USVI Public Records

Document text

CONSTRUCTION CONTRACT THIS AGREEMENT is made this21st. day of _April , 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 Dionisio Lorenzo d/b/a Dion Construction (hereinafter referred to as “Contractor’”). WITNESSETH: WHEREAS, the Government entered into Contract No. CO16DOEC21(DLDC) with the. Contractor on February 18, 2021, for the Repair and Renovations at the: Department of Education School Lunch Warehouse on the Island of St. Croix, U.S. Virgin Islands; and. WHEREAS, the period of performance.in Contract No. CO016DOEC21(DLDC) expired before the completion of the Scope of Work therein; and WHEREAS, the Government still needs to;complete the Repair-and Renovations at the Department of Education School Lunch Warehouse on the island of St. Croix, U.S. Virgin Islands, which remains incomplete under CO16DOEC21(DLDC), 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 dT (General Provisions and Warranties together with the additional General Provisions — Construction), Addendum IT (Termination of Contracts), and Addendum IV (Compensation) attached hereto; and WHEREAS, the Contractor was selected in. accordance with 31 V.LC. §239(a)(8) to complete. the work which remains incomplete’ from Construction Contract No. C016DOEC21(DLDC); and ‘WHEREAS, the Contractor represents that it is willing and capable of providing such services; . 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 I (Scope of Work) incorporated herein by reference and made a part of this construction. contract. Contract No. CO10DOEC22(DLDC) | - fy 7 for completion of work from CO16DOEC21(DLDC) Contractor’s {nitials_' 2. TERM This Contract shall commence upon execution by the Commissioner of the Department of Property and Procurement and shall terminate within one hundred fifty (150) calendar days from the issuance of the formal Notice to Proceed, or in accordance with an agreed upon extension pursuant tothe General Provisions. 3. COMPENSATION The Government, in consideration of satisfactory performance of the services described in Addendum I, agtees to pay the Contractor the sum of Seventy Thousand, Eight Hundred Fifty- Seven Dollars and Fifty Cents ($70,857.50) in accordance with the provisions. set forth in Addendum IV (Compensation), attached-hereto is hereby incorporated by reference-and. made-a part of this contract. . 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, Seventy-Five Dollars ($75.00) for each calendar day or portion thereof shall be due the Government. The liquidated damages shall first be deducted from any contract monies. due, but not yet paid to the extent available, 5. RECORDS The Contractor will present documented, precise records of time and/or money expended under this Contract. 6. PROFESSIONAL. STANDARDS The Contractor agrees to. maintain the professional standards applicable to its profession and to Contractors doing business in the United States 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 pettaining. to this Contract shall become the property of the Government and shall be turned over to it at the termination of this Contract,.or at the Government’s request, during the life of the contract. The above-described materials shall not be used by Contractor or by any other person or entity except upon the written permission: of the Government. Contract No. CO10DOEC22(DLDC) ( for completion of work from C016DOEC21(DLDC) Contractor’s Initials 24 8. LIABILITY OF OTHERS Nothing in this. Contract shall be construed to impose any liability upon Government to persons, firms, ‘associations, or corporations engaged by Contractor as servants, agents, independent contractors, or in any other capacity whatsoever, or make: the Government liable. to any such persons, firms, associations or corporations for the acts, omissions, responsibilities, obligations and taxes of Contractor of whatsoever. nature, including but not limited to unemployment insurance, gross receipt, excise, and social security taxes for Contractor, its servants, agents or independent contractots. 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. ENDEPENDENT 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 fio 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. COI0DOEC22(DLDC) /) for completion of work from C01 6DOEC21(DLDC). Contractor’s Initials 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 parties with respect to the subject matter addressed in-this Agreement, whether written or oral. 15. RIGHT TO WITHHOLD If work under this Contract’ is not performed in accordance with the terms, hereof, Government will have the right to withhold out of any payment due to: Contractor, such sums.as the Government may deem ample .to protect it against loss or to assure payment of claims arising therefrom, and, at its option, the Government may apply such sums in such manner as the Government may deem proper to secure itself or to satisfy such claims. The 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 Commissioner. 17. TERMINATION Either Party will have the right to terminate this contract with cause.on ten (10) days written notice to the other party specifying the date of termination. The attached “Addendum. III- Termination of Contracts for the Convenience of the Government” is hereby fully incorporated herein by reference and is made a part of this.agreement. 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. Contract No. C010DOEC22(DLDC) xy for completion of work from CO16DOEC21(DLDC) Contractor’s Initials Le = 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.e., the Governor, Lieutenant Governor, member of the Legislature or any other elected territorial official; or an officer or employee of the legislative; executive, ot judicial brarich 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 Coritract is upon the execution by the Commissioner of the Department of Property and Procurement. 22. NOTICE Any notice required to be given by the terms of this Contract shall be deemed. to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed. to the parties as follows: GOVERNMENT Anthony D. Thomas Commissioner Department of Property and Procurernent 8201 Sub Base, Suite 4 St. Thomas, VI 00802. Contract No. COl0DOEC22(DLDC) for completion of work from CO16DOEC21(DLDC) Contractor’s Initials yA 7 Racquel Berry-Benjamin . Commissioner Department of Education 1834 Kongens Gade Charlotte Amalie, VI 00802-6722 CONTRACTOR Dionisio Lorenzo Dionisio Lorenzo, d/b/a Dion Construction 88A Estate Castle Coakley Christiansted, VI 00820. 23. LICENSURE The Contractor covenants that it has: a. obtained all of the applicable licenses or permits, temporary or otherwise, as requited 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 itis 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 contract shall, in. all instances, be governed by the Laws of the Government.of the Virgin Islands. 25. WARRANTY OF NON-SOLICITATION The Contractor expressly warrants that it nor its officers, agents or employees has employed no person to solicit or obtain this contract on its: behalf, or to cause or procure the same to be obtained upon compensation in any way, contingent, in whole or in 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; Contract No. CO10DOEC22(DLDC) for completion of work from.C016DOEC21(DLDC) Contractor’s Initials Be and that all monies payable to it hereunder are free from obligation to any other person for services tendered, or supposed to have been rendered, in the procurement of this contract. Breach of the warranty shall give the Government the right to terminate this Contract,.or in its discretion, to deduct from the contract price or consideration the amount of such commission, percentage, brokerage or contingent fees. 26. FALSE CLAIMS Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government.of the Virgin Islands, or any officer, department, board, commission, or other agency 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 ot subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. 28. NOTICE OF FEDERAL FUNDING Contractor acknowledges that this Contract is funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offense. 29. DAVIS BACON ACT Contractor hereby agrees that it shail 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. Contract No. CO10DOEC22(DLDC) . {\ 3 for completion of work -from CO16DOEC21(DLDC) Contractot’s Initials 30. OTHER PROVISIONS Addendum I (Scope of Work), Addendum II (General. Provisions and Warranties) Addendum II (Termination of Contracts), and Addendum IV (Compensation) attached hereto are hereby incorporated by reference and madea part of this contract. 31. INSURANCE Contractor shall maintain the following insuratice coverages during the term of this Contract (a) COMMERCIAL GENERAL LIABILITY: Commercial general liability insurance, in a form acceptable to. the Government, on. a “per occurrence” basis with a minimum limit of not less than One Hundred Thousand Dollars and Zero Cents ($100,000.00). for any one (1) person per occurrence for death or personal injury and One Hundred Thousand Dollars and Zero. Cents. ($100,000.00) for any one (1) occurrence for property damage: Insurance policy(ies) shall name the Government of the Virgin Islands as:the certificate. holder and additional insured via an endorsement. (b) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Contract No. COI0DOEC22(DLDC) . | for completion of work from C016DOEC21(DLDC) Contractor's Initials 03/10/2022 Assistant Attorney General 4/20/2022 4/21/2022