EFTA00609302.pdf

LSJ CONSTRUCTION Subcontractor Payout Project: Flagpole / Pool #1013 Trade: Electrical Subcontractor Michael J. Glidden Elect ical Serices, Inc. Insurance ex iration: may 14, 2011 Invoice # Phase # Requisition #1 16-000 Partial X 10-Jan-11 Requisition #1 Final Original Contract Sum: S23,750.00 Change Orders Submitted & Approved: $0.00 New Change Orders: $0.00 Total Work Contracted to Date: $23,750.00 Total Work Completed to Date: 53% $12,500.00 Less Retainage: $0.00 Total Payments Made to Date: $0.00 Total Current Payment Due: $12,500.00 i7 Balance to Finish including Retainage: $11,250.00 Sales Tax Liability: a. Subcontractor/Supplier is liable, explaii Labor and materials b. Non-resident Subcontractor/Supplier Bond Applicable: c. Use Tax to be paid by our company: d. Shipping incl. Total Outlays for this contract incl. Sales or Use Tax: $12,500.00 JEE approval attached YES NO X Submitted Bill Signed: Date: January 10. 2011 Approved by: Emad Ern...A Signed: Date: Invoice Attached YES NO X Approved by: Gary Signed: Date: January 10, 2011 Approved by: Signed: Date. 6-rfrk-rvaik EFTA00609302 Emad Hanna From: Jeffrey Epstein 1 J Sent: Wednesday, February 02, 2011 3:26 PM To: Emad Hanna Subject: Re: Flagpole/Pool ok On Wed, Feb 2, 2011 at 3:21 PM, Emad Hanna Jeffrey, wrote: I had Gary give me the details of Glidden's quote of $ 23,750 for the new electrical work by the Flagpole/Pool area. I had these prices checked out and it turns out that they are actually very good. There is no budget for this project as of yet and I need your approval to send Glidden $ 12,500 for the I g payment on this contract. Thank you Emad Hanna Project Controller HBRK Associates 301 East 66th St Suite 10F New York, NY 10065 Cell LS) Office St. Thomas Office NY Office Fax EFTA00609303 ESTIMATE SHEET 5 -;` / .TEO BY IS; paGE OF ,PAGES CutBABO tly OATS OESCRIPTION MATERIAL LABOR i QUANTITY UNIT MICE PER AMOUNT UNIT PER AMOUNT 72\ ‘') \De\O -Tc T----' I — li t I t 5-6!Vv(P — , Zoe)--* 44:::: I . .... --..-.- If . j - . . !!1. i 3. — ----:-. 4ivr .4,._ Igh:.:- —6.11o0,4,40:-Pone.A. Ito -.4071-50^ 40 u)(10 A - -WI - 3 - ._1;p 40)cks L . yo _:._-_-.... ____. .. i II:: i x7e,i, -Tov-k\::. . " . __.?"57OrL I I _IF/A — nl 1004".-- P -vi 34:1/4R VeA-v41100101 - 0 . . . 11 I 1-4/0 . ' • • 70t, • Ala 1, \ — N., l . 9p.o)e_4__ '3 =-rfrt.,_. c4f-- \ I • ,..2rm i r - %. v.v .--T.\-00.s_6180 -1-2,191.) 1 1.212' 10 — ri5c-',.\64, ko,,- v\s\,..\.\ . .-L I . tt tiovi A Lyn fig - 421- PZI- .- .."-'... ll -- 1 \ 12.00 1 /1) 121/32 - °P..... k4 Ina' e sz - evil la. Id- W 3 L 750 -- ---- ..3o.. ,,a95i.c)1,,tv,i, - J 12 co - : ILL 1 IOW . k 3.402satwbkr. eumks.. - __ !Ce-AnTqns-- 3 1'6- 25,- 3 - : 0 Li- 175 Yi n : fF --- I '''. (6)6.1\ Jiceoc...P y )75 — 1 1 2.-, . --Sui-- ).eikliacitiveAi NM 3,64 )(IA - • "°"'"" _:;:-:: TOTAL - • Y. 10 la 16 IT ID 19 3 • 0 3 EFTA00609304 LSJ CONSTRUCTION Project Flagpole / Pool #1013 ontractor • full legal name: Michael J Glidden Electrical Services. Inc Date Revised. January 10. 2011 Phase # 16-000 Trade: Electrical Invoice #' Requisition #1 Insurance expiration: 5/14/11 Payment Partial Final X Invoice/ReqN Date CJO Amount Retainage Due Paid Dale Paid Check# Balance Contract 12/16/10 23.750 00 CO#1 CON2 CO#3 CO/$4 ,CO#5 Requisition #1 Requisition #2 Requisition #3 Requisition #4 Requisition #5 Requisition #6 01/09/11 12.50000 0.00 12.500.00 12500.00 0 00 • 0.00 0.00 - 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 Total 12,500.00 0.00 12.500.00 0.00 12.500 00 Contract Amount - Phase contract CO# CO#2 CO#3 CO#4 CO#5 23.750 00 Description Contracted To Date Balance of Contract w/Retainage 23,750.00 11.250 00 EFTA00609305 Emad Hanna From: Eve Febe Sent: Tuesday, January 11, 2011 1:02 PM To: Emad Hanna Cc: Monique Harry Subject: Michael J. Glidden Electrical Services, Inc. Req. #01 1013 Attachments: Michael J. Glidden Electrical Services, Inc Req. #01 1013.pdf Good Afternoon Emad, Attachment for payment Michael J. Glidden Electrical Services, Inc. Req. #01. In the amount of $12,500.00. Project 1013 Code 16-000 Eve EFTA00609306 AGREEM ENT This AGREEMENT made and entered into this 16th day of December, 2010 COMPANY: Michael J. Glidden Electrical Services ADDRESS: 4716 Estate Mafolie #12 CITY: Si. Thomas. USVI 00802 ATTN: aims PHONE: herein called "Contractor" PROJECT: Little St. James Island flagpole Pool #1013 AGREEMENT' NO. 01 Cost Code: 16-000 CONTRACTOR AND OWNER hereby agree as follows.- COMPANY: LSJ, LLC ADDRESS: 6100 Red Hook Qlrs 133 CITY: St. Thomas. USVI 00802 A1TN: William Bowles PHONE: herein called "Owner" THE CONTRACT DOCUMENTS: lhe Contract 13ocuments 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" SCI IEDULE 13" SCHEDULE "C" SCOPE OF WORK / DOCUMENTS PRICE AND PAYMENT SCHEDULE INVOICING INSTRUCTIONS AND LEGAL NOTICES All of the foregoing torn the Contract Documents and all arc 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 dual 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 twxurrence 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: DATE: (a) Workers Compensation with Statutory limits of liability: (b) Comprehensive General liability Insurance in an amount not less than 51.000.000 Each Occurrence/ 51.000.000 General Aggregate. with a sub-limit of S5.000 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 Ilartnless" clause in Section II), and Contractors Protective Liability. (c) Standard USVI MI coverage Comprehensive Automobile Liability. including Owned. Non- Owned. and I Hied Automobiles: (d) Other (Builder's Risk. Per thrmance and Payment Bonds. Re.). Spx.il'y here: I2/ DATF.: ( INITIAL EFTA00609307 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. ('ontractor 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 front the date of final atxeptance by Owner. S. ASSIGNMENT OF CONTRACT: Contractor shall not assign this Agreement nor any portion thereof without first obtaining the written consent of Owner. which shall he in Owner's sole discretion. Any assignment without Owner's written consent shall he void and of no three and effect. 6. INDEMNIFICATI()N AND 11O1.1) I IA ItM LISS: Contractor shall indemnify Owner, and the Architects and Engineers ofOwner. and their agents and employees. and each of them. against and save and hold them harmless front 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 casts 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 finis 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 atter 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 :hall 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 finned 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. R. 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 ('ontractor. 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 cvmpleted, but in no case shall the total of all payments made to Contractor tinder this Agreement exceed the Contract Price set out in Schedule "R". 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 REQUIRE') FOR LIEN FREE PERFORMANCE OF WORK: Payment for the work shall he made to Contractor in accordance with Schedule "B". When any monies arc 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 release or waiver of liens in a form specified by Owner. signed by each workman and materialman who DATE: L/a. INITIAL: DATE: - 5- 11 INITIA EFTA00609308 3 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 panics hereto have executed this Agreement. for themselves. their heirs. executors. administrators. successors. and permitted assigns. on the date set forth below. CONTRACTOR: M.J. (Hidden Electrical Services OWNER: I.SJ BY: BY: NAME: ichael J. ieldcn NAME: Gary Kektfcy TITLE: / 1 7/ 4 7< DATE: 5-- DATE: /2 / DATE: 74 L o INITIAI.: DATE: I-5- ft INITIAI EFTA00609309 4 SCHEDULE A flagpole Pool Electrical SCOPE OF WORK • Supply all labor. materials and equipment necessary to complete the electrical scope (herein dermal as the "Work") as per M.J. Glidden quote dated 28 October 2008 (attached). • All required Insurance certificates to be provided before starting work or receiving payment. 1 SJ. LL(' to be named as additional insured where applicable General Liability Government Insurance Automobile liability • Acceptable documentation as to the legal work status of all workers to be provided prior to beginning work. • General construction clean up of the work area is the responsibility of M.J. Glidden Electrical Services. M.J. Glidden Electrical Services shall keep the work premises and surrounding area free from accumulation of trash and debris related to the Work. Provide all clean up to Owner supplied dumpster • Owner will provide the following: Building permit Electrical permit by M.J. Glidden Electric Power, lighting, ventilation. toilet facilities. water and ice 'transportation of personnel to and from LSJ from AYH Dock "frammortatitm of tools and equipment to lSJ from Red Hook Dock DATE: 7 a 4 0 INITIAL: /1 DATE: 1_5_ I/ INITIAL: EFTA00609310 SCIIEDULE 13 PRICE AND PAYMENT SCHEDULE MAI. PRICE OF Tills CONTRACT IS: $13.75O00 SEE AFIACHED SCHEDULE OF VALUES Monthly requisitions bawd on the attached Schedule Itillages, to he paid on a porentage complete basis. Applicable Gruss Receipts Tim's to he paid he M.J. Glidden Electrical &niers .411 requisitions to he presented to the Owner's Ripresentative hr the twenty filth (2.0) day of the month for the previenis month's work. 77w Ouster's Represrmathr will within fie' (5) days after receipt ti the Contractor's Application for Payment. issue to the Owner a Certificate ofPaiwwnt The Miner. shall make pltptleal within fifteen (I5) dors qf meant of the Certificate of Payment. SCHEDULE Time limits stated herein am c f the essence the °maw. Work to he suhstanddly completed within Mire (.0 months if the date olcommencement Dare of Commencement is the date 'Obis contract Win* to he etwrdinatedioul scheduled with Tom 61elnick. Sae Superintesukm (340-244-8564) DATE: DATE: / _51/ INITIAI EFTA00609311 SCIIEDUI.EC INVOICING INSTRUCTIONS AND LE_GAI. NOTICES FII.ING AND INVOICING: All invoice: should be serially numbered. If your invoice tient is not so numbered. type or print in an upper comer 'INVOICE NUMBER ." Assign a dillerent 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 caw copy to Owner's construction office lie approval. Contractor must attach properly executed lien releases to each invoice. All invoices shall indicate the project name. imit description. total item price. amount and percentage of total item price you arc invoicing on this invoice. and the address to which payment is to be sent. I.ien releases mum he 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 mum 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 (hr. the project under your contract. Mail or deliver invoices and releases to: [Si. 1.I.0 61(X) Red Hook Qtrs 113 St. Thomas. USVI 00802 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 133 St. Thomas. USVI 00802 DATE: ( 7 / h_ I INITIAL: / O DATE: ( _5_ EFTA00609312 EFTA00609313 EFTA0060931 4