EFTA01107953.pdf

AGREEMENT This AGREEMENT made and entered into this 10th day of September, 2010 COMPANY: Phillip Mark COMPANY: LSJ, LLC ADDRESS: Estate Wintberg 1-137 6 ADDRESS: 6100 Red Hook Qtrs B3 CITY: St. Thomas, USVI 00802 CITY: St. Thomas, USVI 00802 ATTN: Phillip Mark ATTN: William Rowlcs PHONE: 340-998-3655 PHONE: 340-779-8054 herein called "Contractor" herein called "Owner" PROJECT: Little St. James Island #1010 Mechanical Desal Cistern Coatings AGREEMENT NO. 01 Cost Code: 03-351 CONTRACTOR AND OWNER hereby agree as follows: 1. THE CONTRACT DOCUMENTS: The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplemental and other Conditions), attached hereto, if any, and the Schedules, Drawings, Specifications, and all Modifications issued subsequent thereto, if any. SCHEDULE "A" SCOPE OF WORK / DOCUMENTS SCHEDULE "B" PRICE AND PAYMENT SCHEDULE SCHEDULE "C" INVOICING INSTRUCTIONS AND LEGAL NOTICES All of the foregoing form the Contract Documents and all are incorporated by reference herein, whether or not physically attached hereto. 2. INSURANCE REQUIREMENTS: The Contractor shall secure, prior to commencement of performance under this Agreement, and shall maintain at all times during the period or periods of its obligations under this Agreement, at its expense and in companies approved by Owner, the following insurance coverage, on an occurrence basis, all of which shall be non-cancelable and not subject to change in coverage except upon not less than thirty (30) days written notice to Owner at the address indicated above: (a) Workers' Compensation with Statutory limits of liability; (b) Comprehensive General Liability Insurance in an amount not less than $1,000,000 Each Occurrence/ $1,000,000 General Aggregate, with a sub-limit of $5,000 Per Occurrence for Medical Payments. Coverage is to include Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Products and Completed Operations Liability, Premises Operations Liability, Contractual Liability (covering the "Hold Harmless" clause in Section 11), and Contractor's Protective Liability; or approved waiver. (c) Standard USVI full coverage Comprehensive Automobile Liability, including Owned, Non- Owned, and Hired Automobiles; (d) Other (Builder's Risk, Performance and Payment Bonds, Etc.). Specify here: q'7-0 70 DATE: tfra INITIAL: DATE: INITIAL: EFTA01107953  2 Insurance certificates evidencing such insurance coverage shall be furnished to Owner prior to commencement of performance under this Agreement and shall name Owner as an additional insured thereunder. 3. CHANGES AND CLARIFICATIONS: Without invalidating this Agreement, Owner, or their respective duly authorized representatives, may at any time, by written order to Contractor, make changes in the Drawings and Specifications. Owner may, by reason of such changes, add to or reduce the Work without invalidating this Agreement. Contractor shall furnish Owner with an itemized estimate for any revision in the Work which may be requested and shall receive written authorization from Owner before proceeding with any changes in the Work. Contractor shall, during the course of the Work, notify Owner or Owner's representative, in writing, of any problem or clarification which he believes needs immediate review and resolution which is not adequately covered by the Contract documents. 4. WARRANTIES: The Contractor shall, at the request of and in a manner acceptable to Owner, correct any defects in workmanship or materials in the Work which appear within a period of one (I) year from the date of final acceptance by Owner. 5. ASSIGNMENT OF CONTRACT: Contractor shall not assign this Agreement nor any portion thereof without first obtaining the written consent of Owner, which shall be in Owner's sole discretion. My assignment without Owner's written consent shall be void and of no force and effect. 6. INDEMNIFICATION AND HOLD HARMLESS: Contractor shall indemnify Owner, and the Architects and Engineers of Owner, and their agents and employees, and each of them, against and save and hold them harmless from all liability, claims, allegations, demands, damages, and costs of every kind and nature, including without limitation attorneys' fees and costs of suit, arising directly or indirectly from the Work, except to the extent that such liability, claims, allegations, demands, damages, and costs are a direct result of the negligence of, or a breach of this Agreement by, Owner or its architects, engineers, employees or authorized agents. 7. BREACH OF AGREEMENT: If, in the opinion of Owner, Contractor fails to perform the Work in accordance with this Agreement, or inadequately performs, all or any part of the Work, or otherwise fails to perform or comply with Contractor's duties and obligations hereunder, and such failure shall continue for twenty-four (24) consecutive hours after written notice to Contractor specifying the particulars of such failure, then such failure and continuance thereof shall, at Owner's option, constitute an irreparable breach of this Agreement by Contractor and shall entitle Owner to terminate this Agreement and complete the Work itself or cause the Work to be completed by others, and Contractor shall immediately on demand of Owner pay all costs and damages sustained by Owner on account of such failure, and any and all material and equipment of Contractor on the Project site or in Contractor's place of business may, at the sole option of Owner, be used or rejected, and if rejected, such rejection shall be without any liability to Owner, its agents or employees. 8. CANCELLATION OF AGREEMENT: Owner shall have the right to cancel this Agreement at any time prior to the completion of the Work upon giving three (3) days written notice to Contractor. Should Owner so elect to cancel, and Contractor is not in breach hereunder, Owner shall promptly pay Contractor a prorated portion of the Contract Price based on percentage completed, but in no case shall the total of all payments made to Contractor under this Agreement exceed the Contract Price set out in Schedule "B". Contractor agrees to refund to the Owner that portion of any deposits previously paid by the Owner to the Contractor, if such deposits exceed the percentage completed. 9. DOCUMENTS REQUIRED FOR LIEN FREE PERFORMANCE OF WORK: Payment for the work shall be made to Contractor in accordance with Schedule "Be. When any monies are payable to Contractor hereunder, Contractor shall deliver to Owner a statement (sworn or attested to if required by Owner), showing, in detail and as complete as required by Owner, all work done by Contractor and averring that all claims, obligations and liabilities created or incurred in the performance of doing thereof, to the date hereof, have been paid. Owner may require Contractor to furnish in support of such application, (a) a GA, DATE: INITIAL: f 9 to .to DATE: INITIAL: EFTA01107954  3 release or waiver of liens in a form specified by Owner, signed by each workman and materialman who have performed work upon or provided materials for the Work up to the billing closing date, and/or (b) an approval or acceptance of such work by any governmental and/or quasi-governmental entities or agencies having jurisdiction over such work. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, for themselves, their heirs, executors, administrators, successors, and permitted assigns, on the date set forth below. CONTRACTOR: Phillip Mark OWNER LSJ BY: GIA.Akett° vviArk NAME: Phillip Mark NAME: Gary erney TITLE TITLE: DATE: 1 ' DATE: ?Ze/ /4I 1/ DATE: 64 INITIAL: X20•/0 DATE: f2 /1 INITIAL: EFTA01107955  4 SCHEDULE A SCOPE OF WORK Mechanical Desal Building 1-7 Lines Cistern Coating te the cistern coatings (herein defined as the • Supply all labor, materials and equipment necessary to comple re Group dated 30 December 2009, and "Work") as per complete plans and specification by The Magui your quote dated 14 August 2010 (attached). g work or receiving payment. LSJ, LLC to • All required Insurance certificates to be provided before startin be named as additional insured where applicable General Liability Waiver Government Insurance Automobile liability workers to be provided prior to beginning work. • Acceptable documentation as to the legal work status of all of Phillip Mark. Phillip Mark shall • General construction clean up of the work area is the responsibility ulation of trash and debris related to the keep the work premises and surrounding area free from accum Work. Provide all clean up to Owner supplied dumpster • Owner will provide the following: Building permit Power, lighting, toilet facilities, water and ice Transportation ofpersonnel to and from LSJ from AYH Dock Transportation of tools and equipment to LSJ from Red Hook Dock 97,-o eh/ INITIAL:! DATE: INITIAL: DATE: * 0 EFTA01107956 SCHEDULE B PRICE AND PAYMENT SCHEDULE TOTAL PRICE OF THIS CONTRACTIS: 845,825.37 Bi-monthly requisitions to be paid on a percentage complete basis. Materials purchased by LSJ, LLCfor Phillip Mark to be deductedfirm this contract. Applicable Gross Receipts Taxes to be paid by Phillip Mtn* SCHEDULE Time limits stated herein art of the essence of the contract Work to be substantially completed within eight (8) weeks ofthe date ofcommencement Date ofCommencement to be established in a Notice to Proceed. Wm* to be coordinated and scheduled with Tom Melnick, Site Superintendent DATE: 27/ INITIAL: INITIAL: EFTA01107957 2110-09-0116112 GIRALDIME MARK 40/8965713» p 618 PHILLIP MARK Estate Wlntberg 1-137 St. Thomas USVI 00802 Tetephone: August 14, 2010 Project title: Little St. James Project description: Thoroseal 3 New Cisterns Bid Proposal BID FOR THOROSEALING THREE NEW CISTERNS ON LITTLE ST. JAMES The "Owner" L.S.J., LLC, a Delaware limited liability company, desires to thoroseal three (3) cisterns at the property located at , and "Sub-Contractor," Phillip Mark, warrants being licensed in the territory of St. Thomas, USVI and qualified to perform the "work" specified herein and submits this bid. .. ;-;7!....‘• !1.,Ri ft 7.,:esoins.,.. I , A.. . - .w. i.. a— 1 Thoroseal three (3) See attached SeaCheat Cost to thoroseal each cisterns Quote "exhibit B" cistern is twelve thous dollars43127000:W . r I, s 00 . -- Each cistern will be 51 x 40 bags of white cement@ Subcontractor will employ 40 ft to carry 135,000 $18.95 per bag, a total of six (6) additional workers gallons of water. Total Job $878.00. to perform the requested will be 10,601 Sq ft of job by completion date, all columns, sidewalls/ of whom must be legal stubwalls, floors/slabs. residents of the US. Check for cracks and 15 bags of portend Block all holes and cracks cement @ $8.95 per bag, with hydrollc cement at a total of $134.25. curve bottom corners and standing corners Pressure wash the Sand clatem(s) "EXHIBIT___. J EFTA01107958 20 10 09,0116'07 GERALDINE MARK 4076965713» P7/8 PHILLIP MARK Estate Wintberg 1.137 ft St. Thome Tele • hone Each cistern shall receive three (3) coats of thoroseal (i.e. two (2) coats of grey followed by one (1) coat of white), then wash cistern(s) with salt water a week after the thoroseallng process is completed. TOTAL $11,325.37 (not including $36,000 the cost of sand) e 2- 37 The "Sub-Contractor" does hereby agree to furnish all labor and to faithfully perform the Work" in accordance with the description of 'Work write up," within eight (8) weeks from and "Owner hereby agrees to provide the materials needed to perform the the 'Work write up" described herein. 'EXHIBIT EFTA01107959 A0549.011602 0}8110151 MARK 45 /8965713 » PAI8 toast ••+b-4 • a "b. SEA CHES Service Me 38011 GROINS 1 Alkaline°, S t AY PHONE: (34t0THOMAS, USV, 00802 )7740405 PA : : (340)776 601070 3 647 CASH CUSI CK'S CABs m ST TROKAS otors* , VI ST 71 3$AS . VX 50003000 net Von 0/27/10 09/09110 IW0RDSVAL 600 PAIL VAIL - wHXTR 04003 69.990 1230: 10 2300.60 RR 11O, 08VAL 600 1019 PAIL - 0RAY PAIL LWi 20 54.990 U ACRYL 60 6040.90 5 OAL PAIL Itio 5 am. 1St a 30 116.990 IA WATM 1169.90 Loa SOS 1063 PAIL 909 PL 69.990 609.90 17.990 167.00 ns Without 4.490 ROC 26.94 Final Aft" ? 10519.12 0.00 0.00 10513.12 Toot EFTA01107960 SCHEDULE C INVOICING INSTRUCTIONS AND LEGAL NOTICES FILING AND INVOICING: All invoices should be serially numbered. If your invoice form is not so numbered, type or print in an upper corner 'INVOICE NUMBER ." Assign a different number to each separate invoice. Assign separate invoices for separate phases of work, and separate invoices for options or extras. Prepare all invoices in duplicate. Send the original and one copy to Owner's construction office for approval. Contractor must attach properly executed lien releases to each invoice. All invoices shall indicate the project name, unit description, total item price, amount and percentage of total item price you are invoicing on this invoice, and the address to which payment is to be sent. Lien releases must be dated on the date of the invoice or later. As a condition precedent to final payment or the payment of retention to be made to Contractor by Owner, Contractor must submit (a) two (2) copies of As-Built-Drawings and/or Instruction/Warranty Manuals to Owner, (b) written approvals or acceptances of such project by any governmental or quasi-governmental entities or agencies having jurisdiction over the project, and (c) properly executed lien release covering all subcontractors, suppliers, laborers, and other persons or entities who performed work or services on, or who furnished materials for, the project under your contract. Mail or deliver invoices and releases to: LSJ, LLC 6100 Red Hook Qtrs B3 St. Thomas, USVI 00802 LEGAL NOTICES: For the purpose of protecting Preliminary Lien Rights, Preliminary Lien Notices should be mailed to all of the following: OWNER: LSJ, LLC 6100 Red Hook Qtrs B3 St. Thomas, USVI 00802 - .70 DATE: INITIAL: DATE: INITIAL: EFTA01107961 LSJ, LLC Standard Interim Release Form Page I of 2 AFFIDAVIT, RELEASE OF LIENS AND GENERAL RELEASE TERRITORY OF THE VIRGIN ISLAND ST. THOMAS/ ST. JOHN TO WHOM IT MAY CONCERN: WHEREAS, Phillip Mark is a trade contractor (supplier, or service provider) (the "Trade Contractor") to f L.S. J., LLC (the "Owner") for the construction of or providing goods, materials, or services to) the Mechanical Desal located on Little St. James Island, St. Thomas, VI, and has been paid Fifty-Two Thousand Seven Hundred Sixty-Six Dollars and 83 cents ($52,766.83) and other valuable considerations therefore, receipt whereof is hereby acknowledged; NOW, THEREFORE, in consideration thereof the Trade Contractor hereby. I. Sells, assigns, and sets over to the Owner all right title and interest it can or may have in any of the materials covered by its contract or covered by this requisition which are being provided to or incorporated into this project 2. Certifies that it has paid all applicable taxes which are due to date and for which it would be liable, but which are not yet due. 3. Certifies that all subcontractors or suppliers ofmaterials, equipment, labor or services used or employed by it for the project to date have been fully paid with respect to the materials, equipment, labor and services which they have furnished except the following: NAME OF CREDITOR AMOUNT NATURE 4. Further certifies that: The total amount of said contract/purchase order is: $52,766.83 The amount received to date is: $ 52,766.83 The amount to be paid as retainage on this requisition at the time of final payment is: N/A In consideration of the payment indicated above, the receipt of which is hereby acknowledged, the undersigned does hereby waive and release any and all liens, claims or rights of lien on or against said construction or improvements, for and on account of the services, materials and/or work provided to the Owner or the project covered by this project for all costs, labor, equipment or materials furnished by the undersigned to the project and all claims relating to that project and all other claims whether in tort or contract which can or could be made among the parties relating to the project. EFTA01107962  • I—S.1, 1.1.E Standard Interim Release Form Page 2 of 2 Dated this day of 2010. Phillip Mark (Trade Contractor, Vendor, or Service Provider) SUBSCRIBED and ore me this ta.day of "be -C. 2010. ry My Commission Expires: u/it MITA k • --.. Miiri Me on &lc tmr.inl iothiM Ocloborn,2011 P-2017ci07 IDAsti EFTA01107963  AGREEMENT The undersigned (the "Undersigned"), as a material inducement and an express condition precedent for L.S.J., LLC (the "Owner") to permit the Undersigned to provide work and/or materials in connection with the project described on Exhibit A hereto (the "Work"), and in consideration of such permission, hereby agrees as follows: 1. To the fullest extent permitted by law, the Undersigned shall defend, indemnify and hold harmless the Owner and the Owner's managers, members, officers, representatives, employees and agents from any and all claims, actions and/or damages in connection with the Work, whether by the Undersigned or third parties, including, without limitation, for bodily injury and property damage, as well as for attorneys fees and costs of the Owner, arising out of, related to or connected with any and all acts or omissions by the Undersigned in connection therewith and shall hold the Owner harmless from any and all other claims, actions and/or damages by the Undersigned in connection with the Work, including without limitation, for bodily injury to the Undersigned and damage to the Undersigned's property, as well as for attorneys fees and costs, whether or not such claims, actions and/or damages are attributable to the actions or omissions of the Undersigned. This indemnity shall constitute a waiver of any immunity conferred by any workers compensation laws which might apply to the Work. IN WITNESS WHEREOF, the Undersigned has caused this Agreement to be executed as of the day and year written below. THE UNDERSIGNED: Name: Name and Title of Authorized Signatory: Signature: de_Ile,vot Date: 0/ // EFTA01107964  he unwept MARK 10 IIMW) /13 '.> 1418 PHILLIP MARK Estate WIntiserg 1-137 6 St. Thome, Telephone: August 14, 2010 Project title: Little St. James Project description: Thermal 3 New Cisterns Bld Proposal BID FOR THOROSEALING THREE NEW CISTERNS ON LITTLE ST. JAMES The "Owner" L.S.J., MC, a Delaware limited liability company, desires to thoroseal three (3) cisterns at the property located at , and "Sub-Contractor," Phillip Mark, warrants being licensed in the territory of St. Thomas, USVI and qualified to perform the 'Work" specified herein and submits this bid. . MM., • 4.4111.0.:21:..).trt.. TY . • J.. , , • Thoroseal three (3) See attached SeaChost Cost to thoroseal each cisterns Quote "exhibit B" cistern is Each cistern will be 51 x 40 bags of white cement@ Subcontractor will employ 40 ft to carry 135,000 $16.95 per bag, a total of six (8) additional workers gallons of water. Total Job $678.00. to perform the requested will be 10,681 Sq ft of job by completion date, all columns, sidawallsi of whom must be legal stubwalls, floors/slabs. residents of the US. Check for cracks and 15 bags of portiand Block all bolos and cracks cement @ $8.95 per bag, with hydrolic cement at a total of $134.25. save bottom corners and standing corners Pressure wash the Sand ciotem(s) "EXHIBIT_ EFTA01107965  otHAW06. MARX 407896:,713'' I' 7/8 PHILLIP MARK Estate WIntberg1-1378 St. Thomas US I Tete hone Each cistern shall receive three (3) coats of thoroseal (i.e. two (2) coats of grey followed by one (1) coat of white), then wash cistern(s) with salt water a week after the therosealIng process is completed. TOTAL The "Sub-Contractor" does hereby agre e to furnish all labor and to faithfully "work" in accordance with the description of perform the 'Work write up," within eight (8) wee from and 'Owner hereby agrees to provide ks to perform the the 'Work write up" desc the materials needed ribed herein. txtilarr it • EFTA01107966  Island Grounds, Inc. 6100 Red Hook Quarters Suite B-3 St. Thomas, VI 00802 Tel: 340.775-8100 Fax: 340-775-8108 INJURED/ACCIDENT ON DUTY REPORT EMPLOYEE NAME: LLalo frile-EVA BAIIAVLJF POSITION: nin5,O1O DATE OF INCIDENT: 1-12-11 LOCATION OF INCIDENT: aSial Asil Cl Sid,r4 WITNESS(ES): POSITION: /T)ta.SeuJ Theriik> /Wirt 506- ufltiot.rtor g lorpfortOierIcablio d/o525 POSITION: POSITION: DESCRIPTION OF INCIDENT: Eavoioyf.L. Phitiiro monk. Ceied. orb 4,5c...soda:kJ (") kracici.r. est 06 •Iin Cl Lilo& y ) `the. N6...) obsco 11)41 is tn0 Au" Comdtva;on), (4-4110 AL- a fit14/ 4750( rem 4/0, Lc) clj br 04/0 4234kt r ..5Catioletiog4 -Ma loco /he. ...),)orik.1 hi% it, $0d, vp.psr mrtn . war K tr. co el 4., pi is-c.4.-4 14 4 Santa-v.0c, Colsci c ersp3/01 ) ts olrither, phacsa A .604 44/8 Shot /o hid. book to rn.cel amtaahne4_ 80,114 / . oppins ilaader edippa yacht. his ...nctiri or moisr..1 here. 1ht ,Ladder C•kl, pflptaiV* haerICAECt • • • WAS EMPLOYEE WEARING/USING RECOMMENDED SAFETY DEVICES AND PROPER OPERATION PROCEDURES? DYES 0 NO IF No WHY, EMPLOYEE'S ACTION: arCCEPTS MEDICAL TREATMENT ❑ DECLINES MEDICAL TREATMENT DOCTOR(S) / HOSPITAL(S) / CLINIC(S) 0 NAME: m . il icanWATE OF VISIT(S) b — 12-11 Q0 h. •Schori4er NAME: DATE OF VISIT(S) NAME: D r. 1..6,,c4" G DATE OF VISIT(S) rithdh DATES, IF APPLICABLE, OF FOLLOW UP MEDICAL TREATMENT: HAS EMPLOYEE PROVIDED A DOCTOR'S PERMISSION TO RETURN TO WORK? 0 YES 0 NO IF NO, WHY AND WHEN? Employee Signature Date OtUPL Nari Supervise Signal Date / — . // 'Meas. mask EFTA01107967  EPIO FRI TZWeL 13 61-LEV U6 I- i3 P4 C :EST6 RN FT 0F OFF LADD€ R .XnTO SLIP fl F FIE • S LFID,D6 R. r11 kotthLE, goDi TiA 6 1116 FT ;B „o_koL6 80-31: FACE, 11-co,vj ) , (.. 12..t•Ket•) flop cArr l..101)E,R C tAxo EFTA01107968 Ix Ili VARMV' 0.111(AIFLASD %V( 1 lintel (IllienoMp awl lamIgnilns Semites EMPLOYMENT AUTHORIZATION CARD I pa...ft Ittoilifiril b mIMnLal III Men In iht for Inc mIi,W, .411thcud. NAME BELL UE, JEAN FRITZNEL AS 078.599-066 cApo-• LIN1090554950 Ofetbd,” - category !..g C0> M fi ree . le; - down NOT VALID FOR REENTRY TO U.S. I c '° " '-""'07/22!11 "°Mid 09/09/10 EFTA01107969