Amendment No. 1 to P007DPWT24 — Gulf Craft, L.L.C. (Department of Public Works (Highway Engineering)) [Amendment]
0 PCM R AMENDMENT NO. I OF PROFESSIONAL SERVICES CONTRACT FOR THE DESIGN, FABRICATION, AND DELIVERY OF A PASSENGER FERRY BOAT THIS AMENDMENT made as of the day of , 2024 in the Territory of the Virgin Islands, by and between the Government of the Virgin Is lands DEPARTMENT OF PROPERTY AND PROCUREMENT, on behalf of the DEPARTMENT OF PUBLIC WORKS (hereinafter referred to as “Government”) and Gulf Craft, L.L.C. whose address is 320 Boro Lane, Franklin, Louisiana, 70538 (hereinafter referred to as “Contractor”). Both parties witness to being duly authorized to execute this agreement and will attest accordingly when and where necessary. WITNESSETH WHEREAS, pursuant to Contract No. …
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0 PCM R AMENDMENT NO. I OF PROFESSIONAL SERVICES CONTRACT FOR THE DESIGN, FABRICATION, AND DELIVERY OF A PASSENGER FERRY BOAT THIS AMENDMENT made as of the day of , 2024 in the Territory of the Virgin Islands, by and between the Government of the Virgin Is lands DEPARTMENT OF PROPERTY AND PROCUREMENT, on behalf of the DEPARTMENT OF PUBLIC WORKS (hereinafter referred to as “Government”) and Gulf Craft, L.L.C. whose address is 320 Boro Lane, Franklin, Louisiana, 70538 (hereinafter referred to as “Contractor”). Both parties witness to being duly authorized to execute this agreement and will attest accordingly when and where necessary. WITNESSETH WHEREAS, pursuant to Contract No. POO7DPWT24 for Professional Services, approved by the Governor on October 31, 2023, the Government contracted with Contractor to provide Design, Fabrication, and Delivery of a Passenger Ferry Boat; and WHEREAS, the Contract expires pursuant to its terms on October 30, 2025; and WHEREAS, the parties desire to amend the Contract, to include additional deliverables to the Scope of Work in Addendum I and to increase the compensation by Eighty-Nine Thousand, Nine Hundred and Four Dollars and Zero Cents ($89,904.00); and NOW THEREFORE, for mutual and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Amendment No. I to Contract No. POO7DPWT24 Initials: April 1st xxxx 2025 OPCMR TERMS AND CONDITIONS 1 Paragraph No. 3 of the Contract is hereby amended to increase the compensation by Eighty-Nine Thousand, Nine Hundred and Four Dollars and Zero Cents ($89,904.00) for a total amount not to exceed Seven Million, Eight Hundred Ninety-Six Thousand, Three Hundred One Dollars and Zero Cents ($7,896,301.00) by deleting all ofthe existing language contained therein and replacing it with new language as follows: “The Government, in consideration of the satisfactory pertormance of the services described in Addendum I (Scope of Work) agrees to pay Contractor a sum not to exceed Seven Million, Eight Hundred Ninety-Six Thousand, Three Hundred One Dollars and Zero Cents ($7,896,301.00) in accordance with the provisions set forth in 1st Amended Addendum 11 (ISt Amended Compensation) attached hereto and made a part of this Contract.” 2. Addendum I is hereby amended by adding the following language immediately following the end of the existing text: “(a) Contractor shall complete HVAC System installation on the AFT main deck; (b) Contractor shall install six (6) 43” televisions on the main deck interior walls; (c) Contractor shall use Sherwin Williams paint for all paint applications.; and (d) Contractor shall paint the entire vessel exterior, including exterior overhead sections, exterior bulwark inboard sections, inside stairwell sections, and inboard side of foredeck’s bulwarks, and fashion plate.” 3. Addendum II of the Contract is revised by deleting all terms contained therein and inserting in lieu thereof all of the terms contained in l Amended Addendum II attached hereto as Exhibit “A”. 4. This Amendment is subject to the approval of Governor of the Virgin Islands and to the appropriation and availability of funds. 2 Amendment No. I to Contract No. POO7DPWT24 Initials: Ri. 0 PC MR 5. Except as expressly amended in this Amendment, all terms of the Contract remain in full force and effect. 6. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. {INTENTIONALLY LEFT BLANK; SIGNATURES TO FOLLOW} 3 Amendment No. 1 to Contract No. POO7DPWT24 Initials: IN WITNESS WHEREOF, the Parties have hereunto set their hands on the day and year first above written. GOVERNMENT OF THE VIRGIN ISLANDS ae: big. ie 03/17/2025 Lisa M. Alejandro, Commissioner Date “Department of Property & Procurement sf aloes ™ Derek Gabriel, Commissioner Date Department of Public Works CONTRACTOR fate Meg FS R, tt Tibbs, II, President and Member Date Gulf Craft, L.L.C. (Corporate Seal if Contractor is a Corporation) APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: Date: dis Assistant Attorney General APPROVED: GOVERNOR OF THE U.S. VIRGIN ISLANDS Amendment No. | to Contract No. POO7DPWT24 Initiats: AOE- OPCMR CONTRACT FOR PROFESSIONAL SERVICES FOR THE DESIGN, FABRICATION AND DELIVERY OF A PASSENGER FERRY BOAT THIS AGREEMENT is made this 31st day of October , 2023 by and between the Government of the Virgin Islands, Department of Property & Procurement, on behalf of the Department of Public Works (hereinafter referred to as “Government” and/or “Owner’’) and Gulf Craft, L.L.C. (hereinafter referred to as “Contractor”). WITNESSETH: WHEREAS, the Government is in need of a contractor to furnish all labor, materials and equipment necessary for the design, fabrication and delivery of a passenger ferry boat in strict accordance with the 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); WHEREAS, the Government solicited the services through BD-23-610-6101-198; 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 all labor, materials, equipment and services described for the design, fabrication and delivery of a passenger ferry boat in accordance with the specifications and requirements which are more particularly described in Addendum I (Scope of Work) and subject to Attachment A (Contractor’s Technical Approach) and Attachment B (Vessel Design and Specifications), incorporated herein by reference and made a part of this Contract. 2. TERM This Contract shall commence upon execution by the Governor of the U.S. Virgin Islands and shall terminate within seven hundred thirty (730) calendar days from the issuance of the formal Notice to Proceed or in accordance with an approved extension of time granted by the Commissioner of the Department of Property and Procurement. oy COMPENSATION The Government, in consideration of satisfactory performance of the services described in Addendum I, agrees to pay the Contractor the sum of Seven Million, Eight Hundred Six Contract No, POO7DPWT24 Contractor’s Initials: 5 OPCMR Thousand, Three Hundred Ninety-Seven Dollars and Zero Cents ($7,806,397.00) in accordance with the provisions set forth in Addendum II (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, five hundred fifty dollars ($550.00) 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 To the extent any work is done on a time and materials basis, the Contractor will present documented, precise records of time and/or money expended under this Contract. 6. PROFESSIONAL STANDARDS The Contractor agrees that with regard to any work performed in the United States Virgin Islands by Contractor to maintain the professional standards applicable to its profession and to Contractors doing business in the United States Virgin Islands. T DOCUMENTS, PRINTOUTS, ETC, Certified copies of all documents, books, records, instructional materials, programs, printouts and memoranda of every description derived therefrom and pertaining to this Contract created by Contractor or provided to Contractor by any manufacturer 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. 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 contractors, Contract No, P007DPWT24 Contractor’s Initials: >) OPCMR 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. INDEPENDENT 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 [RESERVED] 13. WAIVERS AND AMENDMENTS (a) 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 no 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. (b) The Scope of Work, Compensation and Extensions beyond those specified in the Contract may be changed only through a written amendment executed by both parties as set forth in this section. Government may alter or amend the Scope of Work by presenting Contractor with a written request for the same. The written request shall identify the requested change(s) with particularity and estimate the effect(s) they might have upon the Compensation and Delivery Date. Within a week following receipt, Contractor shall provide a written response to outline with particularity, all costs and expenses necessary to manifest the change(s) requested by the Government, and any effect the change(s) will have upon the Compensation, the Payment Schedule and/or Delivery Date, as applicable; the written response from Contractor shall identify any savings/decrease in material and Contract No, P0O7DPWT24 Contractor’s Initials: ST OPCMR labor as well as any increase in price. Within a week of its receipt, the Government shall either accept the proposal, or respond with an alternate proposal in writing. Should Contractor wish to alter or amend any part of the Scope of Work, whether by reason of error, improper fit, impracticality, conflict within the Technical Specification and/or concern as to meeting applicable regulatory, classification and certification requirements, or otherwise, or adjust the Compensation, any Progress Payment due date and/or the Delivery Date, such request for change must be submitted to Government sufficiently in advance and in writing, with full details and explanation from Contractor, and all such changes must be specifically approved by Government through execution of a an amendment as set forth in this section. Contractor must make any such request for a change at least thirty (30) days in advance of when the relevant work is to commence and/or the change is to otherwise be implemented, giving Government sufficient time to review and approve of the same. Government may reject any request for a change from Contractor which is not made in advance at Government’s sole and absolute discretion. 14, ENTIRE AGREEMENT This Contract constitutes the entire agreement of the parties relating to the subject matter addressed in this Contract. This Contract supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Contract, 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, after providing Contractor an opportunity to contest in the appropriate dispute resolution forum, 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. No such withholding or application shall be made by the Government if and while Contractor gives satisfactory assurance to the Government that such claims will be paid by Contractor or its insurance carrier, if applicable in the event that such contest is no successful. 16. CONDITION PRECEDENT This Contract shall be subject to the availability and appropriation of funds and to the approval of the Governor of the U.S. Virgin Islands. Until such condition precedent has occurred, Contractor is under no obligation to do any work, service or order any materials hereunder. Contract No. poo7DPWT24 Contractor’s Initials: ST OPCMR 17. TERMINATION Either Party will have the right to terminate this Contract with cause on thirty (30) days written notice to the other party specifying the date of termination. 18, PARTIAL TERMINATION 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 thirty (30) 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, including the costs of all materials ordered by Contractor which have not yet been delivered prior to and up, to the date of termination, which materials shall be turned over to the Government of the Virgin Islands on receipt by the Contractor, including payment for the period of the thirty (30) days’ notice. 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, or judicial branch 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. Contract No. P0O7DPWT24 Contractor’s Initials; ST OPCMR 21. EFFECTIVE DATE The effective date of this Contract is upon the execution by the Governor of the U.S. Virgin Islands and the provisions of Paragraph 16. Condition Precedent, 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 Lisa M. Alejandro Commissioner Designee Department of Property and Procurement #3274 Estate Richmond Christiansted, VI 00820 Derek Gabriel Commissioner Department of Public Works 6002 Estate Anna’s Hope Christiansted, VI 00820 CONTRACTOR R. Scott Tibbs, II President and Member Gulf Craft, L.L.C. 320 Boro Lane Franklin, LA 70538 23. LICENSURE The Contractor covenants that, with regard to any work performed within the Territory of the U.S. Virgin Islands, it has: a. obtained all of the applicable licenses or permits, temporary or otherwise, as required 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. The Contractor further covenants it is in compliance with all licensing requirements of the State of Louisiana and any other jurisdiction where it will perform work under this Contract. Contract No, POO7 DPWT24 Contractor’s Initials; ST OPCMR 24. CONTRACTOR’S REPRESENTATIONS The Contractor agrees that it is 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 Notice to Proceed and Paragraph 2 of this Contract or as extended in accordance with the provisions of the Contract. The Work shall be done under the direct supervision of the Government, and in accordance with the procurement laws of the Government and it Rules and Regulations thereunder issued and the laws of the applicable jurisdiction and any and all applicable federal rules and regulations. 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; and that all monies payable to it hereunder are free from obligation to any other person for services rendered, 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 Contract No. P007DPWT24 Contractor’s Initials: ST OPCMR 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 or 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 shall 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 the applicable jurisdiction where the work is being performed. 30. OTHER PROVISIONS Addendum I (Scope of Work), Addendum II (Compensation), Addendum III (Marine Warranty); Addendum IV (Federal Clauses); Addendum V (DBE Provisions); Attachment A (Contractor’s Technical Approach); Attachment B (Vessel Design and Specifications); Attachment C (Acceptance Certificate); and Attachment D (Delivery Certificate) attached hereto are hereby incorporated by reference and made a part of this Contract. 31. INSURANCE Contractor shall maintain the following insurance coverages during the term of this Contract (a) BUILDER’S RISK: Builder’s Risk insurance insuring the ferry boat and items identified to the ferry boat to its full insurable value, but in any event, not less than the sum of the Government’s aggregate payments to Contractor hereunder and the value of Owner- Furnished Equipment (“OFE”), as described. (b) 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 eight million dollars ($8,000,000.00) for any one person per occurrence for death or personal injury and eight million dollars ($8,000,000.00) for any one 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. Contract No. POO7DPWT24 Contractor’s Initials: Of OPCMR (c) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. 32, STANDARDS The Contractor certifies the ferry boat will be designed in accordance with International Organization for Standardization (ISO) standards and construction will be completed in accordance with American Boat and Yacht Council (ABYC) standards and United States Coast Guard (USCG) regulations. 33. DELIVERY DATE The ferry boat shall be delivered within 730 days from the Notice to Proceed unless extended by the terms of this Contract particularly those set out in Paragraph 2. The Contractor agrees to work with due diligence towards the completion of the ferry boat. Delivery is Free on Board (FOB) Destination at the Austin “Babe” Monsanto Maine Terminal in Crown Bay, St. Thomas, US Virgin Islands. The Delivery shall only be made after the ferry boat is accepted for delivery at Contractor’s shipyard in Louisiana, and any delay in providing such acceptance shall extend the delivery date by such delay. 34, COMPLETION AND TENDER FOR DELIVERY The Parties agree that the ferry boat shall be accepted for delivery at Contractor’s shipyard in Louisiana when the Contractor has completed construction of the ferry boat in accordance with Addendum I. Prior to acceptance, the Parties shall compile a list of incomplete or unsatisfactorily completed items (“Exceptions List”), The Parties agree that any work to be performed by the Contractor on the items set forth on the Exceptions List and any other work remaining to be performed by the Contractor will be performed on a schedule agreeable to the parties at the Contractor’s Yard. Once the items on the Exception List have been resolved to the satisfaction of the Government, the Contractor will then execute an Acceptance Certificate in the form of Attachment C (Acceptance Certificate) prior to vessel departure from Gulf Craft, LLC, Franklin, LA for delivery of completed vessel to FOB Destination at the Austin “Babe” Monsanto Maine Terminal in Crown Bay, St. Thomas, US Virgin Islands. Upon delivery of vessel to the Austin “Babe” Monsanto Maine Terminal in Crown Bay, St. Thomas, US Virgin Islands, a Delivery Certificate in the form of Attachment D (Delivery Certificate) shall be executed, and final progress payment will become due. 35. LATE DELIVERY If the Contractor fails to deliver the ferry boat to the Government within the time permitted, the Government may declare the Contractor in default and assess liquidated damages in accordance with Paragraph 4. It is understood that Contractor shall not be held responsible or liable for any delay caused by the flag state authority, classification society, any other governmental authority, civil or military authority, epidemics, pandemic, supply chain issues, work shutdowns due to Contract No. POO7DPWT24 Contractor’s Initials; S$ OPCMR illness or quarantine of laborers, insurrection or strikes, riots, labor troubles or civil commotion of any kind (excluding labor troubles of Contractor), embargoes, or by any other matter beyond the reasonable control of the Contractor. Any loss, damage or delay shall not operate as a waiver or release of any other undertakings covered by this Contract but extends the date of such undertakings only for as long as the Contractor shall have been delayed by such causes. 36. RISK OF LOSS During the design, fabrication and delivery, the Contractor shall retain title and assume all risk of loss of the ferry boat. At the time the ferry boat is delivered to the Government at the Austin “Babe” Monsanto Maine Terminal in Crown Bay, St. Thomas, US Virgin Islands, the Government will assume all risk of loss for the ferry boat and the Contractor’s obligation to insure the ferry boat will terminate. (a) Repairable Damages. If the ferry boat sustains repairable damage during its manufacture/build and outfitting and prior to delivery, as determined in the Underwriter’s reasonable discretion, and Contractor is not in default hereunder, all proceeds payable under Contractor’s standard builder’s risk insurance policy will be applied to repairing the damage. The Contractor shall repair the damage as soon as reasonably practicable. Notwithstanding the foregoing, the Government shall have no obligation to accept the delivery of the ferry boat after it has sustained repairable damage unless the ferry boat is returned to its pre-casualty condition in all material respects. (b) Unrepairable Damage. If the ferry boat sustain unrepairable damage during its manufacture/build and outfitting and prior to delivery, or if the ferry boat is declared an actual, agreed or constructive total loss in the Underwriter’s reasonable discretion, the Contractor shall reimburse to the Government all payments previously received from the Government, together with the cost of all materials, and equipment furnished by the Government without interest, upon receipt of the insurance proceeds, in which case the parties will have no further obligations to one another under this Contract. Any dispute as to whether the damage is repairable shall be submitted to the Surveyor, who will be appointed by mutual consent of the Parties, whose decision shall be final and binding on the parties. 37. WARRANTY The Contractor warrants that the ferry boat shall substantially conform to the specifications and extends a warranty as provided for in Addendum III attached hereto and made part of this Contract. Contract No. POO7DPW1T24 Contractor’s Initials: 51 10 OPCMR 38. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. {INTENTIONALLY LEFT BLANK, SIGNATURES FOLLOW} Contract No. POO7DPWT24 . Contractor’s Initials: 9T 11 OPCMR IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. GOVERNMENT OF THE VIRGIN ISLANDS Date: (O/|& Res » Derek Gabrie Commissioner Department of Public Works Mo VC RUOTA Date: 10/24/2023 Lisa Mé Alejandro "+ Commissioner Designee. Department of Property and Procurement CON CTOR Date: /6-/5-.#29 . Scott Tibbs, II, President and Member Gulf Craft, L.L.C. (Corporate seal, if Contractor is a corporation) APPROVED AS TO LEGAL SUFFICIENCY AT THE DEPARTMENT OF JUSTICE BY: Is/ oe Gielen Aes Choa Fag Date 10/25/23 ASSISTANT ATTORMEY GEWERAL APPROVED: ZBSS~ Date:___ o/s Alber Jr. GOVERNOR OF THE VIRGIN ISLANDS Purchase Order No. Contract No. POO7DPWT24 Contractor’s Initials: 4 12