HomeMy WebLinkAboutContract 25945 1
CITY SECRETARY' o�
CONTRACT NO. ,
CITY OF FORT WORTH
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Contract") is made between, Stacey Baker
("Owner") and Banc of America CDC Special Holding Comp, Incpipegaed- tl1Q
("Contractor"), on this 7th Day of June , 2000 for the purpose of Vf-c'
constructing one single family dwelling (s) on a lot(s) provided by the "Owner"
within the Corporate limits of Fort Worth, TX ("Work").
*The lot site address is:. 955 E. Terrell
*Its legal description is: Lot 8 Block 7 L. H. Stephens Addition
*Attach an Addendum for multiple units constructed.
The "Owner' Representative" (as defined below) shall compensate the Contractor a total
sum of $ 61 , 500 and no/100.
Payment shall be made in accordance with Article 9 of this Contract. Plan # !!9g
The date of Commencement shall be 6/21/0 p ; with a Completion date not to
exceed 120 Days ("Contract Time").
Owner and Contractor hereby agree to the following:
TERMS AND CONDITIONS
Article 1
GENERAL PROVISIONS
1.1 TERMS USED IN THE CONTRACT
1.1(a). This Contract, the Infill Program and Specifications for Construction of Single
Family Homes as a requirement of participating in the City of Fort Worth Infill Housing
Program represent the entire and integrated agreement between the parties and are
together referred to as "Contract Documents".
1.1(b). The term "Work" shall mean the construction and services required including all
labor, materials, equipment and services provided by the Contractor to fulfill the
Contractor's"obligations and responsibilities under the Contract Documents.
1.1(c ). The term Owner's Representative shall mean: the City of Fort Worth Housing
Department who provides administration of the Contract as described in the Contract
1 May 12,2000
Documents. The Owner's Representative will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
1.1(d). This Contract may be amended or modified ONLY by a mutually agreed written
modification or in the form of a Change Order. A Change Order shall be a written order
to the Contractor signed by the "Owner" or Owner's Representative to change the Work,
Contract Sum or Contract Time. A change order is a part of this Contract and the
Contract Documents.
1.1(e). The exhibits and addendum's attached together with the change orders are a part
of this contract and binding on all parties. Those items include but are not limited to,
Change Orders, Contractor's Application and Certificate for Payment, Contractor's
Affidavit of Payment of Debts and Claims, and the Certificate of Substantial Completion,
Drawings, and other Specifications.
A;<i-le 2
RESPONSIBILITIES OF THE OWNER
2.1 INFORMATION AND SERVICES
2.1(a). If requested by the Contractor, the Owner shall furnish and pay for a survey and a
legal description of the site.
2.1(b). Except for permits and fees which are the responsibility of the Contractor under
the Contract Documents, the Owner shall obtain and pay for necessary approvals,
easements, assessments and charges.
2.2 OWNER'S RIGHT TO STOP WORK
If the Contractor fails to comply with the Contract terms, the Owner or the Owner's
Representative may direct the Contractor in writing to stop the Work until the correction
is made.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within fourteen days (14) from the date of written notice
from the Owner or Owner's Representative to cure such default, the Owner or Owner's
Representative may, without prejudice to other remedies, cure such defaults. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
Contractor. If the default is not reasonably susceptible to cure by Contractor within the
fourteen (14) day period, Owner will not exercise the option to terminate this agreement
so long as the Contractor has commenced to cure the default within the fourteen (14) day
period and diligently complete the work within a reasonable time.
2 May 12,2000
2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION/AWARD SEPARATE CONTRACTS
2.4(a). The Owner reserves the right to perform construction or operations related to the
project with the Owner's own forces, and to award separate contracts in connection with
other portions of the project.
2.4(b). The Owner shall require the Contractor to coordinate and cooperate with separate
contractors employed by the Owner.
2.4(c). The Owner shall require that costs by delays or by improperly timed activities or
defective construction be borne by the party responsible therefor.
2.5 If a defect occurs and if the Contractor does not cure the defect timely according to
the contract provisions the Owner may enter into a separate contract with a third party to
cure their defect. The contractor then shall timely reimburse the Owner for the cost of
contracting with the third party and the cost to cure the defect.
AI-ticle 3
RESONSIBILITIES OF THE CONTRACTOR
3.1 EXECUTION OF THE CONTRACT
Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY THE CONTRACTOR
The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner. Before commencing activities, the
Contractor shall (1) take field measurements and verify field conditions; (2) carefully
compare this and other information known to the Contractor with the Contract
Documents; and (3) promptly report errors, inconsistencies or omissions discovered to
the Owner's Representative.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3(a). The "Contractor shall supervise and direct the Work, using "Contractor's" best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and for coordinating
all portions of the Work.
3 May 12,2000
' Y
3.3(b). The Contractor, as soon as practicable after award of the Contract, shall furnish in
writing to the Owner through the Owner's Representative the names of subcontractors or
suppliers for each portion of the Work. The Owner's Representative will promptly reply
to the Contractor in writing if the "Owner" or the Owner's Architect, after due
investigation, has reasonable objection to the subcontractors or suppliers listed.
3.3(c ). The Contractor will comply with Minority/Woman Business Enterprise
(M/WBE) requirements as outlined in the "Specifications for Construction of Single
Family Homes". The Owner has a minimum goal of 40% of the dollar volume of the
contract for MWBE participation.
3.4 LABOR AND MATERIALS
Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and
services necessary for proper execution and completion of the Work. The Contractor
shall deliver, handle, store, and install materials in accordance with manufacturer's
instructions.
3.5 WARRANTY
The Contractor warrants to the Owner and Owner's Representative that: (1) materials and
equipment fumished under the Contract will be new and of good quality unless
otherwise required or permitted by the Contract Documents; (2) the Work will be free
from defects not inherent in the quality required or permitted; (3) the Work will conform
to the requirements of the Contract Documents and the Contractor shall provide a ten year
warranty.
3.6 TAXES
The Contractor shall pay sales, consumer, use and similar taxes that are legally required
when the Contract is executed.
3.7 INSURANCE
During the term of this contract and any extension there of, contractor shall maintain an
insurance policy with the following coverage:
3.7 (a) Commercial General Liability Insurance of a minimum of $1,000,000.00 per
occurrence.
3.7 (b) Business Auto Liability Insurance of a minimum of$1,000,000.00 each accident.
3.7 (c) Statutory Workers' Compensation Insurance including employer's liability.
3.7 (d) Builder's Risk Insurance to cover the property in the course of the project (against
fire, hail, theft, etc. of materials and incomplete construction).
3.7 (e) In addition, the City of Fort Worth shall be endorsed as an additional insured on
all insurance policies.
4 May 12,2000
3.8 PERMITS,FEES AND NOTICES
3.8(a). The Contractor shall obtain and pay for the building permit and other permits and
government fees, licenses and inspections necessary for proper execution and completion
of the Work.
3.8(b). The Contractor shall comply with the notices required by agencies having
jurisdiction over the Work. If the Contractor performs work knowing it to be contrary to
laws, statutes, ordinances, building codes, and rules and regulations without notice to the
Architect, Owner's Representative and Owner, the Contractor shall assume full
responsibility for such Work and shall bear the attributable costs. The Contractor shall
promptly notify the Architect/Owner's Representative in writing of any known
inconsistencies in the Contract Documents with such governmental laws, rules and
regulations.
3.9 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits, the Contract Documents and the Owner.
3.10 SUBMITTALS
The Contractor shall promptly review, approve in writing and submit to the Owner's
Representative Shop Drawings, Product Data, Samples, and similar submittals required
by the Contract Documents. Shop Drawings, Product Data, Samples and similar
submittals are not a part of the Contract Documents.
3.11 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly.
3.12 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
3.13 INDEMNIFICATION
Contractor covenants and agrees to and does hereby indemnify, hold harmless and
defend, at its own expense, Owner's Representative, its officers, agents, servants and
employees, from and against any and all claims or suits for property loss or damage
and/or personal injury, including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder by Contractor, its officers,
agents, employees, subcontractors, licensees or invitees, whether or not caused in part,
by the negligence of the officers, agents, and employees of the Owner's
Representative; and said Contractor does hereby covenant and agree to assume all
liability and responsibility of Owner's Representative, its officers, agents, servants and
employees for any and all claims or suits for property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind of character, whether
5 May 12,2000
real or asserted, arising out of or in connection with, directly or indirectly, the work and
services to be performed hereunder by Contractor, its officers, agents, employees,
subcontractors, licensees or invitees, whether or not caused in part, by the alleged
negligence of the officers, agents, and employees of the Owner's Representative,
provided however, that Contractor shall have no liability or obligation to indemnify, hold
harmless or defend with respect to any injury or damage to persons or property resulting
from the sole negligence of officers, agents or employees of the Owner's Representative.
Contractor likewise covenants and agrees to, and does hereby, indemnify and hold
harmless Owner's Representative from and against any and all injuries, damage, loss or
destruction to property of Owner's Representative during the performance of any of the
terms and conditions of this Contract, whether arising out of or in connection with or
resulting from in part, any and all alleged acts or omissions officers, agents, and
employees of Owner's Representative, provided however, that Contractor shall have no
liability or obligation to indemnify, hold harmless or defend with respect to any injury or
damage to persons or property resulting from the sole negligence of officers, agents or
employees of the Owner's Representative. CoNrucrok*s is 41A#1r6J
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Article 4
OWNER'S REPRESENTATIVE RESPONSIBILITIES
4.1 The Owner's Representative will visit the site at intervals appropriate to the stage of
construction to become generally familiar with the progress and quality of the Work.
4.2 The Owner's Representative will not have control over or be in charge of or be
responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility. The Owner's Representative will not be responsible for the
Contractor's failure to carry out the Work in accordance with the Contract Documents.
4.3 The Owner's Representative will have the authority to reject Work that does not
conform to the Contract Documents.
4.4 The Owner's Representative's duties, responsibilities and limits of authority as
describes in the Contract Documents will not be changed without written consent of the
Owner.
4.5 Based on the Owner's Representative's observations and evaluations of the
Contractor's Application for Payment, the Owner's Representative will review and
certify the amounts due the Contractor.
4.6 The Owner's Representative will promptly review and approve or take appropriate
actions upon Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents.
6 May 12,2000
4.7 The Owner's Representative will promptly interpret and decide matters concerning
performance under any requirements of the Contract Documents on written request of
either the Owner or Contractor.
4.8 The Owner's Representative require additional testing if necessary or minor change
order as provided in Section 6.3.
4.9 The Owner's Representative shall terminate the contract upon written approval by
Owner.
4.14 Interpretations and decisions of the Owner's Representative will be consistent with
the intent of and reasonably inferable from the Contract Documents and will be in writing
or in the form of drawings. When making such interpretations and decisions, the
Owner's Representative will endeavor to secure faithful performance by both Owner and
Contractor, will not show partiality to either and will not be liable for results of
interpretations or decisions so rendered in good faith.
Article 5
TESTING AND INSPECTIONS
5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities
having jurisdiction shall be made at an appropriate time. If the Owner's Representative
requires additional testing, the Contractor shall perform these tests.
5.2 The Owner shall pay for additional tests except for testing Work found to be
defective for which the Contractor shall pay.
Article 6
CHANGES IN THE WORK
6.1 After execution of the Contract, changes in the Work may be accomplished by
Change Order or by order for a minor change in the Work. The Owner, without
invalidating the Contract, may order changes in the Work within general scope of the
Contract consisting of additions, deletions or other revisions, the Contract Sum and
Contract Time being adjusted accordingly.
6.2 The Owner's Representative will have the authority to order minor changes in the
Work not involving changes in the Contract Sum or the Contract Time. Such changes
shall be written orders and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written orders.
7 May 12,2000
6.3 If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to
equitable adjustment.
Article 7
CORRECTION OF WORK
7.1 The Contractor shall promptly correct Work rejected by the Owner's Representative
because of failure to conform to the requirements of the Contract Documents. Such
failure constitutes a default and is subject to the provisions in Section 2.3. The
Contractor shall bear the cost of correcting such rejected Work.
7.2 In addition to the Contractor's other obligations including warranties under the
Contract, the Contractor shall, for a period of one year after Substantial Completion,
correct work not conforming to the requirements of the Contract Documents.
7.3 If the Contractor fails to cure the default in accordance with Section 2.3, Owner may
cure it and the Contractor shall reimburse the Owner for the cost of correction.
Article 8
TIME
8.1 Time limits stated in the Contract Documents are of the essence of the Contract.
8.2 If the work is delayed at any time by change orders, labor disputes, fire, unusual
delay in deliveries, unavoidable casualties or other causes beyond the Contractor's
control, the Contract Time shall be extended by Change Order for such reasonable time
as the Owner's Representative may determine.
Article 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
The Contract Sum stated in the Contract, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents. A 10% retainage will be required for all projects exceeding
$4000.00.
8 May 12,2000
9.2 APPLICATIONS FOR PAYMENT
9.2(a). At least ten (10) days before the date established for each progress payment, the
Contractor shall submit to the Owner's Representative an itemized "Application for
Payment" for operations completed in accordance with the values stated in the Contract.
Such application shall be supported by data substantiating the Contractor's" right to
payment as the Owner or Owner's Representative may reasonably require and reflecting
retainage if provided for elsewhere in the Contract Documents.
9.2(b). The Contractor warrants that title to all Work covered by an Application for
Payment will pass to the Owner no later than the time of payment. The Contractor
further warrants that upon submittal of an Application for Payment, all Work for which
Certificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor's knowledge, information and belief, be free
and clear of liens, claims, security interests or other encumbrances adverse to the Owner's
interests.
9.2(c). The Owner's Representative will, within seven days after receipt of the
Contractor's Application for Payment, either issue to the Owner a Request for Payment,
with a copy to the Contractor, for such amount as the Owner's Representative determines
is properly due, or notify the Contractor and Owner in writing of the Owner's
Representative's reasons for withholding payment in part or in whole.
9.3 PROGRESS PAYMENTS
9.3(a). After the Owner's Representative has issued a Request for Payment, the Owner
shall make payment based on a Percentage of Completion schedule provided to the
Owner by the Contractor. This schedule requires mutual agreement evidenced by
signatures representing "both" parties which shall become a part of this Contract.
9.3(b). Upon receipt of payment from the Owner the Contractor shall promptly pay each
subcontractors and material suppliers, out of the amount paid to the Contractor based on
the work completed.
9.3(c). Neither the Owner or the Owner's Representative shall have the responsibility for
the payment of money to subcontractors or material suppliers.
9.3(d). A Request for Payment, progress payment, or partial or entire use or occupancy
of the project by the Owner shall not constitute acceptance of Work performed if it is not
in accordance with the requirements of the Contract Documents.
9.4 FINAL COMPLETION AND FINAL PAYMENT
9.4(a). Upon receipt of a final Application for Payment with all required documents, the
Owner's Representative will inspect the Work. When the Owner's Representative finds
9 May 12,2000
the Work acceptable and the Contract fully performed, the Owner's Representative will
promptly issue a final Request for Payment.
9.4(b). Final payment shall not become due until the Contractor submits to the Owner's
Representative releases and waivers of liens, and data establishing payment or
satisfaction of obligations, such as receipts, claims, security interests or encumbrances
arising out of the Contract and any other documents, certificates, surveys or warranties
required by Contract Documents.
9.4(c). Acceptance of final payment by the Contractor, a subcontractor or a material
supplier shall constitute a waiver of claims by that payee except those previously made in
writing and identified by that payee as unsettled at the time of final Application for
Payment.
Article 10
SAFETY PRECAUTIONS AND PROGRAMS
10.1 The Contractor shall be responsible for initiating, maintaining, and supervising all
safety precautions and programs, including all those required by law in connection with
performance of the Contract. The Contractor shall promptly remedy loss and damage to
property caused in whole or in part by the Contractor, a subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable.
Article 11
TERMINATION OF THE CONTRACT
11.1 TERMINATION BY THE CONTRACTOR
If the Owner fails to make payments when due or breaches any other terms of this
Contract, the Contractor may terminate the Contract, upon written notice to the Owner,
and recover from the Owner payment for Work executed and for proven loss with respect
to materials, equipment, tools, construction equipment and machinery, including
reasonable overhead, profit and damages.
11.2 TERMINATION BY THE OWNER
11.2(a). The Owner or the Owner's Representative upon written consent from Owner,
may terminate the Contract if the Contractor:
1. consistently, persistently or repeatedly refuses or fails to supply enough
properly skilled workers or proper materials;
2. fails to make payments to subcontractors for materials or labor in
accordance with the respective agreements between the Contractor and the
subcontractors;
3. violates federal, state or local laws, ordinances, rules, regulations or orders
of a public authority having jurisdiction; or
10 May 12,2000
4. is otherwise in breach of a provision of the Contract Documents.
11.2(b). When any of the above reasons exist, the Owner , after consultation with the
Owner's Representative, may without prejudice to any other rights or remedies of the
Owner and after giving the Contractor and Contractor's surety ,if any, written notice,
terminate the employment of the Contractor and may:
1. take possession of the site and of all materials thereon owned by the
Contractor;
2. finish the Work by whatever reasonable means or method the Owner may
deem expedient.
11.2(c ). When the Owner or Owner's Representative terminates the Contract for one of
the reasons listed in I1.2(a), the Contractor shall not be entitled to receive further
payment until all the Work is completed and accepted.
11.2(d). If the unpaid balance of the Contract Sum exceeds costs to finish the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the
Contractor shall pay the difference to the Owner. This obligation for payment shall
survive termination of the Contract.
Article 12
ASSIGNS
12.1 This Contract may not be assigned by either party.
Article 13
GOVERNING LAW
13.1 This Contract shall be governed by and construed in accordance with the laws of the
State of Texas.
Article 14
PERFORMANCE OF CONTRACT
14.1 The obligations under the terms of the contract are performable in Tarrant County,
Texas.
11 May 12,2000
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Article 15
VENUE
15.1 The parties hereto hereby consent that venue of any action brought under this
Contract shall be in Tarrant County,Texas.
Article 16
SEVERABILITY
16.1 If one or more of the provisions of this Contract is held invalid, unenforceable or
illegal in any respect, the remainder of the Contract shall remain valid and in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in Fort Worth,
Tarrant County, Texas,this 7th day of June ,A.D. 20 00
5400 4Pw 0 , f)aka 144A
Owner Co r c r
By: AL&A- .� By: Air "e-1Z 4fiPMr-.ACA07KI
Name Title
Acknowledged by:
. ja-&'
4F :ityUaonf:eFort Worth Housing Department
s Representative
APPROVED AS TO FORM AND LEGALITY
1-9
Assistant Ci ttorney
mu
ATTESTED BY T
Contract Authorization
Date
12 OFFICIAL RECOM May 12,2000
R. KENN, M.
ON
ADDENDUM #1
A minimum of five(5)inspections are required:
(1)FIRST REQUIRED INSPECTION
Foundation- No concrete shall be placed without the steel, poly, plumbing and beams inspection. After
inspection is completed and the slab is poured the contractor will receive the first draw in the amount of
18%of the contract price.
(2)SECOND REQUIRED INSPECTION
Framing-After the house has been framed, decked, cornish installed, roofing and siding is completed. The
contractor will receive the second draw in the amount of 18%of the contract price.
(3)THIRD REQUIRED INSPECTION
An inspection is required after the installation of the drywall, windows, electrical rough-in, plumbing top-
out, hvac rough-in and the wall insulation is completed. Contractor will receive the third draw in the
amount of 18%of the contract price.
(4)FOURTH REQUIRED INSPECTION
An inspection is required after the brick, tape/ bed/ texture, trim-out, interior and exterior paint, floor
coverings, cabinets and counter tops and the plumbing trim-out is completed. The contractor will receive
the fourth draw in the amount of 18%of the contract price.
(5) FIFTH REQUIRED INSPECTION
Final inspection- All finish work completed. Drive and approach, grading, electrical, hvac, attic insulation
and the Building card has been completely signed off as being complete. The contractor will receive the
fifth draw in the amount of 18%of the contract price.
RETAINAGE
The 10%retainage will be released after completion of the punch list and installation of the appliances.
Contractor shall give Owner's representative a three-(3)day notice to schedule the required inspections.
13 May 12,2000
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ADDENDUM #2
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 (e) CONSTRUCTION DRAWS
Progress payment shall coincide with the five (5) required inspections.
ADDENDUM #3
PROPERTY: 955 E. Terrell
Fort Worth, Texas
The following items are to be included in the contract for construction:
Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer lines from tap to house
2-10 Home Buyers Warranty
Cost includes termite certificate
18 Cubic Refrigerator
Five ceiling fans
Landscaping
14 May 12,2000