CONSTRUCTION CONTRACT
THIS AGREEMENT made as of the
____
day of
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2020, 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 Four Star Construction, LLC (hereinafter referred to as
“Contractor”).
WITNESSETH:
WHEREAS, the Government is in need of a conttactor to furnish all labor, materials and
equipment necessary for the Mafolie Road, Route 35 ER Repairs, on the island of St. Thomas,
United States 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 Section 1, Section II, and Section III of the Contract Book.
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.
WORK
The Contractor will provide the services described more particularly in Section 1 (Bid
Schedule) incorporated herein by reference and made a part of this construction contract.
2.
TERM
This Contract shall commence upon execution by the Governor of the United States Virgin
Islands, and shall terminate one hundred twenty (120) calendar days from the issuance of the
formal Notice to Proceed or in accordance with an agreed upon extension pursuant to the General
Provisions in Section II of the Contract Book.
3.
COMPENSATION
The Government, in consideration ofsatisfactory performance of the services described in
Section I (Bid Schedule), agrees to pay the Contractor the sum of Nine Hundred Nine Thousand
One Hundred Thirty Six Dollars and Seven Cents ($909,136.07), in accordance with the
provisions set forth in Section II (Schedule of Amounts, Periodical Pay Estimate, and Change
Order), 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, liquidated damages
of five hundred dollars ($500.00) 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.
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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 sIands.
7.
DOCUMENTS, PRINTOUTS, ETC.
Certified copies of all documents, books, records, instructional materials, programs, printouts
arid 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 the Contractor or by any other person or entity except upon the
written pennission 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 or whatsoever nature, including but not limited to
unemployment insurance, gross receipt, excise, and social security taxes of 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 approval of the Government.
10.
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 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.
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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 he valid or of any force or effect unless made in writing, signed by the parties hereto or their
duly authorized representatives, and specifying with particularly 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.
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 its option, 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 Governor.
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 “Contract Book Section
11, Paragraph 51 and 52 ofthe General Provisions” is hereby fully incorporated herein by reference
and is made part of this agreement.
18.
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 ofrace, creed, color, sex, religion,
disability or national origin.
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19.
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.
(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 of employee and, as such,
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 defined in section 1101
(1) of said Code chapter.
20. NOTICE
Any notice required to he 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 Subbase, St. Thomas
U. S. Virgin Islands 00802
Nelson Petty Jr.
Commissioner
Department of Public Works
8244 Subbase
St. Thomas, VI 00802
CONTRACTOR
Roystin David
President
Four Star Construction, LLC
P. 0. Box 301792
St. Thomas, VI 00803
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LICENSURE
The Contractor covenants that it has:
a.
Obtained all of the applicable license 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.
22.
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.
The Work shall be done under the direct supervision ofthe Government, and in accordance
with the laws of the Government and its 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.
23.
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 his 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 received by it
hereunder; and that it has not, in estimating the contract price demanded by it included any such
by reason of such brokerage, commission or percentage; and that all monies payable to him
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.
24.
DEBARMENT CERTIFICATION
By execution ofthis 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
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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.
25.
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.
26.
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.
27.
CERTIFICATION OF CONTRACTS, GRANTS, LOANS AND COOPERATIVE
AGGREMENTS
(To be submitted with each bid or offer exceeding $100,000)
No Federal appropriated funds have been paid or will be paid, by or on behalf ofthe 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.
Ifany 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.
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
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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, Four Star Construction, 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 provisions of3l U.S.C. § 3801 ci seq., apply to this certification and disclosure.
if any.44
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27. OTHER SPECIFICATIONS AND PROVISIONS
Section I through Section III of the Contract Book attached hereto, documentation
included in the Invitation Bid Package, and Plans/Specifications are hereby incorporated by
reference and made a part of this Contract.
‘l’he valid Specifications for this contract is the Standard Specifications for Construction of
Roads and Bridges on Federal Highway Projects (FP-1 4) including errata and amendments, vith
the exception of Part 100 and any reference to Federal Acquisition Regulation Contract clause
contained in FP-14 is also modified by any pertinent supplemental specifications as included in
Section III.
28.
INStJRANCE
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)
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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.
29.
PAYMENT AND PERFORMANCE BONDS
The Contractor shall comply with the following minimum bonding requirements:
(a) A performance bond to secure Contractor’s obligations and performance under the Contract
for 100% of the Contract price; and
(b) A payment bond to assure payment to all persons supplying labor and material in the
execution of the work provided for in the Contract for 100% of the Contract price.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year
first above written.
WITNESSES:
Date:
7/21/2020
Date: 3 122I200
Date:
_______
APPROVED:
Albert Bryan Jr.
GOVERNOR OF THE VIRGIN ISLANDS
(Cotporate seal, fContractor is a corporation
Date:
DEPARTMENT OF JUSTICE BY:
APPROVED AS TO LEGAL SUFFICIEN
7/28/2020
Purchase Order No.:
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GOVERNMENT OF THE VIRGIN ISLANDS
b.
Anthoi1b. Thomas
Commissioner
pa
ent of Property and Procurement
Nelson
issioner
Department of Public Works
CONTRACTOR
4L (JZ/9 /
—
R4tin David
jç)
Four Star Construction, LLC
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8-31-2020
CERTIFICATE OF APPROVAL
I hereby certify that this is a true and exact copy of Construction Contract No. COO9DPWT2O
(FSC) entered in between the Department of Property and Procurement, on behalf of the
Department of Public Works and Four Star Construction, LLC.
Anthony D. Thomas, Commissioner
Department of Property and Procurement
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