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a. OPCMR CONSTRUCTION CONTRACT THIS AGREEMENT is made this day of ___________ 20_. in the Territory of’the Virgin Islands, by and between the Government of the Virgin Islands. Department of Property & Procurement, on behalf of the Department of Education (hereinafter referred to as Governrnent”) and Wilson Construction, Inc. (hereinafter referred to as Contractor”). WITNESSETII: WHEREAS. the Government is in need of a contractor to furnish all labor, materials and equipment necessary for the Renovation of Special Classroom Bill at the St. Croix Educational Complex, St. Croix, U.S. 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 Addenduni I, (Scope of Work), Addendum II (General Provisions and Warranties together with the additional General Provisions — Construction). Addendum III (Termination of Contracts). Addendum IV (Compensation) and Addendum V(Provisions from 2 CFR 200— Appendix II) attached hereto: and 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 ritten instrument, the parties hereto do covenant and agree as follows: I. SERVICES The Contractor will provide the services described more particularly in Addendum I (Scope of Work) incorporated herein by reference and made a part of this construction contract. 2. TERM This Contract shall commence upon execution by the Commissioner of the Department of Property and Procurement and shall terminate within 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. 3. COMPENSATION The Government. in consideration of satisfactory performance of the services described in Addendum 1, agrees to pay the Contractor the sum of Sixty-Seven Thousand, Three Hundred Seventy-Eight Dollars and Zero Cents ($67,378.00) in accordance with the provisions set forth in Addendum IV (Compensation), attached hereto is hereby incorporated by reference and made a part of this contract. C028D0EC2 I (WCI) Contractor’s InitialsJ IF 13033DOEC2 1(C) 1 2nd June 21 4. LIQUIDATED DAMAGES OPCMR 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, Seventy-Five Dollars and Zero Cents ($75.00) 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. 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 Islands. 7. DOCUMENTS, PRINTOUTS, ETC. Certified copies of 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, or at the Government’s request, during the life of the 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 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 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 approval of the Government. CO28DOEC2 I (WCI) I FBO33DOEC2 I (C) Contractor’s initials y. IA/’ 2 • OPCMR 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 attorneys 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 INDEPENDEN1 CONTRACTOR The Conttactoi shall PCI totrn this Comi act as an independent conti actor and nothing heiein contained shall be construed to be inconsistent with this relationship or status. 12. GOVERNING LAW This Contiact shall be governed b the la\s of the United States Viigin Islinds and jurisdiction and venue are exclusive in the United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification, oramendnient of any term, condition or provision ofthis 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 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 tinder this Contract is not performed in accordance with the terms. hereot 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, at its option, the Government may apply such sums in such manner as the Government may deem proper to sectire itself or to satisfy such claims. The Government will C028D0EC21(WCI) Contractor’s Initials 1/. f.J 1F13033D0EC21(C) 3 OPCMR 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 Commissioner of the Department of Property and Procurement. 17. TERMINATION lither 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 “Addendum III- Termination of Contracts for the Convenience of the Government” is hereby fully incorporated herein by reference and is made a part of this agreement. 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 ten (10) 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 payment for services provided to the date of’termination. including payment for the period of the ten (10) days’ notice. 19. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds ot 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 perform under this Contract. (b) Contractor further covenants that it is: (I) not a territorial officer oi’ employee (i.e., the Governor, Lieutenant Governor, member of the Legislature ot’ any other elected territorial official; or an officer or employee of the legislative, executive, orjudicial 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 CO28DOEC2(VCI) Contractor’s Initials V. (,J IFBO33DOEC2 I (C) 4 OPCMR (2) a teiritorial officer or employee and, as such, has: (i) familiarized itself with the provisions of Title 3, Chapter 37, Virgin Islands Code, pertaining to conflicts ot’interest, including the penalties provisions set forth in section 1108 thereof; (ii) not made. negotiated or influenced this contract. in its official capacity; and (lii) no financial interest in the contract as that term is defined in section 1101. (1) of said Code chapter. 21. EFFECTIVE DATE The effective date of this Contract is upon the execution 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 he 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 Comm iss loner Department of’ Property and Procurement 8201 Sub Base, Suite 4 St. Thomas. VI 00802 Racquel Berry-Benjamin Commissioner Department of Education 1 834 Kongens Gade Charlotte Arnalie, VI 00802-6746 CONTRACTOR Victor Wilson President Wilson Construction, Inc. 106 Estate Tamarind P.O. Box 5716 Christiansted. VI 00823 C028D0EC2 l(WCI) _________ IFBO33DOEC2 1(C) 5 Contractor’s Initials V 1J ti., OPCMR 23. L1CENSURE The Contractor covenants that it has: a. obtained all of the applicable licenses or permits, temporal)’ 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. 24. CONTRACTOWS RE1RESENTATIONS 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 Ibr 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 proposal or as extended in accordance with the General Provisions of the Contract. The Work shall be done under the direct supervision of the Government. and in accordance with the laws of the Government and it Rules and Regulations thereunder issued and any and all applicable federal rules and regulations. The pallies hereto agree that this contract shall, in all instances, be governed by the Laws of the Government of the Virgin Islands. 25. 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 its 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 receivable by him hereunder; and that it nor its officers, agents or employees has not, in estimating the contract price demanded by it included any sum by reason of such brokerage, commission or percentage; and that all monies payable to it 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. CO2RDOEC2I(WCI) Contractor’s Initials V. IFBO33DOEC2I(C) 6 OPCMR 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 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. 27. 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 fi’om 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. 28. 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 fi’audulent. Contractor acknowledges that making such a false. fictitious, or fraudulent claim is a federal offense. 29. DAVIS BACON ACT Contractor hereby agrees that it shall comply with all rulings and interpretations of the Davis-Bacon Act (40 USC 276a-5) and that the contractor and subcontractor agrees that all employees shall be paid the local prevailing wages as established by Virgin Islands statutes and laws. 30. OTHER PROVISIONS Addendum I (Scope of Work), Addendum II (General Provisions and Warranties), Addendum Ill (Termination of Contracts), Addendum IV (Compensation) and Addendum V (Provisions from 2 CFR 200— Appendix II) attached hereto are hereby incorporated by reference and made a part of this contract. CO28DOEC2 I (WCI) ________ IFBO33DOEC2 1(C) 7 Contractor’s Initials/J 31. INSURANCE OPCMR Contract: Contractor shall maintain the following insurance coverages during the term of this (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 hundred thousand dollars ($100,000.00) for any one person per occurrence for death or personal injury and one hundred thousand dollars ($100,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certiticate holder and additional insured via an endorsement. (h) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. 1’ CO28DOEC2 I (WCI) IFBO33DOEC’2 1(C) 8 Contractor’s InitiaIsjLjL OPCMR IN WETNESS WHEREOF. the parties have hereunto set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS -h Racquel gerry-Benjamin Commissioner Department of Education Date: 05/21/2021 Date: Anthony D. Thomas Corn missioner Department of Property and Procurement CONTRACTOR Victor Wilson President Wilson Construction, Inc. Date:_______ (Corporate seal. ifContractor is a corporation) APPROVED AS TO LEGAL SUFFICIENCY ,,j 4 AT THE DEPARTMENT OF JUSTICE BY: ____________ Date 6/2/2021 A’sistant Attorney eneral Purchase Order No. CO28DOEC2 I (WCI) IFBO33DOEC2I(C) 9 Contractor’s Initials ti i_A’ 6/2/2021 Addendum I c. 0PCMR I Scope of Work CO2SDOEC2I (4’fl) Contractor’s IFBQJJDOEC2J(C) 10 V p - Mtn; P834 Kongen CharloixoAmiille St.Thornas. U.S.Vlrgki blsnds 0002$746 TI: 340/ 774.0100 • Fax: 3401 779.7153 ADDENDUM A RENO’.TION SF.RVICES To SPED CLAssRooI Bill .vi till: Sr. CROl EDUCATIONAL COMPLEX Sr. Ctoi,, US VIRGIN ISLANDS ITEMIZED BID SHEET Cost of Item Unit No Item Description Qusnt Price Material & ‘ Labor 1.0 Remove and legally dispose of all damaged or cotidenined ftirmturc I LS 00 00 00 and! or fixtures as dirceted by VIDE. 2.0 (tistall new metal stud walls from floor to ceiling as indicated on 343 SF S S VIDE plans and Appcndi* H - Outline Specifications, 22 .00 1 546 00 3.0 Elcctrlcul Installation to include rewiring and/or relocating existing I LS - S s 000 $ 8 , 000 . 00 clcctrical outlets, now outlets bathroom light and cxhaust fan us required and indicated on VIDE’s plans. 4.0 Plumbing Installation to include existing plumbing relocation! I LS S S rceonncetiOn. plumbing fixtures, new plumbing Supply and waste 9 , 000 9 0C)() . 00 lines as indicated on VIDE’s scliemiuic plaits. Contractor hull connect fixtures to the closest existing plumbing supply and waste lines. 5.0 Prep and point all walls us indicated in Appendix 13 . Outline 1,222 SF S S Specifications. Except for the shower, finish with 2 coats of semi- 4 . 00 4 888 .00 losspaint. Color to be approved by \‘IDE. 6.0 Install ceramic floor and wall tiles in the new bathroom shower. 122 SF . 2 6 Finishes to be approved by VIDE. Including approved W’ minimum tile substrate. 7.0 Remove existing vinyl floor Iiivs and replace with new composite S S vinyl tiles(VCT) as indicated in Appendix 13 - Outline 1,204 SF 12 .00 14 ,448 .00 Specifications. 8.0 Provide and install kitchen cabinets as indicated on VIDE’s 2 Stations S S schematic plans. Contractor shall provide cabinct shop drawings ‘ 000 1 8 , 000 . 00 prior to installation. 9.0 Proccc1ean-upandctosc’amn. I LS S 1,800 1 ,too.oo 10.0 0.00 0.00 TOTAL COST S - — ioo CO28DOEC2 l(WCJ) LFBO33DOEC2 1(C) Contractor’s Initials_Vs L1,1 OPCMR Scope of Work ThE VlGIN ISLANDS DEPARTMENT OF EDUCATION Vt/jEt’ f/lit’ C )iltSili.SS14Jfl1’I’ St. Croix: 1133 Hospital Sct.ChrIsuanssd Sr. Croix, IJ,5.VtrgIn islandi 00810.4665 Tal:340/ 773.1095 • Fax:340/ 773.9579 11 Addendum :*‘ r Addendum II General Provisions and Warranties Additional General Provisions — Construction OPCMR (‘028D0EC2 1 (WCI) IFBO33DOEC2 1(C) 12 Contractor’s lnitiaIsj 141 GENERAL PROVISIONS (CONSTRUCTION CONTRACT) OPCMR I. DEFINITIONS (a) The term “Contracting Officer” as used herein means the person executing this contract on behalf ol’ the Government and includes a duly appointed successor or authorized representative. 2. SPEd FICATIONS ANI) I)RAWINGS The Contractor shall keep on the work a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of like effect as ifshown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy either in the figures, in drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such determination shall be at his own risk and expense. The Contracting Officer shall furnish from time to time such detail drawings arid other information as he may consider necessary, unless otherwise provided. 3. CHANGES (a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be change order, make any change in the work in the general scope of the contract, including but riot limited to changes: (i) In the specifications (including drawings and designs): (ii) In the method or manner of performance of the work: (iii) In the Government—furnished facilities, equipment, materials, services, or site, or (iv) directing acceleration in the performance of the work. (h) Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Contracting Officer, which causes any such change, shall be treated as a change order under this clause, provided that the Contractor gives the Contracting Officer written notice stating the date, CO28DOEC2 I (WCI) IFBO3300EC2 1(C) circumstances, and source of the order and that the Contractor regards the order as a change order. (c) Except as herein provided, no order, statement, or conduct of’ the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder. (d) If any change under this clause causes an increase or decrease in the Contractor’s cost ot or the time required for, the performance of any part of the work under this contract, whether or riot changed by any order, an equitable adjustment shall be niade and the contract modified in writing accordingly: Provided. however, That except for claims based on defective specifications, no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor gives written notice as therein required: And provided further. That in the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increase cost reasonably incurred by the Contractor in attempting to comply with such defective specifications. (e) If the Contractor intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Government. The statement of claim hereunder may be included in the notice under (b) above. (f) No claini by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. 4. DIFFERING SITE CONDITIONS (a) The Contractor shall promptly, and before such conditions are disturbed, notil’ the Contracting Officer in writing of: (1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, differing material from those ordinarily encountered arid generally recognized as inhering in work of the Contractor’s Initials . 4/ 13 OPCMR character provided for in this contract. The Contracting Officer shall promptly investigate the conditions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of. or the time required for. performance of any part of the work under this contract, whether or not changed as a result such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly. (b) No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in (a) above: provided, however, the time prescribed therefore may be extended by the Government. (c) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. 5. TERMINATION FOR DEFAULT—DAMAGES FOR DELAY—TIME EXTENSIONS (a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or thus to complete said work within such time, the Government may, by written notice to the Contractor, terminate his right to proceed with the work of such part of the work as to which there has been delay. In such event the Government may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on the site of the work necessary. therefore. Vhether or not the Contractor’s right to proceed with the work is terminated, he and his sureties shall be liable for any damage to the government resulting from his refusal or failure to complete the work within the specified time. (h) If fixed and agreed liquidated damages are provided in the contract and if the Government so terminates the Contractor’s right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work. (c) If fixed and agreed liquidated damages are provided in the contract and if the Government does not so terminate the Contractor’s right to proceed, the CO28DOEC2 I (WCI) 1F13033D0EC21(C) resulting damage will consist of such liquidated damages until the work is completed or accepted. (d) The Contractor’s right to proceed shall not be so terminated nor the C’ontractor charged with resulting damage if (I) The delay in the completion of’ the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. including but not restricted to, acts of God, acts of the public enemy. acts of the Government in either its sovereign or contractual capacity, acts of another contractor in the performance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes. unusually severe weather, or delays of subcontractors or suppliers arising from un foreseeable causes beyond the control and without the fault or negligence of both the Contractor and such subcontractors or suppliers: and (2) The Contractor, within 10 days from the beginning of such delay (unless the Contracting Officer grants a further period of time before the date of’ final payment under the contract,) notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of any delay and extent the time for completing the work when, in his judgment, the findings of facts justify such an e>aension, and his findings of fact shall be final and conclusive on the parties. subject only to appeal as provided in Clause 6 of these General Provisions. (e) If, after notice of’ termination of the Contractor’s right to proceed under the provisions of this clause, it is determined for an’ reason that the Contract was not in default under the provisions of this clause, or that the delay was excusable under the provisions of’ this clause, the rights and obligations ofthe parties shall, if the contract contains a clause provided for termination for convenience of the Government, be the same as if’ the notice for termination had been issued pursuant to such clause. 1t in the foregoing circumstances, this contract does not contain a clause providing for termination for convenience of the Government, the contract shall be equitable adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within 14 Contractor’s Initials ‘i! ti’ OPCMR the meaning of the clause of this contract entitled “Disputes.” (0 The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract. (g) As used in Paragraph (d) (I) ofthis clause, the term Subcontractors or Suppliers’ means Subcontractors or Suppliers at any tier. 6. DISPUTES (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise tirnish a copy thereof to the Contractor. The decision ofthe Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the head of the Agency involved. The decision of the head of the agency or his duly authorized representative for the detemiination if such appeals shall be final and conclusive. This provision shall not be pleaded in any suit involving a question of fact arising under this contract as limited judicial review of any such decision to cases where fraud by such official or his representative or board is alleged: Provided, however, That any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceedin under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer’s decision. (b) This Disputes clause does not preclude consideration of questions of law in connection with decisions provided for in paragraph (a) above. Nothing in this contract, however, shall be constructed as making final the decision of any administrative official, representative, or board on a question of law. CO28DOEC2 I (WCI) IFBO33DOEC2I(C) 7. PAYMENTS TO CONTRACTOR () The government will pay the contractor price as hereinafter provided. (b) The Government will make progress payments monthly as the work proceeds. or at more frequent intervals as determined by the Contracting Officer. on estimates approved by the Contracting Officer. If requested by the Contracting Officer, the Contractor shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis of determining progress payments. In the preparation of estimates the (‘ontracting Officer, at his discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site may also be taken into consideration (I) if such consideration is specifically authorized by the contract and (2) if the Contractor furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized on the work covered by this contract. (c) In making such progress payments, there shall be retained 10 percent of the estimated amount until final completion and acceptance of the contract work. 1-lowever. if the Contracting Officer, at any time after 50 percent of the work has been completed. finds that satisfactory progress is being made, he may authorize any of the remaining progress payments to be made in full. Also, whenever the work is substantially complete, the Contracting Officer, if he considers the amoLint retained to be in excess of the amount adequate for the protection of the Government, at his discretion, may release to the Contractor all or a portion of such excess amount. Furthermore, on completion and acceptance of each separate building. public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made therefore without retention of a percentage. (d) All material and work covered by progress payments made shall thereupon become the sole property ofthe Government, by this provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which 15 Contractor’s Initials___________ OPC’MR payments have been made or the restoration of any damaged work, or a waiving the right of the Government to acquire the fulfillment of all the terms of the contract, (e) Upon completion and acceptance of all work, the amount due to the Contractor under this contract shall be paid upon the presentation of a properly executed voucher and afler the Contractor shall have furnished the Government with a release, if required. of all claims against the Government arising by virtue of this contract, other than claims in stated amounts as may be specifically excepted by the Contractor from the operation of the release, If the Contractor’s claim to amounts payable under the contract has been assigned tinder the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203. 41 U.S.C. 15). a release max’ also be required of the assignee. 8. ASSIGNMENT OF CLAIMS (a) If this contract provides from payments aggregating $ 1.000 or more, claims for moneys due or to become due to the Contractor from the Government under this contract may he assigned to a bank, trust company. or other financial institution. including any Federal lending agency arid may thereafler he further assigned and reassigned to any such institution .An3 such assignment or reassignment shall cover all amounts payable under this contract and not already paid and shall not he made to more than one party. except that any such assignment or reassignment may be made to one party as agent oi’ ti’ustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys due to become due under this contract shall not, to the extent provided in said Act. as amended, be subject to reduction or setoff. 9. MATERIAL AND WORKMANSHIP (a) Unless otherwise specifically provided in this contract, all equipment. material, and articles incorporated in the work covered by this contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in this contract, reference to any equipment, material, article, or patented process, by trade name, make, or catalog number, shall he regarded as establishing a standard of quality and shall not be construed as limited competition. and the Contractor may. at his option. use any equipment, material, CO2800EC2 l(WCI) IFBO33DOEC2 1(C) article, or process which, in the judgment of the Contracting Officer is equal to that named. The Contractor shall furnish to the Contracting Officer for his approval the name of the manufacturer, the model number, and other identifying data and information respecting the perf’ormance, capacity, nature, and rating of the machinery and mechanical and other equipment which the Contractor contemplates incorporating in the work. When required by this contract or when called for by the Contracting Officer, the Contractor shall furnish the Contracting Officer for approval full information concerning the material or articles which he contemplated incorporating in the work. When so directed, samples shall he submitted for approval at the Contractor’s expense. with all shipping charges prepaid. Machinery, equipment. material, and articles installed or used without required approval shall be at risk of subsequent rejection. (b) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer rna’. in writing, require the Contractor to remove from the work any employee the (‘ontracting Officer deems incompetent, careless, or otherwise objectionable. 10. INSPECTION ANI) A(’CEPTANCE (a) Except as otherwise provided in this contract, inspection and test by the Government of material and workmanship required by this contract shall be made at reasonable times and at the site of the work, unless the Contracting Officer determines that such inspection or test of material which is to he incorporated in the work shall be made at the place of production, manufacture, or shipment of such material. To the extent specified by the Contracting Officer at the time of determining to make off-site inspection or test, such inspection or test shall be conclusive as to whether the material involved confornis to the contract requirements. Such off-site inspection or test shall not relieve the Contractor of responsibility for damage to or loss of’ the material prior to acceptance. nor in any way affect the continuing rights of the Government after acceptance of the completed work tinder the terms of paragraph (1) of this clause, except as hereinabove provided. (b) The Contractor shall, without charge, replace any material or correct any workmanship found by the Contractor’s Initials 1/ t-” 16 OPCMR Government not to conform to the contract requirements, unless in the public interest the Government consents to accept such material or workmanship with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. (c) If the Contractor does not promptly replace rejected material or correct rejected workmanship. the Government (1) may. by contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the Contractor, or (2) may terminate the Contractor’s right to proceed in accordance with Clause 5 of these General Provisions. (d) The Contractor shall furnish promptly. w’ithoui additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspection and test as may be required by the Contracting Officer. All inspection and test by the Government shall be performed in such manner as not unnecessarily to delay the work. Special, full size, and performance tests shall be performed as described in this contract. The Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection. (e) Should it be considered necessary or advisable by the Government at any time before acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all necessary titcilities, labor, and material. If such work is found to be defective or nonconforming in any material respect, due to the fault of the Contractor or his subcontractors, he shall defray all the expenses of such examination and of satisfactory reconstruction. If. however, such work is found to meet the requirements of the contract, an equitable adjustment shall be made in the contract price to compensate the Contractor for the additional services involved in such examination and reconstruction and, if completion of the work has been delayed thereby, he shall, in addition, be granted suitable extension of time. (I) Unless otherwise provided in this contract. acceptance by the Government shall be made as promptly as practicable after completion and CO28DOEC2 I (WCI) IFBO33DOEC2 1(C) inspection of all work required by this contract. Acceptance shall be linal and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Government’s rights under any warranty or guarantee. II. SUPERINTENDENCE BY CONTRACTOR The Contractor shall give his personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the Contracting Officer, on the work at all times during progress, with authority to act for him. 12. PERMITS AND RESPONSI BILITIES The Contractor shall, without additional expense to the Government. he responsible for obtaining any necessary’ licenses and permits, and for complying with any applicable Federal, State. and municipal laws, codes, and regulations, in connection with the prosecution of the work. Fle shall be similarly responsible for all damages to persons or property that occur as a result of his fault or negligence. He shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction thereof which therefore may have been accepted. 13. CONDI1’IONS AFFECTING THE WORK The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve him from responsibility for successfully’ performing the work without additional expense to the Government. The Government assumes no responsibility for any understanding or representations concerning conditions made by’ any of its officers or agents prior to the execution of this contract. unless such understanding or representations by the Government are expressly stated in the contract. 14. OTHER CONTRACTS The Government may undertake or award other contracts for additional work, and the contractor shall fully cooperate with such other contactors and Government employees and carefully tit his own work 17 Contractor’s Initials /. 1’ —..,., ,,s OPCMR to such additional work as may be directed by the Contracting Officer. The Contractor shall not commit or permit any act which vill interfere with tile performance of work by any other contractor or by Government employees. IS. PATENT INDEMNITY Except as otherwise provided, the Contractor agrees to indemnify the Government and its officers. agents, and employees against liability, including costs and expenses, arising out of the performance of this contract or out of the use or disposal by or for the account of the Government of suppliers furnished or construction work performed hereunder. 16. ADDITIONAL BOND SECURITY If any surety upon a bond furnished in connection with this contract becomes unacceptable to the Government, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, the Contractor shall promptly furnish such additional security as may he required from time to time to protect the interests of Government and of persons supplying labor or iiaterials in the prosecution of the work contemplated by this contract. 17. COVENANT AGAINST CONTINGENT FE ES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage. brokerage, or contingent fee, excepting bona tide employees or bona tide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage. brokerage, or contingent fee, 18. OFFICIALS NOT TO BENEFIT No member of the Legislature or members of Congress shall be admitted to any share or part of this contract, or to any benefit that may arise there from; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. CO28DOEC2 I (WCI) IFBO33DOEC2 1(C) 19. UTILIZATION OF SMALL BUSINESS CONCE RNS (a) It is the policy of the Government as declared by the Legislature that a fair proportion of tile purchases and contracts for suppliers and services for the Government be placed with small business concerns. (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor finds to be consistent with the efficient performance of this contract. 20. SUSPENSION OF WORK (a) The Contracting Officer may order the Contractor in writing to suspend. delay, or interpret all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the Government. (b) If the performance of all or any part of the work is, for an unreasonable period time, suspended, delayed, or interrupted by an act of the Contracting Officer in the administration of this contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of’ this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall he made under this clause for any suspension, delay, or interruption to the extent (I) that performance would have been so suspended, delayed, or interrupted by any other cause, including tile fault or negligence of the Contractor or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract. (c) No claim under this clause shall be allowed (I) for any costs incurred more than 20 days before the C’ontactor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirements shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption but not later than the date of final payment under the contract. Contractor’s Initials 1/ 18 . .4.,, OPCMR Amendment to Section 19 Standard Form No. DPP-GP-15-73 GENERAL PROVISIONS (CONSTRUCTION CONTRACT) 19 UTILIZATION OF APPRENTICES OR TRAINEES & SMALL BUSINESS CONCERNS \ (C) Contractor shall hire, in addition to any other employee he may retain, apprentices or trainees or both for the performance of the work hereunder, the total number of which shall be determined by the Director of the Division of Apprenticeship and Training upon the basis (1) Apprentice (or Trainee) for the first journeyman steadily employed, and one (1) additional Apprentice (or Trainee) for every two (2) additional Journeyman steadily employed. (d) Within ten days of the execution of this Agreement the contractor shall submit to the Division of Apprenticeship & Training, and to the Contraction Officer (The Commissioner of the Department of Property and Procurement) a list of the occupations for which Journeymen will he required in the performance of this contract. (e) Veterans of the U.S. Armed Forces shall be given priority with the respect to the hire of Apprentices and Trainees. (f Failure of Contractor to comply with the athresaid provisions of this section shall he a material breach thereof CO28DOEC2 I (WCI) I FBO33DOEC2 1(C) REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. Contractor’s Initials__________ 19 __;-_‘ . OPCMR GENERAL PROVISIONS Section 22. WARRANTY OF CONSTRUCTION (a) in addition to any other warranties set out elsewhere in this contract, the Contractor warrants that the work performed under this contract confirms to the contract requirements and is free of any defect of equipment, material or design furnished, or workmanship performed by the Contractor or any of this subcontractors and suppliers at any tier. Such warranty shall continue for a period of one year from the date of final acceptance of the work, but with respect to any part of which the Government takes possession of prior to final acceptance, such warranty shall continue for a period of one year from the date the Government takes possession. Under this warranty, the Contractor shall remedy at his own expense any such failure to confirm or any such defect. In addition, the Contractor shall remedy at his own expense any damage to Government owned or controlled real or personal property, when that damage is the result of the Contractor’s failure to confirm to contract requirement or any such detect of equipment, material, workmanship. or design. The Contractor shall also restore any work damaged repaired or replaced hereunder will run for one year from the date of such repair or replacement. (b) The Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect. or damage. (c) Should the Contractor fail to remedy any failure, detect, or damage described in (a) above within a reasonable time after receipt of notice thereof the Government shall have the right to replace. repair. or otherwise remedy such failure. defect. or damage at the Contractor’s expense. (d) in addition to the rights and remedies provided by this clause, all sub-contractor’s, manufactures’, and suppliers’, warranties expressed or implied, respecting any work and materials shall at the direction of the Government, be enforced by the Contractor for the benefit of the Government. In such case if the Contractor’s warranty under (a) above has expired, any suit directed by the Government to enforce a subcontractor, manufacture or supplier warranty shall be at the expense of’the Government. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice. (e) if directed by the Contracting Officer. the Contractor shall require any such warranties to be executed to the Government. (0 Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage which results from any such defect in Government furnished material or design. (g) The warranty specified herein shall not limit the Government’s rights tinder the inspection and Acceptance clause of this contract with respect to latent defects, gross mistake, or fraud. CO28DOEC2I(WCI) Contractor’s Initials 1/ j,1 IFBO33DOEC2 1(C) 20 Addendum III Addendum III Termination ofContracts 1,o OPCMR CO28DOEC2 I(WCI) I FB033 DOEC2 1(C) 21 Contractor’s initiaisJ/jtJ OPCMR Termination of Contracts CONVENIENCE OF THE GOVERNMENT (a) The performance of work under this contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever the Contracting Officer shall determine that such termination is in the best interest of the Government. An’ such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the (late upon which such termination becomes effective. (h) After receipt of a Notice of Termination. and except as otherwise directed by the Contracting Officer, the Contractor shall: (i) stop work under the contract on the date and to the extent specified in the Notice of Termination; (ii) place no further orders or subcontracts [‘or materials, services or facilities, except as may he necessary for completion of such portion of the work under the Contract as is not terminated; (iii) terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; (iv) assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts: (v) settle all outstanding liabilities and all claims arising out of such termination of orders and suhcontracts, with the approval or ratification of the Contracting Officer, to the extent, he may require. which approval or ratification shall be final for all the purposes of this clause: (vi) transfer title and deliver to the Government in the manner, at the times, and to the extent, if any, directed by the Contracting Officer (A) the fabricated or unfabricated parts, work in progress, completed work, supplies. and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (B) the completed or partially completed plans, drawings, information, and other property which, if the contract had been completed, would have been required to be furnished to the Government. (‘028D0EC21(WCI) Contractoi s Initials 1/4) IFBO33DOEC2I(C) 22 OPC MR (vii) use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Commissioner of Property and Procurement, any property of the types referred to in (vi) above; provided, however, that the Contractor (A) shall not be required to extend credit to any purchaser. and (B) may acquire any such property under the conditions prescribed by and at the price or prices approved by the Commissioner of Property and Procurement and provided further that the proceeds of any such transfer or disposition shall he applied in reduction of any payments to be made by the Government to the Contractor tinder this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Commissioner of Property and Procurement may direct; (viii) complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and (ix) take such action as may be necessary, oras the Commissioner of Property and Procurement may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Government has or may acquire an interest. (c) After receipt of the Notice olTermination, the Contractor shall submit to the Commissioner of Property and Procurement his termination claim, in the form and with certification prescribed by the Commissioner of Property and Procurement. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Commissioner of Property and Procurement, upon request of the Contractor made in writing within such one year period or authorized extension thereof. However, if the Commissioner of Property and Procurement determines that the facts justify such action, he may receive and act upon failure of the Contractor to submit his termination claim within the time allowed, the Commissioner of Property and Procurement may determine, on the basis of information available to him, the amount, if any. due to the Contractor by any reason of the termination and shall thereupon pay to the Contractor the amount so determined. (d) Subject to the provisions of paragraph (c), the Contractor and the Commissioner of Property and Procurement may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause. which amount or amounts may include a reasonable allowance for profit on work done: provided, that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing (he amount to be paid to the Contractor in the event of failure of the Contractor and the Corn missionem of Property and Procurement to agmee upon the whole CO28DOEC2I (WCI) Contractor’s InitiaIsj 1F13033D0EC2 1(C) 23 OPCMR amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, shall he deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed to be paid to the Contractor pursuant to this paragraph (d): (e) In the event oithe failure ofthe Contractor and the Commissioner of Property & Procurement to agree as provided in paragraph (d) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, the Commissioner of Property & Procurement shall pay to the Contractor the amounts determined by him as follows, but without duplication of any amounts agreed upon in accordance with paragraph (d): (I) for completed supplies, materials and equipment or services accepted by the Government (or sold or acquired as provided in paragraph (b) (vii) above) and not theretofore paid for, a sum equivalent to the aggregate price for such supplies or services computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving for freight or other charges: (ii) the total of— (A) the costs incurred in the i)erformatice ofthe work terminated, including initial costs and preparatory expense allocable thereto, hut exclusive of an costs attributable to supplies or services paid or to be paid for under paragraph (e) (i) hereof; (B) the cost settling and paying claims arising out of the termination of work under subcoilracts or orders, as provided in paragraph (b) (v) above, which are properly chargeable to the terminated portion of the contract (exclusive ol’ amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (A) above; and (C) a sum, as profit on (A) above, determined by the Contracting Officer to be fair and reasonable; provided, however, that if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (C) and an appropriate adjustment shall he made reducing the amount of the settlement to reflect the indicated rate of loss; and (iii) the reasonable costs of settlement. including accounting. legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontract thereunder, together with reasonable storage. transportation and other costs incurred in connection with the protection or disposition of property allocable to this contract. C028D0EC2 I (WCI) Contractor’s Initials V_ti “ IFBO33DOEC2I(C) 24 Addendum OPCMR Addendum IV Compensation The Government. in consideration of’ the satisfactory performance of the services described in Addendum I (Scope of Work), agrees to make progress payments based on the Schedule of’ Values and invoices submitted by the Contractor, Vilson Construction, Inc., in accordance with Clause 7 (Payments to Contractor) of the General Provisions. l’he parties agree that the sum to be paid under this contract is Sixty-Seven Thousand, Three Hundred Seventy-Eight Dollars and Zero Cents ($67,378.00). The parties further agree that payments will be made in accordance with services rendered. ‘l’he final payment is subject to the inspection and acceptance of the project by the Government. the submission of all pertinent warranties, and the Release of Claims. Contractor shall submit a Waiver of Liens or Affidavits of subcontractors who have released the contractor of its obligations. Contractor shall also submit Consent of’ Surety before final payment and, upon the Government’s request, any other documentation the Government deems necessary. CO28DOEC2 I (WCI) Contractor’s Initials i//Lu” IFBO33DOEC2 1(C) 25 Addendum OPCMR ADDENDUM V Provisionsfi om 2 CFR 200 - Appendix II I EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (I) 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, hut 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 I’or 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, sec. 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 employment. (4) The Contractor will comply with all provisions of Executive Order I 1246 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. (‘028D0EC21(WCI) Contractor’s Initials tJ 1A1 IFBO33DOEC2I(C) 26 OPCMR (7) The Contractor will include the portion of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (1) through (7) iii 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 (I) 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 (I) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall he liable to the United States (in the case of work done under contract for the District of Columbia ora 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 cause 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 1-lours 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 suhcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (I) through (4) of this section. CO28DOEC2 1 (WCI) Contractor’s Initials___________ IFBO33DOEC2I(C) 27 OPCMR 3. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act. (I) 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 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 FEMA. Federal Water Pollution Control Act. (I) 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. 125 I 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 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 (I) 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 none 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. (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. (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 C028D0EC2 l(WCI) IFBO33DOEC2I(C) Contractor’s Initials____________ 28 3 OPCMR 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 iii connection with obtaining any Federal award. Such disclosures are forwarded fronitier to tier up to the Government. 6. PROCUREMENT OF RECOVERED MATERIALS (I) 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:/’w 7. ACCESS TO RECORDS Fhe following a.cess to records requirements apply to this contract (I) The Contractor agrees to provide the Government, the Federal Emergency Management Agency Administrator, the Comptroller General of the United States, or any oftheir 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. CO28DOEC2 I (WCI) Contractor’s Initials__________ IFBO33DOEC’2 1(C) 29 Source Funding ______ Purchase Order XX Grant ______ Federal Highway _____ VIPFA Expires: _____________ Expires _____________ Expires: _____________ Dated: ____________ Virgin Islands Department of Education Executive Summary Funds Under Management of the Third Party Fiduciary As of May 21 2021 5:00 PM Available Last Day To Budget Eopend6ures Encumbered Pre-Encumbered Personnel Indirect Operating Amount to Obligate Obligate Performance Draw Period Active Grants Expiring in 2021 FFY15 Improving Education Positive Climate $ 3712554 $ 3,670,508 $ 20,000 $ - $ 18,033 S 3,013 $ - $ 22,046 £ 3/31/2021 3/31/2021 8/2/2021 FFY17 Consolidated Grants Title V 14,749,680 14,145,587 207,806 - 172,137 33,768 190,382 396,288 Y 9/30/2020 9/30/2020 6/18/2021 FFY18 Project RESTART 13,100,000 11,694384 260,429 - 407,914 88,266 649,007 1,145,187 9/30/2021 9/30/2021 11/1/2021 FFYS7 Striving Readers FY17 195,985 170,763 23,638 - - 1,584 - 1,584 7/31/2021 7/31/2021 11/1/2021 FF119 Special tducaton 8,975,061 7,223,249 1,218,542 - 19,793 97,805 415,671 533,270 9/30/2021 9/30/2021 12/30/2021 FFY19 Adult Education FY19 546,657 168,277 320,958 - 2,653 120 54,650 57.422 9/30/2021 9/30/2021 12/30/2021 FFY18 Special Education 8,975,061 8,771,177 185,469 - 3 3,624 14,788 18,415 — 9/30/2021 9/30/2021 12/30/2021 FFY2O Striving Readers FY20 154,412 - - - 53,825 9,696 144,716 154,412 9/30/2021 1/31/2022 1/31/2022 Total 2021 Grants $ 50.409,410 $ 45,843,945 $ 2,236,843 $ - $ 675,358 $ 237,875 $ 1,469,315 $ 2,328,623 Active Grants Expiring in 2022 FFY19 Striving Readers FY19 154,412 - 118,217 - - 9,696 25,499 36,195 — 10/30/2021 10/30/2021 2/3/2022 FFY18 Consolidated Grants Title V 15,250,804 10,278,605 1,298,886 - 1,119,231 289,791 2264,292 3,673,314 — 9/30/2021 9/30/2021 9/30/2021 FFY18 Adult Education FY18 514,691 482,174 32,513 - - - 4 4 — 9/30/2021 9/30/2021 1/3/2022 FFY19 Consolidated Grants Title V 15,590,964 6,493,281 2,411,325 . 2,653,380 515,638 3,517,340 6,686,359 — 9/30/2021 9/30/2021 1/31/2022 FFY2O Adult Education FY20 567,824 30,566 - - 66,496 2,287 468,474 537,253 — 9/30/2021 9/30/2021 12/30/2022 FFY2O Special Education 8,944,648 2,555,281 86,230 - 4,753,248 393,518 1,156,321 6,303,087 9/30/2022 9/30/2022 12/30/2022 Total 2022 Grants $ 41,023,343 $ 19,839,907 S 3,947,220 $ . $ 8,592,356 $ 1,210.930 $ 7,432,930 $ 17,236,216 Active Grants Expirin in 2023 FFY2O Consolidated Grants Title V 15,974,066 1,628,643 1,206,607 - 6,477,465 801,245 5,604,564 13,138,815 — 9/30/2022 9/3O/2022f 1/30/2023 FFY2O Education Stabilization Fund 19,992,337 10,387,382 2,141,935 zJ 1,359,845 600,256 5,502,918 7,463,020 9/30/2022 9/30/2022 1/30/2023 Total 2023 Grants $ 35,966,403 $ 12,016,025 $ 3,348,542 $ . $ 7,837,310 $ 1,401,502 $ 11,107,482 $ 20,601,835 Active Grants Expiring in 2024 FFY2O Education Stabilization Fund 53,513,542 - . - 7,104,342 2,856,769 43,552,432 53,513,542 9/30/2023 1 9/30/2823 1/30/2024 Total 2024 Grants $ 53,513,542 $ - $ - $ . $ 7,104,342 $ 2,856.769 $ 43,552,432 $ 53,513.542 I I TOTAL FOR ALL ACTIVE GRANTS S 180,912,698 $ 77,699,876 $ 9,532,605 $ . S 24,209,360 $ 5,707,076 $ 63,S62,0[ 93,680j Prepared by: Approved by Martin Clarke Melvin Waits / Accounting & Reporting Manager Project Director The weekly Grant Stains Reporl (GSR) package consists of three (3) reports as follows: I. Executive Summary — The execulive summary highlights ending balance totals for active grants as of the report date. The summary includes totals for available personnel, indirect and operating costs, plus the expiralion dales to obligate tlte Federal funds and draw from the US Departntent of Education’s Grants Management System. 2. GSR—VIDE (PDF format) details each grant by progrant number. This grant listing provides the cnrrent budget and actual unlotunls for personnel, indirect, and operaling costs for each project al Ihe Territory and Dislrict level. II also provides the total available budget amottnl. total available bttdget percentage, and percentage ol available operaling budget over total operating budget. 3. GSR- VIDE OPS (PDF format) details each granl by program number — Thit granl listing provides Ihe current stattts for operating emIt for each program at the Territory and Districl levels. Notes: £ The Performance Period for Project G4544 expired on 03/31/2021. The Performance Period for Project G7541 expired on 9/30/2020. E-1027A 190004 US Department of Education Washington, DC. 20202 GRANT AWARD NOTIFICATION RECIPIENT NAME AWARD INFORMATION N VIRGIN ISLANDS DEPT. OF EDUCATION PR/AWARD NUMBER H027A 190004 1834 Kongens Gade ACTION NUMBER St Thomas, VI 00802 - 6746 ACTION TYPE New AWARD TYPE Formula PROJECT STAFF PROJECT DESCRIPTION RECIPIENT STATE DIRECTOR 84.027A Renee Charleswell (340) 776-5802 STATE GRANT - B rence charIewcII avLde vi EDUCATION PROGRAM CONTACT Gregory Corr (202) 245-7309 EDUCATION PAYMENT HOTLINE G5 PAYEE HELPDESK 888-336-8930 sicaps usered,ov 5 KEY PERSONNEL N/A 6 AWARD PERIODS BUDGET PERIOD 07/01/2019 - 09/30/2020 FEDERAL FUNDING PERIOD 07/01/2019 - 09/30/2020 FUTURE BUDGET PERIODS N/A 7 AUTHORIZED FUNDING CURRENT AWARD AMOUNT $2,180,439.00 PREVIOUS CUMULATIVE AMOUNT $0.00 CUMULATIVE AMOUNT $2,180,439.00 8 ADMINISTRATIVE INFORMATION DUNS/SSN 104095310 REGULATIONS CFR PART 300 EDGAR AS APPLICABLE 2 CFR AS APPLICABLE ATTACHMENTS 1,3,8,9,I0,11,12,13,14,E-3,E4,E5 g LEGISLATIVE AND FISCAL DATA AUTHORITY: PL 108-446 PART. B INDIVIDUAL WITH DISABILITIES EDUCATION ACT PROGRAM TITLE: SPECIAL EDUCATION . GRANTS TO STATES CFDAISUBPROGRAM NO: 84.027A FUND FUNDING AWARD ORG. CODE CAFEGORY LIMITATION ACTIVITY CFDA OBJECT AMOUNT CODE YEAR YEAR CLASS 0300M 2019 2019 EH000000 B K90 000 027 4101A $2,180,439.00 1-1027A 190004 US Department of Education Washington, D.C. 20202 GRANT AWARD NOTIFICATION 10 PR/AWARD NUMBER: H027A 190004 RECIPIENT NAME: VIRGIN ISLANDS DEPT. OF EDUCATION TERMS AND CONDITIONS (I) The Office of Management and Budget requires all Federal agencies to assign a Federal Award Identifiing Number (FAIN) to each of their financial assistance awards. The PR/AWARD NUMBER identified in Block 2 is your FAIN. If subawards are permitted under this grant, and you choose to make subawards, you must document the assigned PRJ AWARD NUMBER (FAIN) identified in Block 2 of this Grant Award Notification on each subaward made under this grant. The term subaward means: 1. A legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. 2. The term does not include your procurement of property and services needed to carry out the project or program (The payments received for goods or services provided as a contractor are not Federal awards, see 2 CFR 200.501(f) of the 0MB Uniform Guidance: “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”). 3. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. (2) You are authorized, in carrying out this grant, to utilize the higher threshold set for micro-purchase and simplified acquisition thresholds for federal assistance under this grant or under a contract you award under this grant established by recent statutory changes. These statutory changes raise the threshold for micro-purchases under Federal financial assistance awards to $10,000 and raise the threshoLd for simplified acquisitions to $250,000 for recipients. These higher thresholds are not effective until implemented in the Federal Acquisition Regulations (FAR) at 48 CFR Subpart 2.1 (Definitions), which has not yet occurred. See 2 CFR 200.67 and 200.88. For FY 2018, 0MB is granting an exception allowing recipients to use the higher thresholds in advance of changes to the FAR. Please refer to Office of Management and Budget s Memorandum 18-18 regarding the statutory changes. If you have any questions about these regulations, please contact the program officer identified in Block 3 of this GAN. (3) The negotiated indirect cost rate or the indirect cost allocation plan approved for the entity identified in Block I of this GAN applies to this grant award. (4) WHEN ISSUING STATEMENTS, PRESS RELEASES, REQUESTS FOR PROPOSALS, BID SOLiCITATiONS, AND OTHER DOCUMENTS DESCRIBING THIS PROJECT OR PROGRAMS FUNDED IN WHOLE OR IN PART WITH FEDERAL MONEY, ALL GRANTEES RECEIVING FEDERAL FUNDS, INCLUDING BUT NOT LIMITED TO STATE AND LOCAL GOVERNMENTS, SHALL STATE CLEARLY: I) THE DOLLAR AMOUNT OF FEDERAL FUNDS FOR THE PROJECT, 2) THE PERCENTAGE OF TI-lB TOTAL COST OF THE PROJECT THAT WILL BE FINANCED WITH FEDERAL FUNDS, AND 3) THE PERCENTAGE AND DOLLAR AMOUNT OF THE TOTAL COST OF THE PROJECT THAT WILL BE FINANCED BY NON-GOVERNMENTAL SOURCES. AS OF 07/01/97, FEDERAL FISCAL YEAR (FFY) WILL REFER TO THE YEAR THE FUNDS WERE APPROPRIATED. (5) UNDER THE “TYDINGS AMENDMENT,” SECTION 421(b) OF THE GENERAL EDUCATION PROVISIONS ACT, 20 U.S.C. 1225(b), ANY FUNDS THAT ARE NOT OBLIGATED AT TIlE END OF THE FEDERAL FUNDING PERIOD SPECiFIED IN BLOCK 6 SHALL REMAIN AVAILABLE FOR OBLIGATION FOR AN ADDITIONAL PERIOD OF 12 MONTHS. US Department of Education F1027A190004 Washington, D.C. 20202 GRANT AWARD NOTIFICATION Signature valid Digitally signed by Yveti Th son Date: Sat Jun 29 12:45:3 2019 ‘er. 1 AUTHORIZING OFFICIAL DATE Corporate Documents xx xx xx xx xx N/A xx N/A xx N/A Business License Certificate of Liability Insurance Endorsement Page Insurance Coverage Certificate of Good Standing Certificate of Existence Corporate Resolution Trade Name Resolution Articles of Incorporation Articles of Organization Expires: October 31, 2021 Expires: October 13, 2021 Expires: October 13, 2021 Expires: December 31, 2021 Expires: June 30, 2021 Expires: N/A Dated: August 4, 2020 Expires: N/A TIlE GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF LICENSING AND CONSUMER AFFAIRS PROFESSIONAL LICENSE KNOW ALL BY THIS PRESENT 0 i’IRGIN %5 in accordance with the applicable provisions of Title 3 Chapter 16 and Title 27 VJ.C. relating to the licensing of :sses and occupations, and compliance having been iiiade with the provisions of 10 V.1.C. Sec. 41 relating to Civil Rights Act of the Virgin Islands. the following license is hereby granted. Licensee: WILSON CONSTRUCTION, INC. Trade Name: WiLSON CONSTRUCTION, INC. Mailing Address P.O. BOX 5716 CHRISTIANSTED ST. CROIX Vi 00823 Business No: 4658 Physical Address 106 TAMARIND ESTATE CHRISTIANSTED ST. CROIX Vi 00820 License No: 24658-1 B As provided by law, the authorized licensing authority shall have the power to revoke or suspend any License issued hereunder, upon finding, after notice and adequate hearing, that such revocation or suspension is in the public interest; provided, that any persons aggrieved by any such decision of this office shall be entitled to a review of the same by the Territorial Court upon appeal made within (30) days from the (late of the decision; provided, further, that all decisions of this office hereunder shall be final except upon specific findings by the Court that the same was arrived at by fraud or illegal means. 2O2Oj If a renewal is desired, the holder is responsible for making application lbr same without any notice from this office. It is the responsibility of the Licensee to notify the Department in writing within (30) days. when a license is to be cancelled or placed in inactive status. Failure to do so will result in the assessment of penalties as authorized by law. issued at St. CrolxV.I. Commissioner, Department of Licensing and Consumer Affairs THiS LICENSE MUST BE PROMINENTLY DISPLAYED AT PLACE OF BUSINESS ‘iF I’A, Types of license(s) General Conetructio Co. Valid from Printed on 1110112020 until 10131/2021 11102/2020 Fee 130.00 2c4i —I.’, ARD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaIn policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sandra Gutierrez Inter Ocean Insurance Agency, inc. Eat): 0) 773-4600 I , No): (340) 773-4190 6006 Peter’s Rest Shopping Ctr AtSS: Suite 8 INSURER(S) AFFORDING COVERAGE NAIC S C’sted, St. Croix Vi 00820 INSURER A: Underwriters at Lloyds, Certain INSURED INSURERE: Wilson Construction, Inc. INSURER C: P0 Box 5716 INSIJRERD: INSURERE: Christiansted VI 00823 INSURER F: COVERAGES CERTIFICATE NUMBER: CL21 51706180 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Vil)TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iF UDL. GER POLICY EFF POLICY EXP LTR — TYPE OF INSURANCE ‘NS[’ POLICY NUMBER (MMJDD!YYY) (MMIDDIYYYY) liMITS__________________ xl COMMERCIAL GENERAL LIABILrIY EACH OCCURRENCE $ 1,000,000 I DAMAGETORENTED 50000 CL.AIMS.MADE OCCUR PREMISES lEa occurrence) $ MED EXP (My one person) 1,000 A ,_j Y P200308/1443 10/13/2020 10/13/2021 PERSONAL&AOVINJURY $ 1,000,000 GEN’L AGGREGATE UMIT APPLIES PER GENERALAGGREGATE $ 1,000,000 POLICY E E LOC PRO0UCTS -COMPIOP AGO 5 1,000,000 j OTHER: $ AUTOMOBILE UABILITY COMENED SINGLE UMIT s ANY AUTO BODILY INJURY (Per person) $ — OWNED fl SCHEDULED BODILY INJURY (Per acddent) $ — HIRED NON-OWNED PROPERTY DAMAGE — AUTOS ONLY AUTOS ONLY (Per aoc)dentl $ — UMBRELI..ALIAB L_J OCCUR EACH OCCURRENCE $ ‘ — EXCESS UAB I CLAIMS-MADE AGGREGATE S H.. DED RETENTION $ — S — WOrd(ERS COMPENSATION PER 0TH- ANDEMPLOYERS’UABIUTY YIN STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE EL. EACH ACCIDENT S OFFICERJMEMBER EXCLUDED? NI A (Mandatory In NH) E.L DISEASE - EA EMPLOYEE S : If yes. desa,be under — DESCRIPTION OF OPERATIONS below — — EL DISEASE - POLICY UMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddItIonal Remar*s Schedule, may be attached It more apace Is requIred) RE Job IFBO33DOEC21 (C) Renovation of Special Classroom Bill at the St. Croix Educational Complex, St. Croix USVI CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF ThE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ThE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Government of the VI. Property Procurement ACCORDANCE WITh ThE POLICY PROVISIONS. 8201 Subbase, Building ND. 1 AUThORIZED REPRESENTATIVE . St. Thomas VI 00802 — DATE (MMIDD!YYYY) 05117/2021 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016103) POLICY NUMBER:B1 11 5P20030811 443 COMMERCIAL GENERAL LIABILITY CG 20260704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) 1) Government of The Virgin Islands, Department of Property and Procurement #3274 Estate Richmond, Christiansted, VI 00820-4241 2) DWH Business Services & VI Housing Finance Suite 210 Condominium Centro, Altamira, PR 00920 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in clude as an additional insured the person(s) or organ ization(s) shown in the Schedule, but only with re spect to liability for ‘bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of I D 1; II I —— - Date JANUARY 05, 2021 GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS Office ofthe Custo&an, çovernment Insurance ‘Tune qvToq’ ‘Fi\’T Certficate ofgovernment Insurance Coverage Icert[y that the employer WILSON CONSTRUCTION, INC. J-[asfife 1with the Custodian ofthe government Insurance Fund; the Emp(oyer’s R.cportto the Commissioner of‘Finance antipaulthe required premium in accordance with the provision of’E[it(e 24 Chapter 11, Section 273, ofthe )irgin Islands Code, and; accordingly is entitlec[to the rights )lnti6enefits ofthe insurance coverage esta6(ishecl6y law. EThe risk,ofthis employer is covered By policy 4028 tlieperiodfrom JANUARY 01, 2021 TO DECEMBER 31, 2021, NAME & ADDRESS OF EMPLOYER: WILSON CONSTRUCTION, INC. P0 BOX 5716 CHRISTIANSTED, VI 00823 ii ,4cnth&y [4f&tor Government Insuranc —-— ——--——--——.-— — - — —r r__----—-.- Business Entity No. 575650 Government of The United States Virgin Islands -0- Office of the Lieutenant Governor Division of Corporations & Trademarks CERTIFICATE OF GOOD STANDING To Whom These Presents Shall Come: I, the undersigned Lieutenant Governor the United States Virgin Islands, do hereby certify that WILSON CONSTRUCTION, INC. has filed in the Office of the Lieutenant Governor the requisite annual reports and statements as required by the Virgin Islands Code, and the Rules and Regulations of this Office. In addition, the aforementioned entity has paid all applicable taxes and fees to date, and has a legal existence not having been cancelled or dissolved as far as the records of my office show. Wherefore, the aforementioned entity is duly formed under the laws of the Virgin Islands of the United States, is duly authorized to transact business, and, is hereby declared to be in good standing as witnessed by my seal below. This certificate is valid through June 30th, 2021. Entity Type: Domestic Profit Corporation Entity Status: In Good Standing Registration Date: 05/02/2008 Jurisdiction: United States Virgin Islands, United States Witness my hand and the seal of the Government of the United States Virgin Islands, on this 11th clay of August, 2020. ) // ;//_ Tregenza A. Roach Lieutenant Governor United States Virgin Islands OH I () ‘N)tH Wilson Construction, Inc. No Job Too Small, No Job Too Big. Quality Building by Wilson Construction. The Team That Knows How!! P.O. Box 5716 Tel; (340) 244-4187 Sunny Isle V.1.00823 Fax: (340) 773-8160 CERTIFICATE OF RESOLUTION I, The Undersigned Lydia Wilson Secretary of Wilson Construction, Inc. a Virgin islands Construction Corporation hereby do certify to the Government of the Virgin islands, Department of Education, That the Corporation is, and all time herein relevant, was duly qualified and in good standing under the laws of the Virgin islands, and that the following resolution was duly adopted by the Board of Directors, of the Corporation the . day of 2020 August and that said actions herein described are permitted by the Incorporation and By- laws, of the Corporation, true and correct copies of which are attached hereto; RESOLVED, that the Corporation is authorized to execute and delivered a contract between the Company and the Government of the Virgin Islands under the terms of which the Company shall perform a contract for professional services and it is further RESOLVED, that Victor Wilson, President, acting singly is herby authorized and directed on behalf of the Corporation to execute and enter into contract negotiations and contracts between the Corporation and the Government of the Virgin Islands, Department of Education, for the purpose of the business transactions, and to provide any other related document which may be required by the government of the Virgin Islands, Department of Education. SignedoL 7iJ,-’ DATE: /4y2cZO Lydia Wilson Secretary J Corp No. 575650 GOVERNMENT OF ThE VIRGIN ISLANDS OF THE UNITED STATES —0— CHARLOTIE AMAL1E, ST. THOMAS, VI 00802 Business Corporation of the Virgin Islands filed in my office on May 2, 2008 as provided for by law, Articles of - -- Incorporation, duly acknowledged. WHEREFORE the persons named in said Articles, and who have signed the same, and their successors, are hereby declared to be from the late afiresaid, a Business Corporation by the name and for the purposes set forth in said Articles, with the right of succession as therein stated. Witness my hand and the seal of the Government of the Virgin Islands ofthe United States, at Charlotte Amalie, St. Thomas, this 22nd day ofMay, 2008. ) GE3Y R. FRANCIS Lieutenant Governor ofthe Virgin Islands II • (omaft€Ø) I, the undersigned, LIEUTENANT GOVERNOR, DO hereby certifies that Wilson Construction, Inc. ARTICLE OF rNCORPORATION Cow 8T6G50 Date Fileth 05i0212009 11:19 AM Grego’y R. Fmnc LIeutenGtemor Of Wilson Construction, Inc ‘I WE THE UNDERSIGNED, all being offull age, for the purpose of forming a stock Corporation, ptusuant to the provisions ofTitle XIET ofthe Virgin Islands Code, do hereby make, sign, and acknowledge the following Articles ofIncorporation. Article I The name of the corporation is Wilson Construction, Inc. Article U The corporation is organized for the purpose ofengaging in any lawful activity, within or without the United States Virgin Islands. Article 111 The total authorized capital of the Corporation shall consist of one thousand (1000) shares of no par value. There shall be one class of common stock. Article IV Express Authorization is hereby given pursuant to Section 2 (a) of Title 12 ofthe Virgin Islands Code, to fix by resolution any other classes of stock that may be in the future desirable, provided same arc permitted by the provisions of Section 91 ofTitle 13 of the Virgin Islands Code Article V The Corporation shall commence business with a paid capital of one thousand dollars ($1,000.00). Territory of the U.S. Virgin Islands Creation - Coipoiation - DomestIc 8 Page(s) I ofl Article VI Principal office ofthe Corporation will be at 106 Tamarind Estate, Chriatiansted, St. Croix USVI 00820 The Corporation’s registered agent shall be Cleave Wilson whose physical ad&ess is lO6TamarindEstate,Christiansted, St Croix OO820andwhosemflhagaddreSSiSP. 0. Box 5716, Chistiansted, St. Croix USVI 00823 Article VII The dstcnce ofthe Corporation shall be perpetual. The corporation will commence business upon approval ofthe Article ofIneorporation. ArticleVifi The Corporation will be managed by a Board ofDirectors comprised ofnot lessthan three individuals who shall be elected azmnali for one year atthe aImnI meeting of stock holders, arcept that the initial Board ofDirectors is authorized to adopt by laws for the govuanent and administration ofthe Corporation and from time to time amend, alter or repeal said by- laws by resolution adopted with the affirmative vote ofa majority ofthe Board, without prejudice, however, to the right conferred bylaw on the stock holders to amend at any regularmeeting or special meetings any by-law so adopted or amended. A majority ofqulifled and acting directors shall constitute a quorum for the conduct ofthe business ofthe Corporation. Meeting ofthe Board ofDirectors and shareholders may be held outside ofthe Virgin Islands. 2of7 Wikon slwctio, Inc. Adcofhicoipomton Article IX The names and residences and mailing addresses of the incorporators are as follows: (1) Vic’nr Wilson 106 Tamarind Estate P.O. Box 5716, Christiansted St. Croix VI 00823 (2) Lydia Wilson 106 Tamarind Estale P.O. Box 5716 Christiansted St. Croix V.1.00823 (3) Cleave Wilson 106 Tamarind Estate P.O .Box 5716, Christiansted St. Croix 00823 Article X In furtherance and not in limitation of the powers conferred by the laws ofthe United States Virgin Islands upon corporations organized for the foregoing purposes, the Corporation shall have power to borrow money, to purchase, contract, lease or otherwise acquire1 own, hold, use, maintain, operate or otherwise dispose of, property ofany kind or character, real, personal or mixed, tangible or intangible, necessary, useful or convenient therefore, and to acquire, hold, mortgage, pledge or dispose ofshares, bonds and other evidences ofindebtedness and securities ofthe United States ofAmerica or any state, territory and municipality therein or any domestic or foreign corporation. 3 of7 Wfo Co action. Inc. ArUc1otInvoipontIon Article XI The Board ofDirectors is expressly authorized, in addition to general powers conferred by law: A. To fix, determine and vary, frjnL time to time, the amount to be maintained as surplus and the amount or amounts to be set aside as working capital. B. To authorize the issuance ofshares ofstock for money or money’s worth, upon receipt ofpayment therefore; C. To declare dividends out ofthe surplus profits ofthe Corporation at their discretion. D. Anything to the contrary herein notwithstanding, the Board ofDirectors shall have the right to issue additional shares ofstock for the purposes ofpledging the same as security for any corporate obligation B. To authorize the payment ofcompensation to the Directors for service to the Corporation. 4of7 Wft Constmctlon, Iris Article of(ncopoieion Article XII A Director ofthe Corporation shall not be disqualified by his office from dealing or contracting with the Corporation, either as a vendor, purchaser or otherwise, nor shall any transaction or contract ofthe Corporation be void or voidable by reason ofthe thct that any director or any firm ofwhich any Director is a member or any corporation of which any Director is a shareholder, officer or director, is in any way interested in such transaction or contract, provided that such transaction or contract is or shall be authorized, ratified or approved either (1) by a vote of majority ofa quorum any director so interested or member ofa firm so interested or (2) by written consent ofthe holders of record ofa majority ofthe stock of the Corporation represented at any meeting at which a quorum is present nor shall any Director be liable to account to the Corporation for any profits realized by or from or through any such transaction or contract ofthe Corporation authorized, ratified or approved as aforesaid by reason of fact that he, or any firm of which he is a member or any corporation ofwhich he is a shareholder, officer or director was interested in such transaction or contract. Nothing herein contained shall create liability in the events above described or prevent the authorization, ratification or approval ofsuch transactions or contra in any other manner permitted by law. Any contract, transaction or act ofthe Corporation or of the Board ofDirectors which shall be ratified by a quorum ofthe stock holders entitled to vote at any annual meeting or at any special meeting called for this purpose, shall be valid and binding as though ratified by every stock holder ofthe corporation, provided, however, that any failure of the stock holders of the Corporation to approve or mtil such contract, transaction or act, when and if submitted, shall not be deemed in any way to invalidate the same or to deprive the Corporation, its Directors or Officers oftheir right to proceed with such contract, transaction or action. The Directors and Officers ofthe Corporation shall be fully protected and indemnified against any personal liability to others that may arise by reason ofany oftheir actions taken in good 1ith on behalf or for the benefit ofthe Corporation or any ofits predecessors. S of 7 eCowctb. Eic Aecfpot*don Article XIII In the event ofthe issuance ofany new or additional shares ofstock ofthe Corporation, the stock holders ofthe corporation immediatelyprior to the issuance shall have the preemptive right to acquire all ofsuch new stock or additional shares in the proportion of their ownership ofall ofthe issued and outstanding stock in the Corporation at that time The stock holders shall have thirty (30) days after the announcement ofsuch ofibring of new stock within which to exercise the said preemptive rights to purchase. IN WiTNESS WHEREOF we have hereunto sub bed ou names and affixed our signatures and seal this / day of 200S ,/jc.i_ Victor Wilson Jq /LLJ4r Lyda Wilson C&’ Z4#ii Cleave Wilson 6of7 Jep, Inc. AticIeofImcapaEiOfl ACKNOWLEDGEMENT TERRITORY OF THE VIRGIN ISLANDS) DISTRICT OF ST. CROIX ) SS On this L’dayof 2OO, before me personally come arid appeared C1(M )tT’ c..\if A3 ,and ‘- 1 C, to me known and known to me to be the individuals named in and who executed the foregoing Articles ifIncorporation and who duly acknowledged to me that they executed tle same for the purposes therein contained. IN WiTNESS WHEREOF, I have hereunto set my hand and official seal NOTARY PUBLIC iN WITNESS WHEREOF I have hereunto subscribed my name and aff this day of At 200& My U1$tV)b 7 of 7 CONSENT OF AGENT FOR SERVICE OF PROCESS 0 This writing witness that the undersigned . . .CLEAVE WON. (Type pfint e5ents came) have been designated by the Wilson Construction, Inc. (Name oTCopocac) As agent ofthe same company upon whom service ofprocess may be in all suites arising against the said company in the Courts ofthe Virgin Islands, do hereby consent to act as such agent, and that services ofprocess may be made upon me in accordance with Title 13 ofthe Virgin islands Code. IN WIThESS WHEREOF, I have hereunto set my signature this. day ‘ d2’ (SigcatureofAcnt) Subscribed and sworn before me this .. day of. 2OO CkLJ?. c;L (Notary Public) HEATHER C. LEWiS Notary PIC NP-1700? My Gonms 1 August29.2011 ,‘. ,IQV.I. 4reate Individual Account Account Confirmation SAM Confirmation SatApr24 16:11:23 EDT 2021 You have successfully created your SAM account. There is no further action required. You will receive a confirmation email with your username. Select Done to return to the SAM homepage.