USVI Public Records

Document text

CONSTRUCTION CONTRACT THIS AGREEMENT is made this_20 day of _October_, 2022 in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Property & Procurement, on behalf of the Department of Education (hereinafter referred to as “Government”) and Premier Construction Co., 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 Pressure Washing and Painting, Repairing of Handrails and Cleaning of Guttering and Downspouts at the Music, Phys Ed and Home Economics Buildings at the Joseph Gomez Elementary School on the Islands of 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 H (General Provisions and Warranties together with the additional General Provisions — Construction), Addendum IIT (Termination of Contracts), Addendum IV (Compensation) and Addendum V (Provisions from 2 CFR 200 — Appendix II) attached hereto; and WHEREAS, the Contractor was selected under 31 VIC. § 239(a)(1); and WHEREAS, the Contractor represents that it is willing and capable of providing such services: and NOW THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. SERVICES The Contractor will provide the services described more particularly in Addendum | (Scope of Work) incorporated herein by reference and made a part of this construction contract. 2. TERM The term of this Contract shall be from the date of execution of the Conditional Notice to Proceed by the Commissioner of the Department of Property and Procurement and shall terminate within One Hundred Twenty (120) calendar days thereafter, or in accordance with an agrecd upon extension pursuant to the General Provisions. Upon the date of execution by the Governor of the US Virgin Islands, this Contract shall by effective for the term set out herein. Contract No. PO-22-400-4001-213 1 Contractor’s Initials IFB No. Justification Letter 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 Forty-Four Thousand One Hundred Two Dollars and Zero Cents ($144,102.00) in accordance with the provistons set forth in Addendum IV (Compensation), attached hereto is hereby incorporated by reference and made a part of this contract. 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 forth in Paragraph 2 hereof, One Hundred 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. 3 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 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 tumed over to it at the termination of this Contract, or at the Government’s request, during the lifc 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, Se Contract No. PO-22-400-4001-213 Contractor’s Initials IFB No. Justification Letter 2 sug OPCMR obligations and taxes of Contractor of whatsoever nature, including but not limited to unemployment insurance, gross receipt, excise, and social security taxes for Contractor, its servants, agents or independent contractors. 9. ASSIGNMENT The Contractor shall not subcontract or assign any part of the services under this contract without the prior written 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 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 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 of this Contract shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification, or amendment. Any such waiver, modification, or amendment in any 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. Contract No. PO-22-400-4001-213 Contractor's fey IFB No. Justification Letter 3 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 communications, contracts, or agreements between the partics 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 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 funds and to the approval of the Governor of the US Virgin Islands. 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 LJ- Termination of Contracts for the Convenience of the Government” is hereby fully 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 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 the date upon which such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the ten (10) days’ notice, ” a Contract No. PO-22-400-4001-213 Contractor's Initials Za LFB No. Justification Letter 4 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 services required to perform under this Contract. (b) Contractor further covenants that it is: (1) not a territorial officer or employee (i.¢., 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 thereof; (ii) not made, negotiated or influenced this contract, in its official capacity; and (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 Governor of the US Virgin Islands, This Contract shall be effective for the term set out in Paragraph 2 of this Contract. 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 prepaid or personally delivered, addressed to the parties as follows: GOVERNMENT Anthony D. Thomas Commissioner Department of Property and Procurement 8201 Subbase, Suite 4 Contract No. PO-22-400-4001-213 Contractor’s Initials ZB IFB No. Justification Letier 5 St. Thomas USVI 00802 Dionne Wells-Hedrington Commissioner Nominee Department of Education 1834 Kongens Gade St. Thomas, Virgin Islands 00802 CONTRACTOR Lubin Roberts President Premier Construction Co., Inc. P. O. Box 11762 St. Thomas, 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 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 fully 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 formal 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 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 federal rules and regulations. The parties hereto agree that this coniract shall, in all instances, be governed by the Laws of the Government of the Virgin Islands. Contract No. PO-22-400-4001-213 Contractor’s Initials E IFB No. Justification Leticr 6 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 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 nght 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 CERTIFICATION By execution of this contract, the Contractor certifies that it is eligible to receive contract awards using federally appropriated funds and that it has not been suspended or debarred from entering into contracts with any federal agency. The Contractor shall include this provision in each of its subcontracts hereunder and shall furnish its subcontractors with the current “LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON PROCUREMENT.” In the event the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to payment for any work performed under this contract or any subcontract and that the Contractor or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. Contract No. PO-22-400-4001-213 Contractor’s Initials & IFB No. Justification Letter 7 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, fictitious, or fraudulent claim is a federal offense. 29. DAVIS BACON ACT Contractor hereby agrees that it shall comply with all rulings and interpretations of the 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 III (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 million dollars ($1,000,000.00) for any one person per occurrence for death or personal injury and one million dollars ($1,000,000.00) 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 Govemment Insurance Fund or other form of coverage. Contract No. PO-22-400-4001-213 Contractor’s Initials fe IFB No. Justification Letter 8 IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. GOVERNMENT OF THE VIRGIN ISLANDS Naas ONatuat le» Date: 08/26/2022 _ Dionne Wells-Hedrington, Ed.D. Commissioner Nominee Department of Education Min Dd. Cthrvar— Date: 9/20/2022 Anthony D. Thomas M&T~ Commissioner Department of Property and Procurement aay fay: Ye 2 Date: 2/4 [2 zZ. Lubin Roberts President Premier Construction Co, Inc (Corporate seal, if Contractor is a corporation) APPROVED AS TO LEGAL SUFFICIENCY sy AT THE DEPARTMENT OF JUSTICE BY: { 24 et a Wi Net uti — sistant Attorney General Date 9/23/2022 Purchase Order No. APPROVED PER 31 V.LC. § 239((b) Governor, US Virgin Islands Date: lef, eu >= Zz T Contract No. PO-22-400-4001-213 Contractor's Initials &E IFB No. Justification Letter Addendum | Addendum I Scope of Work Pressure Washing and Painting, Repairing of Handrails and Cleaning of Guttering and Downspouts at the Music, Phys Ed and Home Economics Buildings at the Joseph Gomez Elementary School on the island of St. Thomas, Virgin Islands. Item Item Description Quantity | Unit | Cost Material No Price & Labor 1 Pressure wash Home Economics Building Exterior 3680 SF | $1.50 $5,520.00 2 Paint Home Economics Building Exterior (Paint color will be 3680 SF | $7.50 $27,600.00 determined by VIDE) 3 Scrape Metal Railings on Home Economics Building 76 LF $4.00 $304.00 4 Paint Metal Railings on Home Economics Building with two (2) 76LF | $12.00 $912.00 coats of Black Oil Paint 5 Clean Rain Guttering and Downspouts on Home Economics 310LF | $25.00 $7,750.00 Building. Make sure that all are in good working condition 6 Pressure wash Physical Education Building Exterior 3680 SF | $1.75 $6,440.00 7 Paint Physical Education Building (Paint color will be 3680 SF | $7.50 $27,600.00 determined by VIDE) 8 Clean Rain Guttering and Downspouts on Physical Education 310 LF | $25.00 $7,750.00 Building. Make sure that all are in good working condition a Scrape Security Bars on Physical Education Building 630 SF | $4.00 $2,520.00 10 Paint Security Bars on Physical Education Building with Black 630 SF | $12.00 $7,560.00 Oil Paint 11 Pressure wash Music Building Exterior 3552 SF | $1.50 5,328.00 Contract No. PO-22-400-400 1-213 Contractor’s Initials IFB No. Justification Letter 10 2 aoe sy Sn (oa e SES VE sua OPCMR 12 Paint Music Building exterior (Paint color will be determined by 3552 SF $7.50 $26,640.00 VIDE) 13 Scrape Metal Railings on Music Building 39 LF $22.00 $858.00 14 Paint Metal Railings on Music Building with two (2) coats of 39 LF $22.00 $858.00 Black Oil Paint 15 Clean Rain Guttering and Downspouts on Music Building. Make 310 LF $25.00 $7,750.00 sure that all are in good condition. 16 Scrape Security Bars on Music Building 363 SF $12.00 $4,356.00 17 Paint Security Bars on Music Building with Black Oil Paint 363 SF $12.00 $4,356.00 Grand Total $144,102.00 Contract No. PO-22-400-4001-213 IFB No. Justification Letter 11 conc tits JE Addendum II Addendum II General Provisions and Warranties Additional General Provisions — Construction 1. 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. SPECIFICATIONS AND DRAWINGS The Contractor shall keep on the work a copy of the drawings and specifications and shall at all 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 be 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 furnish 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 weated as a change order under this clause, provided that the Contractor gives the Contracting Officer written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a change order. Contract No. PO-22-400-4001-213 Contractor’s Initials WZ IFB No. Justification Letter 12 pees 5. ¥ nom ¥ ay * %, “tease a ae @* OPCMR (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 for 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 incurred by the Contractor in attempting to comply with such defective specifications. (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. (f) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after 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: (1) 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 of the 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 be allowed unless the Contractor has given the notice required in (a) above; provided, however, the time prescribed therefore may be extended by the Goverment. (c) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. Contract No. PO-22-400-400 1-213 Contractor's Initials Ge IFB No. Justification Letter 13 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 for final completion of the work together with any increased costs occasioned the Government in completing the work. (c) If fixed and agreed liquidated damages are provided in the contract and if the Government does not so terminate the Contractor’s right to proceed, the 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 unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but 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 Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of 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 of 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 findings of facts juatify 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. Contract No. PO-22-400-4001-213 Contractor’s Initials B IFB No. Justification Letter 14 seine a “ ? ony . OPC (e) If, after 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 under the provisions of this clause, or that the delay was excusable under the provisions of this clause, the tights and obligations of the parties shall, if the contract contains a clause provided for termination for convenience of the Government, be the same as if 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 fact within the meaning of the clause of this contract entitled “Disputes.” (f) 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) (1) of this clause, the term ‘Subcontractors or Suppliers’ means Subcontractors or Suppliers at any tier. 6. DISPUTES (a) Except as otherwise provided in this contract, any dispute concerning a question of fact atising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise fumish 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 fraud by such official or his representative or board is alleged: Provided, however, That any such decision shall be 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 afforded 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 question of law, 7. PAYMENTS TO CONTRACTOR (a) The government will pay the contractor price as hereinafter provided. Y, $s Contract No. PO-22-400-4001-213 Contractor's Initial IFB No. Justification Leticr 15 ‘eee OPCMR (b) The Govemment 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 Officer, 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 of 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 be retained 10 percent of the estimated amount until final completion and acceptance of the contract work. However, if the Contracting Officer, at any time after 50 percent of the work has been completed, finds that satisfactory progress is being made, he may authorize any of the remaining progress payments to be made 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 of the contract, on which the price is stated separately in the contract, payment may be made therefore without retention of a percentage. (d) All material and work covered by progress payments made shall thereupon become the sole property of the Government, by this provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which 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, ihe 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, if required, of ali claims against the Government arising by virtue of this contract, other than claims in stated amounts as may be 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 CLAIMS (a) If this contract provides from payments aggregating $1,000 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 thereafter be further assigned and reassigned to any such institution. Any such mea Contract No. PO-22-400-4001-213 Contractor's Initials IFB No. Justification Letter 16 ee a ars 420%e . ‘ > Mbt et Se OPCMR 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 due 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 contract, all equipment, material, and articles 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 shal! not be construed as limited competition, and the Contractor may, at his option, use any equipment, material, article, or process which, in the judgment of the Contracting Officer is equal to that named. The Contractor shail 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 shail be at risk of subsequent rejection. (b) All work under this contract shall 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 inspection or test shall not relieve the Contractor of responsibility for damage to or loss of the maierial prior to acceptance, nor in any way affect the continuing rights of the Government afier acceptance of the completed work under the terms of paragraph (f) of this clause, except as hereinabove provided. Contract No. PO-22~406-400 1-213 Contractor’s Lottiais b Y r IFB No. Justification Letier 17 re ¥. * ~ a Stn > > © _——_. Pa s - _ + war OPCMR te. e, (b) The Contractor shall, without charge, replace any material or correct any workmanship found by the 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 {1) may, by contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the Contractor, 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 Officer. All inspection and test by the Government shall be performed in such manner as not unnecessarily to delay the work. Special, fuli size, and performance tests shall be performed as described in this contract. The Contractor shall be charged with any additional cost of 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 advisable 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 shail, on request, promptly furnish ali 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 of the 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) Uniess otherwise provided in this contract, acceptance by the Government shall be made as promptly as practicable after completion and inspection of ail 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, SUPERINTENDENCE 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 Ciovernment, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable vi Contract No. PO-22-400-400 1-213 Contractor's Initials IFB No. Justification Letter 18 State, and municipal laws, codes, and regulations, in connection with the prosecution of the work. He 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, the workers, the public, and the property of others. He shall also be responsible for all materials delivered and work performed 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 conceming conditions made by any of its officers or 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 contactors and Government employees and carefully fit his own work 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 indemnify the Government and tis officers, agents, and employees against liability, including costs and expenses, arising out of the performance of this contract or out of the use or disposal by or for the account of the 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 prompily furnish such additional security as may be 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 CONTIGENT 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 fide 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 fo annul this contract yp ut Contract No. PO-22-400-400 1-213 Coniracior’s Initials TFB No. Justification Leticr 1S atny Cy 2 a > “iWin? %, My, sua OPCMR liability or in its discretion to deduct from the contract price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 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. 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 be placed with smali business concerms. (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor finds to be 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 performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract. No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the Contactor shall have notified the Contracting Officer in writing of the act or failure 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 afler the termination of such suspension, delay, or interruption but not later than the date of final payment under the contract Contract No, PO-22-400-4001-213 Contractor's Initials W TFB No. Justification letter 206 GENERAL PROVISIONS Section 22. WARRANTY OF CONSTRUCTION (a) In 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 performed by the Contractor or any of this subcontractors and suppliers at any tier. Such warranty shall continue\e for a period of one year from the date of final acceptance of the work, but with respect to any part of the which the Government takes possession of prior to final acceptance, such warranty shal! 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 conirolled 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 wili 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 fail to remedy any failure, detect, or damage described in (a) above within a reasonable time after receipt of notice thereof the Gevernment shal! 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-contractors, 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, manufactures or suppliers warranty shal! 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 Contactor or his subcontractors or suppliers al any lier, the Contractor shal) not be liable for the repair of any defects of material or design furmshed by the Government nor for the repair of any damage which results from any such defect in Government furnished material or design. (gz) The warranty specified herein shal! not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistake, or fraud. Y Contract No. PO-22~100-4001-213 Contracior’s Initials IFB No. Justification Letter 21 pean as , a .. 4 219 : “SE ue = Se, ed ies OPCMR 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 or the performance of the work hereunder, the total number of which shail be determined by the Director of the Division of Apprenticeship and Training upon the basis of one 1) Apprenti x Trai for the first journeyman steadil loyed. and one (1 dition 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 be 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. INTENTIONALLY LEFT BLANK Contract No, PO-22-400-400]-213 Contractor’s Initials Vy IFB No, Justification Letter 22 Addendum III Addendum [Il 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 shail 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 specifying the extent to which performance by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. (i) After receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Contractor shall (ii) | stop work under the contract on the date and to the extent specified in the Notice of Termination: (iii) place no further orders or subcontracts for materials, services or facilities, except as_ may be necessary for completion of such portion of the work under the contract as is not terminated; (iv) terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination: (v) 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 ali claims arising out of the termination of such orders and subcontracts; (vi) settle all outstanding fiabilities 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 tinal for ail the purposes of this clause; (vii) transfer title and deliver to the Government in the mannet, al Lhe limes, and to the extent, if any, directed by the Contracting Officer (A) the fabricated or unfabricated p rk Contract No. PO-22-400-400 1-213 Contractor's {nitials 1FB No. Justification Letter 23 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. (viii)use his best efforts to sell, in the 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 the types referred to in (vi) above; provided, however, that the 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 the 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; (ix) complete performance of such part of the work as shall not have been terminated by the (b) {c) Notice of Termination; and (x) take such action as may be necessary, or as the Commissioner of Property and Procurement may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Government has or may acquire an interest. 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 submitied 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 the 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 aci upon failure of the Contractor to submit his termination claim within the 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 the termination and shail thereupon pay to the Contractor the amount so determined. Subject to the provisions of paragraph (¢), the Contractor and the Commissioner of Property and Procurement may agtee upon the whole or any pari 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 WA Contract No. PQ-22?-400-4001-213 Contractor’s Initials IFB No. Justification Letter 24 (d) ata 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 terminated. The contract shall be amended accordingly, and the Contractor 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 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): 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, but 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 the performance of the 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 ihe 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 Ollicer to be 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 Contract No. PO-22~400-4001-213 Contractor's vitae LE IFB No. Justification Letter 25 ae OPCMR 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. INTENTIONALLY LEFT BLANK Contract No. PO-22-400-4001-213 ran eine eae IFB No. Justification Letter 26 Addendum IV 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 invoices submitted by the Contractor Premier Construction Co., Inc. in accordance with Clause 7 (Payments to Coniractor) of the General Provisions. The parties agree that the sum to be paid under this contract is One Hundred Forty-Four Thousand One Hundred Two Dollars and Zero Cents ($144,102.00). 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 shal! 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. Contract No. PO-22-400-400 L-213 Contractor's {nitials Me. IFB No. Justification Letter 27 Addendum V ADDENDUM V Provisions from 2 CFR 200 - Appendix IT 1. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discrimimate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that during employment, employees are ireated without regard to their race, color, religion, sex, or national origin. Such action shail 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 nondiscnmination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the admimistering 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 nondiscnimination 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 im accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions Contract No. PO-22-400-4001-213 Contractor’s Initials V4 IFB No. Justification Letter 28 Sted On Shin . we tang tf PCMR 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. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 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 be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Department of Labor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. va Contract No. PO-22-400-4001-213 Contractor's Initials {FB No. Justification Letter 29 = ' ~ - ar eee . * p< Say ue OPCMR *’ a) “Sey (4) Subcontracts. The contractor or subcontractor shal! insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 3. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act. (1) The contractor agrees to comply with ali applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 e7 seg. (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 viclation as required to assure notification to the Government, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the DPNR and understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the Government, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal Emergency Management Agency. 4. SUSPENSION AND DEBARMENT (1) This Contract 1s a covered transaction for purposes of 2 CFR. pt. 180 and 2 CFR. pt. 3000, As such the Contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 CFR. § 180,940) or disqualified (defined at 2 C.F.R. § 180.935). Contract No. PO-22-400-4001-213 Contractor's Initiald BL TFR No. Instification I ctter a6 wages * Sue . —_<, > + ©, so -* ~ sen 7 OPCMR (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C_F_R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the Government. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C_F.R. pt. 3000, subpart C, in addition to remedies available to the Government, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F_R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the penod of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 5. BYRD ANTI-LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Government. 6. PROCUREMENT OF RECOVERED MATERIALS (i) in the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (1i) 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. zov/smm/comprehensive-procuremeni-cuideline-cpg-program Contract No. PO-22~400-4001-213 Coniracior’s fritials Z, IFB No. Justification Letter 31 Pot td Bo ¢ % a I ene ae Be “tiny ae tag OPCMR 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 Contract No. PO-22-400-4001-213 Contractor's Initials GE IFB No. Justification Letter 32 : . ae The undersigned / ‘ Aine A & bsp Lecertifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shali complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered. Submission of this certification is a prerequisite for making or entering this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, ho mierr Consx Co. Tas ¢, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 ef seq., apply to this certification and disclosure, if any. - Contractor's Authorized Official Lithia Koberts fnesiclenr Name and Title of Contractor’s Authonzed Official Dat B/4 (2k Contract No. PO-22-400-4001-213 Contractor's Initials 7Z, IFB No. Justification Letter 33 Corporate Documents _X__ Business License _X Certificate of Liability Insurance _X__ Endorsement Page _X__ Government Insurance Coverage _X__ Certificate of Good Standing _X__ Sam.Gov Registration ___ Articles of Organization _X__ Articles of Incorporation _X__ Corporate Resolution ___ Memorandum Authorizing Signatory on Expires: 10/31/2022 Expires: 11/02/2022 Expires: 11/02/2022 Expires: 12/31/2022 Expires: 06/30/2023 Expires: 11/6/2022 Dated: Dated: 05/24/2006 Dated: 06/28/2022 Letterhead fi Surya ™ THE GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF LICENSING AND CONSUMER AFFAIRS PROFESSIONAL LICENSE KNOW ALL BY THIS PRESENT That, in accordance with the applicable provisions of Title 3 Chapter 16 and Title 27 V.LC. relating to the licensing of businesses and occupations, and compliance having been made with the provisions of 10 VLC. Sec. 41 relating to the Civil Rights Act of the Virgin Ilands. the following license is hereby granted. Licences: PREMIER CONSTRUCTION C6., INC. Trade Name: PREMIER CONSTRUCTION CO., INC. Mailing Address Physical Address P.O. BOX 11762 #69 SUB BASE CHARLOTTE AMALIE CHARLOTTE AMALIE ST. THOMAS VI 00801 ST. THOMAS VI 00802 Business No: «3873 License No: 41-3873-1B Types of Licensef{s) General Construction Co. As provided by law, the authorized licensing authority shall have the power to revoke or suspend any License issued hereunder, upon finding, after notice and adequate hearing, that such revocation or suspension is in the public interest, provided, that any persons aggrieved by any such decision of this office shall be entitied to a review of the same by the Territorial Court upon appeal made within (30) days from the date of the decision, provided, further, that all decisions of this office hereunder shall be final except upon specific findings by the Court P that the same was arrived at by fraud or illegal means. Be cerita oF AG Taree Dae he EE tee GL GS a, We Seman office. It is the responsibility of the Licensee to notify the Department in writing within (30) days, when a license is to be cancelled or placed in inactive status. Failure to do so will See ns Pee een law. Valid from 11/01/2021 until 10/31/2022 Printedon 12/29/2021 Fee 130.00 Commissioner, Department of Licensing and Consumer Affairs THIS LICENSE MUST BE PROMINENTLY DISPLAYED AT PLACE OF BUSINESS Business Entity No. 563912 Ss i. ATES" mee Goverment of The United States Virgin Islands -O- Office of the Lieutenant Governor Division of Corporations & Trademarks CERTIFICATE OF GOOD STANDING To Whom These Presents Shall Come: I, the undersigned Lieutenant Governor the United States Virgin Islands, do hereby certify that PREMIER CONSTRUCTION CO., INC. has filed in the Office of the Lieutenant Governor the requisite annual reports and statements as required by the Virgin Islands Code, and the Rules and Regulations of this Office. In addition, the aforementioned entity has paid all applicable taxes and fees to date, and has a legal existence not having been cancelled or dissolved as far as the records of my office show. Wherefore, the aforementioned entity is duly formed under the laws of the Virgin Islands of the United States, is duly authorized to transact business, and, is hereby declared to be in good standing as witnessed by my seal below. This certificate is valid through June 30th, 2023. Entity Type: Domestic Profit Corporation Entity Status: In Good Standing Registration Date: 05/24/2006 Jurisdiction: United States Virgin Islands, United States Witness my hand and the seal of the Government of the United States Virgin Islands, on this 1st day of July, 2022. Vi yey 1K Ve nl Tregenza A. Roach Lieutenant Governor United States Virgin Islands ) ® ACORYD mt CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 11/2/2021 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATI BELOW. THIS CERTIFICATE OF INSURANCE DOES N REPRESENTATIVE OR PRODUCER, AND THE CERTIFI CATE HOLDER. MATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder is an ADDITION the terms and conditions of the policy, certificate holder in lieu of such endorsement(s). AL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER Inter Ocean Insurance 9800 Buccaneer Mall Suite 12 CONTACT NAME: Joycelyn A.C. Claxton Agency, St. Thomas LLC. PHONE (340) 774-2999 tA No): (340) 774-2899 [E-MAIL ADDRESS: j .claxton@interoceaninsurance.com INSURED'S OPERATION, *GENERAL CONTRACTOR* DEDUCTIBLES: $2,500 BODILY INJURY/ $2,500 PROPERTY DAMAGE. DEFENSE COSTS ARE INCLUDED IN LIMTS OF INSURANCE. MINIMUM EARNED PREMIUM 25%. INSURER(S) AFFORDING COVERAGE NAIC # St. Thomas, VI 00802-2409 INSURERA: Certain Underwriters at Lloyd's RISURER INSURER B: Premier Construction Company INSURER C : P.O Box 11762 INSURER D : INSURER E : St. Thomas, VI 00801-1762 INSURER F : COVERAGES CERTIFICATE NUMBER:CL1581004372 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL |SUBR POLICYEFF | POLICYEXP LTR TYPE OF INSURANCE dil POLICY NUMBER (MM/DDIYYYY) | (MM/DDIYYYY) LIMITS X | COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE OCCUR PREMISES (Ea occurrence $ 50,000 x P200308/1651 11/02/2021 | 11/02/2022 | wep Exp (Any one person) 3 1,000 PERSONAL & ADV INJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 POLICY ya Loc PRODUCTS -COMP/OPAGG | $ 1,000,000 OTHER: $ AUTOMOBILE LIABILITY FMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) | $ r ALL OWNED SCHEDULED ; AUTOS AUTOS NOT COVERED BODILY INJURY (Per accident) | $ NON-OWNED PROPERTY DAMAGE § HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE s EXCESS LIAB CLAIMS-MADE NOT COVERED AGGREGATE $ DED | | RETENTION $ — = S$ WORKERS COMPENSATION TH AND EMPLOYERS' LIABILITY rie siauz | [es ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? [ ] NIA (Mandatory in NH) NOT COVERED E.L. DISEASE -EA EMPLOYEE | $ i deseri di DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY Limit | NOT COVERED DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Ad: ial Remarks Sch le, may be attached if more space is required) CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED ONLY WITH RESPECTS TO THEIR INTEREST WITH NAMED CERTIFIGATE HOLDER CANCELLATION ST. THOMAS, VI GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF EDUCATION 1834 KONGENS GADE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE GANGELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAT . 00802 ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). lf SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) INSO25 (200301) POLICY NUMBER:B1115P200308/1651 COMMERCIAL GENERAL LIABILITY CG DS 01 10 01 COMMERCIAL GENERAL LIABILITY DECLARATIONS CERTAIN UNDERWRITERS AT LLOYD’S INTER-OCEAN INSURANCE AGENCY, INC. NAMED INSURED: PREMIER CONSTRUCTION COMPANY MAILING ADDRESS: P.O. BOX 11762 ST. THOMAS, Vi 00801-1762 POLICY PERIOD: FROM 11/02/2021 TO 11/02/2022 AT 12:01 A.M. TIME AT YOUR MAILING ADDRESS SHOWN ABOVE IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT $ 1,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT g 50,000 Any one premises MEDICAL EXPENSE LIMIT $ 1,000 Any one person PERSONAL & ADVERTISING INJURY LIMIT $ 1,000,000 Any one person or organization GENERAL AGGREGATE LIMIT $ 1,000,000 PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT $ 1,000,000 RETROACTIVE DATE (CG 00 02 ONLY) THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY", "PROPERTY DAMAGE" OR "PERSONAL AND ADVERTISING INJURY" WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN BELOW. RETROACTIVE DATE: (ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES) DESCRIPTION OF BUSINESS FORM OF BUSINESS: O1 INDIVIDUAL 0 PARTNERSHIP D JOINT VENTURE O TRUST QO LIMITED LIABILITY COMPANY X ORGANIZATION, INCLUDING A CORPORATION (BUT NOT INCLUD- ING A PARTNERSHIP, JOINT VENTURE OR LIMITED LIABILITY COMPANY) BUSINESS DESCRIPTION: GENERAL CONTRACTOR — BUILDING CONSTRUCTION COMMERCIAL & RESIDENTIAL CG DS 01 10 01 © ISO Properties, Inc., 2000 Page 1 of 2 ALL PREMISES YOU OWN, RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY 4 69 SUBBASE, ST. THOMAS, Vi 00802 CLASSIFICATION AND PREMIUM LOCATION CLASSIFICATION CODE | PREMIUM RATE ADVANCE PREMIUM NUMBER NO. BASE Pre | Prod/Comp Prem/ | Prod/Comp mi Ops Ops Ops Ops 1. GENERAL CONTRACTOR 95333 |S GROSS $ $ $ $ STATE TAX OR OTHER (if applicable) $ TOTAL PREMIUM (SUBJECT TO AU- DIT) $ 22,828.00 PREMIUM SHOWN IS PAYABLE: AT INCEPTION $ 22,828.00 AT EACH ANNIVERSARY $ (IF POLICY PERIOD iS MORE THAN ONE YEAR AND PREMI- UM IS PAID IN ANNUAL INSTALLMENTS) AUDIT PERIOD (iF APPLICABLE) O ANNUALLY |O.SEMI- |O QUARTERLY O MONTHLY ANNUAL- LY ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY: SEE ATTACHED ENDORSEMENT “A” THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. OS Countersigned: 12/01/21 By: (Date) (Authorized Representative) NOTE OFFICERS' FACSIMILE SIGNATURES MAY BE INSERTED HERE, ON THE POLICY COVER OR ELSE- WHERE AT THE COMPANY'S OPTION. Page 2 of 2 © ISO Properties, Inc., 2000 CG DS 01 10 01 POLICY NUMBER:B1115P200308/1651 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) 1. Government of The Virgin Islands Department Sports, Parks and Recreation Subbase #1 2"4 FL, St. Thomas, VI 00802 2. Government of The Virgin Islands Department of Education 1834 Kongens Gade, St. Thomas, VI 00802 3. St. Thomas Federal Credit Union 5027 Norre Gade, St. Thomas, VI 00802 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section ll — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organ- ization(s) shown in the Schedule, but only with re- spect to liability for “bodily injury", "property damage" or “personal and advertising injury” caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations: or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 | Sexisannioran jason ten eres | i Hit THE UNITED STATES VIRGIN ISLANDS Date: JANUARY 20, 2022 Office of the Custodian, Government Insurance Fund DEPARTMENT OF FINANCE Certificate of Government Insurance Coverage I certify that the employer PREMIER CONSTRUCTION COMPANY INC. Has filed with the Custodian of the Government Insurance Fund, the Employer's Report to the Commissioner of Finance and paid the required premium in accordance with the provision of Title 24 Chapter 11, Section 273, of the Virgin Islands Code, and accordingly is entitled to the rights And benefits of the insurance coverage established by law. The risk of this employer is covered By policy 10531 or the period from JANUARY OL, 2022 to DECEMBER 31, 2022 NAME & ADDRESS OF EMPLOYER PREMIER CONSTRUCTION COMPANY INC. fbhey Ge tes P.O, BOX 11762 | ST. THOMAS, VI 00801 Anthony J. Selkridge Director, Government Insurance Fund 1D: 563912 La “CATION Dale Filed: oa 4{2006 12:00 AM ll 4% (eave Sotetna YR. i Se inant Governor RECEIVED ARTICLES OF INCORPORATION OF 26MAY 24 PH 3:02 PREMIER CONSTRUCTION CO., INC CGRPUNATIDNS together by these Articles of sae We, the undersigned, being all of lawful age, unite incorporation to form a stock corporation pursuant to the General Corporation Law of the United States Virgin Islands. ARTICLE |} The name of the Corporation is PREMIER CONSTRUCTION CO,, INC. ARTICLE Il The purposes for which the corporation Is formed are to do any and all of the following things, as fully and lo the same extent as natural persons might or could do, in any part of the world: (a) To impott, export, wholesale, retail, acquire, own, maintain, manage, improve, develop, operate, lease as Lessee Or Lessor, convey, sell or mortgage any OF all the businesses associated with all types of seafood products, courier services, transportation, construction, night clubs, general merchandise, gold jewelry, music and music schools, equipment rental, communications, equipment operator, travel agency, boat charter, sailing school, water sports, !and development, guest houses, restaurants, marinas, boatyards, ‘urniture manufacturing, storehouses and Jumber yard including the importing of goods and nerchandise for retail or wholesale. (b) To carry on any other business which may seem to the corporation capable of ‘eing conveniently carried on in this connection with any business of the corporation 6F alculated directly or Indirectly to enhance the value of or render more profitable any of the orporation’s property or assets. Territory of the U.S, Virgin Islands Creation - Corporation - Domestic 6 Page(s) il Un In ee ee 4 (c) To lend money on any terms that may be thought fit and to give any guarantee that may be deemed expedient. (d) To act as managing agent for other bodies or persons, whether corporate or not, to conduct enterprises and hanes ventures of all types on their behalf, to receive management, consultancy and liaison commissions and fees from such bodies in all parts of the world. (e) To do business under fictitious names; to become a member of joint ventures, associations, general and limited partnerships, trusts and any other form of business by purchase, investment, affiliation or otherwise. (f} To engage in any lawful act or activity for which corporations may be organized under the General Corporation law of the United States Virgin Islands. (g) Todo all and everything necessary, suitable and proper for the accomplishment of any of the pints or the attainment of any of the objects or the exercise of any of the powers herein set forth, either alone or in connection with other firms, individuals, associations, dr corporations in the United States Virgin Islands and in the United States of America and in oreign countries, and to do any other acts or things incidental or appurtenant to or growing out if or connected with the said business purposes, objects, and powers or any part thereof not yeonsistent with the laws of the United States Virgin Islands, and to exerclse any and all owers now or hereafter conferred by law on business corporations whether expressly 7aumerated herein or not. The foregoing clauses shall be construed both as purposes and powers, and Itis hereby . ‘pressly provided that the foregoing enumeration of specific powers shall not be held to limit or strict In any manner the powers of the corporation. The purposes, objects and powers ecified in this Article shall not be limited or restricted by reference to the terms of any other bdivision or of any other Article of these Articles of Incorporation. ARTICLE ll The Resident Agent of the Corporation shail be Vincent Roberts, whose address is 14 Estate Thomas N-6, Apt. 2,°St. Thomas, Virgin Islands 00802. ARTIGLE IV The total numberof shares of stock which the corporation shall have the authority to issue is one thousand (1,000) shares of capital stock, all of which shall be One Dollar ($1.00) par value. ARTICLE V The principal office of the corporation in the United States Virgin Islands shall be located at #69 Subbase, St. Thomas, Virgin Islands, and the mailing address is Post Office Box 11762, St. Thomas, Virgin Islands 00801. ARTICLE VI The minimum amount of capital with which the corporation shall commence business shall be One Thousand Dollars ($1,000.00). ARTICLE VII The number of Directors of the Corporation shall be such number, not fewer than three, as may from time to time be fixed by the By-laws of the Corporation. Election of Directors by ballot as provided for by Title 13, Section 191 of the Virgin Islands Code, shall be deemed waived and not required at any meeting of the stockholders for the Election of Directors unless the officer presiding al such meeting orders such election to be by ballot or unless election by © pallot is required by stockholders present at such meeting in person or by proxy holding of -ecord one-third (1/3) or more of the outstanding shares of stock represented at such meeting and entitled to vote for Election of Directors. -4- ARTICLE Vill The names and places of residence of the persons forming the Corporation are: Brian Roberts ' 9-0 Bonne Esperance St. Thomas, Virgin Islands Vincent Roberts 14 N-6 Estate Thomas, Apt. 2 St. Thomas, Virgin Islands Delrease P. Roberts 8 Bonne Esperance St, Thomas, Virgin Islands The duration of the existence of the Corporation shall be perpetual, ARTICLE X 7 The Board of Directors is authorized from time to time to make and adopt By-laws, subject to the right of the majority of the stockholders to amend, repeal, alter or modify such By-. laws. . ARTICLE Xl The Corporation shall indemnify any and ail persons who may serve or who have served at any time as Directors or Officers, or who at the request of the Board of Directors of the Corporation may serve or any time have served as Directors or Officers of another corporation in which the corporation at such time owed or may own shares of stock or of which It was or nay be a creditor, and their respective heirs, administrators, successors and assigns, against any and all expenses, including amounts pald upon judgments, counsel fees, and amounts paid n settlement (before or after suit is commenced) actually and necessarily Incurred by such yersons in connection with the defense or settlement of any claim, action, sult or proceeding in vhich they, or any of them, are made parties, or a party, or which may be asserted against nem or any of them, by reason of being or having been Directors or Officers of a corporation, -5- except in relation to matters as to which any such Director or Officer or former Director or Officer or person shall be adjudged in any action, suit or proceeding to be liable for his own negligence, or misconduct in the performance of his duty. Such indemnification shall be in addition to any other rights to whiclt those indemnified may be cntitled under any law, Bylaw, agreement, vote or stockholders, or otherwise. IN WITNESS WHEREOF, we have made, signed and acknowledged these Articles of Ze Incorporation this 2”?/_ day of Fttce, , 2006. Brjan Roberts Vincent Roberts Delrease P. Roberts TERRITORY OF THE VIRGIN ISLANDS __ ) DIVISION OF ST. THOMAS & ST. JOHN +) SS: The foregoing Instrument was acknowledged before me this 2h day of Yau , 2006, by Bridn Roberts, Vincent Roberts and Delrease P. Roberts. ~ # otary Public 7. Premier Construction Co., Inc.. 5» Bae 43705 P.O, Box 11782 Tal Wr.cor_ 4302 Fel, 240-605-4336 CERTIFICATE OF RESOLUTION I, the tegen reese? Rierh Secretary of Homer Ger G. Dre, a [INSERT State of Formation] [INSERT Type of Company] (hereinafter “Company”) hereby do certify to the Government of the Virgin Islands, Department of Education, that the Company is, and all time herein relevant, was duly qualified and in good standing under the laws of the [INSERT State of Formation}, and that the following resolution was duly adopted by the [INSERT Board of Directors, Managing Members. or Governing Body] of the Company the 2 a day of Juve and that said actions herein described are permitted by the [INSERT Articles of Organization or Incorporation] and [Any other governing document - MUST ATTACH if referenced] of the Company, true and correct copies of which are attached hereto: RESOLVED, that the Company is authorized to execute and deliver a contract between the Company and the Government of the Virgin Islands under the terms of which the Company shail perform a contract for professional services; and it is further RESOLVED, thatva7 Roberts te @5__ (INSERT TITLE ie. President/Managing Member], acting singly [or jointly ~ Add other person’s information] is hereby authorized and directed on behalf of the Company to execute and enter into contract negotiations, contracts, or contract amendments between the Company and the Government of the Virgin Islands, Department of Education, for the purpose of business iransactions, and to provide any other related document which may be required by the Government of the Virgin Islands, Department of Education. SIGNED: Noto “Kebate prerctoy DATE: ty (2, MOUd INSERT NAME , INSERT TITLE PREMIER CONSTRUCTION COMPANY INC. Unique Entity ID TLNUQRNXYFJ7 CAGE / NCAGE 8DNR1 Purpose of Registration All Awards Registration Status Active Registration Expiration Date Nov 6, 2022 Physical Address Bonne Esperance 8 West End Qtr St Thomas, Virgin Islands 00802 United States Mailing Address PO Box 11762 St. Thomas, Virgin Islands 00801 United States Business Information Doing Business as (blank) Division Name (blank) Division Number (blank) Congressional District Virgin Islands 98 State / Country of Incorporation Virgin Islands / United States URL (blank) Registration Dates Activation Date Oct 21, 2021 Submission Date Oct 7, 2021 Initial Registration Date Jun 30, 2019 Entity Dates Entity Start Date May 24, 2006 Fiscal Year End Close Date Dec 31 Immediate Owner CAGE (blank) Legal Business Name (blank) Highest Level Owner CAGE (blank) Legal Business Name (blank) Executive Compensation Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management (SAM) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2.C.F.R. 200 Appendix XII. Their responses are not displayed in SAM. They are sent to FAPIIS.gov for display as applicable. Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions. Exclusion Summary Active Exclusions Records? No SAM Search Authorization I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes Entity Types Business Types Entity Structure Corporate Entity (Not Tax Exempt) Entity Type Business or Organization Organization Factors (blank) Profit Structure For Profit Organization Last updated by Lubin Roberts on Oct 07, 2021 at 03:28 PM PREMIER CONSTRUCTION COMPANY INC. https://sam.gov/entity/TLNUQRNXYFJ7/coreData?status=Active Socio-Economic Types Minority Owned Business Self Certified Small Disadvantaged Business Veteran Owned Business Black American Owned Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Financial Information Accepts Credit Card Payments Yes Debt Subject To Offset No EFT Indicator 0000 CAGE Code 8DNR1 Points of Contact Electronic Business Lubin Roberts PO Box 11762 St. Thomas, Virgin Islands 00801 United States Government Business Lubin Roberts PO Box 11762 St. Thomas, Virgin Islands 00801 United States Service Classifications NAICS Codes Primary Yes NAICS Codes 236220 NAICS Title Commercial And Institutional Building Construction 236115 New Single-Family Housing Construction (Except For-Sale Builders) 236116 New Multifamily Housing Construction (Except For-Sale Builders) 236118 Residential Remodelers 236210 Industrial Building Construction Product and Service Codes PSC PSC Name Y1AA Construction Of Office Buildings Y1AZ Construction Of Other Administrative Facilities And Service Buildings Y1CA Construction Of Schools Y1CZ Construction Of Other Educational Buildings Y1EA Construction Of Ammunition Facilities Y1FA Construction Of Family Housing Facilities Y1FB Construction Of Recreational Buildings Y1FD Construction Of Dining Facilities Y1FZ Construction Of Other Residential Buildings Y1GZ Construction Of Other Warehouse Buildings Y1JZ Construction Of Miscellaneous Buildings Y1LZ Construction Of Parking Facilities Y1PA Construction Of Recreation Facilities (Non-Building) Y1PC Construction Of Unimproved Real Property (Land) Y1PZ Construction Of Other Non-Building Facilities Last updated by Lubin Roberts on Oct 07, 2021 at 03:28 PM PREMIER CONSTRUCTION COMPANY INC. https://sam.gov/entity/TLNUQRNXYFJ7/coreData?status=Active Y1QA Construction Of Restoration Of Real Property (Public Or Private) Z1AA Maintenance Of Office Buildings Z1AB Maintenance Of Conference Space And Facilities Z1CA Maintenance Of Schools Z1CZ Maintenance Of Other Educational Buildings Z1DA Maintenance Of Hospitals And Infirmaries Z1DB Maintenance Of Laboratories And Clinics Z1DZ Maintenance Of Other Hospital Buildings Z1EB Maintenance Of Maintenance Buildings Z1EZ Maintenance Of Other Industrial Buildings Z1FA Maintenance Of Family Housing Facilities Z1FB Maintenance Of Recreational Buildings Z1FC Maintenance Of Troop Housing Facilities Z1FD Maintenance Of Dining Facilities Z1FE Maintenance Of Religious Facilities Z1FZ Maintenance Of Other Residential Buildings Z1GD Maintenance Of Open Storage Facilities Z1GZ Maintenance Of Other Warehouse Buildings Z1JZ Maintenance Of Miscellaneous Buildings Z2AA Repair Or Alteration Of Office Buildings Z2AB Repair Or Alteration Of Conference Space And Facilities Z2CA Repair Or Alteration Of Schools Z2CZ Repair Or Alteration Of Other Educational Buildings Z2DA Repair Or Alteration Of Hospitals And Infirmaries Z2DB Repair Or Alteration Of Laboratories And Clinics Z2DZ Repair Or Alteration Of Other Hospital Buildings Z2EB Repair Or Alteration Of Maintenance Buildings Z2EC Repair Or Alteration Of Production Buildings Z2EZ Repair Or Alteration Of Other Industrial Buildings Z2FA Repair Or Alteration Of Family Housing Facilities Z2FB Repair Or Alteration Of Recreational Buildings Z2FC Repair Or Alteration Of Troop Housing Facilities Z2FD Repair Or Alteration Of Dining Facilities Z2FE Repair Or Alteration Of Religious Facilities Z2FZ Repair Or Alteration Of Other Residential Buildings Z2GD Repair Or Alteration Of Open Storage Facilities Z2GZ Repair Or Alteration Of Other Warehouse Buildings Z2JZ Repair Or Alteration Of Miscellaneous Buildings Last updated by Lubin Roberts on Oct 07, 2021 at 03:28 PM PREMIER CONSTRUCTION COMPANY INC. https://sam.gov/entity/TLNUQRNXYFJ7/coreData?status=Active Disaster Response Yes, this entity appears in the disaster response registry. Bonding Levels Dollars (blank) (blank) States Virgin Islands Counties (blank) Metropolitan Statistical Areas (blank) Last updated by Lubin Roberts on Oct 07, 2021 at 03:28 PM PREMIER CONSTRUCTION COMPANY INC. https://sam.gov/entity/TLNUQRNXYFJ7/coreData?status=Active