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Contract No. C003ASPRC15 (Supplemental Contract No. 1) NOTICE TO PROCEED REVISED March 7, 2022 John R. Wessel Managing Member GEC, LLC 13F Estate Bethlehem P.O. Box 1656 Kingshill, VI 00851 RE: C003ASPRC15(GEC) – Additional Work to the Design/Build for Paul E. Joseph Stadium & Sports Complex, St. Croix, U.S. Virgin Islands Dear Mr. Wessel: You are hereby notified to commence work on the above referenced contract on Monday, March 7, 2022, and fully complete work within four hundred forty-two (442) calendar days. Your contract completion date is therefore Monday, May 22, 2023. The contract provides for an assessment of liquidated damages in the sum of four hundred dollars and zero cents ($400.00) for each calendar day after the above established contract completion date that the work remains incomplete. A pre-construction meeting has been scheduled for Monday, March 7, 2022, at 11:30 a.m. via video conference on Microsoft Teams. Attached, please find the executed contract for your records. If GEC, LLC fails to comply with the terms of the enclosed Contract, the Government of the Virgin Islands will exercise all rights and remedies available to it in law and equity. Respectfully, Anthony D. Thomas Commissioner ADT/klp/tc XC: Department of Sports, Parks and Recreation Department of Public Works Department of Property and Procurement Project File OPCMR SUPPLEMENTAL CONSTRUCTION CONTRACT THIS AGREEMENT is made this day of __________, 20_, 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 Sports, Parks and Recreation (hereinafter referred to as “Government”) and GEC, LLC (hereinafter referred to as “Contractor”). WITNESSETH: WHEREAS, the parties entered into a contract for the Design/Build of Paul E. Joseph Stadium & Sports Complex on the island of St. Croix, U.S. Virgin Islands, under Original Contract No. COO3SPRC15(GEcJI, dated November 19, 2014, a copy of which is attached and incorporated herein by reference; and WHEREAS, the Government is desirous of Additional Work to the Design/Build for Paul E. Joseph Stadium & Sports Complex on the island of St. Croix, U.S. Virgin Islands which are more particularly described in Appendix A.1 (Supplemental Scope of Work), and Attachment • 1 to Appendix B (Supplemental Compensation), incorporated herein by reference and made a part of this Supplemental Construction Contract; and WHEREAS, these services are an integral and functional part for the Design/Build for Paul E. Joseph Stadium & Sports Complex on the island of St. Croix, U.S. Virgin Islands and for the betterment of services to the public and working conditions in general; and WHEREAS, the Contractor 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 Appendix A.l (Supplemental Scope of Work) incorporated herein by reference and made a part of this construction contract. 2. TERM This Contract shall commence upon execution by the Governor of the Virgin Islands and shall terminate within four hundred forty-two (442) calendar days from the issuance of the formal Notice to Proceed, or in accordance with an agreed upon extension pursuant to the General Provisions. Contractor’s Initials ___________ COO3ASPRC 1 5(GEC) 26th February 22 OPCMR 3. COMPENSATION The Government, in consideration of satisfactory performance of the services described in Appendix Al, agrees to pay the Contractor the sum of Four Million, One Hundred Thousand Dollars and Zero Cents ($4,100,000.00) in accordance with the provisions set forth in Attachment 1.1 to Appendix B (Supplemental 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, Four Hundred Dollars and Zero Cents ($400.00) 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. EFFECTIVE DATE The effective date of this Contract is upon the execution by the Governor of the U.S. Virgin Islands. 6. 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. 7. 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 Sub Base, Suite 4 St. Thomas USVI 00802 COO3ASPRC I 5(GEC) Contractor’s InitiaIs4 2 OPCMR Calvert White Commissioner Department of Sports, Parks and Recreation 8201 Sub Base, Suite 206 St. Thomas, VI 00802 CONTRACTOR John R. Wessel Managing Member GEC, LLC 13F Estate Bethlehem P.O. Box 1656 Kingshill, VI 00851 All terms and conditions of the contract for the Design/Build for Paul E. Joseph Stadium & Sports Complex on the island of St. Croix, Virgin Islands, and Original Contract No. COO3SPRC15(GEC), dated November 19, 2014, shall remain in full force and effect. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. COO3ASPRC 1 5(GEC) Contractor’s Initials________ 3 OPCMR IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS 4 ._) Caivert White Date: 12/30/2021 Commissioner Department of Sports, Parks and Recreation jp’;;, J. Antho D. Thomas Date: 2/1 7/2022 Commissioner Department of Property and Procurement CONTRACTOR /2i4 / a’J Jhn R. Wessel Managing Member GEC, LLC Date: 12-24-21 (‘Corporate seal, f Contractor is a corporation) APPROVED AS TO LEGAL SUFFICIENCY AT THE DEPARTMENT OF JUSTICE BY: Date 2/22/2022 sistan orney eneral Purchase Order No. APPROVED: Albert Bryan Jr. GOVERNOR OF THE VIRGIN ISLANDS Date: Contractor’s Initia1s COO3ASPRC I 5(GEC) 4 2-26-22 Appendix A.1 Supplemental Scope of Work ITEM NO. I DESCRIPTION OF ITEMS I UNITS I QTY I UNIT PRICE I COST B Paul E. Joseoh ““ LS. LS. LS. LS. LS. LS. LS. LS. LS. LS. 1 1 1 1 1 $555,000.00 $15,000.00 $75,000.00 $38.500.00 $195,000.00 $20,000.00 $20,000.00 $280,000.00 $890,000.00 $54,000.00 $555000.OC $1 5,000CC $75,000.OC $38,500.00 $195,000.00 $20,000.00 $20,000.00 $280,000.00 $890,000.00 $54,000.00 4 7 11 13 16 17 18 21 21 a 21 b 23 2 2a 4 5 6 8 9 Fixed Seating Press Boxes, A/V Booths, Club Area Concession Areas Adnn, Maintenance Offices and Storage Elevator Ticketing and Gate Control Building Storage Area Field - Grading, Drainage, Field Markings: Move Surcharge Materials to Field, Grading, Drainage (New) Field Lights Bull Pens, Backstop, Pads C. Terrence Martin Field PROJECT: Additional Work to the Design/Build of the Paul E. Joseph Stadium Total ======> $4,100,000.00 3 4 5 6 6a 6b Foundations - Spread Footing Type (New) Excavation Backfill & Grading Seating & Amenities Fields Mechanical, Electrical & Plumbing (New) Field Lights (New) Rest Room Structure D. Crucian Christmas Villaae No Scope E - Site Irnnrnu,nrnante Site Infrastructure - Water Site Infrastructure - Electrical Site Infrastructure -Lighting Roads. Parkina & Pathways: (New) Sidewalks & Walkways (New) Landscaping LS. LS. LS. LS. LS. LS. LS. LS. LS. LS. LS. LS. LS. 1 1 1 1 1 1 1 1 1 $92,500.00 $115,000.00 $85,000.00 $230,000.00 $95000.00 $270,000.00 $175,000.00 $77,000.00 $193,000.00 $95,000.00 $335.000.00 $95,000.00 $100,000.00 $92,500.00 $115,000.00 $85,000.00 $230,000.00 $95000.00 $270,000.00 $175,000.00 $77,000.00 $193,000.00 $95,000.00 $335,000.00 $95,000.00 $100,000.00 Contractor’s Initials__________ OPCMR COO3ASPRC2O(GEC) 5 15 OPCMR Attachment 1.1 to Appendix B Supplemental Compensation The Government, in consideration of the satisfactory performance of the services described in Appendix A. 1 (Supplemental Scope of Work), agrees to make progress payments based on the Schedule of Values and invoices submitted by the Contractor, GEC, LLC, in accordance with this Attachment 1.1 to Appendix B. The Parties agree that the sum to be paid under this contract is Four 11i11ion, One Hundred Thousand Dollars and Zero Cents ($4,100,000.00). 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 shall 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. Contractor’s Initials___________ COO3ASPRC2O(GEC) 6 15