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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, Department of Property & Procurement, on behalf ofthe Department of Sports, Park, and Recreation (hereinafter referred to as “Government”) and D.V.D. Construction, 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 Hurricane Maria Project Repairs for Campo Rico Basketball Court, St. Croix, U.S. 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 ot Contiaus) Addendum IV(Compensation) ‘md Addendum V(Piovisions from 2 CFR 200 —AppLndlx II) attahLd heicto and WHIREAS the Contractor represents that it is willing and capabiL of providing such services; NOW TI-IEREFORE, 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 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 sixty (60) calendar days from the issuance of the fonnal 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 Forty-Four Thousand, One Hundred Twenty flniIrs rind Zero Cents ($44,120.00) in accordance with the proVisions set forth in Addendum IV (Compensation), attached hereto is hereby incorporated by reference and made a part of this contract. COSOSPRC2 I (DVDI) Contractors Initials___________ OPCMR 1 14th 21 October 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 term set lbrth in Paragraph 2 hereof, Fifty Dollars and Zero Cents ($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, but not yet paid to the extent available. 5. RECORDS The Contractor will present documented, precise records of time andior 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 Virgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. Certified copies of all documents, hooks, 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 termination of this Contract, or at the Government’s request, during the life of the 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 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 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 tinder this contract without the prior written approval of the Government. 10. INDEMNIFICATION Contractor’s Initials_____________ OPCMR CO5OSPRC2 I (DVDI) 2 OPCMR Contractor agrees to indenmii’, defend, and ho’d 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 Cotitract and arising from any cause, except the sole negligence of Government. 11. INDEPENDENT CONTRACTOR The Contractor shall pcrform this Contract as an independent contractor and nothing herein contained shall be construed to he 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 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 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. AGREEMENT This agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this agreement. This agreement supersedes all prior communications, contacts, 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 sunder this Contract is not performed in accordance with the terms, hereof, Government will have the right to withhold out of any payme1t 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 Government will immediately notify the Contractor in writing in the event that it elects to exercise its right to withhold. 16. CONDITION PRECEDENT CO5OSPRC2 1 (DVDI) Contractor’s Initials___________ 3 OPCMR 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 cause on ten (10) days written notice to the other party specifying the date of termination. The attached Addendum III- Termination of Contracts for the Convenience of the Government” is hereby hilly incorporated herein by reference and is made a part of this agreement. 18. PARTIAL TERMINATION The performance of work under this contract may be terminated by the Government in part, whenever the Government shall deem suchtermination 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 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 C’ontractor 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 ot 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 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, member of the Legislature or any other elected territoriaL official; or an officer or employee of the legislative, executive, or judicial branch of the Government or any agency, board, commission, or independent instrumentality of the Government, whether compensated on a salary, 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 thereot (ii) not made, [legotiated 01 iiifluericed this cunuact. in its official capacity; and CO5OSPRC2 1 (DVDI) Contractor’s Initials 4 ED (iii) no financial interest in the contract as that term is defined in section 1101, (1) of said Code chapter. 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 when the same is sent by certified mail, postage prepaicl or personally delivered, addressed to the parties as follows: GOVERNMENT Anthony D. Thomas Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas USV1 00802 Calvert White Commissioner Department of Sports, Park, and Recreation William D. Roebuck Industrial Park Bldg 1. Suite!. Fredriksted, St. Croix, VI 00840 CONTRACTOR Roger Kainth Manager P.O. Box 576 Kingshill, VI 0085 1 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 C’ode pertaining to professions and occupations. 24. CONTRACTOR’S REPRESENTATIONS . Contractor s Initials____________ OPCMR CO5OSPRC2 I (DVD[) 5 The Contractor agrees that it is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of the Contract, and that it has been engaged in and now does such work and represents that it is fuliy equipped, competent, and capable of performing the work and is ready and willing to perform such work. The Contractor agrees further to begin work not later than the date indicated on the fbrmal Notice to Proceed and complete the work within the number of days specified in the proposal or as extended in accordance with the General Provisions of the Contract. The Work shall he 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 federal rules and regulations. The parties hereto agree that this contract shall, in all instances, he 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 arty way, contingent, in whole or in part, upon such procurement, and that it nor its officers, 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 by reason of such brokerage, commission or percentage; and that all monies payable to it hereunder are free 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 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 thereot 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 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 nut bceii 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 “LlF Contractor’s lnitiahs ___________ 6 OPCMR COSOSPRC2 I (DVDI) OPCMR 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. 28. 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, tictitious. or fraudulent claim is a federal offense. 29. DAVIS BACON ACT Contractor hereby agrees that it shall comply with all nilings and interpretations of thc Davis-Bacon Act (40 USC 276a-5) and that the contractor and subcontractor agrees that all employees shall be paid the local prevailing wages as established by Virgin Islands statutes and laws. 30. OTHER PROVISIONS Addendum I (Scope of Work), Addendum II (General Provisions and Warranties), Addendum 111 (Termination of Contracts), Addendum IV (Compensation) and Addendum V (Provisions from 2 CFR 200— Appendix IL) attached hereto are hereby incorporated by reference and made a part of this contract. 31. 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 one hundred thousand dollars ($100,000.00) for any one person per occurrence for death or personal injury and one hundred thousand dollars (S l00,000.OU) 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. Contractor’s Initials__________ CO5OSPRC2 l(DVDI) 7 OPCMR IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. GOVERNMENT OF THE VIRGIN ISLANDS Calvert White Commissioner Department of Sports, Park, and Recreation Anthony D. Thomas Commissioner Department of Property and Procurement CONTRACTOR 4eainii APPROVED AS TO LEGAL SUFFICIENCY AT THE DEPARTMENT OF JUSTICE BY: Date 10/14/2021 Purchase Order No. Date:______ I CO5OSPRC2 1 (DVDI) Contractor’s Initials___________ WITNESSES: Date: 10/4/202 1 Date:__________ 8 10/14/2021 Addendum I CO5OSPRC2 1 (DVDI) 9 OPCMR Contractor’s Initials_______ Addendum I Scope of Work OPCMR Scope of Work (O5OSPRQ2 I (DVDJ) (‘ontractor’s EnitiaIsffi 10 OPCMR Contractor’s nitjaIS V1TA17N FOR DID ..AMPO RICO BASKETBALL COURT PROJECT NO. XMUQ918 CO5OSPRC2 1(DVDI) 11 ‘VITAT1ON FOR BID ..AMPO PJCO BASKETaALL COURT PROJECT NO. XMUO9I8 wont, ylttced the pmject) and antt hhnse{Vhese4fwi cndftkms and hby prepoers to lumkh alt Labor, toots, matmtais, .mant, aerv5can .id uporta1on soctated thredth. AU %t1 and s-eIces pro,ided hk, gail a,nfom fri ‘it respec to alj project plans. speccadons, written Scope at Wont and pticab4e local, federal, wrructlon uide, end proikict and equmee amnt app(kabqodes. standardt and proca,res. The vendor, seMce provider, contractor, pledqes to complete alt wont herein wttNn.Q4ndar days, The total contracted cont o(proJeci — - 1 CO5OSPRC2 1 (DVDI) 12 C’ontractor’s 1nitia OPCMR spany NaiqIMa,Ly,,.es I_ .,— r .v,Ib. J7’44*bIC.’7C.... 5_7 ih;n oo’?Si __________ i. Addendum II I OPCMR Addendum II General Provisions and Warranties Additional General Provisions — Construction CO5OSPRC2 1 (DVDI) Contractor’s Initials__________ 13 OPCMR GENERAL PROVISIONS (CONSTRUCTION CONTRACT) I. DEFINITIONS (a) The term “Contracting Officer” as used herein means the person executing this contract on behalf of the Government and includes a duly appointed successor or authorized representative. 2. SPEC IFICATIONS AND DRAWINGS The Contractor shall keep on the work a copy of the drawings and specifications and shall at afl times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy either in the figures. in drawings, or in the specifications, the matter shall he promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such determination shall be at his own risk and expense. The Contracting Officer shall (trnish from time to time such detail drawings and other information as he may consider necessary, unless otherwise provided. 3. CHANGES (a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be change order, make any change in the work in the general scope of the contract, including but not limited to changes: (i) In the specifications (including drawings and designs): (ii) In the method or manner of performance of the work; (iii) In the Government-furnished facilities, equipment, materials, services, or site, or (iv) directing acceleration in the performance of the work. (b) Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation, or determination) from the Contracting Officer, which causes any such change, shall be treated as a change order under this clause, provided that the Comiiractor gives the Contracting Officer written notice stating the date. CO5OSPRC2 l(DVDI) circumstances, and source of the order and that the Contractor regards the order as a change order. (c) Except as herein provided, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder. (d) If any change under this clause causes an increase or decrease in the Contractor’s cost of. or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That except for claims based on defective specifications, no claim for any change under (b) above shall be allowed fur any costs incurred more than 20 days before the Contractor gives written notice as therein required: And provided further, That in the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increase cost reasonably incunecl by the Contractor in attempting to comply with such detective specitications. (e) If the Contractor intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above. submit to the Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Government. The statement of claim hereunder may be included in the notice under (b) above. (1’) No claim by the Contractor fur an equitable djutnicnt hueundcr shatt be allowed if ascrtcd oIler final payment under this contract. 4. DIFFERING SITE CONDITIONS (a) The Contractor shall promptly, and before such conditions are disturbed, notify the Contracting Officer in writing of: (I) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) unknown physical conditions at the site. of an unusual nature, differing material from those ordinarily encountered and generally recognized as inhering in work the Contractor’s lnitia[sf 14 character provided for in this contract. The Contracting Officer shall promptly investigate the conditions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of. or the time required for. performance of any part of the work under this contract, whether or not changed as a result such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly. (b) No claim of the Contractor under this clause shall he allowed unless the Contractor has given the notice required in (a) above: provided, however, the time prescribed therefore may be extended by the Government. (C) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. 5. TERMINATION FOR DEFAULT—DAMAGES FOR DELAY—TIME EXTENSIONS (a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the Government may, by written notice to the Contractor. terminate his right to proceed with the work of such part of the work as to which there has been delay. In such event the Government may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on the site of the work necessary, therefore. Whether or not the Contractor’s right to proceed with the work is terminated, he and his sureties shall be liable for any damage to the government resulting from his refusal or failure to complete the work within the specified time. (b) If fixed and agreed liquidated damages are provided in the contract and if the Government SO terminates the Contractor’s right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required fur final completion of the work together with any increased costs occasioned the Government in completing the work. (c) If fixed and agreed liquidated damages arc provided in the contract and if the Government does not so terminate the Contractor’s right to proceed, the CO5OSPRC2 l(DVDI) 15 resulting damage will consist of such liquidated damages until the work is completed or accepted. (d) The Contractor’s right to proceed shall not be so terminated nor the Contractor charged with resulting damage if: (1) The delay in the completion of the work arises from unkiresecable causes beyond the control and without the fault or negligence of the Contractor, including bitt not restricted to, acts of God. acts of the public enemy, acts of the Government in either its sovereign or contractual capacity. acts of another contractor in the performance of a contract with the Goernment, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from nnforeseeable causes beyond the control and without the fault or negligence ot’both the Contractor and such subcontractors or suppliers; and (2) The Contractor, within 10 days from the beginning of such delay (unless the Contracting Officer grants a further period ut time before the date of final payment under the contract,) notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of any delay and extent the time for completing the work when, in his judgment, the tindings of facts justify such an extension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in Clause 6 of these General Provisions. (e) If, afier notice of termination of the Contractor’s right to proceed under the provisions of this clause, it is determined for any reason that the Contract was not in default tinder the provisions of this clause, or that the delay was excusable tinder the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause provided for termination for convenience of the Government, be the same as ii the notice for termination had been issued pursuant to such clause, If, in the foregoing circumstances, this contract does not contain a clause providing for termination for convenience of the Government, the contract shall be equitable adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of facts thin Contractor’s Initials____________ OPCMR the meaning of the clause of this contract entitled “Disputes.” (I) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract. (g) As used in Paragraph (d) (I) of this clause, the term ‘Subcontractors or Suppliers’ means Subcontractors or Suppliers at any tier. 6. DISPUTF.S (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed ol’ by agreement shall he decided by the Contracting Oi’f’icer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the head of the Agency involved. The decision of the head of the agency or his duly authorized representative for the determination if such appeals shall be final and conclusive. This provision shall not be pleaded in any suit involving a question of fact arising under this contract as limited judicial review of any such decision to cases where f’raud by such official or his representative or hoard is alleged: Provided, however, That any such decision shall he final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be aftbrded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer’s decision. (b) This Disputes clause does not preclude consideration of’ questions of law in connection with decisions provided for in paragraph (a) above. Nothing in this contract, however, shall be constructed as making final the decision of any administrative official, representative, or board on a qtiestion of law. 7. PAYMENTS TO CONTRACTOR (a) The government will pay the contractor price as hereinafier provided. (b) The Government will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer. If requested by the Contracting Ollicer, the Contractor shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of’ the work, in such detail as requested, to provide a basis oi’ determining progress payments. In the preparation of estimates the Contracting Officer, at his discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the Contractor furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized on the work covered by this contract. (c) In making such progress payments, there shall he retained 10 percent of the estimated amount until final completion and acceptance of the contract work. ilowever, if the Contracting Officer, at any time after 50 percent of the work has been completed, finds that satisfactory proeress is being made, he may authorize any of the remaining progress payments to be macic in full. Also, whenever the work is substantially complete. the Contracting Officer, if he considers the amount retained to be in excess of the amount adequate for the protection of the Government. at his discretion, may release to the Contractor all or a portion of such excess amount. Furthermore, on completion and acceptance of each separate building, public work, or other division othe contract, on which the price is stated separately in the contract, payment may he made therefore without retention of a percentage. (d) All material and work covered by progress payments made shall thereupon become the sole property ofthe Government, by this provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which Contractor’s Initials___________ i ‘.-- .- OPCMR (‘O5OSPRC2 l(DVDI) 16 payments have been made or the restoration of any damaged work, or a waiving the right of the Government to acquire the fulfillment of all the terms of the contract. (e) Upon completion and acceptance of all work, the amount due to the Contractor under this contract shall be paid upon the presentation of a properly executed voucher and after the Contractor shall have furnished the Government with a release, it’ required, of all claims against the Government arising by virtue of this contract, other than claims in stated amounts as may he specifically excepted by the Contractor from the operation of the release. If’ the Contractor’s claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203,41 U.S.C. 15), a release may also be required of the assignee. 8. ASSIGNMENT OF C[.AIMS (a) If this contract provides from paynwnts aggregating S I ,000 or more, claims for moneys due or to become due to the Contractor from the Government under this contract may be assigned to a bank, trust company, or other financial institution, including any Federal lending agency and may thercaller be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid and shall not be made to more than one party. except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys duc to become due under this contract shall not, to the extent provided in said Act. as amended, be subject to reduction or setoff 9. MATERIAL AND WORKMANSHIP (a) Unless otherwise specifically provided in this colitlact, all cquipiiiciit. itiatci jot, and artiL-1c incorporated in the work covered by this contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in this contract, reference to any equipment, material, article, or patented process, by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not he contrucd as limitcd competition, and the Contractor may, at his option, use any equipment, material, CO5OSPRC2 l(DVDI) article, or process which, in the judgment of the Contracting Officer is equal to that named. The Contractor shall furnish to the Contracting Officer for his approval the name of the manufacturer, the model number, and other identifying data and information respecting the performance, capacity, nature, and rating of the machinery and mechanical and other equipment which the Contractor contemplates incorporating in the work. When required by this contract or when called for by the Contracting Officer, the Contractor shall furnish the Contracting Officer for approval full information concerning the material or articles which he contemplated incorporating in the work. When so directed, samples shall be submitted for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment. material, and articles installed or used without required approval shall he at risk of subsequent rejection. (b) All work under this contract shalt be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the Contractor to remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. 10. INSPECTION AND ACCEPTANCE (a) Except as otherwise provided in this contract, inspection and test by the Government of material and workmanship required by this contract shall be made at reasonable times and at the site of the work, unless the Contracting Officer determines that such inspection or test of material which is to be incorporated in the work shall be made at the place of production, manufacture, or shipment of such material. To the extent specified by the Contracting Officer at the time of determining to make off-site inspection or test, such inspection or test shall be conclusive as to whether the material involved conforms to the contract requirements. Such off-site rnspection or test shall not relieve the Contractor of responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the continuing rights ot’ the Government after acceptance of the completed work under the terms of paragraph f) i,fthig clause, except as hereinabove provided. (Li) ilic Cutiti actut lioll, without illaitc, replace any material or correct any workmanship found by the C’ontractor’s Initials___________ OPCMR 17 OPCMR Government not to confOrm to the contract requirements. unless in the public interest the Government consents to accept such material or workmanship with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. (c) If the Contractor does not promptly replace rejected material or correct rejected workmanship, the Government (I) may, by contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the (‘ontractor. or (2) may terminate the Contractor’s right to proceed in accordance with Clause 5 of these General Provisions, (d) The Contractor shall furnish promptly, without additional charge. all facilities, labor, and material reasonably needed for performing such safe and convenient inspection and test as may be required by the Contracting Ollicer. All inspection and test by the Government shall he performed in such manner as not unnecessarily to delay the work. Special, full size, and performance tests shall be performed as described in this contract. The Contractor shall be charged with any additional cost ot inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection. (e) Should it be considered necessary or athisable by the Government at any time before acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall, on request. promptly furnish all necessary facilities, labor. and material. If such work is found to be defective or nonconforming in any material respect, due to the fault of the Contractor or his subcontractors, he shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements ot’ tile contract, an equitable adjustment shall be made in the contract price to compensate the Contractor for the additional services involved in such examination and reconstruction and, if completion of the work has been delayed thereby, he shall, in addition, be granted suitable extension of time. (F) Unless otherwise provided in this contract, acceptance by he (inornrncnt shall he made as promptly as practicable after completion and inspection of all work required by this contract. Acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Government’s’ rights under any warranty or guarantee. 11. SUPR1NTENDENCE BY CONTRACTOR The Contractor shall give his personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the Contracting Officer, on the work at all times during progress, with authority to act for him. 12. PERMITS AND RESPONSiBILITIES The Contractor shall, without additional expense to the Government, be. responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations, in connection with the prosecution of’ the work. 1-Ic shall be similarly responsible for all damages to persons or property that occur as a result of his fault or negligence. He shall take proper safety and health precautions to protect the work, tile workers, the public, and the property of others. He shall also be responsible for all materials delivered and work pert’onned until completion and acceptance of the entire construction work, except for any completed unit of construction thereof which therefore may have been accepted. 13. CONDITIONS AFFECTING THE WORK The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of’ the work, and the general and local conditions which can affect the work or the cost thereof Any failure by the Contractor to do so will not relieve him from responsibility for successfully performing the work without additional expense to the Government. The Government assumes no responsibility for any understanding or representations concerning conditions made by any ot’ its officers o agents prior to the execution of this contract, unless such understanding or representations by the Government are expressly stated in the contract. 14. OTHER CONTRACTS The Government may undertake or award other contracts for additional work, and the contractor shall fully cooperate with such other cofliaclors arid Government employees and carefully fit his own work Contractor’s lnitials CO5OSPRC2 t(DVDI) 18 to such additional work as may be directed by the Contracting Officer. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by Government employees. 15. PATENT INDEMNITY Except as otherwise provided, the Contractor agrees to indemnil’ the Government and its officers, agents, and employees against liability, including costs and expenses, ansing out of the performance of this contract or out of the use or disposal by or for the account of thc Government of suppliers furnished or construction work performed hereunder. 16. ADDITIONAL BOND SECURITY If any surety upon a bond furnished in connection with this contract becomes unacceptable to the Government. or if any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, the Contractor shall promptly furnish such additional security as may he required from time to time to protect the interests of Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 17. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage. brokerage, or contingent fee, excepting bona tide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation. of this warranty the Government shall have the right to annul this contract without liability’ or in its discretion to deduct from the contract price or consideration, or otherwise recover, the hill amount of such commission, percentage, brokerage, or contingent tee. 18. OFFICIALS NOT TO BENEFIT No member of the Legislature or members of Congress shall be admitted to any share or part of this contract, or to any benefit that may arise there from; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. CO5OSPRC2 l(DVDJ) 19. UTIlIZATION OF SMALL BUSINESS CONCERNS (a) It is the policy of the Government as declared by the Legislature that a fair proportion of the purchases and contracts for suppliers and services for the Government he placed with small business concerns. (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor finds to he consistent with the efficient performance of this contract. 20. SUSPENSION OF WORK (a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interpret all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the Government. (b) If the performance of all or any part of the work is. for an unreasonable period time, suspended, delayed, or interrupted by an act of the Contracting Officer in the administration of this contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of’ performance of this contract (excluding profit) necessarily caused by such unreasonable suspension. delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent (1) that petformance would have been so suspended, delayed, or interrupted by any other cause, including the fiwit or negligence of the Contractor or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract. (c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the Contactor shall have notilied the Contracting Officer in writing of the act or failiu’e to act involved (but this requirements shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption but not later than the date of final payment under the contract. Contractor’s Initials___________ OPCMR 19 Amendment to Section 19 Standard Form No. DPP-GP-15-73 GENERAL PROVISIONS (CONSTRUCTION CONTRACT) 19 UTILIZATION OF APPRENTICES OR TRAINEES & SMALL BUSINESS CONCERNS (c) Contractor shall hire, in addition to any other employee he may retain, apprentices or trainees or both for the performance of the work hereunder, the total number of which shall be determined by the Director of the Division of Apprenticeship and Training upon the basis of one (1) Apprentice (or Trainee) for the first journeyman steadily employed, and one (1) additional Apprentice (or Trainee) for every two (2) additional Journeyman steadily employed. (d) Within ten days of the execution of this Agreement the contractor shall submit to the Division of Apprenticeship & Training, and to the Contraction Officer (The Commissioner of the Department of Property and Procurement) a list of the occupations for which Journeymen will he required in the performance of this contract. (e) Veterans of the U.S. Armed Forces shall be given priority with the respect to the hire of Apprentices and Trainees. (f Failure of Contractor to comply with the aforesaid provisions of this section shall be a material breach thereof REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. CO5OSPRC2 I (DVDI) Contractor’s Jnitia1s OPCMR 20 OPCMR GENERAL PROVISIONS Section 22. WARRANTY OF CONSTRUCTION (a) n addition to any other warranties set out elsewhere in this contract, the Contractor warrants that the work performed under this contract confirms to the contract requirements and is free of any defect of equipment, material or design furnished, or workmanship perfonned by the Contractor or any of this subcontractors and suppliers at any tier. Such warranty shall continue fbr a period of one year from the date of final acceptance of the work, but with respect to any part of which the Government takes possession of prior to final acceptance, such warranty shall continue for a period of one year from the date the Government takes possession. Under this warranty, the Contractor shall remedy at his own expense any such failure to confirm or any such defect. In addition, the Contractor shall remedy at his own expense any damage to Government owned or controlled real or personal property, when that damage is the result of the Contractor’s failure to confirm to contract requirement or any such defect of equipment, material, workmanship, or design. The Contractor shall also restore any work damaged repaired or replaced hereunder will run for one year from the date of such repair or replacement. (b) The Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage. (c) Should the Contractor tail to remedy any failure, detect, or damage described in (a) above within a reasonable time after receipt of notice thereof the Government shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the Contractor’s expense. (d) In addition to the rights and remedies provided by this clause, all sub-contractor’s, manufactures’, and suppliers’, warranties expressed or implied, respecting any work and materials shall at the direction of the Government, be enforced by the Contractor for the benefit of the Government. In such case if the Contractor’s warranty under (a) above has expired, any suit directed by the Government to enforce a subcontractor, manufacture or supplier warranty shall be at the expense of the Government. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice. (e) If directed by the Contracting Officer, the Contractor shall require any such warranties to be executed to the Government. (f) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage which results from any such defect in Government furnished material or design. (g) The warranty specified herein shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defets, gross mistake, or fraud. Contractor’s [nitials___________ CO5OSPRC2 I (DVDI) 21 Addendum III Addendum Iii 9/Con (DVDJ) 22 Contractoj. OPCMR Termination of Contracts CONVENIENCE OF THE GOVERNMENT (a) The performance of work under this contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part. whenever the Contracting Officer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specit’ing the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. (h) After receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Contractor shall: (i) stop work under the contract Ofl the date and to the extent specified in the Notice of Termination; (ii) place no further orders or suhcontracts for materials, services or facilities, except as may he necessary for completion of such portion of the work under the contract as is not terminated; (iii) terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; (iv) assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts: (v) settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent, he may require, which approval or ratification shall be final for all the purposes of this clause; (vi) transfer title and deliver to the Government in the manner, at the times, and to the extent, if any, directed by the Contracting Officer (A) the fabricated or unfabricated parts, work in progress, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (B) the completed or partially completed plans, drawings, information, and other property which, if the contract had been completed, would have been required to be furnished to the Government. Contractor’s Initia1s CO5OSPRC2 1 (DVDI) 23 OPCMR (vii) use his best eftbrts to sell, in tile manner, at the times, to the extent, and at the price or prices directed or authorized by the Commissioner of Property and Procurement, any property of tile types referred to in (vi) above; provided, however, that tile Contractor (A) shall not be required to extend credit to any purchaser, and (B) may acquire any such property under the conditions prescribed by and at the price or prices approved by the Commissioner of Property and Procurement and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to tile Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Commissioner of Property and Procurement may direct: (viii) complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and (ix) take such action as may be necessary, or as the Commissioner of Property and Procurement may direct, for the protection and preservatipn of the property related to this contract which is in the possession of tile Contractor and in which the Government has or may acquire an interest. (c) After receipt of the Notice of Termination, the Contractor shall submit to the Commissioner of Property and Procurement his termination claim, in the form and with certification prescribed by the Commissioner of Property and Procurement. Such claim shall be submitted PromPtlY but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Commissioner of Property and Procurement, upon request of tile Contractor made in writing within such one year period or authorized extension thereof. However, if the Commissioner of Property and Procurement determines that the facts justify such action, he may receive and act upon failure of the Contractor to submit his termination claim within tile time allowed, the Commissioner of Property and Procurement may determine, on the basis of information available to him, the amount, if any, due to the Contractor by any reason of tile termination and shall thereupon pay to tile Contractor the amount so determined. (d) Subject to the provisions of paragraph (c), tile Contractor and the Commissioner of Property and Procurement may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not tenuinated. The contract shall be amended accordingly, and the Contractr shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Commissioner of Property and Procurement to agree upon the whole CO5OSPRC2 1(DVDI) Contractor’s Initials__________ 24 amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed to be paid to the Contractor pursuant to this paragraph (d): (e) In the event of the failure of the Contractor and the Commissioner of Property & Procurement to agree as provided in paragraph (d) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, the Commissioner of Property & Procurement shall pay to the Contractor the amounts determined by him as follows, hut without duplication of any amounts agreed upon in accordance with paragraph (d): (I) for completed supplies, materials and equipment or services accepted by the Government (or sold or acquired as provided in paragraph (b) (vii) above) and not theretofore paid for, a sum equivalent to the aggregate price for such supplies or services computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving for freight or other charges; (ii) the total of— (A) the costs incurred in tj performance ofthe work terminated, including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies or services paid or to be paid for under paragraph (e) (i) hereof; (B) the cost settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b) (v) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (A) above; and (C) a sum, as profit on (A) above, determined by the Contracting Officer to he fair and reasonable; provided, however, that if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (C) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and (iii) the reasonable costs of settlement, including accounting, legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontract thereunder, together with reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocable to this contract. CO5OSPRC2I(DVDI) Contractor’s Initials________ OPCMR 25 Addendum 0 Addendum IV Compensation The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Work), agrees to make progress payments based on the Schedule of Values and rnvoices submitted by the Contractor, D.V.D Construction, mc, in accordance with Clause 7 (Payments to Contractor) of the General Provisions. The parties agree that the sum to be paid under this contract is Forty-Four Thousand, One Hundred Twenty Dollars and Zero Cents ($44,120.00). The parties further agree that payments will be made in accordance with services rendered. The final payment is subject to the inspection and acceptance of the project by the Government, the submission of all pertinent warranties, and the Release of Claims. Contractor shall submit a Waiver of Liens or Affidavits of subcontractors who have released the contractor of its obligations. Contractor shall also submit Consent of Surety before final payment and, upon the Government’s request, any other documentation the Government deems necessary. Contractor’s Initials____________ OPCMR CO5OSPRC2 1 (DVDI) 26 Addendum ADDENDUM V Provisionsfrom 2 CFR 200 - Appendix!! 1. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrecs as follows: (I) The Contractor will not discriminatc 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 arc 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 fur 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 Contractor’s Initials___________ OPCMR CO5OSPRC2 l(DVDI) 27 OPCMR (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs () 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 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 he liable to the United States (in the case of Work done under contract for the District of Columbia or a tcrntory, to such District or t 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 rejuest of an authorized representative of the Department of Labor withhold ut 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 s 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 suhcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in aiy 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. CO5OSPRC2 I (DVDI) Contractor’s Initials___________ 28 OPCMR 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 $1 50,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act. (I) 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 (l)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) arc 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. I0, 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 deternined 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, 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. 1 80, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any cont act CO5OSPRC2I(DVDI) Contractor’s Initials__________ 29 OPCMR 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 hid for an award of S 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 fonvarded 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 timefrarne 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!sinmlcornprehensive-proeurement-guideline-cpg-prograrn. 7. 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. CO5OSPRC2 I (DVDI) Contractor’s Initials -- 30