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CONSTRUCTION CONTRACT THIS AGREEMENT is made this ____ day of , 20_, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, acting through its Department of Property & Procurement, on behalf of the Department of Human Services (hereinafter referred to as “Government’) and Anthony Plumbing, Inc. (hereinafter referred to as “Contractor”). WITNESSETH: WHEREAS, the Government is in need of a contractor to furnish all labor, materials and equipment necessary for the Plumbing Repairs to Ten (10) Rooms in the South Wing of the Herbert Grigg Home for the Aged, St. Croix, Virgin Islands in strict accordance with the plans and specifications (incorporated by reference and made a part of this contract), which duties and responsibilities are more particularly described in Addendum I, (Scope of Work), Addendum II (General Provisions and Warranties together with the additional General Provisions — Construction), Addendum III (Termination of Contracts), and Addendum IV (Compensation) attached hereto; and WHEREAS, the Contractor represents that it is willing and capable of providing such services; Co i 6DHSC I 9(API) Contractor’s initials ______ 29th 20 April 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: I. SERVICES The Contractor will provide the services described more particularly in Addendum I (Scope of Work) incorporated herein by reference and made a part of this construction contract. 2. TERM This Contract shall commence upon execution by the Commissioner of the Department of Property and Procurement and shall terminate within one hundred and twenty (120) calendar days after the issuance of the formal Notice to Proceed, or in accordance with an agreed upon extension pursuant to the General Provisions. 3. COMPENSATION The Government, in consideration of satisfactory performance of the services described in Addendum I, agrees to pay the Contractor the sum of One Hundred Twelve Thousand, Three Hundred Sixteen Dollars and Twenty-five Cents ($112,316.25) in accordance with the provisions set forth in Addendum IV CO 1 6DHSC I 9(API) Contractor’s Initials__________ 2 (Compensation), attached hereto’is hereby incorporated by reference, and made. a part ofthis contract. 4. LIQUIDATED DAMAGES it is hereby expressly agreed by the parties hereto that in the event the Contractor has not completed the scope ofwork under the term set forth in Paragraph 2 hereof, One I-lund red Dollars ($100.00) for each calendar day or portion thereof shall be due the Government. The liquidated damages shall first be deducted from any contract monies due, but not yet paid to the extent available. 5. RECORDS The Contractor will present documented, precise records of time and/or money expended under this Contract. 6. PROFESSIONAL STANDARDS The Contractor agrees to maintain the professional standards applicable to its profession and to Contractors doing business in the United States \7irgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. Certified copies of all documents, books, records, instructional materials, programs, printouts and memoranda of every description derived therefrom and pertaining to this Contract shall become the property of the: Government and sha[l be turned over to it at the termination of this Contract, or at the Government’s request, during the life of the contract. The above-described materials shall not be COI6DHSC19(APJ) Contractor’s.Iriitials___________ 3 used by Contractor or by any other person or entity except upon the written permission ofthe Government. & LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon Government to persons, firms, associations, or corporations engaged by Contractor as servants, agents, independent contractors, or in ny other capacity whatsoever, or make the Government liable to any such persons, firms, associations or corporations for the acts, omissions, responsibilities, obligations and taxes of Contractor of whatsoever nature, including but not limited to unemployment insurance and social security taxes for Contractor, its servants, agents or independent contractors. 9. ASSIGNMENT The Contractor shall not subcontract or assign any pail of the services under this contract without the prior written approval of the Government. 10. INDEMNIFICATION Contractor agrees to indemnify, defend, and hold harmless the Government from and against any and all loss, damage, liability, claims, demands, detriments, cost, charges and expenses (including 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 counected to the services to be performed by Contractor under this Contract and arising from any cause, except the sole negligence of Government. Contractor’s Initials CA 4 11. INDEPENDENT CONTRACTOR The Contractor 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 and venue are exclusive in the United States Virgin Islands. 13. WAIVERS AN]) AMENDMENTS No waiver, modification, or amendment of any term, condition or provision ofthis Contract shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and speciing with particularity the nature and extent of such waiver, modification, or amendment. Any such waiver, modification, or amendment in any instances shall in no event be construed to be a general waiver, modification, or amendment of any of the terms, conditions, orprovisions of this Contract, but the same shall he strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 14. ENTIRE AGREEMENT This agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this agreement. This agreement supersedes all prior co I 6DHSCt9(API) Contractor’s Initials _______ 5 communications, contracts, or agi’eernents 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 the Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, the Government may apply such sums in such manner as the. Government may deem proper to secure itself or to satisfy such claims. The Govenunent will immediately noti’ the Contractor in writing in the event that it elects to exercise its right to withhold. 16. CONDITiON PRECEDENT This Contract shafl 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 cause on ten (10) days written notice to the other party specifying the date of termination. The attached “Addendum III — rp iti of Contracts for the Convenience of the Government” is hereby fuUy incorporated herein by reference and is made a part of this agreement. cm 61Y1-TSCI9(API) Contractor’s 1nitia1s_dt 6 18. PARTIAL TERMINATION The performance of work under this contract may be terminated by the Government in part, whenever the Government shall deem such termination advisable by providing ten (10) days written notice to the Contractor. This partial termination shall he effected by delivering to the Contractor a Notice of Partial Termination speciiPg the extent to which the term andlor 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 terniination, including payment for the period of the ten (10) days’ hotice. 19. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds ot or be subject to discrimination in the perfonnance of this Contraët on accOunt of race, creed, color, sex, religion, disability or national origin. 20. CONFLICT OF INTEREST (a) Contractor covenants that it has no interest and will not acquire any thterest, direct or indirect, which would conflict in any manner or degree with the performance of services required to perform under this Contract. (b) Contractor further covenants that it is: (1) not a territorial officer or employee (i.e., the Governor, Lieutenant Governor, meniber of the Legislature or any other elected telTitor’ial official; or an officer or employee of the legislative, executive, or COH5DI-1SC19(API) Contractor’s tnitiaI&/ 7 judicial branch of the Government or any agency, board, commission, or independent instnnnentallty of the Government, whether compensated on a salary, fee or contractual basis); or (2) a territoria’ officer or employee and, as such, has a) familiarized itselfwith the provisions ofTitle 3, Chapter 37, Virgin Islands Code, pertaining to conflicts of interest, including the penalties provisions set forth in section 1108 thereof; (ii) not made, negotiated or influenced this contract, in its official capacity; (iii) no financial interest in the contract as that term is defined in section 110 1., (1) of said Code chapter. 21. EFFECTIVE DATE The effective date ofthis Contract shall be the day ofexecution of the Contract by the Commissioner of the Department of Property and Procurement. 22. NOTICE Any notice required to be given by the terms ofthis 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: CO I GD[{SC I 9(API) Contractor’s initials 624’ 8 GOVERNMENT Anthony 0. Thomas Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas, VI 00802 Kimberley Causey-Gornez Commissioner Department of Human Services 3011 Golden Rock, Christiansted St. Croix, Virgin Islands 00820 CONTRACTOR Charles Anthony Owner Anthony Plumbing, Inc. 142 Anna’s Hope P.O. Box 6625 Christiansted, VI. 00823 23. LICENSURE The Contractor covenants that it has: a. obtained all of the applicable licenses or pennits, temporary or otherwise, as required by Title 27 of the Virgin Islands Code; and b. familiarized itseif with the applicable provisions of Title 27 Of the Virgin Islands Code pertaining to professions and occupations. 24. CONTRACTOR’S REPRESENTATIONS The Contractor agrees that it is filly informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion ofthe Contract7 and thatit has been engaged in and now does such work COI6DFI5CI9(API) Cvntractor’ Initials and represents that it is fully equipped, competent, and capable of performing the work and isready and willing to perform such work. The Contractor agrees fUrther to begin work not later than the date indicated on the formal notice to proceed and complete the work within the number of days specified in the notice to proceed or as extended in accordance with the General Provisions of the Contract. The Work shall be done under the direct supervision of the Government, and in accordance with the laws of the Government and its Rules and Regulations thereunder issued and any and all applicable federal rules and regulations. The patties hereto agree that this contract shall, in all instances, be governed by the Laws of the Government of the Virgin Islands. 25. WARRANTY OF NON-SOLICITATiON The Contractor expressly warrants that it nor its officers, agents or employees has employed no person to solicit or obtain this contract on its behalf, or to cause or procure the same to be obtained upon compensation in any way, contingent, in whole or in pail, upon such procurement, and that it has not paid, or promised or agreed to pay to any person, in consideration of such procurement, or in compensation for services in counection therewith, any brokerage, commission, or percentage upon the amount receivable by it hereunder; and that it nor its officers, agents or employees hasnot, in estimating the contract price demanded by it included any sum by reason of such brokerage, commission or percentage; and that all monies payable C016DH5019(API) 10 Contractor’s to it hereunder are free. from obligation to any other person for services rendered, or supposed to have been rendered, in the procurement ofthis contract. Breach of the. warranty shall give the Government the, right to terminate this Contract, or in its discretion, to deduct, from the contract price or consideration the amount of such commission, percentage, brokerage or contingent fees. 26. FALSE CLAIMS Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government of the Virgin Islands, or any officer, department, board, commission, or other agency thereof knowing such claim to be false, fictitious or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is an offense under Virgin Islands law. 27. DEBARMENT CLAUSE 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 includethis 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 cligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to paynwnt for any work performed under this contract or any subcontract CO16DRSCI9(API) ‘Contractor’s Initials d, li and that the Contractor or subcontractor shall, promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. 28. OTHER PROVISIONS Adderdum I (Scope of Work), Addendum 11 (General Provisions and Warranties’) and Addendum III (Termination of Contracts) and Addendum IV (Compensation) attached hereto are hereby incorporated by reference and made a part ofthis contract. 29. INSURANCE Contractor shall maintain the following insurance coverages during the term of this Contract: (a.) COMMERCIAL GENERAL LIABILiTY: Commercial general liability insurance, in a form acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than $500,000.00 for any one person per occurrence for death or personal injury $50Q,000.00) for any one occurrence for property damage. Insurance policy(ies), shall name the Government of the Virgin Islands as the, certificate holder and additional insured via an endorsement. (b.) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. CO16DI-ISC)9(API) Contractor’s Initials _______ 12 30. PAYMENT AND PERFORMANCE BONDS The Contractor shall -comply with the following minifrmm bonding requirements: (a.) A performance bond to secure Contractor’s obligations and performance under the Contract fr 100% of the Contract price; and (h.) A payment bond to assure payment to all persons supplying labor and material in the execution of the work prOvided for in the Contract for I 00% of the Contract price, or (c.) In the case of Preferred Bidders. an allowable form of Guaranty under Title 3i, Section 236a of the Virgin Islands Code which has been approved by the Commissioner of DPP. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. CO16D1SC19(AP1) 13 Contractor’s Initials IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS ___________________ ___________________________ Date: Anthony D. Thomas ____________________ Commissioner Department of Property and Procurement _______ - Date: /1 ‘-/9 2 - Kmnbe CaIIey-Gom /c Commissioner Department of Human Services CONTRACTOR ______ Date: ______ Charles AntIiony, Ownr Anthony Plumbing, Inc. (Coiporate seal, ifContractor is a corporation.) APPROVED AS TO LEGAL SUFFICI-NCY DEPARTMENT OF JUSTICE BY:t DaflysignedbyC& -0400 COt 6DKSCI 9(API) Contractor’s InitiaIs;// 14 4/29/2020