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CONSTRUCTION CONTRACT THIS AGREEMENT is made this day of / . 2(. in the Territory of the Virgin [stands, by and between the Government of the Virgin Islands, Department of Property & Procurement, on behalf of the Department of Human Services (hereinafter referred to as “Government’) and Stephanus Wiltshire d/b/a A-I Home Repairs (hereinafter referred to as ‘Contractor”). VlTNESSETH: WHEREAS, the Government is in need of a contractor to fUrnish all labor, materials and equipment necessaiy fUr the Construction Repair Services in the Strive Senior Center Kitchen at the Department of Human Services on St. Thomas, 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 ill (Termination of Contracts). and Addendum IV (Compensation) attached hereto; and WHEREAS, the Contractor represents that it is vil]ing and capable of providing such services; NOW THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this witten instt’ument, the parties hereto do covenant and agree as follows: 1. SERVICES The Contractor will provide the services described more particularly in Addendum [(Scope of Work) incorporated herein by reference and made a pail of this constructton contract. 2. TERM This Contract shall commence upon execution by the Commissioner of the Department of Property and Procurement and shall terminate within thirty (30) calendar days from the issuance of the formal Notice to Proceed, or in accordance w’ith 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 Twenty-Six Thousand Three Huiidred Ninety One Dollars and Sixteen Cents (526,391.16) in accordance with the provisions set fbrth in Addendum IV (Compensation). attached hereto is hereby incorporated by reference and made a part of this contract. C0220tt512t) tAt HR) t tnhiI 4. LIQUIDATED DAMAGES It is hereby expressly agreed by the parties hereto that in the event the Contractor has not completed the scope of work under the leon set forth in Paragraph 2 hereof, fifty dollars ($50.00) for each calendar day or portion thereof shall be due the Government. The liquidated damages shall first be deducted from any contract monies due, hut not yet paid to the extent available. 5. RECORDS The Contractor will present documented, precise iccords of lime and/or money expended under this Contract. 6. PROFESSIONAL STANDARDS The Contractor agrees to maintain the profcssional standards applicablc to its profession and to Contractors doing business in the United States Virgin IsLands. 7. DOCUMENTS, PRINTOUTS, ETC. Certified copies of all documents, books, records, instructional materials, programs. printouts and memoranda of every description derived therefrom and pertaining to this Contract shall become the property of the Government and shall be turned over to it at the tennination of this Contract, or at the Governments request, during the life of the contract. lhc above-described materials shall not be used by Contractor or by any other person or entity except upon the written pemission of the Government. 8. LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon Government to persons, flims, associations, or corporalions engaged by Contractor as servants, agents, independent contractors, or in any other capacity whatsoever, or make the Government liable to any such persons, Firms, associations or corporations for the acts, omissions, responsibilities, obligations and taxes of Contractor of whatsoever nature, including but not limited to unemployment insurance, gross receipt. excise, anti socia security taxes for Contractor, its servants, agents or independent contraetors 9. ASSIGNMENT The Contractor shall not subcontract or assign any part of the services under this contract without the prior written approval of the Government. 10. INDEMNIFICATION Contractor agrees to indernni’, 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 co22nHST2u (A1FIR) 2 may incui 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 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 Coturact shall be governed by the laws of’ the United States Virgin Islands and jurisdiction and venue are exclusive in the Unued Slates Virgin Islands. 13. WAIVERS AND 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 specifying with particularity the nature and extent of such waiver, modification, or amendment. Any such waiver, modification, or amendment in any instances shall in no event be construed to he a general waiver, modification, or amendment of any of the teims. conditions, or provisions of this Contract, but the same shall be strictly limited and restricted to the cxtent 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 agi’cenient supersedes alJ prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement. whether written or oral. IS. 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 Govem’nment may apply such sums in such manner as the Guvemiimnent 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 elects to exercise its right to withhold. 16. CONDITION PRECEDENT This Contract shall be subject to the availability and appropriation of ftinds and to the approval of the Commissioner of the Department of Property and Procurement. (‘022Dm IS120 (Al mitt) 17. TER’llNATION Either Party wili have the right to terminate this contract with cause on ten (I 0) days wntten notice to the other party speci’ing the date of termination. The attached “Addendum Ill- Termination of Contracts for the Convenience of the Government” is hereby fully incorporated herein by reference and is made a part of this agreement. IS. PARTIAL TERMINATION The performance of work under this contract may be terminated by the Government in part. whenever the Government shall deem such termination advisable by providing ten (10) days written notice to the Contractor. This partial termination shall be effected by delivering to the Contractor a Notice of Partial Termination specifying the extent to which the term and/or duties under this contract are terminated and thc date upon winch such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the ten (10) days’ notice. 19. NON-DISCRIMINATION No person shall be excluded from participating in. be denied the proceeds of, or be subject to discrimination in the performance of this Contract on account of race, creed, color, sex, religion, disability or national origin. 20. CONFLICT OF INTEREST (a) Contractor covenants that it has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of seivices required to peribim under this Contract. (hi Contractor further covenants that it is: (I) nol a territorial officer or employee (i.e.. the Governor, Lieutenant Governor. member of the Legislamre or any other elected territorial official; or an officer or employee of the legislative, executive. orjudicial branch of the Government or any agency, board, commission, or independent instrumentality of the Government, whether compensated on a salaty, fee or contractual basis): or (2) a territorial officer or employee and, as such, has: (i) familiarized itself with the provisions of Title 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; and (ul) no financial interest in the contract as that term is defined in section 1101. (1) ofsaid Code chapter. C CO22DFISi20 (Al HR) 4 tiiinaIs 21. EFFECTIVE DATE The effective date of this Contract is upon the execution by the Commissioner of the Department of Property and Procurement. 22. NOTICE Any notice required to be given by the terms of this Contract shall be deemed to have been given ‘shea the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: GOVERNMENT Anthony D. Thomas Commissioner Department of Property and Procurement 8201 Subbase 3td Floor St. Thomas U. S. Virgin ]slands 00802 Kimhcrley Causey-Gome, C oni missioner Department of Human Services 1303 Hospital Ground Suite I St. Thomas U.S Virgin Islands 00802 CONTRACTOR Stephanus Wiltshire Owner Stephanas Wiltshire d/b/a A-] 1-loine Repairs 6266 Estate Nazai’eth St. Thomas U.S Virgin Islands 00802 23. LICENSURE The Contractor covenants that it has: a. obtained all of the applicable licenses or permits, temporary or otherwise, as required by Title 27 of the Virgin Islands Code; and b. familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations. 24. CONTRACTOR’S REPRESENTATIONS The Contractor agrees that it is fully informed regarding alt the conditions affecting the work to be done and labor and materials to be ftmrnished for the completion of the Contract. and that it has been engaged in and now does such work and represents that it is ftilly equipped, competent, and capable of performing the work and is ready and willing to perfbrm such work. CO22DH5T2O (AIF1R) initiuls to The Contractor agrees further to begin work not later than the date indicated on the formal Notice to Proceed and comptete the work within the number of days spccificd in the proposal or as extended in accordance with the General Provisions of the Contract. The Work shall be done under the direct supervision of the Government. and in accordance with the laws of the Government and it Rules and Regulations thereunder issued and any and all applicable fèdcial rules and regulations. The parties hereto agree that this contract shall, in all instances, he governed by the Laws of the Go ernment of the Virgin Islands. 25. WARRANTY OF NON-SOLICiTATiON The Contractor expressly warrants that it nor its ofticers. agents or employees has employed no person to solicit or obtain this contract on its behalf, or to cause or procure the same to he obtained upon compensation in any ‘cay. contingent. in whole or in part, upon such procurement, and that it nor its ol1cers. agents or employees has not paid. or promised or agreed to pay to any person, in consideration of such procurement. or in compensation for services in connection therewith, any brokerage. commission, or percentage upon the amount receivable by him hereunder: and that it nor its officers, agents or employees has not, in estimating the contract price demanded by it included any sum reason of such brokerage, commission or percenLage and thai all monies payable toil hereunder are fl-ce from obligation to any other person for services rendered, or supposed to have been rendered, in the procurement of this contract. Breach of the warranty shall give the Government the right to terminate this Contract, or in its discretion, to deduct from the contraetpriee orconsideration the amount olsuch conlinission. percentage, brokerage or contingent fees. 26. FALSE CLAIMS Contractor warrants that it shall not, with respect to this (‘ontract, make or present any claim upon or against the (iovernmenl of the Virgin Islands, or any officer. department. hoard. conmission. or other agency thereof, krnnvzng such claim to he false, fictitious or fraudulent. Contractor acknowledges that making such a false. lictitiou. or fraudulent claim is an ofibose under Virgin Islands law. 27. DEBARMENT CERTIFICATION By execution of this contract, the (‘ontractor certilics 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 Ibderal agency. The (‘ontractor shall include this provision in each of its suhcontracts 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 he entitled to payment for any work performed under this contract oi any subcontract and that the Contractor or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. (‘0221)111,1 2”(AtiIi(i 0 ni(,ais’t 28. OTHER PROVISIONS Addendum I (Scope of Work), Addendum I! (General Provisions and Warranties) and Addendum Ill (Termination of Contracts) and Addendum IV (Compensation) attached hereto are hereby incorporated by reference and made a part of this contract. 29. INSURANCE Contractor shall maintain the following insurance coverages during the term of this Contracl (a) COMMERCIAL GENERAL LIABILITY; Commercial general liability insurance, in a fonu acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than one hundred thousand dollars ($100,000.00) for any one person per occurrence for death or personal injury and one hundred thousand dollars ($100,000.00) for any one occurrence for property damage. Insurance poliey(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (b) WORKERS COMPENSATION: Contractor shall suppiy cuTent coverage under the Govcmmenl Insurance Fund or other form of coverage. INTENTIONALLY LEFT BLANK C0220HSI 20 tA [110 IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS Anihony D. Thomas Commissioner Department of Property and Procurement Kimberfe CsusntGomn Commissioner Dq,artment of Human Services CONTRACTOR h4L /;_ iphanus WIe Owner Date: Date:O 7/17/2020 Stephanus Wiltshire d/hla A-i Home Repairs (Cviporciw .‘ci/, if(’onsi-ocsar is ci Lvrponsiion) APPROVED AS TO LEGAL SUFFICIENCY / . 7 AT THE DEPARTMENT OF JUSTiCE BY: - - Date 10/9/2020 Purchaie Order No. Ci)22D1-ST2O tA I KR) C, InitiMs _ 10/9/2020