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GOVERNMENT of the Virgin Islands EMERGENCY TASK ORDER AGREEMENT Territorial and Federal Debris Removal (Emergency Services) in the District of St. Croix- Hurricane Maria 2017 THIS AGREEMENT, made this Z g th day of Auaus 4 2019, in the Territory of the Virgin Islands of the United States, by and between the Government of the Virgin Islands, (hereinafter referred to as ““Government’’) and Bates Trucking &, Trash Removal, Inc., whose address is, 6061 Castle Coakley (hereinafter referred to as “Contractor’’), WITNESSETH: WHEREAS, the District of St. Croix in the Virgin Islands of the United States Sustained damage including but not limited to down trees, broken utility poles, downed utility lines, blocked roadways, power outages, flooding and mudslides from the passage of category 5 Hurricane Maria (“Hurricane Maria”) on September 20, 2017: and WHEREAS, The Government is in need of a contractor to provide Territorial Federal Debris Removal in the District of St. Croix to resume the provision of services to the Public; and WHEREAS, the Contractor was selected in accordance with the authority in 31 V.LC § 239 (a)(1); 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 | and II; NOW THEREFORE, 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 Agreement, the Contractor agrees to provide the Territorial and Federal Debris Removal in the District of St. Croix. The Contractor shall furnish all necessary Supplies to provide the services outlined in Addendum I, (Scope of Work) attached hereto and made a part of this Contract. Section II. The Government in consideration of the satisfactory performance of the services described in Addendum I, (Scope of Services) agrees to pay the Contractor in accordance with invoices submitted and approved by the Department of Property and Procurement, as set forth in Addendum II, (Compensation) attached hereto And made a part of this Agreement. Supply Contract NO. S26KDPWC18 (BTTR) 1 Contractor’s Initials \ £E Section III | Upon the execution of this Contract by the Governor of the Virgin Islands the Contract shall be effective for a term beginning September 21, 2017, to August 31, 2019, thereafter unless mutually extended or terminated by the Parties. The Government shall have the option to renew this Agreement for an additional thirty (30) days on the same terms stated herein by providing the Contractor with 24 hours written notice of its election to renew. 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), attached hereto and made a part of this Contract. Section V. This Agreement shall be governed by the laws of the Virgin Islands of the United States and jurisdiction shall remain in the Virgin Islands of the United States. Section VI. This Agreement shall be subject to the availability and appropriation of funds and to the approval of the Governor of Virgin Islands of the United States. Section VII. The Contractor shall only perform services when directed by the Commissioner of Property & Procurement, or his authorized representative. Section VIII. This Agreement 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 Agreement, are merged herein. Section TX. The effective date of this Agreement shall be the day of the execution of the Agreement by the Governor of the Virgin Islands of the United States. Section X. Addenda I, II, and III attached hereto are part of this Agreement and are incorporated herein by reference. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. Supply Contract NO. _S26KDPWC18 (BTTR) 2 Contractor’s Initials: . TH a A WITNESSES: GOVENRMENT OF THE VIRGIN ISLANDS: A Co 5.29. 2e be nthony . Thomas, Commissioner Designee Date Departm t of Property and Procurement ‘pit CONTRACT es, Sr., President a EL Tth-h-y Bates Tricking and Trash Removal, Inc. (Corporate Seal if Contractor is a Corporation) APPROVED CAA OSES Date: shi Honorable Albert\Bryan Jt. \ Governor of the Virgin Islands Approved for Legal Sufficiency Department of Justice: By: Date: Pz 1 Supply Contract NO. S26KDPWC18 (BTTR) 3 Contractor’s witian TS Addendum I (SCOPE OF SERVICES) Territorial and Federal Debris Removal 1. 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 under a state of emergency or declared a disaster area by the Governor of the United States Virgin Islands. 2. SERVICES The Contractor shall provide all 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 four possible classifications (biodegradable, non-biodegradable, metal debris, and White Goods), in separate trucks, load and remove separated debris from the territorial and federal route system right-of-way (ROW) to the Debris Management Site (DMS). 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 certified dump trucks or roll-on/roll-off bins which will be sized and labelled appropriately for the purpose of tracking by inspectors throughout the duration of the operation. The contractor will be responsible for 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 the Public Works Program Manager. The eligible debris will be pre-measured by Public Works Program Manager. This information will then be submitted to the Contractor on a weekly basis. The scope of work will include 1) examining debris to determine whether or not debris is eligible; 2) loading separated debris in two separate trucks; 3) hauling debris to an approved Debris Management Site; and 4) dumping the debris at the dumpsite. Ineligible debris (i.e., hazardous toxic material, excluding white goods, vegetative) 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. Any load that includes ineligible debris, will be turned away. Debris removal shall include all eligible debris found on the ROW at the specified addresses designated by Public Works 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 Public Works Program Manager. The Contractor shall not enter onto private property during the performance of this contract. Supply Contract NO. S26KDPWC18 (BTTR) 4 Contractor’s Initials: \ TB 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 ensuring that the load tickets are completed according to the established procedures. The load ticket will contain the following information: Unique ticket number Contractor name and telephone number Sub-contractor name and telephone number (if applicable) Truck Number Truck Capacity (already certified by US ACE) Truck Driver name Date Time, Start & Finish STEP Program Application Number - provided by Public Works for each address Address Latitude and Longitude Debris Classification . DMS Location Signature fields for both Roving Monitor and Tower Monitor Capacity percentage and total of appliances collected OZEVrAS TROP oOOWS Supply Contract NO. S26KDPWC18 (BTTR) 5 Contractor’s Initials: TE US Virgin Islands Department of Public Works Debris Load Ticket - DR 4340 Prime Contractor Truck No Capacity ‘Other Info Sub-Contractor Truck Driver Date Time Start: Time Finish: inspector/Monitor Application ; Lonaitud , Range & ‘ Number Address Latitude ongitude | CYofC&D | AIC Unit | Mcrowave Bisa Refrigerator Body Slob DMS Site - Check One Unloading Information Refrigerator Nazareth Suzannaberg Ticket # 1234567 inspector/Monitor Other Notes: Original: Vi DPW - Field Monitor Copy 1: VI DPW - Tower Monitor Copy 2: Truck Driver Copy 3: USACE/VIWMA ~—- Copy 4:CERES 4. DEBRIS CLASSIFICATION Eligible Debris. Debris that is within the scope of this contract falls under two possible classifications: Construction and Demolition (C&D) and White Goods. Debris that is classified hazardous or toxic, with the exception of white goods, is not to be handled under this contract. Construction and Demolition Debris: Damaged components of buildings and structures, such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, pipe, concrete, fully cured asphalt, equipment, furnishings, and fixtures. White Goods: Refrigerators, A/C Units, Microwaves, Range and Ovens, and Water Heaters. Hazardous Toxic Waste (HTW). Hazardous or toxic materials or waste such as petroleum products, paint products, asbestos, electrical transformers, and other known or suspected hazardous materials shall be removed by others. 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. Contractors 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. Supply Contract NO. S26KDPWC18 (BTTR) 6 Contractor’s Initials: 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 closed on a 3, 6, 9-day projection. The plan will be updated every three days. Maximum allowable time for completion will be one hundred seventy-seven (177) 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. 7. EQUIPMENT All trucks and other equipment must be in 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 will effectively contain the debris transport and permit 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 contractor must mount a sign provided by Public Works measuring 12 inches x 16 inches on both sides containing the Contractor’s name, subcontractor’s name (if applicable), unique truck number, the load capacity in cubic yards as determined through certification process, and name of inspector, and inspection date. 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. 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: A. Contractor’s name, telephone number and fax number Supply Contract NO. S26KDPWC18 (BTTR) 7 7. Contractor’s Initials: B. Location of work assignment area(s) C. Daily and cumulative hours personnel worked, by position D. Number and type of each piece of equipment, including vehicle tag numbers and load capacity and whether equipment belongs to contractor or subcontractor E. Daily and cumulative operational belongs to contractor or subcontractor F. Daily and cumulative totals (in cubic yards) of debris removed, by category 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 9, OTHER CONSIDERRATIONS The Contractor shall supervise and direct the work, using skilful labor and proper equipment for all tasks. Safety of the Contractor’s personnel, equipment and the adjacent area are the responsibility of the Contractor. Additionally, the Contractor shall pay for all 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. 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, equipment, 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. 10. 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 capacity will be adjusted down by visual inspection by the Monitor. Measurement will be documented by load tickets and verified by the Monitor. 11, 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 Contractor 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 agree that the rate to be paid under this contract is non-negotiable as outlined below. Contractor further agree that payments will be made in accordance with approved invoices submitted to the Department of Public Works verified by actual measurement of the debris at the debris site. Supply Contract NO. S26KDPWC18 (BTTR) 8 Contractor’s Initials: wei Sample Invoice: ABC Construction, Inc Contract: SC-0123-DPW- 2000 #123 Estate Anna’s Hope Period: 07/15/2000- 07/15/2000 P.O. Box 987, Kingshill VI 00851 TEL: (340) 555-0123 Tax ID: 66-9999999 1. 07/15/2000 Route #70 Estate Mount Pleasant 150 cubic yards @ $5.00 $750.00 Invoice number 001 through 075 2. 07/16/2000 Route #70 Estate Pleasant Prospect 125 cubic yards @ $5.00 $625.00 Invoice number 076 through 120 3. 07/17/2000 Route #70 Estate Adventure 130 cubic yards @ $5.00 $650.00 Invoice number 121 through 180 TOTAL DUE: $2,025.00 I certify that the above information is true and correct. John Smith, Sr., President Date ABC Construction, Inc Final payment is subject to the inspection an acceptance of the project by the Government, the submission of all pertinent warranties and Release of Claims. Contractor shall submit a Waiver of Liens or Affidavits of subcontractors who have release the contractor of its obligations. Contractor shall also submit a Consent of Surety to final payment, and upon the Government’s request, any other documentation the Government deems necessary. Company Name: Company Physical Address: Company Mailing Address: Tax indication Number: Company Telephone: Company Fax Number: Supply Contract NO. S26KDPWC18 (BTTR) 9 Contractor’s Initials: , ve" ws 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 contact period. 12. OTHER CONTRACTS The Government reserves right to issue other contracts or direct other contractors to work within the area included in this contract. 13. INSURANCE The Contractor shall maintain on his own Workmen’s Compensation Insurance, Comprehensive General Liability Insurance against bodily injury with limits of $100,000.00 and against property damage with limits of $100,000.00 the cost of which shall be borne by the Contractor and maintained fully during the term of the contract. A copy of the insurance listed herein shall be filled with the Department of Property & Procurement, 274 Estate Richmond, Christiansted, St. Croix. The Contractor shall be liable for loss or damage to property or persons; however, in no case shall such negligence be presumed of inferred. Supply Contract NO. S26KDPWC18 (BTTR) 10 TB Contractor’s Initials: _( L — ADDENDUM II (COMPENSATION) The Government, in consideration for the satisfactory performance of the services outlines in Addendum I (Scope of Services), agrees to make payments based on itemized invoices. The Parties further agree that the sum payable under this contract is: 1. $38.00 per cu. yd. for actual measurement of the debris at the debris site; and 2. White Goods at a flat rate of: Water heater -$46.00 per unit Microwave- $46.00 per unit Stove $46.00 per unit Refrigerators- $63.00 per unit A/C Unit- $63.00 per unit saooe all payments will be made in accordance to actual work performed. Contractor shall furnish the Department of Public Works with itemized invoices for approval. Each invoice must contain at a minimum: (i) dates for which services were rendered at the request of the Commissioner of Public Works or his authorized representative, (ii) a detail description of the services rendered, (iii) the cost associated with each item in the invoice; and (iv) the total amount owed for services rendered. All invoices must be approved by the Commissioner of Public Works. Supply Contract NO. S26KDPWC18 (BTTR) 11 Contractor’s Initials: we ADDENDUM Ill (GENERAL PROVISIONS) 1. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that during employment, employees are treated without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national 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 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. Supply Contract NO. S26KDPWC18 (BTTR) 12 Contractor’s Initials: | Zz (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. 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 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 (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 shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Supply Contract NO. S26KDPWC18 (BTTR) 13 Contractor’s Initials: TB 3. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the Department of Planning and Natural Resources (DPNR) understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the 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.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, Supply Contract NO. S26KDPWC18 (BTTR) 14 7 Contractor’s Initials: 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 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. 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. 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-program. 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. Supply Contract NO. S26KDPWC18 (BTTR) 15 Contractor’s Initials: SA 8. 10. FL, ACCESS TO RECORDS The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the Government, the Federal Emergency Management Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the Federal Emergency Management Agency Administrator or his/her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract DEPARTMENT OF HOMELAND SECURITY TERMS & CONDITIONS The Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproductions of flags or likenesses of Department of Homeland Security agency officials without specific Federal Emergency Management pre- approval. Federal Emergency Management Agency financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, Federal Emergency Management Agency policies, procedures, and directives. The Federal 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. ASSIGNMENT The Contractor shall not subcontract or assign any part of the services under this contract without the prior written approval of the Government. INDEMNIFICATION Contractor agrees to investigate, defend, and hold harmless the Government from and against any and all loss, damage, liability, claims, demands, detriments, cost, charges and expenses (including attorney’s fees) and causes of action of whatsoever character which the Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by Contractor under this Contract and arising from any cause, except the sole negligence of Government. Supply Contract NO. S26KDPWC18 (BTTR) 16 Contractor’s Initials: WB Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] 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, Bates Trucking and Trash Removal, Inc., certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 ef seq., apply to this certification and disclosure, if any. ure of Contractor’s Authorized Official (Tints 2 GAT $7. fiend Name and Title of Contractor’s Authorized Official BL) a Date/ Supply Contract NO. S26KDPWC18 (BTTR) 18 Contractor’s Initials: UR