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SUPPLEMENTAL CONSTRUCTION CONTRACT THIS AGREEMENT is made this — day of 2021, 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 Professional Design Builders, Inc. dJbla Custom Builders (hereinafter referred to as “Contractor”), WITNESSETH: W1-IEREAS, the parties entered into a contract for the District-Wide Signage in St. Thomas! St. John District, Virgin Islands, Original Contract No. COO4DPWT2O (CR?), dated April 14, 2020, a copy of which is attached and incorporated herein by reference; and WHEREAS, the Government is desirous of additional work for the District- Wide Signage in St. Thomas! St. John District, Virgin Islands, which are more particularly described in Section 1 (Bid Schedule), incorporated herein by reference and made a part of this supplemental construction contract; and WHEREAS, these services are an integral and functional part for the District- Wide Signage in St. Thomas! St. John District, Virgin Islands for the bettennent of services to the public and working conditions in general; and WHEREAS, the Contractor 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 panies hereto do covenant and agree as follows: 1. SERVICES The Contractor will provide the services described more particularly in Section I (Bid Schedule) incorporated herein by reference and made a pan of this construction contract. COIODPWT2 (CB 21st September 2. TERM This Contract shall commence upon execution by the Governor and shall terminate within Seventy-Nine (79) 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 11 of the Contract Book. 3. COMPENSATION The Government, in consideration of satisfactory performance of the services described in Section 1, agrees to pay the Contractor the sum of Five Hundred Forty- Seven Thousand Two Hundred Thirty-Eight Dollars and Thirteen Cents ($547,238.13), in accordance with the provisions set forth in Section 11 (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. 5. EFFECTIVE DATE The effective date of this Contract shall be the day of execution of the Contract by the Governor. 6. 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, COWDPWf2( (CD) lni2W fictitious or fraudulent. Contractor acknowledges that making such a false, fictitious or fraudulent claim is an offense under Virgin Islands law. 7. 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 PARTLES EXCLUDED FROM FEDERAL PROCUREMENT OR NON PROCUREMENT.” In the event the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal hinds, 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. 8. 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. 9. 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: 10. 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. CO[ODPWT2i (CB) lniti)t The valid Specifications for this contract is the Standard Specifications for Construction of Roads and Bridges on Federal 1-[ighway Projects (FP-96) including errata and amendments, with 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. 11. INSURANCE Contractor shall maintain the following insurance coverages during the term of this Contract. (a) COMMERCIAL GENERAL LL’\BILITY: 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 (5 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) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government thsurance Fund or other form of coverage. 12. PAYMENT AND PERFORMANCE BONDS The Contractor shaH comply with the following minimum botidirig requirements: (a) A performance bond to secure Contractor’s obligations and performance under the Contract for t00% 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. GOVERNMENT Anthony I). Thomas Commissioner Department of Property and Procurement 8201 Subbase, 3rd Floor Li. S. Virgin Islands 00802 COIODPWT2 I (CB) 4 Derek Gabriel Commissioner Nominee Department of Public Works 8244 Subbase St. Thomas, Virgin Islands 00802 CONTRACTOR JeromeT. Bosehulte President Professional Design Builders, Inc. dlb/a Custom Builders 4028 Anna’s Retreat St. Thomas, Vfrgin Islands 00802 Except as stated herein, all other terms and conditions of the contract for the District-Wide Siguage in St. Thomas? St. John District, Virgin Islands, and Original Contract No. COO4DPWT2O (CR), dated April 14, 2020, shall remain in hill force and effect. COIODPWT2I (CB) 5 IN WITNESS WHEREOF, the panics have hereunto set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS / 7/1512021 ta44 L A b flate: —— /j AnthoüjD. Thomas i-fl—Commissioner Department of Property and Procurement ‘ 72k 4..Q Date: 6erek Gabriel Commissioner Nominee Department of Public Works Co Date: 3&/2a I 7-, Jerome T. Bosehulte / President Professional Design Builders, Inc. d/b/a Custom Builders (Corporate seal, ifContractor is a corporation) APPROVED: Date: Albert Bryan Jr - GOVERNOR OF THE VIRGtN ISLANDS APPROVED AS TO LEGAL SUFFICIENCY) 44 AT THE DEPARTMENT OF JUSTICE B4i7 ‘AssistanfXttorney eneral Date 7/27/2021 Purchase Order No. P0 No. 11741 dated 6/30/2021 COIODPWT2I (GB) 6 Ini:ia 9-21-21