EFTA01105323.pdf

FLrst Resort Pcti-Kki,K,0 rtrst Quautil caul sewla P.O. BOA SOS; St. Thomas, VI 00804, March 22, 2012 To: LSJ, LLC Accounts Receivable Re: First Resort Painting Invoice # 1469, Contract of August 24, 2010 Dear Sir/Madam, When working on our year end and taxes, we noticed that our invoice # 1469 of November I, 2010 has not been paid. This may have been due to our e-mailing this invoice to the incorrect address or other transmittal issues. However this work has been done and we request payment for this invoice. You can confirm completion with either Tom Melnick or Albert 'Bill' Adams. I have attached a copy of our invoice, the August 24, 2010 agreement, our business license, workman's comp, insurance and W-9 for First Resort. Please note than I have included this paperwork for 2010, the period when this work was done. Please call me at if there is any further information you require or questions you may have. Thank you, Walter I. Bostwick President First Resort Painting P.O. Box 505 St. Thomas, VI 00804 EFTA01105323  First Resort Painting Invoice P.O. Box 505 Date Invoice # St. Thomas, VI 00804 II/1/2010 1469 Bill To LSJ, LLC William Rowles 6100 Red Hook Qtrs 1.33 St. Thomas, VI 00802 P.O. No. Terms Project Cottage Ceiling Quantity Description Rate Amount 1 Ceiling Painting as per contract of August 24. 2010 5,160.00 5,160.011 Total $5.160.00 EFTA01105324  AGREEMENT 'this AGREEMENT made and entered into this 24th day of August, 2010 COMPANY: First Resort Painting COMPANY: laSJ, LLC ADDRESS: P.O. Box 505 ADDRESS: 6100 Red Hook Qtrs 133 CITY: St. Thomas, USVI 00804 CITY: St. Thomas, USVI 0(1802 ATTN: Walt r I •iwi ATTN: William Rnwlrs PHONE: PHONE herein called "Contractor" lwrein called "Owner" PROJECT: Little St. James Island #1004 Master Suite Renovations AGREEMENT NO. 01 Cost Code: 09-920 CONTRACTOR AND OWNER hereby agree as follows: I. fill'. CONTRACT IX )CUMENTS: The Contract Docuinents 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. Wally. SClIEDUI.E "A" SCOPE OF WORK / DOCUMENTS SCHEDUI "B" PRICE AND PAYMENT SCHEDULE SC1IFDDLE "C" INVOICING INSTRUCTIONS AND LEGAL Nancris All of the foregoing form 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 shall maintain at all times during the period or periods of its obligations under this Agreement, al 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: (a) Workers' Compensation with Statutory limits of liability; (b) Comprehensive General Liability Insurance in an 8111M1111 not less than $1,000,000 Each Occurrence/ $ L000.000 General Aggregate. with a sub-limit of $5,000 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 Harmless" clause in Section II). and Contractor's Protective (el Standard USVI full coverage Comprehensive Automobile Liability, including Owned, Non- Owned, and Hired Automobiles; (d) Other (Builder's Risk, Performance and Payment Bonds. Etc.). Specify hot DATE: / /1) INITIAL:, DATE: 2A5A, INITIAL: id EFTA01105325  2 Insurance certificates evidencing such insurance coverage shall be finnithcd 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. 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. 4. WARRANTIES: Contractor shall, at the request of and in a manner acceptable to Owner, correct ally defects in workmanship or materials in the Work which appear within a period or one (1) year from the date of final acceptance by Owner. ASSIGNMENT OF CONTRACT: Contractor shall not assign this Agreement nor 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 (Mee and effect. 6. INDEMNIFICATION AND I IOLA) !ARMLESS: Contractor shall indemnify Owner, and the Architects and Engineers of Owner, 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 attorney? lees 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: II, 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 otherwise 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 in C7nniractor specifying the particulars of ouch 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 he completed by others, and Contractor shall immediately on demand of Owner pay all coeds 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 stall 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 caw shall the total of all payments made to Contractor under this Agreement exceed the Contract Price set out in Schedule "B". Contractor mates 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. IX)CUMENTS REQUIRED FOR LIEN FREE PERFORMANCE OF WORK: Payment for the work shall 1w 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 if required by Owner). ,,,,, in tktail and oe tAnopletc to, lc:quilt-1J by Owner. alt work dune by CObtractor and averring that att 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: lz in INITIAL: Ir . DATE.: TA The /00 EFTA01105326  have panned work upon or provided materials for the Work up to the billing closing date. andfor (h) 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 parties hereto have executed this Agreement, for themstIves, (heir heirs. executors. administrators, successors. and permitted assigns. on the date set forth below. CONTRACTOR: FIRST RESORT PAINTING OWNER: LSJ HY: NAME: Walter Bostwick NAME: (iarty Kerney Tint ,: es/UY 7I TITLE: DATE: ILK, 2o/d DATE: DATE: Z f/4) INE1141,: DATE: INITIAL: a EFTA01105327  4 '11[1411.1. A SCOPE OF WORK Master Suite Renoval Ceiling Painting • Supply all labor. materials and equipment necessary to complete the ceiling painting (herein defined as the "Work") as per your quote dated 24 August 2010. • All required Insurance certificates to be provided before starling work or receiving payment. LSJ, LW 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 Fist Resort Painting. Fist Resort Painting 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 Power, lighting, ventilation. toilet facilities. water and ice Transportation of personnel to and from I.SJ from AYH Dock Transportation of tools and equipment to IS! from Red Hook Dock DATE: 2 y INITIAl.: DATE: 6040 MUM,: ig /0 EFTA01105328  SCHEDULE 13 PRICE AND PAYMENT SCIIEDULE 7OTAL PRICE OF THIS CONTRACT'S: $5,160.00 Motuhli, requisitions to be paid on a percentage complete basic. .Ipplicable Gross Receipts Tares to be paid hr Vim Reson Palming dN requisitions to be presented to the Owner's Remsentatiir by the manta fifth (2?) day of the month for the previous month's nark. The Owner's Representathr wilt within fitr (5) days after ;recipe of the Contractor's Applicationfor Payment. issue to the Owner a Certilkwie ofPayment. The Owner shall makepayment withinfifteen (/5) dm's ofreceipt If the CerWicate ((Payment SCHEDULE Hine limits stated herein an, of the essence of the contract. Mirk to he substantially completed within shire (3) weeks rfthe date ,iammumeemeni Date of Commencement is the date of this COMITICi Work to be coordinated and scheduled with Dun Melnick, Site Superintendent a DATE: s ey y DATE: die INI'l'IAI.: WJ to EFTA01105329  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 construction office for approval. Contractor must attach properly executed lien releases to each invoice. All invoices shall indicate the project name. unit description, total item price. amount and percentage of total item price ym, are invoicing on this invoice, and the address to which payment is to be sent. I.ien releases must he dated on the date of the invoice or later. As a condition precedent to final payment or the payment of retention to he 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 thmished materials for, the project under your contract. Mail or deliver invoices and releases to: LW, LLC 6100 Red Book Qtrs 133 St. Thomas. USVI 00R02 LEGAL NOTICES: For the purpose of protecting Preliminary Lien Rights. Preliminary Lien Notices should he mailed to all of the %Rowing: OWNER: L.S.I, I.I.0 6100 Red Hook Qtrs 83 SI.111011108. USVI 00802 DATE: Si Z , 1/ INITIAL: h ' DATE: 2, JO INITIAL: 44 EFTA01105330  License No. 100013435.2010 THE GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF LICENSING AND CONSUMER AFFAIRS LICENSING DIVISION Hereby Makes Known That, in accordance with the applicable provisions of Title 3 Chapter 16 and Title 27 V.I.C. relating to the licensing of businesses and occupations, and compliance having been made with the provisions of 10 V.I.C. Sec. 41 relating to the Civil Rights Act of the Virgin Islands, the following licensing is hereby granted Licensee FIRST RESORT PAINTING, INC Trade Name FIRST RESORT PAINTING, INC Licensee Mailing Address Trade Address P.O. BOX 505 14.5 BONNE RESOLUTION ST. THOMAS, VI 00804 HULL BAY ST. THOMAS, VI 00802 Business No. 210025 Type of License PAINTING CONTRACTOR As provided by law, the authorized licensing authority shall have the power to revoke or suspend any License issued hereunder, upon finding, after notice and adequate hearing, that such revocation or suspension is in the public interest; provided, that any persons aggrieved by any such decision of this office shall be entitled to a review of the same by the Territorial Court upon appeal made within 30 days front the date of the decision; provided, further, that all decisions 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. 2010 This License is valid from 7/1/2010 until 6t30/2011 . If a renewal is desired, the holder is responsible for making application for the same without any notice from this office. In event of failure to do so it will be understood that the business is without legal authority to continue and will be closed. It is the responsibility of the Licensee to notify the department in w riling within 30 days, when a license is to be cancelled or placed in inactive status. Issued at St. Thomas, USVI Printed on Thursday, July 29, 2010 Fee $97.50 t.. ii_ 7:12 4--..,1' et- Commissioner, Department of Lic sing and Consumer Affairs THIS LICENSE MUST BE PROMINENTLY DISPLAYED AT PLACE OF BUSINESS EFTA01105331  EFTA01105332 n GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS Date: FEBRVART 22, 2010 Office of the Custodian, Government Insurance fund VET:AR-Maga OE TINANCE Certfficate of Government Insurance Coverage I certify that the employer EMSTga.SOKIVAIDYTING, INC Ifasfiledwith the Custodian of the Government Insurance fund, the Employer's Report to the Commissioner of finance andpaid the requiredpremium in accordance with the provision of 'Title 24 Chapter 11, Section 273, of the Virgin Islands Code, and; accordingly is entitled to the rights And 6en ts of the insurance coverage established 6y law. The riskof this employer is covered By policy 10521 for the periodfrom 1,19VVART01, 2010 to DEMMER, 31, 2010 NAME & ADDRESS OF EMPLOYER TrqUTTF_SOCiaTitliWrfi n, ING T.O. BOX50.5 DIRECTOR 71(O11)1S,11.1. 00804 GOVERNMENT INSURANCE FUND 14  ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID SA BOSTWA1 09/14/10 DATE (IMMDDITYYY) PRO') v.ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE First Insurance: Water Front HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 306359 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St Thomas VI 00803-6359 Phone: Fax: INSURERS AFFORDING COVERAGE NAIL # INSURED INSURER A. Am American nos Cowan INSURERS COMPANION INC. First Resort Painting,Inc INSURER C. P.O. Box 505 INSURER St. Thomas VI 00804 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIISG YtUll POLICY NUMBER POLICY EFFEC MPwrow LTR INSR TYPE OF INSURANCE DATE (MwDIXTE(MIDDAY) DA LIMITS GENERAL LABILITY EACH OCCURRENCE S 3000000 A X COMMERCIAL GENERAL LIABILITY 12/04/09 12/04/10 griaTi6roTtucumm.o $50000 CLAIMS MADE X OCCUR MEO EXP WM am prison) S 5000 PERSONAL a ADV INJURY S 3000000 GENERAL AGGREGATE $ 3000000 GEM AGGREGATE LIMIT APPLIES PER PROOUCTS - COMP/OP AGG 53000000 POLICY rin Fl LOC AUTOMOBILE LIABLITY COMBINED SINGLE LIMIT S ANY AUTO 05/16/10 05/16/11 ft"."4" 11 _ ALL OWNED AUTOS BODILY INJURY E B X SCHEDULED AUTOS We/ peroors _ HIRED AUTOS BODILY INJURY S NOMOWNED AUTOS (Pa modem — PROPERTY DAMAGE (Pet ActidenI) $ GARAGE LIABILITY AUTO ONLY • EA ACCIDENT ANY AUTO EA ACC S OTHER THAN AUTO ONLY' AGG S L EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE AGGREGATE __ ._ 3 $ H L--. DEDUCTIBLE RETENTION S I $ $ WORKERS COMPENSATION AND WC SIM. I I OM- TORY LIMITS I ER EMPLOYERS LIABILITY ANY PROPRIETORMARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE • EA EMPLOYEE S giqiCargiaSufew E L DISEASE • POLICY UAW $ OTHER DESCRIPTION OF OPERATIONS! LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Painting Contractor-Commercial - Annual Sales $500,000 ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. GUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVE / APP AUTHORIZED REPR for Firs • A:' J.. 2 PS ACORD 25 (2001108) ACORD CORPORATION 1988 EFTA01105333  Form (few. Noventer 2005) W-9 Request for Taxpayer Give form to the requester. Do not Department el em Treasury Identification Number and Certification send to the IRS. internal Reierue S.vvce Name (as shown on your income tax return) See Specific Instructions on page 2. First Resort Painting, Inc. Business name. d different from above Print or type . Individuati Exempt Item backup Check appropriate box: Sole proptietor Iii con:cation U partnership 9 Other k. ri 1.--i wawa:ding A00ess (number. street, and apt. or suite no.) Requesters name and address (opbonall PO Box 505 City, state. and ZIP code St. Thomas, VI 00804 list account numbed') hero (optional) 'art Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSW). However, for a resident 1 4 1 4 1 1 1 alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number to enter. Part II Certification Under penalties of perjury. I codify that: t. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. and 3. I an a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you we currwaly sut$oct to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions. item 2 does not apply. For mortgage interest paid, acquisition r abandonment of second property. cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, pay ants other than interest and dividends, you are not required to sign the Certification, but you must provide your coned TIN. (See the in rurlpns on 4.) Sign Signature of Here U.S. person ► Date I. IOW Z902 0 /2— Purpose of Form • An individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number • A partnership, corporation, company, or association (TIN) to report, for example, income paid to you. real estate created or organized in the United States or under the laws transactions, mortgage interest you paid, acquisition or of the United States, or abandonment of secured property, cancellation of debt, or • Any estate (other than a foreign estate) or trust. See contributions you made to an IRA. Regulations sections 301.7701-0(a) and 7(a) for additional U.S. person. Use Form W-9 only if you are a U.S. person information. (mcluding a resident alien), to provide your correct TIN to the Special rules for partnerships. Partnerships that conduct a person requesting it (the requester) and, when applicable, to: trade or business in the United States are generally required 1. Certify that the TIN you are giving is correct (or you are to pay a withholding tax on any foreign partners' share of waiting for a number to be issued), income from such business. Further, in certain cases where a 2. Certify that you are not subject to backup withholding, or Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the 3. Claim exemption from backup withholding if you are a withholding tax. Therefore, if you are a U.S. person that is a U.S. exempt payee. partner in a partnership conducting a trade or business in the In 3 above, if applicable, you are also certifying that as a United States, provide Form W-9 to the partnership to U.S. person, your allocable share of any partnership income establish your U.S. status and avoid withholding on your from a U.S. trade or business is not subject to the share of partnership income. withholding tax on foreign partners' share of effectively connected income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding Note. If a requester gives you a form other than Form W-9 to withholding on its allocable share of net income from the request your TIN, you must use the requester's form if it is partnership conducting a trade or business in the United substantially similar to this Form W-9. States is in the following cases: For federal tax purposes, you are considered a person if you • The U.S. owner of a disregarded entity and not the entity, are: Cat. No. 10231X Fain W-9 (Rev. 11-2005) EFTA01105334  American Yacht Bailor 4-151111 6100 Red IIooIc Quarter. Sui►c I13 Si. I1 ... . s. VI 00801 All,ert Adams Projt Superinfentieni EFTA01105335