EFTA00287215.pdf

AGREEMENT This AGREEMENT made and entered into this 20th day of December, 2011 COMPANY: ABC Concepts, Inc ADDRESS: P.O. Box 12224 CITY: St. Thomas, USVI 00801 ON: PHONE: herein called "Contractor" PROJECT: Hangar Doors AGREEMENT NO. 01 COMPANY: Thomas World Air, LLC ADDRESS: 6100 Red Hook Qtrs B3 CITY: St. Thomas, USVI 00802 ATTN: Brice Gordon PHONE: herein called "Owner" CONTRACTOR AND OWNER hereby agree as follows: I. TFIE CONTRACT DOCUMENTS: The Contract Documents consist of this Agreement, and the Schedules attached hereto described below: SCHEDULE "A" SCHEDULE "B" SCHEDULE "C" SCOPE OF WORK / DOCUMENTS PRICE AND PAYMENT SCHEDULE 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: provided that in the event of any inconsistency or conflict between any Schedule and the provision of this Agreement, then the provision of this Agreement shall control. 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: Workers' Compensation with Statutory limits of liability; (b) Standard USVI full coverage Comprehensive Automobile Liability, including Owned, Non- Owned, and Hired Automobiles; (c) Other (Builder's Risk, Performance and Payment Bonds, Etc.). Specify here: n/a 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. DATE: / INITIAL{eX DATE: '///2 INITIAL: r EFTA00287215 2 3. CHANGES AND CLARIFICATIONS: Without invalidating this Agreement, Owner, or its 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. There shall be no resolution of any such problem or clarification which is unfavorable to the owner, unless the Owner has specifically consented in a signed writing to such resolution or clarification. 4. WARRANTIES: The Contractor shall, at the request of and in a manner acceptable to Owner, correct any and all defects in design, 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 or any portion thereof without first obtaining the written consent of Owner, which shall be in Owner's sole discretion. Any 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, the US Virgin Islands Port Authority, 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 othenvise 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 including, without limitation the continuance thereof shall, at Owner's election, made at any time after such twenty-four (24) consecutive hour period, 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 "B". When any monies are payable to Contractor hereunder, Contractor shall deliver to Owner a statement (sworn or attested to ), 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. Contractor shall 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 have performed work upon or provided DATE: / 5.14 V -- INITIAL: //X DATE: 'hi z INITIAL: 913 EFTA00287216 3 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, and their permitted assigns, on the date set forth below. CONTRACTOR: ABC Concepts, Inc BY: OWNER: Thomas World Air, LLC BY: .c.n4L4 NAME: William Koenig NAME: Jeanne Brennan TITLE: eS TITLE: ?inn n O r - DATE: L DATE: II II DATE: / INITIAL: id< DATE: 2 INITIAL: 9 EFTA00287217 4 SCHEDULE A Hangar Doors SCOPE OF WORK • Supply all labor, materials, tools and equipment necessary to complete the scope (herein defined as the "Work") as per complete plans and specification by Paul Ferreras, PE dated 04 November 2011, and ABC Concepts, Inc quote (in three letters) dated 14 December 201 I (attached). Included within this scope of work shall be the following: o I) All concrete cutting, patching, and placement of specified grout on rail connection details o 2) All temporary support, brace work, shoring, and scaffolding necessary to accommodate, facilitate, perform and install new door and building modifications o 3) Provide temporary building closure/weather protection for open conditions. o 4) Contact the project superintendent Tom Melnick at 340-244-8564 to obtain prior written signed approval before any additional work is done that is not in the Agreement or drawings. • All required Insurance certificates to be provided before starting work or receiving payment. Government Insurance Automobile liability • Acceptable documentation as to the legal work status of all workers to be provided prior to beginning work. • Virgin Islands Port Authority Badges will be required for workers: Owner and Contractor will cooperate in obtaining necessary Badges • General construction clean up of the work area is the responsibility of ABC Concepts, Inc. ABC Concepts, Inc 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: Power, lighting, toilet facilities DATE: to INITIAL: 41)< - DATE: / 11/1 Z INITIAL: EFTA00287218 SCHEDULE B PRICE AND PAYMENT SCHEDULE TOTAL PRICE OF THIS CONTRACT IS: S25,600.00 SEE ATTACHED SCHEDULE OF VALUES 50% Material Deposit required, balance due upon determination by Owner of satisfactory completion. Applicable Gross Receipts Taxes to be paid by ABC Concepts Inc. SCHEDULE Time limits stated herein are of the essence of the contract. Work to be substantially completed within one (I) month of the date of commencement (see attached schedule) Date of Commencement is the date S0% Material Deposit is received. Work to be coordinated and scheduled with Tom Melnick, Site Superintendent (340-244-8564) DATE: /-f-- L. INITIAL: 11.X DATE: ilyI L INITIAL: t/ EFTA00287219 6 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 office for approval. 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 (Provided by owner) must be dated on the date of the invoice or later. Lien waiver must be executed prior to release of payment. 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: Thomas World Air, 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: Thomas World Air, LLC 6100 Red Hook Qtrs B3 St. Thomas, USVI 00802 DATE: / 14_ 6 INITIAL: PiK DATE: th -1/ L INITIAL:4;;? EFTA00287220 ABC CONCEPTS, INC. ( _t r , 1 LSJ, LLC Attn: Thomas J. Melnick American Yacht Harbor 6100 Red Hook Quarter, Suite B3 St Thomas, U.S. Virgin Islands PO BOX 12224 o8o, Tel rax Cell To Whom It May Concern: This is to confirm our modified quote from 7' 5" to 12' as stated at our meeting on the site. The increase of 180 additional square fee would increase our quote by One Thousand Eight Hundred Dollars ($1,800.00). Combined with our previous quote of Twenty-Three Thousand Eight Hundred Dollars ($23,800.00) the new revised price is Twenty-FIve Thousand Six Hundred Dollars ($25,600.00) Terms: 50% ,material deposit requinacl, balance due upon completion.. Quote valid for thirty (30) days unless extended in writing. /a/P-l/ If you have any questions and/or concerns, please feel free to contact us at (340) 690.2636. EFTA00287221 ABC CONCEPTS, INC. oate‘Oi. LSJ, LLC Attn: Thomas J. Melnick American Yacht Harbor 6100 Red Hook Quarter, Suite B3 St Thomas, U.S. Virgin Islands P 0 Box 12214 St Moe 0801 d ax Re: Hanger Door Modification To Whom It May Concern: Per our meeting 12/13/2011, the following items were discussed and tentatively agreed upon subject to review: 1. ABC Concepts, Inc. (ABC) to submit proposed schedule (see attached) 2. LSG will inquire if badges axe required by Virgin Islands Port Authority (VIPA) (may impact schedule) also note 85% of the work could be performed inside the hanger. ISG will have dumpster on site and coordinate L.% aew work 4. Work is to conform to drawings by Paul Femmes, PE and submitted to VIPA who has approved modification and to our knowledge no further permits are requited. If you have any questions and/or concerns, please feel free to contact us at (340) 690.2636. Regards 1 1/( 11 President /) EFTA00287222 ABC CONCEPTS, INC. December 14, 2011 LSJ, LLC Attn: Thomas J. Melnick American Yacht Harbor 6100 Red Hook Quarter, Suite B3 St Thomas, U.S. Virgin Islands P O Box 12234 S 'el Cell Re: Tentative Schedule Subject to manufacturers holiday schedule 'lb Whom It May Concern: Receiptof Deposit Chock darts, place cadet ABC twins connete cutting to accent mil upon anival Allow 2-3 weeks e- Overlaml shipping Being mindful of holiday tut& Allow 1 week Received at Tropical Miami, Florida Anive in St. Thomas Allow up to 3 days for LTL Conunence demolition work Fabricate modified door Enn 'Dim-flashing Spot prime Ifyou have any questions and/or camellia, please feel free t000ntact us at (340)6902636 Regards Waken Koenig - Resident EFTA00287223 Dec 21 2011 1O:34AM ABC CONCEPTS, INC. - ---- • THE GOV • RNMENT OF THE VIRGIN ISLANDS DEPARTMENT O LICENSING AND CONSUMER AFFAIRS PRO ESSIONAL LICENSE A Now W ALL BY THIS PRESENT That, in accordance with the applicable prpy. iotuP0I.Titlit:..3.chtspler 16 and Title 27 V.J.C. relating to the licensing of businesses and occupalio tan "egtrphence haying-.4*.t. pada with the provisions of 10 V.i.C. Sec. 41 reladne to the Civil Ei f IP0'd97 tl bib lo ilia 'co so is hereby Licensee: ABC CONcaltlf 14,1 ,, 1. V Trade Name: ABC C91,106 Si • 441 h Melling Addrese .... Nt, . . te. ' it 13F LINDBERG BAY,. ST THOMAS cc/ ST. THOMAS VI 0102 • ? ' 'kb; a g • . ' La o. ..aft II I ' . ". V t It t i. i 6 ' .-I- yio.? .. .. .. .,. „. v,, ke „it 4 .t. " 41045A. .i, \ • Vie Z . . * (V Business Roil:II 6273i(r1)9. • Igt , ' C''' Licen,!S e 11 c../I) Pi ., -1fj • , a ,. 1'7.9%1.2: , C;(:!..:.) '4. J 45,‘,g- 4• ••km. ••!, ty •i: •ib.: ;-\ 'r,..• v .4 " ift se .." t'C , It 1.,...„ , , v i,,,f64 t N..‘, .-.. tit;, ' er - 4 CO # li C1 /2 " . ' 4 .,`. ye .. ' li 1„Dit . , " 4 .,. k g .4 Pss :,04 • • 4,•41 iira ..% c % it ' ?7, ibl It 1 tt ki . i Afr 74.7.* .c..., f • A.?' ' y eti ' :C.:LE:if As provided by law, the authofireilli..,4cating 4imprity ylsrfit,. t o„I ppsitei to revoke or suspend any License issued hereunder, upon fittdgdg,i, after-moilte yatp, timing, that such revocation or suspension is in the public intermit; FROVIdeg.:Ilhet- -Myr DaM001. -eriferieVed by any such decision of this office shall be entitled to a review of the satne Irate ATeitimilai Court upon appeal made Within (30) days from the date of the decision; provided, Off her, that all decider), of this office hereunder shall be final except upon specific findings by the Court that the same was arrived at by fraud or illegal means. If a renewal is desired, the holder is re port ibic for making applieat on for same without any notice from this office. It is the responsibility of the L carnet to notify the Department in writing within (30) days, when a license is to be cancelled or placed n inactive status. Failure to do so will result in the assmsmenl of penalties as authotized by law. Valid from 01/01/2011 until 01/31/2012 Pentad on OM mon Issued at St Thomee,V.I. 0110112011 Fee 250.00 Commissioner, Department.of li censing and Consumer Affairs THIS LICENSE MUST BE PROMI NTLY DISPLAYED AT PLACE OF BUSINESS P • 2 EFTA00287224 GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS Date: PEBRWIRT 23, 2011 Office of the Custodian, government Insurance fund (DETAKENENTOT TINANOE Certificate of Government Insurance Coverage I certify that that the mlOyer ABC CONCETTS, Ifas fried with the Custodian of the government Insurance Euzu4 the Employer's &port to the Commissioner of 'Finance and paid the required premium in accordance with the provision of Tit& 24 Chapter 11, Section 273, of the `Virgin Islands Code, and accordingly is entitled to the rights And benefits cf the insurance coverage established by law. 71ie riskof this entproyer is covered By policy 10260 forth the period from DIVVARY 01, 2011 to DECEMBER 31, 2011 NAME & ADDRESS OF EMPLOYER ABC CONCEM 8744 £IARDBEgg BAY ST VfOrMAS, 00802 DIRECTOR GOVERNMENT INSURANCE FUND .41 141 EFTA00287225 Guardian I NSURANCE A MEMBER OE THE LOCKHART GROUP OF COMPANIES Policy No.MEEPage 1 of 2 The Guardian Building P.O. Box 9109 St. Thomas, U.S. Vi in Islands 00801 Tekpho Facsimil. Bbsiness Auto olicy Declaratio s Renewal No.: ITEM ONE Name and Address of Insured ABC CONCEPTS, INC 8744 LINBERG BAY ST THOMAS VI 00802 Cuss ' Broker: GUARDIAN INSURANCE • ST.11107dAS OFFICE Policy Period From: 12/27/2011 To: 12/27/2012 at 12:01 a.m. Form of amed Insured's Business: O Corporation; O Partnership; O Individual; O Other: Type of Insured's Business ITEM TWO — SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the only to those autos shown as covered autos. Autos are shown as covered a symbols from ITEM THREE next to the name of the coverage. iremium column below. Each of these coverages will apply itos for a particular coverage by the entry of one or more of the COVERAGES COVERED AUTOS (Entry done or more oldie sysnbNs from ITEM THREE show which autos arc covered) THE LIMIT MOST WE WILL PAY FOR ANY ONE ACCIDENT OR LOSS PREMIUM LIABILIY INSURANCE IJABILTTY INSURANCE Bodily Injury 7 310,000Each person $25,000 Each accident $2,216 Property Damage 310,000 Each accident AUTO MEDICAL PAYMENTS INSURANCE Each person Each accident UNINSURED MOTORISTS INSURANCE Each person Each accident PHYSICAL DAMAGE ENS. COMPREHENSIVE COVERAGE • ACTUAL CASH VALUE OR COST OP REPAIR, WHICHTIV FR IS LESS MINUS Deductibk FOR EACH COVERED AUTO FOR ALL LOSS EXCEPT FIRE OR IJOHTNING SPECIFIED PERILS COVERAGE Deductible FOR EACH COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM COLUMN COVERAGE Deductible FOR EACH COVERED AUTO TOWING AND LABOR S25 for h disablement of a private passenger auto FORMS AND ENDORSEMENTS CONTAINED IN THIS POLICY AT ITS INCEPTION CA0001, GIC3, GIC18, GIC2I, Glen, PP03260886 • Il PREMIUM FOR ENDORSEMENTS ESTIMATED TOTAL PREMIUM $2,216.00 ITEM THREE — Refer to reverse side for description of covered auto desighat on symbols 1 through 9. Enter symbol 10 description here: Countersigned: December 27 2011 By Authorized Signature Signature • THIS DECLARATION PACE WEIR PURSONAL AUTO POLICY PROVISIONS OR POLICY MCKEEAND PERSONAL AUTO POLICY FORM MOETHFII writ ENDORSEMENTS. IF ANY. ISM/FATOFORM A PART THEREOF. COMPLETES THE ABOVE NUM BEND POLICY. I Imatt hewsAma tt hews EFTA00287226 Guardian I NSURANCE A MEMBER OP THE LOCKHART GROUP OP COMPANIES The Guardian Building P.O. Box 9109 St. Thomas, U.S. Virgin Islands 00801 Telephone (340) 776-8050 • Facsimile (340) 7;4-8830 ITEM FOUR - SCHEDULE OF COVERED AUTOS 11OU OWN PAGE 2 OF 2 AUTO YEAR/MAKE/MODEL VIN COST NEW COST USED TERRITORY I 2008/TOYOTA / HIGHLANDER JTEES43A282016323 $ St. Thomas Yll 2 2007/FORD/RANGER IFTZR45E37PA 39787 $ St Tbrintai VI 3 2007 / FORD/ RANGER IFTYRIOU97PA39783 $ St. Thome, VI 4 2007/FORD/RANGER IFTYRI0U77PA)4459 $ St. Thom; VI 5 2003/ FORD / RANGER I FTZR45E53TA 14409 $ St. Thom. VI 6 1999/ FORD /1450 SUPER DUTY IFDXW47SOXEL76163 $ St. Thomas: vi 7 2000 / GRAD / 544/D 0355744 $ St. Thoman VI COVERAGE PREMIUMS, LIMIT AN DEDUCTIBLES Coverage is rovided where a premium and a mit arc shown for the covera Coverages A. Liability s. B. Medical Payments C. tJnin ured Motorists D Damage to your Auto Torsi Premium Pas Auto Bodily Injury Property Damage Collision Loss Other Than Collision Limit of Liability each person each accident each accident each person each accident each person each accident Actual Cash Value minus Deductible Deductible 1.4411./ D„„dibit $10,000 $25,000 $10,000 $7 11.00 Poss.+ 5165 5128 2 two/ Deds0106 $10,000 $25,000 $10,000 S293.00 PrtmIum MS $128 3 Limits I 0.44.tlible $10,000 $25,000 $10,000 . $293.00 Premium 5165 $128 Limits/ asocial, $10,000 $25,000 $10,000 S293.00 Resin $165 $128 5 Pigmies Hong/ D,,..mtibi. $10,000 $25,000 $10,000 S293.00 5165 $128 tram/ tibk $10,000 [ $25,000 $10,000 $293.00 Premiom $165 $128 as/ '''h""'' $10,000 $25,000 $10,000 $451.00 Malmo $260 $198 Una,/ Deductible 1' Irttnarin $1,250 4 ,.. $966 Contort $2.216.00 ccpl _ Or towing, all phystenldamage los is Loss Payee I 2 3 4 5 6 7 J EFTA00287227 ABC Concepts, Inc 8744 Lindberg Bay St. Thomas, VI 00802 Proposed Work Schedule January 2012 Sun Mon Tues Wed Thurs Fri Sat 1 2 3 4 5 6 7 Concrete Cutting 9 & 10 12 13 ar 14 Demolition Work 161 ir 17 Wr18 19 20 -19r 21 Fabrication Work 23 24 25 26 27 28 Installation IL_ EFTA00287228 ! il..1-irilliiiiiiiiiiiiii3 ifi' fiTiliii1w 0114 phgitligill ,i 1t pii!ifini :: t iff ,Iiii, ti. ft 'll! i 1ilif 4 ii, i -err t fillirfilii,,,firi;p11 itr ryfh MUM lii ifir!tiv I Tr! it 1111131! IM r !MEIN ir(r of, flag li a ir ft i ii rei ii- Ili ii ffili I r ! .;! hUlt i filplifti 1, ; 1.1 114 !I 1;11 ,4 - p ii iri fgt. 1 1 h 1 1 f I i i ' i i 'I iiif Milli iiirdi [04111 Ili itn711.1 Wtr Po its Tin if qui rii •iffibIll ii fig /f ift 4 ti4 II / / 1 ig Q/ qii ir 1,5c1 4 '1': lit; fsfilli ii If 1 I , tr i q - k t ! i Ji ff i' / 411 1 it 4 11 yip il , it efT il f Q • -f t 1 I - .1, ' n i . • 9 il i g T V , 1 It cj I l l Y MAGNETIC NORTI4 !I 2 ₹ C) jiTIO rm!-Pf 6;10 It I " it rgis ill! COVER SHEET, GENERAL NOTES & PROJECT LOCATION MAP 4f EFTA00287229 -Oft •-•••••••••••••••••...-•••••••••fl,•••••••••••••••••••••••••••••••••••••••••v..............e ...a...............••••••••• ••••••••••••••••••••••••••••••• ••••r.....•••• ••••••••••••• WI ...r 4 %ow A.N• ••• • r. et %I E Q 11 •••• 1- Of 4; bi Ittt st HANGER DOOR REHAB EFTA00287230