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HomeMy WebLinkAboutContract 26274 CITY SECRETARY • ,��� CONTRACT NO. CITY OF FORT WORTH CONTRACT FOR CONSTRUCTION This CONSTRUCTION CONTRACT ("Contract") is made between, Fort Worth Housing Finance Corporation ("Owner")and Vision Homes, Inc. ("Contractor"), on this 20 Day of September , 2000 for the purpose of 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:. *Its legal description is: Lot 5 Block 9RB Edgewood Terrace Addition *Attach an Addendum for multiple units constructed. The "Owner' Representative" (as defined below) shall compensate the Contractor a total sum of $ 63,988 and no/100. Payment shall be made in accordance with Article 9 of this Contract. Plan # 1292A-L The date of Commencement shall be October 20, 2000 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 '�'A NI G'[ lQ'If 1 LWV�''- P UB to ber 20,2000 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 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. Article 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. k GPEqVl,� 2 � � Bnnber 20,2000 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. Article 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. L ENDED 3 September 20,2000 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 furnished 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. �FGBGOA�L El CO)GiD � M.-j— y� GMS 4 �� ��JN u�G�Sept mber 20,2000 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 ::hole or in par* by the alleged negligence of the officers, agents, servants, employees, contractors, subcontractors, licensees and invitees 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 propert " loss or damage and or personal 5Sept ber 20,2000 (a � x 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 whole or in part, by the alleged negligence of the officers, agents, servants, employees, contractors, subcontractors, licensees and invitees 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 whole or in part, any and all alleged acts or omissions officers, agents, servants, employees, contractors, subcontractors, licensees, invitees of Owner's Representative. 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. 09MCCIA6 L ESIO OD �o RAcY n. 6ovl c'7rJ�P �Sep ember 20,2000 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. 4.10 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 and inconsistent with the intent of the Contract Documents. Such changes shall be written orders and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. UF ��Ic� °�L '� ��G'D 7 `(N" ��� "`,L SeMember 20,2000 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. prry \�y� �CC11 �(�j(��Y V��N '�WY�8 n '0'TH, YE90 S ptember 20,2000 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 schedules 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 nor 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 CQED 9 C� (��� rgnr ber 20,2000 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 jurisdi _. u�P GO i L kECG� � 10 r� iCGMJ � September 20,2000 Fo VUR/C!t?UUQ � o 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 11.2(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. e-JQDD 1 1 September 20,2000 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 Fort Worth, Tarrant County, Texas, this day of &&/,,,A.D. 20 ell � A 'v,/("A\-) \ ��Q-I I Y� \ � �4- r 6) . - Owner on actor C� BSC PJ2sP Bye JI P� Name Title By: Acknowledged by: For C(!y C(! of Fort Worth Housing Department as Owner's Representative APPROVE S TO FORM AND LEGALITY 7 Assistant C4 Attorney ATTEST B coni-�—�F ract Authorizati n 7 ,� Date Mi 12 m y o S ptember 20,2000 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, cornice 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 September 20,2000 ADDENDUM #2 Add to Article 9 Paragraph 9.3 Progress payment. 9.3 (e) CONSTRUCTION DRAWS Progress payment shall coincide with the four(5)required inspections. ADDENDUM #3 PROPERTY: Lot 5 Block 9RB Edgewood Terrace Addition 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/Icemaker 44ve-ceiling fans P � Landscaping r0�f 'r PV 14 September 20,2000 tORDINANCE NO.I _V-11j— AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986) AS AMENDED, BY THE ADDITION OF SECTION 7-50 ENTITLED "ACCESSIBILITY STANDARD FOR CERTAIN CITY ASSISTED HOUSING CONSTRUCTION PROGRAMS" REQUIRING CERTIN BUILDING STANDARDS IN CITY ASSISTED HOUSING PROGRAMS TO PROVIDE BASIC ACCESS TO PERSONS WITH DISABILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, persons with disabilities and their immediate families are often isolated in their own homes because the homes of most of their acquaintances contain insurmountable barriers, and often experience difficulty in finding a suitable house to rent or buy; and WHEREAS, certain features in housing construction mare new houses more accessible and livable for persons with disabilities and thus enhance the quality of life for these persons. WHEREAS, the City of Fort Worth is committed to provide accessibility to persons with disabilities through its housing programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1 111M NAL RECOND (171u c1C- ,,'C ff SECTION 1. This ordinance is to require certain standards in the construction of new single-family dwellings, duplexes and triplexes that are constructed with city assistance as defined in SECTION 2, to make houses more accessible for persons with disabilities. SECTION 2. The following requirements shall be applicable to the construction of new single- family dwellings, duplexes and triplexes ("Applicable Dwelling Units"), with city assistance. For purposes of this ordinance, "city assistance" shall mean funds for the construction of Applicable Dwelling Units in any city-funded program, with the funding source of CDBG, HOME or any other federal, state or local housing programs. SECTION 3. The following design requirements shall apply: Requirement 1. Building Entrances. Applicable Dwelling Units must provide at least one building entrance on an accessible route served by a no-step entrance or a ramp in compliance with the CABO/ANSI-A117.1, Accessible and Usable Buildings and Facilities Standard, as adopted by the Fort Worth Building Code ("Accessibility Standard") and having a maximum slope not to exceed one in twelve (1:12); unless it is impractical to do so because of terrain or unusual characteristics of the site as determined by a City of Fort Worth building official ("City Building Official") upon review of the :written 2 QXRc A [,,; ookp FY ryyy FE, request set forth in SECTION 4. The building entrance doors shall comply with the Accessibility Standard and shall have a minimum clear .t opening of 32 inches. The entrance may be at the front, side or back of a dwelling as long as it is served by an accessible route such as a garage or sidewalk. Requirement 2. Interior doors. All Applicable Dwelling Units, whether or not on an accessible route, shall provide doors designed to allow sufficient width for the passage of wheel chairs. Except those serving closets less than 15 square feet in area, interior doors within an Applicable Dwelling Unit must provide a minimum of 30" clear opening. A 2' 8" door or standard 6' 0" sliding patio door assembly is deemed sufficient to comply with this requirement, provided however, compliance with requirements on Maneuvering Clearance at Doors in the Accessibility Standard shall not be mandatory. Requirement 3. Accessible routes into and through the Applicable Dwelling Unit. An Applicable Dwelling Unit must provide an accessible route through the hallways and passageways of the first floor of the unit. Further, the accessible route must provide a minimum width of 36", except through doors, and be level with ramped or beveled changes at door thresholds. Requirement 4. Wall reinforcement in bathroom. 3 6Gd � G���0 QD D Reinforcement in the walls shall be provided at designated locations as specified by the Accessibility Standard, so that grab bars may be installed, if needed, at a later date without the necessity of removing portions of the existing wall. Requirement 5. Light switches, electrical outlets, thermostats and other environmental controls. All Applicable Dwelling Units shall be designed and constructed to contain light switches, electrical outlets, thermostats and other controls in compliance with the requirements of the Accessibility Standard. Where multiple controls serve the same elements (e.g., two remote switches for a light) only one must be accessible. SECTION 4. SECTION 3 Requirement 1 (Building Entrances) may be waived by the City Building Official when in his/her opinion, due to grade or site conditions ("Conditions"), access by ramp is unattainable. A person requesting said waiver shall file a written request ("Request") with the City Building Official at the City of Fort Worth Development Department and include all documents necessary to prove the existence of the Conditions. The Request shall demonstrate that the Conditions on the site render it impossible to comply with the requirements for exterior accessibility in this ordinance. a �0 A E��CJP)iD CC1ee''1` t :; Within 10 calendar days from the receipt of a completed Request, the City Building Official shall render a written decision. A copy of the decision shall be filed in the official records of the Development Department. Appeals to the City Building Official's decision shall be made to the Construction and Fire Prevention Board in accordance with Section 7-47 of the City Code SECTION 5. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1936), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. 5 MM RAG 7 "tSlti.