HomeMy Public PortalAboutSenior Center Kingstruction Inc ContractCONSTRUCTION AGREEMENT BETWEEN KINGSTRUCTION, INC AND
CITY OF CRESTVIEW
General Contractor License No. CGC1528121
THIS AGREEMENT is a CONTRACT FOR SERVICES and is made this 4th day of April, 2024 by
and between Kingstruction. Inc ("BUILDER"), and City of Crestview ("OWNER") for the Renovation of Senior
Center (the "PROJECT") located in Okaloosa County, Florida, and also known and numbered as City of
Crestview Senior Center 205 Stillwell Blvd Crestview, FL 32539.
The BUILDER and OWNER agree as follows:
1) Contract Documents.
The terms of this contract include the terms and conditions of this contract and, incorporated by reference,
the provisions in the other documents specifically listed in EXHIBIT A. The terms of this agreement shall
prevail over any conflicting provisions in the documents incorporated by reference. If a conflict exists
between the plans and the specifications, the specifications shall govern.
2) The Work.
Unless otherwise specifically noted, Builder shall provide and pay for all labor, materials, equipment, tools,
construction equipment and machinery, transportation, and other facilities and services necessary for the
proper execution and completion of the Project. The work shall be done substantially in conformance with
the plans and specifications that have been initialed or signed by each party. These plans and specifications
are attached to this contract and incorporated into it as Exhibit A.
BUILDER SHALL NOT BE RESPONSIBLE FOR THE FOLLOWING:
• Existing Building Code violations, repairs and existing conditions;
• All Permit and Sub Permit fees;
• Any governmental fees associated with construction;
• Unforeseen, concealed, and hidden conditions that may affect the scope of work and/or
work schedule, which will result in additional General Conditions costs;
• Additional work requested by the building inspectors;
• Changes by Owner, Architect and/or Building Department;
• Builders Risk Insurance and Bonds;
• Architecture/ Engineering Fees;
• Any related costs to cover any errors and omissions on the permitted set of plans;
• Overtime and weekend work;
• Asbestos, containment, abatement and testing;
• Temporary electric and water;
• Low voltage, data, phone, audio and video;
• Fire Alarm;
• Fire Protection;
• Burglary security;
• Site work of any kind;
• New closets;
• Stainless steel tub;
• New cages;
• Engineering, permits, and/or any other certifications;
• FPL or other utility companies fee;
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• Slab X-Rays;
• Remedial work to the existing sewer, water, fire, gas, electrical, low voltage, and other utilities;
• Allowances for unforeseen conditions;
• Parking;
• Signage;
• The discovery and/or removal or testing of any mold or any hazardous materials as defined by the
Environmental Protection Agency (EPA) is excluded from the scope of work and the Builder
reserves the right to stop work until such materials are removed; and
• any other work not described Exhibit A.
3) Contract Price.
Owner agree s„t6 pay the total contract price for all labor and materials furnished and work performed by
Builder, o SIXTY NINE THOUSAND EIGHT HUNDRED SIXTY DOLLARS ($69,860, including
Florida tate sales tax, subject to additions and deletions by change order as provided in paragraph
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that the allowances are not to be construed as bids by Builder and that the allow vary from the
actual cost based on Owners' selections. If the cost of Owntsel®etcdt materials or their installation exceeds
the material or installation allowan amount of that excess will be added to the next payment or the
final payment. I is less than the allowance amount, that amount will be subtracted from the
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4) Payments.
The contract price will be paid as per the CONSTRUCTION PAYMENT SCHEDULE attached to this
contract and incorporated into it as EXHIBIT C.
5) Acceptance, Final Payment, and Occupancy.
Upon receipt of written notice that the work is ready for fmal inspection and acceptance, Owner will
promptly inspect the work. When the Work receives a certificate of occupancy, Owner will promptly pay
(or cause to be paid) the balance due under the contract less an amount equal to the cost to complete any
missing or unfinished punchlist items.
Builder agrees to provide Owner with a Contractor's Final Affidavit stating that all subcontractors and
suppliers have been paid or showing those unpaid and the amounts thereof. The amounts withheld for
punchlist items will be paid to Builder immediately upon completion of each of the punchlist items.
Occupancy will be granted to Owner when construction is substantially completed, the certificate of
occupancy is issued, and Builder receives payment of the final payment (including payment for all change
orders and overages of allowances), less any money held for incomplete items.
6) Commencement and Completion.
Time is of the essence in the performance of the obligations of Owner and Builder under this contract.
Work shall commence on the CONSTRUCTION START DATE, which shall be within three (3) weeks
from the EFFECTIVE DATE of this contract, provided that a permit has been issued. Work called for
herein is to be performed during Builder's regular working hours. Overtime rates will be charged for all
work performed outside such hours at extra cost, if requested by Owner.
Work shall be completed within three (4) months from the Construction Start Date.
Any time lost by reason of change in plans or specifications requested by Owner, other acts of Owner,
strikes, weather conditions not reasonably anticipated, or any other conditions that are not within Builder's
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control shall be added to the specified time of completion and Builder shall not be liable for such delay. For
any delays not the responsibility of Builder, the contract price shall increase by the difference, if any, in
Builder's costs occasioned by such delay.
7) Taxes.
Owner shall pay all real property taxes and taxes imposed upon the improvements on the residence
when they are due. Builder shall pay all necessary sales, use, and similar taxes on materials used in
construction that are legally enacted at the time this contract is signed.
8) Change Orders.
a) Owner may, from time to time, order changes in the work, which will be authorized by a written
CHANGE ORDER. Owner shall pay the reasonable cost of any such changes including overhead
of 10 % and profit of l0_%.
b) In the event the Builder is required by the Owner to perform additional work for which the amount
of compensation is not previously agreed upon, the Builder shall prepare and submit to the Owner
a proposal describing the estimated quantities and cost involved. The Builder shall keep accurate,
detailed and itemized records of the costs of any such change and shall report such costs to the
Owner. The Builder shall furnish to the Owner all documents required by the Owner, to evidence
the expenditures of the Builder as a result of such change.
c) Builder is not responsible for unknown conditions that cannot be observed in a non-destructive
inspection of the premises or conditions that differ materially from those (a) indicated or referred
to in the contract documents or (b) ordinarily encountered and generally recognized as inherent in
the work of the character provided for in this contract. Any hidden, concealed, or unforeseeable
conditions, including code violations, that must be repaired, corrected, replaced, or overcome,
shall result in a change order to the work.
9) Insurance.
Builder shall purchase and maintain at Builder's own expense, all necessary workers' compensation and
liability insurance, commercial general liability insurance, and comprehensive automobile liability
insurance to protect Builder from claims for damages because of bodily injury, including death, and for
damages to property that may arise both out of and during operations under this contract.
10) Owner's Obligations.
Owner is to prepare all work areas so as to be acceptable for Builder's work under this contract.
Owner shall furnish information and services under their control to Builder promptly to avoid delay.
Owner warrants that all utilities necessary for the completion of construction are to the property line and/or
accessible to Builder.
11) Supervision.
Owner agrees that the supervision of the work performed under this Agreement is under the exclusive
direction of the Builder, and Builder shall have control over construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the work. OWNER SHALL NOT
INTERFERE WITH THE WORK, NOR CAUSE ADDITIONAL WORK TO BE CARRIED ON
WITHOUT THE WRITTEN CONSENT OF THE BUILDER. ALL OF THE WORK SHALL BE DONE
BY THE BUILDER OR SUBCONTRACTORS IN DIRECT CONTRACT WITH THE BUILDER.
12) Disputes. ��yy ♦� �� �y �y
Should any �(Sibc iC 1CLEl v e W [4G pwivliLieuivc tf reontract-that-the- ie oi-saiis y
resolve, then the parties agree that the dispute shall be resolved by binding itratieu conducted by the
American Arbitration Association. The party deg:landing arbitratiorr r1iil give written notice to the opposite
party and the American Arbi Linn —Association promptly after the matter in dispute arises. In no event,
however, shall a notice of demand for arbitration be given after the date on which a legal action
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13) Termination.
If Builder fails to supply proper materials and skilled workers; make payments for materials, labor, and
subcontractors in accordance with their respective agreements; disregards ordinances, regulations, or orders
of a public authority; or fails to materially comply with the provisions of the contract, Owner may give
Builder written notice to terminate. After seven (7) days if Builder has failed to remedy the breach of
contract, Owner can give a second notice to terminate. If Builder still fails to cure the breach within three
(3) days after the second notice, Owner may terminate the contract.
14) Warranties.
A. ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE WORK TO BE
PERFORMED IN ACCORDANCE WITH THE SPECIFICATIONS SUBMITTED FOR
THE ABOVE WORK AND COMPLETED IN A SUBSTANTIALLY WORKMANLIKE
MANNER.
B. BUILDER AGREES TO PROMPTLY MAKE GOOD, WITHOUT COST TO OWNER,
ANY AND ALL DEFECTS DUE TO FAULTY WORKMANSHIP WHICH MAY APPEAR
WITHIN ONE (1) YEAR FROM THE DATE OF COMPLETION AND ACCEPTANCE
OF THE WORK BY OWNER, PROVIDED THAT THE OWNER IS NOT IN BREACH
OF THIS CONTRACT, INCLUDING HAVING PAID IN FULL PER THE CONTRACT
TERMS ANY MONIES DUE. THIS LIMITED WARRANTY IS THE ONLY EXPRESS
WARRANTY PROVIDED BY BUILDER.
C. ANY IMPLIED WARRANTY OF HABITABILITY EXTENDS ONLY TO THE
CONDITIONS OF THE PROJECT AT THE TIME OF COMPLETION AND DOES NOT
EXTEND TO ANY CONDITIONS NOT KNOWN OR UNDER THE CONTROL OF THE
BUILDER AT THE TIME OF COMMENCEMENT OF THE PROJECT OR TO ANY
DEFECT CAUSED BY CONDITIONS OCCURING SUBSEQUENT TO THE
COMPLETION OF THE PROJECT. -
D. ANY IMPLIED WARRANTIES INCLUDING (BUT NOT LIMITED TO) WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
HABITABILITY, AND GOOD WORKMANSHIP ARE DISCLAIMED AND LIMITED TO
PROVISIONS OF THIS SECTION.
15) Right to Cure.
FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE
YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A
CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR E IGN PROFESSIONAL FOR AN
ALLEGED CONSTRUCTION DEFEC : ' - SIXTY DAYS BEFORE YOU FILE
YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR, SUBCONTRACTOR,
SUPPLIER, OR DESIGN PROFESSIONAL A WRITTEN NOTICE OF ANY CONSTRUCTION
CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND
ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE OPPORTUNITY
TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO
REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT
OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY
SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS. THERE ARE STRICT
DEADLINES AND PROCEDURES UNDER FLORIDA LAW.
16) Representations.
This Agreement constitutes the entire agreement between Owner and Builder, and supersedes all prior
negotiations, representations, understandings and agreements, either written or oral. This Agreement may
be amended only by written instrument signed by both Owner and Builder. Owner acknowledges that
Builder has made no guarantees, warranties, understandings, nor representations (nor have any been made
by any representatives of Builder) that are not included in the contract documents.
Page 4 of 10 Initials / />
-CONis twc. I KlMZ j'cir;l:o Viii(Y i+ Ji i.�
PAYMENT MAY BE AVAILABLE FROM 'i•iir. CONSTRUCTION INDUS ME RECOVERY FUND IF
YOU LOSE MONEY ON A PROJECT PERFORMED UNDE TRACT, WHERE THE LOSS
RESULTS FROM SPECIFIED VIOLATIONS OF A LAW BY A STATE -LICENSED
CONTRACTOR. FOR INFORMATION AB RECOVERY FUND AND FILING A CLAIM,
CONTACT THE FLORIDA CONST ON INDUSTRY LICENSING BOARD AT THE FOLLOWING
TELEPHONE NUMBER AND ADDRESS:
FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
1940-N Porte t -Tailatiassee, r L 3L399-1u.i9($5-04087=F39�
17) Miscellaneous.
A. Owner and Builder both represent that they are ready, willing and able to carry out the terms,
provisions and conditions of this agreement. Owner's, or Contractor's refusal or inability to fully and
timely perform any of the terms of this Agreement shall give either party the right to declare this
agreement null and void and either party shall have the right to bring any and all legal and/or
equitable actions against the other in conformity with the Laws of the State of Florida. -Beth -the
Contractor and t iona ,
work ..6.4...::Ygs,.da a -expenses-ino ed;-ta+/.w1;.,61:,
attorney's fees.
B. All materials shall be furnished in accordance with the respective industry tolerance of color
variation, thickness, size, finish, texture, and performance standards.
C. Builder reserves the right to substitute building materials, appliances, equipment, fixtures or other
items in the Project which may be necessitated by government agencies, job conditions, design
changes deemed necessary by the architect, lending institutions, by the availability of materials,
colors, brand names, or by material shortages, strikes, or similar situations, which in Builder's
judgment require such changes, with prior notification to the Owner; provided, however that any
substitute materials shall be of substantially similar or better quality to those specified in the Contract
Documents.
ta. D...cderfoI duy :es-antlie
property damages incurred by anyone other than Builder and/or Builder's subcontractors on the proper
during the period of work, and shall indemnify, defend and hold Builder harmless from any clai . . serted
for such alleged injuries and/or damage.
Owner shall hold Builder harmless and shall defend and indemm erd— for any claims, actions, suits,
awards, damages, or other liability, including, without limit , attorney's fees, professional witness fees,
to (i) Owner's breach of any term, condition, or
court costs, and other charges, arising out of or relat
representation in this Agreement; or (ii arising -out of or related to any claims, actions, awards, liabilities,
or damages for any injury to or personal property arising out of Owner's visits (including invitees
and guests) to the ses and/or residence. For purposes of any indemnification provisions in this
Agreeme a term "Builder" shall include its respective officers, directors, employees, agents, sureties,
19) Governing Law and Assignment.
This contract will be construed, interpreted, and applied according to the law of Florida. This contract shall
not be assigned without the written consent of all parties.
Page 5 of 10
Initials / /'t
20) Force Majeur.
A party shall not be liable for any failure of or delay in the performance of this Agreement for the period
that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of
God, war, strikes or labor disputes, embargoes, unavailability of materials, government orders or any other
force majeure event.
21) Severability.
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect.
22) Effective Date and Signature.
This contract shall become effective on the day it is signed by both parties.
23) OWNER ACKNOWLEDGES RECEIPT OF THE FLORIDA CONSTRUCTION LIEN LAW
WARNING ATTACHED AS EXHIBIT D.
WE THE UNDERSIGNED, have read, understand and agree to each of the provisions of this contract and hereby
acknowledge receipt of a copy of this contract.
Date
Exhibit A - Plans and Specifications
Exhibit B - Allowance Schedule
Exhibit C - Payment Schedule
Exhibit D - Florida Construction Lien Law Warning
Builde Agent
Page 6 of 10 I
4/4/2024
Date
Exhibit A - Plans and Specifications
Drawing was issue by Wayne Steele on 2/26/2024:
Page 7of10
Initia . / A
AAiCC-
Exhibit B -
Ally w 4u'vGo' Sum:
-Services
- Demo and dispose of sinks, cabinets, exterior roll up window, Block from wall and doors
- Cut concrete, form footings, pour concrete and install split face block at both entrances of the
Women's center.
- Install split face block in exterior window area
- Furnish & Install 4 metal doors and frames
- Install 141nft of cabinets
- Install granite countertop with sink
- Install Eemax 240-Volt 18-kW 3.5- GPM Tankless Electric Water Heater with new electrical circuit
- Install new kitchen sink and plumbing.
- Cap off old sink
- Paint interior of 2 bathrooms, kitchen hall areas, walls, ceilings, doors and floors
- Install 6 grab bars in restrooms
- Insta11 2 new bathroom fans and new ceiling lights for bathroom
- Install new bathroom faucets, angle stops and ptraps
- Install 4 Bradley Toilet Partitions (Metal) 1 ADA
- Install 2 mirrors in bathroom area
- Install 20 x 8 awning with concrete supports
$ 69,860.00
Page 8 of 10 Initi
Exhibit C - Payment Schedule
Paynaent Schedule
Upon acceptance of proposal
25% $ 17,465.00
Additional progress payments
contingent upon work completion
TOTAL PROJECT COST (100%) $ 69,860.00
Page 9 of 10
th. .r fwiaiug
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTION
713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PR
PROVIDE MATERIALS AND ARE NOT PAID IN FULL HA
ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YO
CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YO
SUBCONTRACTOR FAILS TO PAY SUB
SUBCONTRACTORS, OR MATERIAL SUPPLIERS
OTHER LEGALLY REQUIRED PAYMENTS,
MONEY MAY LOOK TO YOUR PROPERTY FO
PAID YOUR CONTRACTOR IN FULL. IF YO
YOUR CONTRACTOR MAY ALSO HA
MEANS IF A LIEN IS FILED YOUR PR
WILL TO PAY FOR LABOR, MAT
CONTRACTOR OR A SUBCO
FLORIDA'S CONSTRUCTIO
RECOMMENDED THAT
CONSULT AN ATTORNE
13.001-
RTY OR
RIGHT TO
ROPERTY. THIS
ONTRACTOR OR A
NTRACTORS, SUB -
NEGLECTS TO MAKE
PEOPLE WHO ARE OWED
PAYMENT, EVEN IF YOU HAVE
AIL TO PAY YOUR CONTRACTOR,
A LIEN ON YOUR PROPERTY. THIS
ERTY COULD BE SOLD AGAINST YOUR
S, OR OTHER SERVICES THAT YOUR
CTOR MAY HAVE FAILED TO PAY.
LIEN LAW IS COMPLEX AND IT IS
NEVER A SPECIFIC PROBLEM ARISES, YOU
Date
Page 10 of 10 Initial
Kingstruction, Inc.
326 Timberline Dr
Crestview, FL 32539 US
+1 6198675240
jeff@kingstructionca.com
Estimate
ADDRESS SHIP TO
City of Crestview City of Crestview
Womens Center
Kingstruction
General Contractors
Lic#1035034
ESTIMATE # 1308
DATE 03/20/2024
EXPIRATION DATE 04/19/2024
ACTIVITY QTY RATE AMOUNT
Services 1 69,860.00 69,860.00
- Demo and dispose of sinks,
cabinets, exterior roll up window,
Block from wall and doors
- Cut concrete, form footings, pour
concrete and install split face block at
both entrances of the Women's
center.
- Install split face block in exterior
window area
- Furnish & Install 4 metal doors and
frames
- Install 14Inft of cabinets
- Install granite countertop with sink
- Install Eemax 240-Volt 18-kW 3.5-
GPM Tankless Electric Water Heater
with new electrical circuit
- Install new kitchen sink and
plumbing.
- Cap off old sink
- Paint interior of 2 bathrooms, kitchen
hall areas, walls, ceilings, doors and
floors
- Install 6 grab bars in restrooms
- Install 2 new bathroom fans and new
ceiling lights for bathroom
- Install new bathroom faucets, angle
stops and ptraps
- Install 4 Bradley Toilet Partitions
(Metal) 1 ADA
- Install 2 mirrors in bathroom area
- Install 20 x 8 awning with concrete
supports
SUBTOTAL 69,860.00
TAX 0.00
TOTAL
$69,860.00
Accepted Date 3
4-7/2y