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GOVERNMENT OF THE VIRGIN ISLANDS TASK ORDER CONTRACT Provide Emergency Generator Service and Maintenance on the island of St. Croix, USVI This Agreement made this 8" day of June 2021, 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 Continental Construction & Engineering, LLC, whose address is P.O. Box 1656. Kingshill, VI_.00851 (hereinafter referred to as “Contractor’”), WITNESSETH: WHEREAS, the Government is in need of a contractor to provide Emergency Generator Service and Maintenance on the island of St. Croix, USVI; 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 I; it is mutually agreed between the Parties as follows: Section 1. That for and in consideration of the prices and other terms and conditions of this Contract, the Contractor agrees to provide Emergency Generator Service and Maintenance on the island of St. Croix, USVI 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 Department of Public Works as set forth in Addendum II (Compensation) attached hereto and made a part of this Agreement. Section II. This Contract shall commence on June 1, 2021, and shall terminate on May 31, 2022, 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 Goverment. 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 II (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. 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. Contract No. S043BDPWC21(CCEL) 1 Initials 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: GOVENRMENT OF THE VIRGIN ISLANDS: “Maha Alain Milne D. Glew aT) Wiig fe ae D. Thomas Date Commissioner Department of Property and Procurement [> Derek A. Gabriel Date eS, (oA Commissioner Designee Department of Public Works Tia chen. Q-2Y- Zoz| A f. Cherie a Date / 7 Member Continental Construction & Engineering, LLC (Corporate Seal if Contractor is a Corporation) pon, Contract No. S043BDPWC21(CCEL) 2 Initials__ —— LE \ ADDENDUM I Scope of Work 1. GENERAL The purpose of this contract is to provide servicing and maintenance to emergency generators in the territory of the United States Virgin Islands, which have been declared under a state of emergency ora disaster area by the Governor of the United States Virgin Islands. The Contractor shall provide all management, supervision, labor, machines, tools, equipment, and lubricants necessary to service and maintain emergency generators in top operational performance. Work shall commence within six (6) hours of receipt of a job order. Work shall be performed in the United States of the Virgin Islands during hours of 7:00 a.m. and 7:00 p.m., seven (7) days per week until all job orders are satisfactorily completed. 2. EXECUTION The Contractor shall coordinate all work through the Department of Public Works (DPW). Emergency generators serviced and maintained under this contract must be owned or operated by a government agency. Service and maintenance of emergency generators shall consist of checking and replenishing all oils and lubricants, performing preventative maintenance, and emergency repairs to make generators operational. 3. REPORTING The Contractor shall submit a report to the Department of Public Works at the end of each day. Each Daily Report shall contain, at a minimum, the following information: Contractor’s name and telephone Contract number Make, model number (including phase) Agency, location, date, time, and the activity performed on generator (including an itemized list of all parts installed - old parts must be returned to DPW) Daily and the cumulative total of oil and lubricants delivered to the generator. GDOW > m7 4. PAYMENT Payment for service and maintenance of emergency generators will be based on the number of generators serviced. Parts will be reimbursed at cost, once approved by DPW. The contractor is instructed to submit bi-weekly detailed invoices that must include, but is not limited to, the contract number; the contract amount; the number of generators, serviced; the agency that owns the generator, the number and cost of pairs installed; the amount to be paid to the Contractor; the amount previously paid the Contractor (if applicable): the balance due to the Contractor; the period for which services were rendered; days worked; number and title of personnel; and copies of Daily Reports covering the invoiced period. 5. OTHER CONTRACTS } Contract No. S043BDPWC21(CCEL) 3 Initials CPE sox The Government reserves the right to issue other contracts or direct other Contractors to work within the area included in this contract. GENERATOR BID SCHEDULE BID EDUL EB z ITEM TOP ty AMO 001 Technician’ Mechanic Fee for Hour the first hour of service 002 Technician Fee after the first 36 Hour hour of service 003 Parts Replacement + 15% each Mark-up TOTAL $ Company Name: Company Physical Address: Company Mailing Address: Tax Identification Number: Company Telephone: Company Fax Number: NOTE: Quantities listed above are for bid evaluation purposes only. Contract No. S043BDPWC21(CCEL) 4 wives 27 ADDENDUM II COMPENSATION The Government, in consideration of the satisfacto ry performance of the services described in the bid’s Scope of Work, agrees to make progress pa y, ments based on the invoices submitted by the Contractor, Continental Construction & Engin eerin LLC. The parties further agree that payments will be made in accordance to actual work perfo rmed. AWARDED: Government of the Virgin Islands’ ITEM DESCRIPTION Negotiated Hourly Rate Technician/Mechanic Fee for the first hour of service $185.00 echnician/Mechanic Fee after the first hour $55.00 of service Parts Replacement Parts Replacement +15% markup Contract No. $043BDPWC21(CCEL) ADDENDUM Ill (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 ori gin. (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 employment. (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. Contract No. S043 BDPWC21(CCEL) 6 OA (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order States. 2. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth j 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. 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 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 requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor Contract No. S043 BDPWC21(CCEL) 7 pak 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 or 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 Governm ent, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) 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 tum, 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 requirements 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 CFR. pt. 3000. As such the Contractor is required to verify that none of the contractor, its principals (defined at2 CFR. § 180.995), or its affiliates (defined at2 CFR. § 180.905) are excluded (defined at2 CFR. § 180.940) or disqualified (defined at 2 CF.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. (3) 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. Contract No. $043BDPWC21(CCEL) } win DO (4) The bidder or proposer agrees to comply with the requirements of 2 C.F R. pt. 180, subpart C and 2 CFR. 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:/Awww.epa.gov/ smm/comprehensive-procurem ent-gui deline-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. 8. ACCESS TO RECORDS = a Contract No. $043BDPWC21(CCEL) 9 ih AO 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 or 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 Goverment 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 to the 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 Govemment. The Contractor 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 in said subcontracts. 1]. 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. Contract No. S043BDPWC21(CCEL) 10 wiv OA 12. TERMINATION The Government shall have the night 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 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 Designee Department of Property and Procurement 3274 Estate Richmond St. Croix, Virgin Islands 00820 Derek A. Gabriel Commissioner Nominee Department of Public Works CONTRACTOR Cherie Munchez Member Continental Construction & Engineering, LLC 6253 Estate Peter’s Rest Christiansted, VI 00820 14. REMEDIES If work under this Contract is not performed 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 assure payment of claims arising there from, 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. Contract No. $043 BDPWC21(CCEL) 11 Initi Department of Property&Procurement Govemment of the United States Virgin tslands 3274 Estate RICHMOND, CHrusTIANSTED, U.S. Vircin IsLanns 00820 8201 Sus Base, 3D FLOOR, ST. THOMAS, U. S. ViRGIN ISLANDS 00802 ST. CROIX MAIN OFFICE: 340.773.1561 | ST THOMAS MAIN OFFICE: 340.774.0828 ST CROMM FAX: 340.773.0986 | st THOMAS FAX 340.774 9587 HTTPHOPP Vi.GOV Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned Continental Construction & Engineering. LLC. certifies, to the best of his or her knowledge, that: 1. 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, Continental Construction & Engineering. 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 of 31 U.S.C. § 3801 ef seq., apply to this certification and We if Vi we fn tractor’s lacy ernie Chote: M\yis OL Cay one $043BDPWC21(CCEL) 18 Initials