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HomeMy WebLinkAboutNIELSON BUILDING SYSTEMS AGREEMENT FOR CONSTRUCTION OF TRAINING TOWER BURN SIMULATOR AGREEMENT FOR CONSTRUCTION OF TRAINING TOWER/BURN SIMULATOR THIS AGREEMENT ("Agreement") is made between Augusta, Georgia, a political subdivision of the State of Georgia (hereafter referred to as "Augusta") and Nielsen Building Systems, Inc. (hereafter referred to as ''NBS''), a corporation with offices at 4820 Six Mile Road, Racine, Wisconsin 53402. WHEREAS, Augusta issued an Invitation to Bid, Bid Item #07-167, for Design and Construction of Training Tower/Bum Simulator for the Augusta Fire Department (the "Bid"); and WHEREAS, NBS submitted a response to the Bid; and WHEREAS, NBS was notified that it was the successful bidder; and WHEREAS, it is appropriate the terms of the agreement between the parties be set down in writing. NOW THEREFORE, in consideration of the promises contained herein, the parties covenant and agree as follows: 1. Scope of Project. NBS agrees to construct, pursuant to and consistent with the construction plans prepared by Fire Facilities Inc. (the "Plans") , as approved by Owner and the State of Georgia, a Training Tower/Bum Simulator (the "Tower"). In the construction of the Tower NBS shall abide by and adhere to all local, state, and federal regulations, including but not limited to all construction and building codes. 2. Pricing and Change Orders. Pricing, as of the date of this Agreement is based on the Plans and final working drawings that have been provided to NBS. Prior to beginning construction and permitting, final building plans will be submitted to Owner for approval. Owner shall evidence its approval of the final plans in writing (the "Final Plans"). Any modifications to the Final Plans shall be made in writing. Any changes to the pricing of the project due to any such modifications to the Final Plans shall be agreed to by the parties in writing prior to such change being made. The contract price as of the date of this Agreement is $1,315,461.00 and shall be considered a firm cost figure (the "Contract Price"). Should Owner or any agency alter the conditions or specifications that would result in a change in the Contract Price, the Contract Price shall be increased or decreased depending on the actual changes made. Any additional costs will be added to the Contract Price on an actual fee basis plus a $75.00 per hour for time expended by NBS due to such change. In the event the parties agree to changes to the scope of services or Final Plans which alter the construction costs, such additional costs shall be added to the contract at NBS's actual cost plus twelve and one half (12.5%) percent. In the event that Owner elects to alter or otherwise reduce the scope of the project or abandon the project, Owner shall pay to NBS any costs incurred by NBS up to such that point for such eliminated work, plus seven and one half (7.5 %) percent as a handling fee. 3. Payment for Materials. Except as otherwise noted, NBS shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work agreed upon. Unless otherwise specified, all materials shall be new and of good quality. 4. Quality Standards. Workmanship shall adhere to the best practices of the trade. All work shall be performed consistent with the building, fire and safety codes of Augusta, Georgia and specifically all steel work shall comply with A.L.S.C., M.B.M.A., S.J.!., & S.D.I. and all concrete work to conform to A.C.I. It is acknowledged and understood by Owner that concrete is not an elastic material and sometimes will crack in locations other than the control joints. Although cracks may be unsightly they do not effect the structural integrity of the concrete. NBS shall use its best efforts to avoid such cracking. 5. following: Scope of Services. The scope of services to be provided shall include the · Obtaining and payment for all performance and payment bonds required pursuant to the Bid. · Obtaining and payment for all necessary permits. · Building Foundation design and installation. · Obtaining, payment for and installation of a Wesco Model WT-4 Commissioner - custom - Fire Facilities, Inc. - Structure. · Payment of all freight charges for any supplies or equipment used in the construction of or installed in Tower. · Complete and payment for all erection services. · Payment for and installation of Natural Gas System with props. · Payment for and installation of underground natural gas lateral utility lines. · All necessary site preparation shall be completed by Owner at its cost and expense. · Providing of all construction services and all reasonably necessary supervisory personnel. · Adhering to all general conditions and specifications provided for in the Bid as well as NBS's response to the Bid, the terms and conditions of the Bid and the response being incorporated herein by reference. · Performing all necessary excavation for the construction of the Tower, assuming normal sub-surface soil conditions (normal sub-surface soil conditions with a minimum of 3,000 PSF soil bearing capacity at footing depth and we also assume a maximum depth of 12" of top soil). In the event of poor soil conditions, rock, unstable or unsuitable subsoil, underground obstructions or excessive water, are encountered, the Owner shall pay for extra work and/or soil testing costs to remedy such conditions, including the costs of de- watering if excessive ground water is encountered. In the event that substantial frost is encountered in the ground and winter protection is required for concrete work Owner shall be responsible for any additional cost (heated concrete and mortar). · Excluded from the scope of services is any costs relating to zoning or conditional use permits, or any services requested that are not a part of the construction of the Tower or not related to the actual construction of the project. 6. Insurance. NBS shall provide, at its cost, all insurance coverages required by the Bid. In the event that Owner wishes to obtain builders risk insurance, it shall do so at its own cost. 7. Force Majeure. NBS is not responsible for delays caused by acts of God, labor disruptions, or occurrences beyond the control of NBS. Weather below freezing, excessive winds, rain, and snow are all causes for non-working days. In the case of masonry construction, temperatures above freezing must be maintained. It is owner's option and expense to order NBS to build heated enclosures for winter masonry construction. NBS shall not be responsible for delays caused by strikes, lock-outs, or other labor troubles, flood, fires, transportation delays or other contingencies beyond the Contractor's control. All shipping dates are given approximately and the Contractor shall make every effort to maintain schedules but shall not be liable for damages on account of delays. 8. Time of Completion. It is estimated that the time of completion will be approximately 24 weeks. Upon the execution of this Agreement NBS commence construction of the tower, and such construction efforts shall be continually and promptly preformed, and shall not be stopped except for inclement weather and emergencies. In the event NBS ceases to perform as required under the terms of this Agreement for a period of thirty (30) days, Owner may terminate this Agreement and a final accounting for work performed through the date of termination shall be performed. 9. Real Property. Owner acknowledges that it has free and unencumbered title to the property upon which the Tower will be constructed. 10. Waiver of Rights. Failure of either party to enforce any of the conditions or to exercise any right available to it, shall not affect its rights nor shall any such failure act as a waiver of other future occurrences. 11. Compensation. Billings will be sent on monthly basis as construction progresses. For all services rendered by NBS under this Agreement, NBS shall be paid for all services provided under this Agreement according to the price schedule contained in [SCHEDULE?]. NBS shall submit such paperwork and other submittals that Owner may reasonably request for partial or interim payments, including but not evidence that work for which payment is requested has been completed to the satisfaction of Owner. Upon receipt of such requested information, Owner agrees to pay NBS per quoted terms which are 1 % discount for 10 day payment or net 30. Discounts will not be allowed to be deducted from any invoice but will be credited against the final contract amount if terms are complied with. 12. Governing Law. This agreement shall be subject to and governed according to the laws of the State of Georgia, irrespective of the fact that either party is or may become a resident of another state. 13. Assignment. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto, such consent not to be unreasonably withheld, and any attempted assignment without such consent shall be considered null and void. .. 14. Venue. All claims, disputes and other matters in question between NBS and Augusta arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. NBS, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 15. Indemnification by Contractor. To the extent allowable by law, NBS, Inc. hereby agrees to defend, indemnify and hold harmless City, its Commissioners, officers, employees, and agents from and against any and all losses, third party claims, damages, liabilities, costs and expenses (including but not limited to all actions, proceedings or investigations in respect thereof and any costs of judgments, settlements, court costs, attorney's fees or expenses), caused by, relating to, based upon or arising out of any act or omission by NBS, its directors, officers, employees, subcontractors, successors, assigns or agents of NBS, relating to its performance under the terms of this Agreement. 16. Miscellaneous. If any provision of this Agreement is invalid or inoperative under law, the remaining provisions of this Agreement shall continue in full force and effect. This Agreement contains the entire agreement of the parties, and supersedes any and all previous agreements they may have made, whether orally or in writing. This agreement is binding upon the parties hereto, their heirs, executors, administrators, assigns, trustees, and other successors in interest. IN WITNESS WHEREOF, the parties hereto have set their hands, H.. ITS: r#o/t'~s /'? J uI'/N..50N V I' t!"C ~ ?;t('J"6. 1\ .~ ,_ Attest:~ Wl.~ ITS: