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GOVERNMENT OF THE VIRGIN ISLANDS TASK ORDER CONTRACT Emergency Territorial and Federal Routes Debris Removal on the island of St. Croix, U.S. Virgin Islands aw This Agreement made this | day of Mini , 20! 4 , in the Territory of the United States Virgin Islands by and between the Government of the Virgin Islands Department of Property and Procurement, on behalf of Department of Public Works (hereinafter referred to as “Government”) and GEC, LLC, whose address is P.O. Box 1656, Kingshill, St. Croix, VI 00851 (hereinafter referred to as “Contractor”), WITNESSETH: WHEREAS, the Government needs a contractor to Emergency Territorial and Federal Routes Debris Removal on the island of St. Croix, USVI; and WHEREAS, the Contractor was selected in accordance with RFP-011-C-2019 (P); and WHEREAS, the Contractor represents that it is willing and capable of providing the services in an expeditious manner and in accordance with the specifications cited in Addendum I and II; it is mutually agreed between the Parties as follows: Section I. That for and in consideration of the prices and other terms and conditions of this Contract, the Contractor agrees to provide Emergency Territorial and Federal Routes Debris Removal on the island of St. Croix, U.S. Virgin Islands to the Government. The Contractor shall furnish all necessary supplies to provide the services outlined in Addendum I (Scope of Services), attached hereto and made a part of this Agreement. Section II]. The Government in consideration of the satisfactory performance of the services described in Addendum I, agrees to pay Contractor in accordance with invoices submitted and approved by the Department of Public Works as set forth in Addendum II (Compensation) attached hereto and made a part of this Agreement. Section II. This Contract shall commence on June 1, 2019 and shall terminate on May 31, 2020 unless mutually extended or terminated by the Parties. No alterations or variations of the terms of the proposal shall be valid or binding upon the Government unless made in writing and approved by the Government. Section IV. The Contractor agrees to provide the services outlined in Addendum I (Scope of Services) in accordance with the terms and conditions outlined in Addendum III (General Provisions), both attached hereto and made a part of this Agreement. Section V. This Contract shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. S25CDPWC19(GEC) 1 Contractor’s Initials: Section VI. This Contract shall be subject to the availability and appropriation of funds. The Contractor shall only perform services when directed by the Commissioner of Public Works or authorized representative. Section VII. This Contract constitutes the entire agreement between the parties hereto, and all prior understandings or communications, written or oral, with respect to the Service, which is the subject matter of this Contract, are merged herein. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. This Contract is executed in an original, in the year and day mentioned in the first paragraph. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS bet iy cyd-—___ Commissioner Designee U Department of Property and Procurement yO Date: 5] 3\ | (m elso aaa Jr., P.E. issioner edie Department of Public Works ( G9 .? is R. Wasedl, Managing Member Aad? (Corporate seal, if Contractor is a corporation) S25CDPWC19(GEC) 2 Contractor’s Initials: } / SCOPE OF WORK GENERAL the purpose of this. contract is to provide debris cleaning and removal response assistance to the territory of the United States Virgin Islands, which have been declared a disaster area by the Governor of thie United States Virgin Islands: 2. SERVICES oe The Contractor shall provide ali labor and materials necessary to fully operate and maintain (including fuel, oil, grease and repair) all equipment. All contract bid terms must include the cost of laborers, operators, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with the equipment and personnel. The Contractor shall separate storm related debris into. three possible classifications (biodegradable, non-biodegradable and metal debris), load and remove separated debris from.the territorial and federal route. system right-of-way (ROW) to.a debris dumpsite(s) at Estate Body Slob on the island of St. Croix or the grounds adjacent to the National Guard Armory and Eudora. Kean High School at Estate Nazareth on the island of St. Thomas, (and/or an alternate site as approved by the Department:of Public Works Program. Manager). The Department of Public Works (DPW) Program Manager will designate work sites throughout the island by sector or by: roadway sections. Debris will be collected using DPW approved dump: trucks or roll-on/roll-off buns which will be sized and labelled. appropriately for the purpose of tracking by inspectors throughout the duration of the eperation. NOTE: All mileage is approximations based on the US Virgin Islands official road map. The work shall consist of cleaning and removing any and all “eligible” debris (see section 4 for a definition of eligible debris) from territorial and federal roads,.ROW of streets and roads. as directed by tlie Public Works Program Manager. For the purposes of this contract, the ROW is defined as the retaining wall, whichever is less. Work will include 1) examining debris to determine. whether or not debris is eligible; 2) separating debris into three possible categories- biodegradable, non-biodegradable, and metal debris; 3) loading separated debris; 4) hauling debris to an approved dumpsite; and 5) dumping the debris at the dumpsite.. Ineligible debris, (i.e. hazardous toxic material) will not be loaded, hauled, or dumped under this contract, however, Contractor must immediately notify the Program Manager when hazardous or toxic waste is found in his sector. Debris removal shall include all eligible debris found on the ROW within the area designated by the Program Manager. The Program Manager may specify any eligible debris within the ROW which should not be removed, or which should be removed:at a later time. The Contractor shall make as. many passes through the designated area as required by the Program Manager. The Contractor must. receive permission from the. Department of Public Works. Program Manager before commencing a subsequent pass. The Contractor shall not move from one designated work S2SCDPWC19GEC) 3 Contractor’s Initials: area to another designated work area without prior approval from the Program Manager. Any eligible debris, such as fallen trees, which extends onto. the ROW from private property shall be cut to the point where it enters ROW, and that part of the debris which lies within the ROW shall be removed. The Contractor shall not enter onto: private property during the ‘performance of this contract. All work shall be.performed in-compliance with the US Department of Transportation Manual on Uniform Traffic Controls for Streets and Highways, Part VI (Standards and Guides for Traffic Control for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations) (MUTCD), and in accordance with the Virgin Islands OSHA. Safety Standards. The Contractor shall ensure that-all Contractor personnel are capable of understanding safety concerns expressed in.part VI of MUTCD directly or through an interpreter. All equipment.used under this contract must be in compliance with all federal and local rules and regulations. The Contractor must present his. equipment for inspection prior to its use by the Contractor. The Contractor shall conduct its operations so-as not to interfere with the disaster response and recovery activities of federal and local governments or agencies, or of any public utilities. All work shall be accomplished in a safe manner.. 3. LOAD TICKETS The Contractor is responsible for providing numbered multi-party (an original and three copies) load tickets, which will be used for recording volumes of debris removal. Load TICKETS WILL BE SUBMITTED BY THE Contractor. to a Collection Monitor prior to departure from the. designated debris removal work area. Each load ticket will contain the following information: > Unique ticket number Contractor name and telephone. number Date Space for the Collection Monitor to record: departure titne Debris collection site-territorial:and federal route number and estate number Space for the Collection Monitor to record his name. Space-for the Disposal Monitor to record arrival time Space for the. Disposal Monitor.to record his name. Debris classification Haul load in cubic yards -Truck’s tag number and driver’s signature ASS Domo S$25CDPWC19(GEC) 4 Contractor’s Initials: Sample Debris Removal Load Tickets: ‘Hurricane: Debris Removal Program—Island of Ticket Number: Date: Contractor: Telephone Number: Debris Collection Site: Estate name: Departure time: Federal Route#: or Local Road Name: Debris Disposal Site: Arrival time: Disposal Monitor Name: Debris Classification: { }Biodegradable { }Non-Biodegradable {}Metal { }Other: Load Haul: cubic. yards Vehicle Tag Number: Driver’s Signature: The Multi-part load ticket must be filled out by Contractor and given to the Collection Monitor ‘prior to the departure from the loading site. The Collection Monitor will verify ticket information including debris collection site, time and truckload; and return multi-part ticket to the vehicle operator. Upon arrival at the debris dumpsite, the vehicle operator will give the multi-part ticket ‘to the Disposal Monitor at the debris dumpsite.. The Disposal Monitor will validate the ticket, note arrival time, retain the original ticket and one copy and give the balance of the multi-part ticket to driver for the Contractor’s records, . S2SCDPWC19(GEC) 5 Contractor’s Initials: //\~ 4. DEBRIS CLASSIFICATION Eligible Debris. Debris that is within the scope of this contract. falls under three possible classifications Biodegradable, Non-Biodegradable and Metal. Debris that is classified Hazardous or Toxic 1s not to. be transported by this contract.. Biodegradable Debris. Biodegradable debris includes all biodegradable matter except that. included in the following definitions of other categories of debris. It includes, but is not limited to, damaged and disturbed trees; bushes and shrubs; broken, partially broken arid severed tree limbs; untreated structural timber; untreated wood products; and brush. Non-Biodegradable Debris. Non-Biodegradable debris includes, but is not limited to, treated timber; plastic; glass; rubber products; sheet rock; cloth items; non-wood building materials; uncontaminated soil carpeting. Metal Debris. Metal debris includes, but is not limited to, metal products. (i.e. Mobile Trailer parts, Household appliances. (White Metal), and similar items); and roofing materials. Hazardous Toxic Waste (HTW). Hazardous. or toxic materials or waste such as petroleum products, paint products, asbestos, electrical. transformers, and known or suspected. hazardous materials shall be removed by othets. Coordination for hazardous. debris removal is the responsibility of the Government. 5. DUMPSITES The Contractor shall use only debris dumpsite(s) designated by the Department of Public Works. Program Manager. The dumpsite operator shall direct all dumping operations. The Contractor shall cooperate with the dumpsite operator to facilitate effective dumping operations. The Government makes no representations regarding the turn-around time at the dumpsites. Contracts are to abide by the working schedule of the dumpsite operator. Only debris delivered. to the DPW. approved dump site will be considered for compensation through this contract. 6. PERFORMANCE SCHEDULE . The Contractor shall commence mobilization immediately upon notification and designation of work areas by the Program Manager. The Contractor must commence debris removal operations. within twelve (12) hours of contact-notification. The Contractor shall. ‘work during daylight hours for twelve (12) hours per day every day until designated work areas are cleared. The Contractor must, with the Program Manager’s direction, provide a work plan showing where operations will begin and which public grounds or streets/roads will be cleared on a 3,6,9 day projection. The plan will be updated every three days.. Maximum allowable time for: completion will be ninety (90). calendar days, unless the Government initiates additions or deletions to the contract by written change orders. Subsequent changes in completion time. will be equitably negotiated by both parties pursuant to-applicable territorial and federal law. Liquidated damages shall be assessed at $200.00 per calendar day for any time over the maximum allowable time-established by the contract. S25CDPWC19(GEC) 6 Contractor’s Initials: 7. EQUIPMENT All trucks: and other equipment must be m compliance with all applicable federal and local rules and regulations. Any truck used to haul debris must be equipped with a cover and a tailgate. that willeffectively’ contain the debris transport and permiit the truck to be filled to capacity. The Department of Public Works Program Manager must:measure all trucks for the load capacity. All trucks operating under this contract must mount a sign measuring 2 feet x 2 feet on the driver’s side containing the. Contractor’s name, subcontractor’s name (if applicable) and the load capacity ‘in cubic yards as determined by the Program Manger. Sideboards or other extensions to the bed are. allowable provided they meet all applicable rules and regulations, cover the front and both sides, and are constructed in a manner. to withstand severe operating conditions. The sideboards are to be constructed of 2” by 6” boards or greater and not to extend more. than two feet above the metal bedsides. All extensions are subject to acceptance or rejection by the Program: Manager. Trailers towed by trucks are not permitted under this-contract. The maximum. load capacity for a pickup truck with sideboards is five (5) cubic yards. The Contractor must present all equipment for inspection by the Program Manager prior to use, for the purpose of determining hauling capacity. The hauling capacity will be based-on the interior dimensions of the truck’s metal dump bed. Trucks or equipment, which are designated for use under this contract, shall not be used for any other work during the working hours of this contract. The Contractor shall not solicit work from private citizens. or others to. be performed in the designated work area during the period of this contract. Under no circumstances will the Contractor mix debris hauled for others. with debris hauled under this contract, Equipment used under this. contract shall be rubber tired and ‘sized properly to fit loading conditions. Excessive size equipment and non-rubber tired equipment must be approved by the Program. Manager prior to its use. 8. BARGING (NOT APPLICABLE TO. THE ISLAND OF ST. CROIX) The Contractor shall be responsible for transporting covered truck loads or containers. of separated debris from the islands of St. John, Water Island, and Hassel Island to the-designated debris site(s) identified by the Program Manager on the island of St. Thomas. All STEP Debris removal barging costs are eligible for reimbursement for up to $350 per roundtrip services. All barging receipts must be submitted along with the invoices and the associated load tickets to document eligibility. Barging receipts must be directly from the barging company and display actual cost, date. and: time of service, vehicle license plate number. 9. REPORTING The Contractor shall submit a Weekly Report to the Program Manager during the term of the contract. Each report shall contain a minimum of the following information: Contractor’s name, telephone number and fax number Location of work assignment area(s) Daily and cumulative hours personnel worked, by position Number and type of each piece of equipment, including vehicle tag numbers and load capacity and whether equipment belongs to contractor or subcontractor Daily and cumulative operational belongs to contractor or subcontractor Daily and cumulative totals (in cubic yards) or debris.removed, by category S25CDPWC19(GEC) 7 Contractor’s Initials: Ye mt on OOM pe G. Estimated number of miles cleared H.. Load tickets for'the respective period I. Cubic yard capacity of each piece of heavy equipment identified by vehicle tag number. 10. OTHER CONSIDERATIONS The Contractor shall supervise and. direct the work, using skillful labor and proper equipment for all tasks. Safety and the Contractor’s personnel, equipment and the adjacent. area are the responsibility of the Contractor. Additionally, the Contractor shall pay forall materials, personnel, taxes and fees (including barging) necessary to perform under the’ terms of this contract. The. Contractor must be duly licensed in accordance. with the territory’s statutory requirements. to perform the work. The Contractor shall obtain all permits necessary to complete the work: The Contractor shall be responsible for what. permits are necessary to perform under this contract. Copies of all permits: shall be submitted to the Program Manager. All STEP Debris removal barging. costs are eligible for reimbursement. All barging receipts must be submitted along with the invoices and the associated load tickets to document eligibility. The Contractor shall be responsible for taking correction action in response to any notices of violations issued as a result of the Contractor’s or any subcontractors’ actions or operations during the performance of this contract. Corrections for any such violations shall be at-no. additional cost ‘to the Government. . The Contractor shall be responsible for the control of pedestrian and vehicular traffic in the work area. The Contractor shall provide all flag persons, signs, equiprnent, and other devices necessary to meet federal:and local requirements. At.a minimum, one flag person should be posted at each approach to the work area near the roadways. Work shall be accomplished in a.safe manner. 11. MEASUREMENT Measurement for separated ‘eligible debris loaded and. transported to the dumpsite(s) will be by the cubic yard as predetermined through truck bed measurement. Trucks with less than a full load capacities will be. adjusted down ‘by visual inspection by the Monitor. Measurement will be documented by load tickets and verified by the Monitor. 12. PAYMENT Payment for the removal and transportation of separated eligible. debris to the approved debris dumpsite(s) will be paid for under the contract bid item for eligible debris certified by the Governor and approved by the Department of Public Works Program Manager. The total. amount of debris to be removed under this contract will be determined in cubic yards collected and documented by load tickets and verified by actual measurement of the debris at the debris site. Contractor is instructed to submit monthly detailed invoices that must include, but‘is not limited to, the contract number; the amount to. be paid to the Contractor; the period for which services were rendered; the dates worked; the area worked, and Operational Report covering the contract period. $25CDPWC19(GEC) 8 Contractor’s Initials ADDENDUM II (GENERAL PROVISIONS) * Federally Funded/Declared Disaster 1. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees .as follows: (1) The Contractor will not discriminate against any employee: or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to-ensure that applicants are employed, and that. during employment, employees are treated without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer: recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for: employees placed by oron behalf of the Contractor, state that all qualified applicants will receive. considerations for employment without regard to race, color, religion, sex, 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 Jabor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5). The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,.and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit. access to his. books, records, and accounts by the administering agency and the Secretary of Labor for purposes of. investigation to: ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract:may be canceled, terminated, or suspended in whole or in part. and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures: authorized in Executive Order 11246 of September 24, 1965, and such other. sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24; 1965, or by rule, regulation, or order of the Secretary of Labor; or as otherwise. provided by law. S25CDPWC19%GEC) 10 Contractor’s Initials: (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order 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 (1) 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 i 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 tlie clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible: therefor shall be liable for ‘the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States: (in the case-of work done under contract for the District of Columbia or a 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 Hours and Safety Standards Act, which is held by the same prime contractor, such sums as-may be:determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses. set forth in paragraph (1) through (4) of this section and also a clause requiring: the subcontractors to include these. clauses:in any lower tier subcontracts. The prime contractor S25CDPWC19(GEC) 11 Contractor’s Initials: shall be responsible for compliance:-by any subconitractor.or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 3. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act. (1) The contractor agrees to. comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 e¢ 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 tothe 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. . . | (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees:to report each violation to. the DPNR and understands and agrees that the DPNR. will, in 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 (1) 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. E.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 thecontractor 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 remédies, including but not limited to suspension and/or debarment. ‘S25CDPWC19(GEC) 12 Contractor’s Initials: (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 that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 5. BYRD ANTI-LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Government. 6. PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-progr am. 7. LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by Contractor as servants, agents, independent contractors, or in any other capacity whatsoever, or make the Government liable to any such persons, firms, associations or corporations for the acts, omissions, responsibilities, obligations and all local and federal taxes of Contractor, including but not limited to unemployment insurance, income taxes, gross receipt taxes and social security taxes for Contractor, its servants, agents or independent contractors. S25CDPWC19(GEC) 13 Contractor’s Initials: 8. ACCESS TO RECORDS The following access to records requirements applies to this contract: (1) The Contractor agrees to provide the-Govemment, the Federal Emergency Management Agency Administrator, the Comptroller General of the United States, or any of their. authorized. representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions, (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the Federal Emergency Management Agency. Administrator or his/her:authorized representatives access to construction of other work sites pertaining to the work being completed under the contract 9. DEPARTMENT OF HOMELAND SECURITY TERMS & CONDITIONS The Contractor shall. not.use the: Department of Homeland Security seal(s), logos, crests, or reproductions of flags or likenesses of Department of Homeland Security agency officials without specific Federal Emergency Management pre- approval. Federal Emergency Management Agency financial. assistance will be used to fund the contract. only. The Contractor wilt comply will all applicable federal law, regulations, executive orders, Federal. Emergency Management Agency policies, procedures, and directives. The Federal Government is not a party to this. contract and is not subject to.any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False-Claims and Statements) applies to the contractor’s actions pertaining to this contract. 10. ASSIGNMENT AND SUBCONTRACTING The Contractor shail not subcontract or assign any part of the services.under this Agreement without the prior written approval. of the Government. The Contractor shall not subcontract any portion of this Contract unless said subcontracting was included in Contractot’s proposal and accepted by the Government. Contractor shall execute written contracts with its subcontractors and incorporate all terms and conditions hereunder in said subcontracts. The Contractor shall be solely responsible for paying each Subcontractor for services, equipment, material or supplies in said, subcontracts. 11. INDEMNIFICATION Contractor ‘agrees to indemnify, defend, and hold harmless the Government from and against any and all loss, damage, liability, claims, demands, deétriments, cost, charges and expenses (including attorney’s fees) and causes of action of whatsoever character which the Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to S25CDPWC19(GEC) 14 Contractor’s Initials: be performed by Contractor under this Contract.and arising from any cause, except the sole negligence of Government. 12. TERMINATION The Government shall have the right to terminate this Contract for cause or for convenience on ten (10) days written notice to the other party specifying the date of termination. The performance of work under this contract _may be terminated by the Government in part, whenever. the.Government ‘shall deem such termination advisable. This partial termination shall be effected by delivering to the Contractor a Notice.of Partial Termination specifying the extent to which the term and/or duties under this contract are terminated and the date upon which such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the ten. (10) day notice. 13. NOTICE Any notice required to be given by the terms of this. Contract shall be deemed to have been given when the same is. sent by certified mail, postage prepaid or personally delivered, addressed to the parties.as follows: GOVERNMENT: Anthony D. Thomas Commissioner Designee. Department of Property and Procurement 3274 Estate Richmond St. Croix, Virgin Islands 00820 Nelson M. Petty ‘Commissioner Designee. Department of Public Works No. 8 Sub Base ‘St. Thomas, Virgin Islands 00802 CONTRACTOR John R. Wessel Managing Member GEC, LLC P.O. Box 1656 Kingshill, St. Croix, USVI -00851 14. REMEDIES. If work under-this Contract is not performed in accordance with the terms hereof, and in any and all other instances: where Contractor violates or breaches a term or provision of this Contract, the Government shall possess the remedy right to withhold out of any payment due to Contractor, such sums as the Government may deem ample.to protect it.against loss or to assure payment of claims arising there from, and, at its-option, the Government may apply such. S25CDPWC19(GEC) 15 Contractor’s Initials: sums in such manner as the Government may deem. proper to secure itself or to satisfy such claims. The Government will immediately notify the Contractor in writing in the event that it élects to exercise its right to withhold. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK S25CDPWC19(GEC} 16 Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned GEC, LLC, certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered. Submission of this certification is a prerequisite for making or entering this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, GEC, LLC.., certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C 4 3801 et seq., apply to this certification and disclosure, if any. eae tractor’s wi, Official hh Wak Mite ng Mw /Name and Title of Contradtor’ s Authotized/Official 69 cil Date S25CDPWC19(GEC) 17 Contractor’s Initials: