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Bradford E. Marshall Jr | St. Croix and is responsible for accomplishing the work with the assistance of one d/b/a Mars Construction | or more managers/engineers, or technicians on complex highways or other Consultants transportation-related design projects (s). Considerable judgment must be exercised 6-H Little Princess Hill | in administering the contract to meet design criteria established to include but are P.O. Box $22 not limited to various types of grading, drainage, pavement rehabilitation, and St. Croix VI. 00821 Structures where conventional designs are used. Utilizes professional knowledge in Li) EXERCISE OF RENEWAL OPTION GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS DEPARTMENT OF PROPERTY & PROCUREMENT CONTRACT NO. P041DPWC19 DATED: September 20, 2019 EXERCISE OF RENEWAL OPTION Contractor Description of Scope of Work/Services | Program Manager The incumbent for this position will serve as a Program Manager for the District of the application of DPW and FHWA highway engineering principles, practices, policies, and standards along with design contract administration, surveillance and inspection procedures, practices, precedents, and policies in accomplishing the work, with all personnel connected with The Department of Public Works Office of Highway Engineering. Pursuant to the renewal option provision of Contract No.P041DPWCI19, and subject to the appropriation and allotment of necessary funds, notice is hereby given that the Government of the U.S. Virgin Islands, Department of Public Works exercises its option to renew and does hereby renew the aforementioned contract for the period September |, 2022, to August 31, 2023, at the stipulated cost “for Year 3 therein"(See enclosed) All the terms, covenants, and conditions of the contract affected shall continue in full force and effect. A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. Please acknowledge receipt and acceptance hereby signing and returning to: The Department of Property and Procurement Bldg.#1, Subbase, Third 3™ Floor. Thomas US Virgin Islands 00802 ACKNOWLEDGMENT & ACCEPTANCE: OVERNMENT OF THE VIRGIN ISLANDS Bradford E. oan Ir. d/b/a rek Gabriel, Commissioner Mars o cami yr ES 22 Department of Public Works DATE g BI 7ote— dD. DATE: 9/6/2022 anthony omas, Commissioner Department of Property & Procurement Renewal No.: P158DPWT22 . CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this_} al day of Sue Ve mhas 20.19, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Property and Procurement, on behalf of the Department of Public Works (hereinafter referred to as "Government") and Bradford 8. Marshall Jr., d/b/a Mars Construction Consultants (hereinafter referred to as “Contractar’y, WEFNESSETH: WHEREAS, the Government is in need of the services of a Contractor to provide Program Management Assistance in.the administration of The Federal-aid Highway Program which duties and responsibilities are more particularly described in Addendum | (Scope of Services) attached hereto; and WHEREAS, the Contractot was selected jn accordance with 31 V.LC. § 239(a) (4) contractual services may be procured without observing the provisions of 3| §V.LC. 236 provided that the contract is far professional services and the services are procured by competitive negotiation, wherever practicable; and WHEREAS, the Contractor represents that it is willing and capable of providing such services; and NOW, THEREFORE. in consideration of the mutual covenants herein ‘contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. SERVICES The Contractor will provide the services described in Addendum | (Scane of Services) attached hereto and made a part of this contract. 2. TERM Upon execution of this Contract by the Commissioner of the Department of Property and Procurement the Contract shall be effective fora Term beginning from September 1, 2019 to August 31, 2022. The Government in its sole discretion, shall have the option to renew this Contract for a period of one additional year Subject to the same terms noted herein, by providing the Contractor with sixty (60) days written notice of the Government's election to renew. 3. COMPENSATION The Government, in consideration of the satisfactory performance of the services described in Addendum | (Scope of Services), agrees to. pay Contractor the sum of Three Hundred Forty- Four Thousand Six Hundred Seventy-Two Dollars and No Cents ($344,672.00) in accordance with the provisions set forth in Addendum f] (Compensation) attached hereto and made a part of this contract. t Pp 0 4 1 D P 4 C ] 9 | Contractor's Initials: “Pp MT Contract No, 4. TRAVEL EXPENSES Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay documented transportation. subsistence, lodging and other travel expenses. while in travel status, for trips which have been authorized in writing, in advance, by the Government. These costs shall be advanced or reimbursed on the same basis as is applicable to non-contract employees of the Government, or as agreed to by an addendum to this Contract, however, said costs and expenses shall not exceed Ten Thousand Dollars and No Cents ($10,000.00). 5. RECORDS The Contractor when applicable. 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 consultants doing business in the United States Virgin Islands. 7, DOCUMENTS, PRINTOUTS, ETC. 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 shail be turned over to it at the termination of this 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 the Government to persons. firms, associations, or corporations engaged by Contractor as servants, agents, or independent contractors. or in any other capacity whatsoever, or make Government liable to any such persons, firms, associations, or corporations for the acts, omissions, liabilities, 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 consent of the Government. 10. INDEMNIFICATION to P0 41 D PW c ] o Contractor's Initials: “BT _ Contract No. Contractor agrees to indemnify. defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney's fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to. arising out of or in any way connected to the services to be performed by Contractor under this Contract and arising from any cause, except the sole negligence of Government. 11. INDEPENDENT CONTRACTOR The Contactor shall perform this Contract as an independent contractor and nothing herein contained shall, be construed to be inconsistent with this relationship or status. 12. GOVERNING LAW This Contract shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term, condition, or provision of this 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 instance or 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 1o the subject matter addressed in this Agreement. This agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this agreement, whether written or oral. 15. RIGHT TO WITHHOLD If work under this Contract is not performed in accordance with the terms hereof, Government will have the right to withhold out of any payment due to Contractor, such sums as Government may deem ample to protect it against loss or to assure. payment of claims arising therefrom, and, at its option, Government may apply such sums in such manner as Government may deem proper to secure itself or to satisfy such claims. Government. will immediately notify the Contractor in writing in the event that it elects to exercise its right to withhold. oe] P 0 4 1 D PW C 1 9 Contractor's {nitials; “Pana Contract No. No such withholding or application shall be made by Governnsent if and while Contractor gives satisfactory assurance to Government that such claims will be paid by Contractor or its insurance carrier, if applicable in the event that such contest is not successful. 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 Either party will have the right to terminate this Contract with or without cause on Thirty Davs (30) days written notice to the other party specifying the date of termination. 18. PARTIAL TERMINATION The performance of work under this Contract may be terminated by the Government, in part, whenever the Gavernment shall deem such termination advisable by providing Thirty Days (30) 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 Thirty Days (30) day notice. 19. NON-DISCRIMINATION No person shall be excluded from participating in, be denied thie proceeds of or be subject to discrimination in the performance of this Contract on account of race. creed, calor. sex, religion, disability or national ovigin. 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 be performed under this Contract. (6) Contractor further covenants that itis: (1) not a territorial officer or employee (i.e., the Governor, Lieutenant Governor, ‘member of the Legislature, or any other elected territorial official: or an officer ot employee. of the legislative, executive or judicial branch of the Government or any agency, board, commission or independent instrumentality of the Government, whether compensated ona salary, fee or contractual basis); or (2) _a territorial officer or employee and, as such, has: pOAIDPHCIS ; Contractor's Initials: By (ime Contract No. (i) (ii) (iii) 21. EFFECTIVE DATE familiarized itself with the provisions of Title 3, Chapter 37 of the Virgin Islands Code, pertaining to. conflicts of interest, including the penalties provision set forth in section 1108 thereof: not made, negotiated or influenced this Contract, in its official capacity; no financial interest in the Contract as that tenn is defined in section 1101(1) of said Code chapter, The effective date of this Contract shall be the day of execution of the Contract 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 be deemed to have been given when the same is sent by certifiéd mail, postage prepaid or personally delivered, addressed to the parties as follows: 23. LICENSURE The Contractor covenants that it has: GOVERNMENT Anthony D. Thomas Commissioner Department of Property and Procurement 8201 Subbase, Suite 4 St. Thomas Virgin Istands 00802 NelJson M. Petty Jr, Commissioner Department of Public Works 8244 Subbase St. Thomas Virgin Islands 00802 CONTRACTOR Mr. Bradford E. Marshall Jr. d/b/a Mars Construction Consultants 6-H Little Princesse Hill, PO Box 822 St. Croix, USVI 00821-8322 (a) _ obtained all of the applicable licenses or permits, permanent, tem porary 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. > Contract. No P 0 41 D P W C | 9 Contractor's tnitials: ea7— 24, OTHER PROVISIONS Addenda I and II attached hereto are a part of this Contract and are incorporated herein by reference. 25. DEBARMENT CERTIFICATION By execution of this contract, the contractor certifies that it is eligible to receive contract awards using federally appropriated funds and that it has not been suspended or debarred from entering into contracts with any federal agency. The Contractor shall include this provision in each of its subcontracts hereunder and shall furnish its subcontractors with the current “LIST OF 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. 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 claims to be false, fictitious or fraudulent. Contractor acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. 27. NOTICE OF FEDERAL FUNDING Contractor acknowledges that this Contract is funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious. or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. Contractor’s Initials: idm Contract No. PO A} p PW C | 9 [INTENTIONALLY LEFT BLANK] 7 PO4IDPWL19 Contract No. Contractor’s Initials: BM g —— IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. WITNESSES: NMENT OF THE VIRGIN ISLANDS : 3 Jr. P.E., Commissioner Date rent of Public Works ne Min. elf torre Lots 4 Anthon Thomas, Commissioner Dat J I Pied Department of Property and Procurement L CONTRACTOR v ] ZA TNR Craft Pim heid f. 226) 9 == Bradford E. Marshall d/b/a Date <—— li' ‘ Mars Construction Consultants (Corporate seal. if Contractor is a corporation) > APPROVED AS TO LEGAL SUFFICHINCY) F DEPARTMENT OF JUSTICE eed a KB Date */) 4 PURCHASE ORDER NO. CERTIFICATE OF APPROVAL I hereby certify that this is a true and exact copy of Contract No. entered into between the Department of Property and Procurement and Bradford Marshall d/b/a Mars Construction Consultants Anthony D. Thomas, Commissioner Department of Property and Procurement Contractor's Initials: “2M a Contract No. * rg () 4AVpePN tio