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Contract No. PO-24-810-8102-688 (Supplemental Contract No. 2) NOTICE TO PROCEED September 23, 2024 John R. Wessel Managing Member GEC, LLC 13F Estate Bethlehem P.O. Box 1656 Kingshill, VI 00851 RE: Supplemental Construction Contract No. PO-24-810-8102-688 - Supplemental Construction Contract No. 2 to the Design/Build of 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 Friday, October 4, 2024, and fully complete work within Two Hundred Sixty-Eight (268) calendar days. Your contract completion date is therefore Saturday, June 28, 2025. The contract provides for an assessment of liquidated damages in the sum of Four Hundred Fifty Dollars and Zero cents ($450.00) for each calendar day after the above established contract completion date that the work remains incomplete. A pre-construction meeting has been scheduled for Thursday, September 26, 2024, at 3:00 p.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, Lisa M. Alejandro Commissioner LMA/drp/tc XC: Department of Sports, Parks & Recreation Department of Public Works Virgin Islands Public Finance Authority Department of Property and Procurement Project File OPCMR Contract No. PO-24-810-8102-688 : ________________ 1 SUPPLEMENTAL CONSTRUCTION CONTRACT NO. 2 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 GEC, LLC 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. C003SPRC15(GEC), dated November 19, 2014, and a supplemental contract for the Additional Work to the Design/Build of Paul E. Joseph Stadium & Sports Complex on the island of St. Croix, U.S. Virgin Islands, under Supplemental Contract No. C003ASPRC15(GEC), dated February 26, 2022, copies of which are attached and incorporated herein by reference; and WHEREAS, the Government is desirous of additional work for the Design/Build of Paul E. Joseph Stadium & Sports Complex on the island of St. Croix, U.S. Virgin Islands which is more particularly described in Appendix A.2 (2nd Supplemental Scope of Work), and Attachment 1.2 to Appendix B (2nd Supplemental Compensation), incorporated herein by reference and made a part of this Supplemental Construction Contract No. 2; and WHEREAS, these services are an integral and functional part of the Design/Build of Paul E. Joseph Stadium & Sports Complex on the island of St. Croix, U.S. Virgin Islands; and WHEREAS, the Contractor is willing and capable of providing such additional 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.2 (2nd Supplemental Scope of Work) incorporated herein by reference and made a part of this Supplemental Construction Contract No. 2. 2. TERM This Contract shall commence upon execution by the Governor of the U.S. Virgin Islands and shall terminate within Two Hundred Sixty-Eight (268) calendar days from the issuance of the formal Notice to Proceed, or in accordance with an agreed upon extension pursuant to the General Provisions. 10th 24 September OPCMR Contract No. PO-24-810-8102-688 : ________________ 2 3. COMPENSATION The Government, in consideration of satisfactory performance of the services described in Appendix A.2, agrees to pay the Contractor the sum of Five Million, One Hundred Twenty- Four Thousand Dollars and Zero Cents ($5,124,000.00) in accordance with the provisions set forth in Attachment 1.2 to Appendix B (2nd Supplemental Compensation), attached hereto is hereby incorporated by reference and made a part of this Supplemental Construction Contract No. 2. 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 Fifty Dollars and Zero Cents ($450.00) 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 Lisa M. Alejandro Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas, VI 00802 Calvert White Commissioner Department of Sports, Parks and Recreation 8201 Sub Base, Suite 206 St. Thomas, VI 00802 OPCMR Contract No. PO-24-810-8102-688 Contractor’s Initials: ________________ 3 CONTRACTOR John R. Wessel Managing Member GEC, LLC 13F Estate Bethlehem P.O. Box 1656 Kingshill, VI 00851 8. INSURANCE The Contractor shall maintain the following insurance coverages during the term of this Supplemental Construction Contract No. 2: (a) 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 one million dollars ($1,000,000.00) for any one person per occurrence for death or personal injury, two million dollars ($2,000,000.00) in the aggregate, one million dollars ($1,000,000.00) 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. (b) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. All terms and conditions of the contract for the Design/Build of Paul E. Joseph Stadium & Sports Complex, St. Croix, U.S. Virgin Islands, in Contract No. C003SPRC15(GEC), dated November 19, 2014, and of the supplemental contract for the Additional Work to the Design/Build of Paul E. Joseph Stadium & Sports Complex, St. Croix, U.S. Virgin Islands, in Supplemental Contract No. C003ASPRC15(GEC), dated February 26, 2022, both attached hereto and incorporated herein by reference, shall remain in full force and effect. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. OPCMR Contract No. PO-24-810-8102-688 : ________________ 5 Appendix A.2 2nd Supplemental Scope of Work Supplemental Contract No. 2 to the Design/Build of Paul E. Joseph Stadium & Sports Complex, St. Croix, Virgin Islands ITEM NO. DESCRIPTION OF ITEMS UNIT QTY. UNIT PRICE COST B-7(iii) B-7(iii)-1 Construction LS. 1 $350,000.00 $350,000.00 B-7(iii)-2 Design, Engineering, Permitting LS. 1 $35,000.00 $35,000.00 B-4(iig) Construction for Backs on Bleachers LS. 1 $150,000.00 $150,000.00 B-7(iv) Construction of Four Additional Camera Locations for the Media LS. 1 $60,000.00 $60,000.00 B-26(g) Installation of a 750kw Site Generator B-26(g)-1 Construction LS. 1 $870,000.00 $870,000.00 B-26(g)-2 Design, Engineering, Permitting LS. 1 $35,000.00 $35,000.00 B-7(v) Addition of a Camera Platform at Outfield for Camera, incl. Roof, Railings & Secure Stairs B-7(v)-1 Construction LS. 1 $54,000.00 $54,000.00 B-7(v)-2 Design, Engineering, Permitting LS. 1 $10,000.00 $10,000.00 ALL-1 Installation of Field & Concession Equipment Allowance LS. 1 $500,000.00 $500,000.00 E-5(v)-1 Change the Outfield Perimeter Wall to Concrete with Padding E-5(v)-1a Construction LS. 1 $1,240,000.00 $1,240,000.00 E-5(v)-1b Design, Engineering, Permitting LS. 1 $25,000.00 $25,000.00 E-5(ii)-1 Change Site Lighting to Solar E-5(ii)-1a Construction LS. 1 $250,000.00 $250,000.00 E-5(ii)-1b Design, Engineering, Permitting LS. 1 $6,000.00 $6,000.00 C-4(iig) Addition of a Lawn Equipment Storage under the Terrance Martin Softball Field Bleachers C-4(iig)-1 Construction LS. 1 $75,000.00 $75,000.00 C-4(iig)-2 Design, Engineering, Permitting LS. 1 $15,000.00 $15,000.00 E-8 Addition of a Perimeter Fence to Enclose Project Site LS. 1 $375,000.00 $375,000.00 OPCMR Contract No. PO-24-810-8102-688 : ________________ 6 Appendix A.2 2nd Supplemental Scope of Work ITEM NO. DESCRIPTION OF ITEMS UNIT QTY. UNIT PRICE COST F Conditional Letter of Map Revision (CLOMR) Improvements F-1 (A) 10-foot-wide Drainage Swale East Side LS. 1 $25,000.00 $25,000.00 F-2 (B) Drainage Swale West Side LS. 1 $15,000.00 $15,000.00 F-3 (C) Concrete Retaining Wall East Side LS. 1 $90,000.00 $90,000.00 F-4 (D) Additional Site Grading LS. 1 $130,000.00 $130,000.00 E-9 The Design and Addition of Security Cameras LS. 1 $50,000.00 $50,000.00 E-3(iv) Installation of Sewer Manholes at the Terrance Martin Softball Field E-3(iv)-1 Construction LS. 1 80,000.00 $80,000.00 E-3(iv)-2 Design, Engineering, Permitting LS. 1 $10,000.00 $10,000.00 E-10 Installation of New Duct Banks for Future Fiber Relocation E-10a Construction LS. 1 $600,000.00 $600,000.00 E-10b Design, Engineering, Permitting LS. 1 $24,000.00 $24,000.00 E-11 Design for Camera Connections at Stadium and Media Connection Panel at the Parking Lot LS. 1 $50,000.00 $50,000.00 FIVE MILLION, ONE HUNDRED TWENTY-FOUR THOUSAND DOLLARS AND ZERO CENTS $5,124,000.00 OPCMR Contract No. PO-24-810-8102-688 : ________________ 7 Attachment 1.2 to Appendix B 2nd Supplemental Compensation The Government, in consideration of the satisfactory performance of the services described in Appendix A.2 (2nd 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 1.2 to Appendix B. The Parties agree that the sum to be paid under this Contract is Five Million, One Hundred Twenty-Four Thousand Dollars and Zero Cents ($5,124,000.00). 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 documentation the Government deems necessary.