HomeMy WebLinkAboutContract 28168�
CITY OF FORT WORTH
CONTRACT FOR CON�TRUCTION
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This CON5TRUCTTON CONTRACT ("Cantract") is made hetween Enuria,ue and
Hilaria Escabedo ("Owner") and Hellenic Homes, Inc.f"Contractar"), 2S`�' Day of
October, 2002 fo� the purpose of construcfiing ONE single family dwelling (s) on a io�(s)
provided by the "Ownex" w�itlun the Corporate lirnits of Fort Worth, TX.
*The lot site address is: 37?.l �. Grave �t.
*Tts legal description is: Block 27 Lot 6 Worth Hei�hts Addition
'�Atfach an Addendurn far multiple units constructed.
The Owner shall compensate the Contracior a total sum of $G1,000.00 Sixtv One
Thousand Dollars and No/100.
Payment shall be made in accordance wifh Article 9 of this Contract Plan No. 5�0'�1236
The date af Corr�mencernent shall be; Navember 11, 2Qq2 with a Cornpletion date not to
exceed 120 Calendar Days ("Cantrac� Tirna").
Owner and Cantractor hereby agree to the following:
TERIVI� A1�TD COI�TDITIOI�S
Article 1
GENERAL PROVISYONS
1.1 TERMS USED IN THE CONTRACT
l.l�(a). This Cantract, the Plans and Specifications for Consfiruciion ofthis Single Family
Home repres�n� the entire and integrated agreement hetween the parties and are together
referred to as "Contract Documents".
1.1(b). The term "Wark" shall mean the construction and services xequired including aIi
labor, materials, equipment and services provided by the Cantractor to fu1fi11 the
Coniractor's ohligations and responsibilities undex the Contract Documen#s.
1.1{c). The t�rm O�vner's Representative shall mean the City of Fort Worth Housing
Department which provides administration of the Contract as describcd in the Contract
Doeuments, The Owner's Representat'rve will have the authority to act on behalf of fhe
Qwner to the extent provided in the Contract Documents.
1.1(d}. This Contract may be amended or modi�ied ONLY by a mutually a�reed written
modification in the form of a Change Order. A Change Order shall be a wa-i�� �r�� 1r.�
Revisec� Jar,,{ary l:, 2(lCr�
the Contractor signed hy the Owner or Owner's Representative to change the Work,
Conixact Sum or Contract Tirne. A change order is a part of this Contract and the
Contract Documents.
1,1(e). The exhibits and attached add�ndums together with the change orders are a part of
this contract and binding on alI parties. Those items include, but are not limited to,
Change Orders, Contractor's Application and Certificate for Payment, Contractor's
Affida�it of Payment of Debis and Claims, a�d the Certificaie of Substantial Completion,
Drawings, and Specifications.
Article 2
RESPONS�BILITIES OF THE OWNER
�.1 INFORM�ITION AND SERVICES
2.1(a}. If requested by the Contxacto�r, the Ow�er sball fiarnish and pay far a survey and a
Iegal description o£the site.
2.1(b). Except for permifs and fees, wh�ich are the responsibility of the Contractor under
the Contract Documents, ti�e Owner shall obtain and pay for necessary approvals,
easements, assessments and charges.
2.2 OWNER'S RIGHT TO STOP WORK
If the Confxactor fails to eomply with the Contract tern7s, the Owner or th� Owner's
Representative may direci the Contractar in writing ta stop the Wark until the correction
is made.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defau�ts ar neglects to carry out the Work in accordanca with the
Contract Documents and fails witnin fourteen days (14) from the date of written notice
from the Owner or Owner's Representative ta cure such default, the Owner ar Owner's
Representative may, without prejudice to other rem�dies, cure such defaults. In such
case, a Change Order shall be issued deducting the cost of corrrectivn from payments due
Cantractor. If the default is not reasonably suscept�ble to cur� by Contractor within the
fo�rteen (14) day period, Owner will not exercise th� option to terminate fhis agreement
so long as ihe Can�ractor has commenced to cure the default wrthin the fourteen {14) day
periad and diligently complete the work within a reasonable time.
R�r+ise'al7anu �'ar�' 1; 20U��.
�.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION 1 AWARD SEPARATE CON'I'RACT
3�.4(a}. The Owner reserves the right to perform construction or operations related to the
projeci with the Owner's own forces, and to award separate contracts in connection wiih
other portions of tbe proj eet.
�.4(b). The Owner �ha11 require the Con�ractor to coorciinate ar�d coaperate with separate
contractors employed by the Owner.
�.4(e). The Owner shall require that casts hy delays or by improperly timed activities or
defecti�e constnxct�on be borne by the party respansible therefar.
�.� (d) If a de%ct occurs and if ibe Contraciar does not cnre the defect timely according
to the contract provisions the Owner may enter into a separate can�ract vvith a fhird par�y
to cure their defect. The contractor then shall timely reimburse the Owner far th� cost of
cantracting with the third party and the cost to cure th� defect.
ArticIe 3
RESOl�ISIB�LITIES OF THE CONTRACTQR
3.1 EXECUTION OF THE CONTRACT
Executian of the Contract by the Contractor is a representation that the Contractor has
visi�ed the site, become familiar with local canditi.ons under which the Work is ta be
performed and correlated pe:rsonal obser�vations with requirements of the Conixact
Documents.
3.Z IiEVIEW OF' CONTRACT UOCUMENTS AND FIELD CONDITIONS BY THE COI�[TRACTOR
The Contractor shall caref�Ily study and compare the Contract Documents with �ach
other and with information furnished by the Owner. Before commencing activities, the
Contractor shall (1) take field measurements and verify field conditions; (2) carefully
campare fhis and other information knawn to the Contractar wiih the Contract
Dvcuments; and (3) promptly report errors, inconsistencies or omissians discavered to the
Qwner's Representative.
3.3 SUPERVISION AND GONSTRUCTION PROCEDURES
3.3(a). The Contractor shall supervise and direct the Work, using Cnntractor's best ski11
and attention. The Contra�tor sha11 be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and for coordinating
all portions of the Work.
3.3(b). The Contractor, as soon as practicable after award of the Contract, shall furnish in
writing to tbe Owner through the Owner's Representative the names of subconiractors or
suppliers far each portion of #he Work. The Owner's Repxesentative wi11 prampily r�ply
3 Rev�ise�f'.J'anuarv'1'. 2.�U2
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ta the Cont�actor in vw�riting if the Owner ar the Owner's Architect, after due
investigation, has reasonable objection to the subcontxac�ors or suppliers �isted.
3.3(c). The Contractor will comply with Minority/Woman Business Enierprise (M/WBE}
requirements as outlined in the "Specifications for Construction of Sing�e Family
Homes". The Owner has a minitnum goal of 40% of ths dollar volume of the contract for
MWBE participation.
3.4 LABOR AND MATERIALS
Unless oEherwise provid�d in ihe Contract Documents, the Cantractar shall provide and
pay for labor, materials, equipment, tools, utilities, transportation, and other iaciliti�s and
�ervices necessary for proper execution and completion of the Work. The Contractor
sha11 deliver, handle, stor�, and install maierials in accordance with man.ufaciurer's
instructions.
3.� WARRANTY
The Contractor warrants to the Owner and 4wner's Representative that: (1) materials and
equipment furnished under the Con�ract are new, unused and of govd quality w�less
otherwise required ar permitted by the Contract Documents; (2) fhe Work will be free
frarn defects not inherent in the quality raquired or permit�ed; {3) the Wark will conform
ta th� requirements of the Contract Documents and the Cantractor shall provid� a ten yea,r
warranty. Tha effective date of the wat ranty :is the date of final closing.
3.6 TAXES
The Contractor shall pay sales, consurner, use and similar t�es that are legally required
when the Contract is executed.
3.i IN5IJRANCE
During the term of this contract and any extansian thereof, contractor shall maintain an
insurance policy with the follawing coverage:
�.'� (a) Cornmercial General Liability Insurance of a minimum of $1,OQD,QOD.00 per
occurrence.
3.9 {b} Btzsiness Auto Liability Insurance of a mainimum of $1,QD0,000.00 each accident.
3.'� {c) Statutory Workers' Compensation Insurance including employer's liability.
3.7 {d) Builder's Risk irisurance to cover ihe property in the course of the project {against
fire, hail, theft, etc. of materials a.nd incamplete canstruction}.
3.7 (e) �n, addition, the City of Fort Worih and Fart Worth Hausing Finance Corpora�ion
sball be endorsad as an additional insured vn all insurance policies.
3.� PERMITS, FEES AND NOTICES
3.8(a). The Contractor shall obtain and pay for the bui�ding permit and other permits and
government fees, licenses and inspections necessaxy for propex execution and completion
of the Work.
4 ],�evrs�.Jan�tafir 1,1{���
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3.8(b). The Coniractor shall comply with all requirements of agencies having jurisdiction
over the Work. If the Contractor performs work knowing it to be contraty to laws,
statutes, ordinances, building codes, and rules and regulations, the Contractor shall
assume full responsihility for such Work and shall bear aIl cas#s. The Contractor shall
promptly notify the Architect/Owner's Represe�tative in writing of any known
inconsistencies in the Contract Dacuments witb such governmental laws, rules and
regulations.
3.9 USE OF SITE
The Contractor shall confine operatians at the site to areas permitt�d by law, ordinances,
permits, #he Contract Dacumen�s and the Owner.
3.10 susn2iTTaLs
The Cantractor shall promptly review, appro�ve in writing and subxnit to ihe Owner's
Represeniative Shop Drawings, Produet Data, Sampl�s, 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 PATCHTNG
The Contractor shall be responsible for cutting, fitting or patching required to camplete
the Work o:r to make its parts fit �ogether properly.
3.12 CLEANING Ul'
The Contractor sha11 %eep t�e premises and surrounding area free from accumulation of
debris and trash related to the Work.
3.13 nvnEmnvz�cATioN
Contractor covenants and agrees ta and does h�reby indemnify, hold harmless and
defend, at its awn expense, Owner's Repres�ntative, iis officers, agents, servants and
employees, from and against any and all claims or suits far property loss or damage
ancVor personal injury, including death, to any and alI persons, of whatsaever kind or
character, whether real or asserted, arising out of or in conn�ct�on with, directly ar
indirectly, the work and seivices ta be pe:rformed h�reunder by Contractor, ifs off cers,
agents, ernployees, subcontractors, licensees ar invitees, whether or not caused, in
whole or in parfi, bv the alleged ne�ligPnce of the offzcers. a�ents. ser�ants,
emplovees, contractors. subcantractors, licensees and invitees of the Owner's
Representative; and said Contractor does b�ereby covenant and agree to assume all
liability and responsibility of Owner, Owner's Representative, its oificers, agents,
servants and employees for any and all clairns or suits for prope:rty loss or damage and/ar
personal injury, including death, to any and a11 persans, of whatsoever kind or character,
whather real or asserted, arising out of or in connection with, dixectly or indir�ctly, the
work and services to be perforrned hereundex by Cantractar, its off'icers, agent�,
employees, subcontractors,licensees or invitees, whether or not caused, in whole or in
part, bv the alle�ed ne�Ii�ence of the of�cers, a�ents, servants, ernA1oY��,
contractors, subcontractors, licensees and invitees of the Owner's ,Re�x�sentative,
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5 Revised J��tuary Iy �Z002
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Cantractor likewise covenants and agrees to, and does hereby, zndem�nify and hold
harn�less Owner's Represeniative from and against any and all injuries, damage, loss or
destxuction to property of Owner's Repxesenta�ive during th� per�'ormance of any of the
terms and conditions of this Confiract, whekl�er arisin� out of or in connee�Qn with or
resultin� from, in whole ar in �art, anv and all alle�ed acts or amissians of�cers,
agents. servants, emplovees. contractors. sUbcontra�tors, licensees, invitees of
Owner's ReAresentative.
Article 4
OWNER'S REPRESE�iTATIVE RESPOIiT�IBILTTIES
4.1 The Owner's Rep�esentative will visit the si#e ai intervals approp�-iate to the stage of
constructian to become generally familiar with the progress and quality of the Work.
4.2 The Owner's Representative does nat have cantral over nor is in charge of or
responsible far constructian rneans, methods, techniques, sequences ar procedures, ar for
safety precautions and programs in connection with the Work, since tbese are solely the
Coniractar's responsi6ility. The Owner's Representative will not be responsible far the
Contractor's failure to carry out the Work in accardance with the Contract Documents.
4.3 The Owner's Representative shall have the autharity to reject Work that does not
canfarm to the Contract Dacuments.
4.4 The Owner's Repxesentative's duties, responsibilities and limits ai authority as
described in the Contract Documents will not be changed without written consent of the
Owner.
4.� Based on the Owner's Representative's observations and evaluations of �he
Contractor's Application for Payment, the Owner's Representative will review and certify
the amounts due the Cantractar.
4.6 The Owner's Repres�ntative will promptly review and approve or take appropriate
actions upon Contractar's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose of checicing for confarmance with information given and
the design concept expressed in the Contract Documents.
4.7 The Owner's Representative will promptly interpret and decide rnatters concerning
performance under any requirements of the Contract Documents on written request of
either the Owner or Contractor.
4.8 The Owner's Representative can require additional testing if necessary �ia minor
change order as provided in �ection 6.2.
R�is�n �,l'a�}z�r.y 1; �.u0�,
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4.9 Interpreta�ions and decisions of the Owner's Representative will be consistent with
the intent o£ and reasonably inferable from the Contract Documents and wi11 be in writing
or in the form oi drawings. When maki.ng sucb interpretations and decisions, the
Owner's Representative will endeavor to secure faithful parforrnance by both Owner and
Contractor, will not shaw partiality to either and will not be liable for results of
interpretations or decisions so rendered in good faith.
Article �
TESTYNG AND YNSPECTION5
�.X Tests, inspections and approvals of portions af the Wark required by the Contract
Documents ar by laws, ordinances, rules, �egulations or orders of public authorities
having jurisdiction shall be made at an appropriate time. Tf the Owner's Representative
rcquires additional testing, the Contractar shali perform these tests.
�.� The Own�r shall pay for additiona� 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 charage in the VL�ork. The Owner, without
invalidating the Contract, may order changes in the Work within general scope of the
Contract consisting of additions, deletions or other revisians, 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 invalving changes in the Cont�ac# Sum ar the Contract Time and inconsistent
with fhe intent Qf the Cantract Documents. Such changes shall be written orders and shall
be binding on the Owner and Contractor. The Contractor shall carry out such written
ord�rs prornptly.
6.3 If concealed or unknown physical canditions are encountered at the site fhat differ
materially from those indicated in the Contract Documents or from those conditions
ardina�ily found to exist, the Cantract Sum and Contract Tirne shall be subject to
equitabl� adjustment.
11i
7 Rer�ised.�lanuary �� �0�� .
Article 7
CORRECTION OF WORK
i.l The Con�ractor shall pramptly correct Work rejected by the Owner's Representative
because of failure to conform to ihe requirements of the Contract Documents. Such
failure canstitutes a default and is subject to the provisians in Section 2.3. The
Contractor sha11 beax the cost of correcting such rejected Work.
'�.� Tn addition to the Contr�ctor's ather obligations including warrantiEs under the
Contract, the Contractor shall, for a period of one year after Substantial Completion,
correct �ark not conforming to the requirements of the Con#ract Documents.
7.3 If the Cantractor 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 o#'corr�ction.
Article �
TIME
8.1 Time limits stated in the Contract Documents are of the essence of the Coniract,
S.� If the work is delayed at any time by change arders, labor disputes, fire, unusual
delay in deliveries, unavoidable casualties ar other causes beyand the Caniractor's
control, the Contract Time shall be extended by Change Order for such reasanable iime as
the Owner's Representative may determine.
Ariicle 9
PAYMENTS AND COMPLETIO�T
9.1 CONTRA,CT SUM
The Contract Sum stated in the Contract, including authorized adjustmants, is the total
amount payable by the Owner to the Contractar far performance of the Work under the
Contract Dacurnenis. A 10% retainage will be required for alI projects exceeding
$4QD0.00.
9.� APPLICATIONS FOR PAYMENT
9.2(a). At least ten {10) days before the date established for each progress payment, the
Contractar shall subrnit ta the Owner's Representative an itemized "Application for
Payment" for operations complefed in acco�rdance with tha values s�ated in the Cc�ntract.
Such application shall be support�d by data substantiating the Contractar's right to
payment as the Owner or Owner's Repre�entative may reasonably requit�� anc� re#��ctir�� ,
retainage iF provided for elsewhere in the Contract Documents. � �'
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8 Revistid-7anuary 1, 204�
9.2(b). The Contractor warrants that title to a11 Work covered by an Application for
Payment will pass to the Owner no later than the time of paymen#. The Contrac#or further
war:rants that upon submittal of an Applica�ion far Payment, all Work for which
Certificates for Payment have been previously issued and payments received from th�
Owner shall, to the best of the Contracfiox's knowledge, information and belief, be free
and clear of liens, claims, security interests or other encumhrances adverse to tk�e Ow�ner's
interests.
9.2(c). The Owner's Representative will, within seven days a.fter receipt of the
Contracfior's Application for Payment, either issue to the Owner a Request for Payment,
wi�h a capy to the Contractor, �or such amount as the Owner's Representative deternunes
is properly due, ar notify th� Contractor and Owner in writing of the Owner's
Representative's reasons for recommending to Owner that payment be witbheld..
9.3 PROGRESS PAYMENTS
9.3(a). Aier the Owner's Repres�ntative has issued a Requesfi far Payment, th� �vvner
shall make p�yment based on a Percentage of Campletion schedule provided ta the
Owner by the Contractor. This schedule requiares mutual agreernent evidenced by
signatures representing "both" parties, which shall becarr�e a part of this Con#ract.
9.3(h). Upon receipt of payment from the Owner th� Contractor �hall promptly pay each
subcontractor and material supplier, aut of the amount paid to the Contractor based on the
work campleted.
9.3{c}. Neither the Owner or the Owner's Represeniative shall hava the responsibilify for
the payment of money to subcontracYors or material suppliers.
9.3(d). A Request for Payment, progres� payment, or partial or entire use or occupancy
oi the praject by the Owner shall nat constitute acceptance of Work performed if it is not
in accordance with the requirements of the Contract Documents.
9.4 FINAL COMPLETIUN AND F1NAL 1'AYMENT
9.4{a). Upan receipt af a final Application for Payment with all required documents, the
Owner's Representative will inspect the Work. When the Owner's Representative finds
the Work acceptable and the Cc�ntract fully performed, ihe Owner's Representati�e will
promptly issue a final Request for Payment.
9.4(b). Final payment shall not become due until th� Contractor submits to the Owner's
Representative releases and waivers of liens, and data evider�cing satis�action of al1
obligations, such as receipts, claims, securi#y interests or encumbrances arising out of the
Contract and any other documents, certificates, surveys or warrari�-e�` rey~t��r�d h�
Coniract Documents. ,
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Re�ised .�anu�r� 1, 20��
9.4(c). Acceptance af final gayment by the Contractor, a subcontractor or a mate�ial
supplier shall constitute a waiver of claims by that payee except those previausly made in
writing and identified by that payee as unsettled at th� time of final Application for
Payment.
Article 10
SAFETY PRECAUTYOliTS AND PROGRAIVIS
10.1 The Contractor shall be respansible for initiating, maiutairaing, and supervising aIl
safety precautians and programs, including aIl those required by law in connectian wi�h
perfortnance of the Con�ract. The Contractor shajl promptly remec�y loss and damage to
property caused in whole or in pari by the Contractor, a subcontractor, anyone d�'ectly or
indircctly employed by thern ar anyone for whose acts ihey may be liable.
ArtieIe 11
TERIVIINATION OF THE C�NTRACT
11.1 TERMINATION BY THE C�NTRACTOR
If the Own�r fails to make payments when due ar bxeaehes any other t�rms of this
Cantract, the Contractor may #erminate the Cont�act, upon written notice to the Owner,.
and recover from tha Owner payment for Work executed and for proven Ioss with respect
to materials, equipment, tools, canstruction equipment and machinery, including
reasonable overhead.
lX.� TERIVIINATION BY THE OWNER
11.2(a). The Owner or the Owner's Representative upon writt�n consent from Owner,
may terminate the Contract if the Cont7ractor:
1. consistently, persistently ar rep�aiedly refuses or fails to s�pply enough
properly skilled workers or proper materials;
2, fails to make payments to subcontraciors far 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 auihority having jurisdiction; or
4. is otherwise in breach of a provisian of the Contract Documents.
11.2(b). When any of the above reasons exist, the Owner, after consuiiation with the
Owner's Repres�ntative, may without prejudice to any other �eights or remedies of the
Owner and after giving the Cantracfor and Cantractor'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; _ _
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10 Rffivis�c�.Iunu�ry Y, 20O�i
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2. finish the Work by whate�er reasonable means or methad the 4wner may
deem expedient.
� 1.2(c ). When the Owner or Owner's Representative terminates the Contract for one of
the reasons listed in 11.2(a), the Contractor sha11 not be entitled to receive further
payment until a11 the Wor1c is completed and accepted.
11.2(d}. If the unpaid balance af 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 thc difference to the Owner. This obligation for payment shall
survive termination of the Contract.
Article 1 �
ASSIGNS
1�.1 This Contract may not be assigned by either party.
Article 13
GOVERNING LAW
13.1 This Con�ract shall be governed by and construed in accordance with the laws of the
S�afa of Texas.
Article 14
PERFORMANCE OF CONTRACT
14.1 The obligations unc�er ihe tertns of the contract are performable in Tarrant County,
Texas.
Article 1�
VENUE
i5.1 The parties hereto hereby consent that venue af any action brought under tbuis
Contract shall be in Tarrant County, Texas.
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11 Rev�ed i�upu�ry � 1; 2Q02; `.
Article 16
SEVERABILITY
16.i TF one or more of the provisions of this Cantxact is held invalid, unenforceable or
illegal in any respect, the remainder of the Contract shall rernain valid and in full force
and e�'fect.
IN WITNESS WHEREQF, the parties hereia have axecuted this Contract in Fort Worth,
Tarrant County, Texas, this �� t-� day of �,�v�.n.t , A.D. 2002.
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Acknowledged by;
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Fo ] City of Fort Worth Housing
D p�ariment as Owner's R�presentative
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APPROVED AS TO FORM AND
LEG ITY
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12
R��ised�auuary•r�,r�L�0.2..' I
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ADDEI�DU�Vi #1
A minimum of six (� inspectinns are required:
(1} FIRST REQUIRED INSPECT�ON
An inspection is requir�d after the demolition o£the house has been completed and the lot
has been cleared of all debris.
(2) SECOND REQUTRED INSPECTION
Foundation- No concrete shall be placed without the s�eel, poly, plumbing and beams
inspection. Afier inspection is completed and the slab is poured the contractor wi�l
receive the first draw in the amount of 18% of the contract price.
(3) THIRD REQUIRED I1�ISPECTIOl�i
Framing- Af�er the house has been framed, d�cked, cornice installed, window installation,
roofing and siding is completed. The contractor will receive the second draw in the
axnount o£ l.8% of the contract price.
(4) FOURTH REQUIRED �NSPECTION
An inspection is required a.ft�r the electrical roug,l� in, plumbing top�out, hvac rough in
and the wall insulation is completed (prior to installation of dryvwall). Contractor will
receive the third draw in the amaunt of 18% of the cantract priee.
(5} FTFTH REQUIRED INSPECTION
An inspection is required after the installation of the drywall, tape/ bed/ texture, trim-out,
interior and exterior paini, floor co�erings, cabinets, counter tops and the plumbing trim
ou� is completed, and brick is installed. The contractor will receive the fourth draw in the
amount of 18% of the contract price.
{6) 5IXTH REQUIRED INSPECTiQN
Final inspection- All fuush work comple�ed. Drive and approach, grading, �lectrical,
hvac, attic insulation and the Building card has been co�ple�ely signed aff as being
complete. The cantractor will receive the fifth draw in the amount of 1$% of the contract
price.
RETAINAGE
The 10% retaina�e will be released after complation of tha punch list and insfallation of
the appliances.
Contractor shall give Owner's representative a five (5) day notic� to schedule tha r�quired
inspections,
13 Revised January 1, 2002
ADDEI�DUI�T #�
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 {e} CONSTRUCT�ON DRAVWS
Progress payment shall caincide witb the six (fi) required inspectia�ns.
ADDEIlTDUI� #�
PROPERTY: 3721 Souih G�rove Street Fort Worth. TX 7b110
The followin� ite�ns are to be included in the contract �'ox constxuction:
Demolition and haul off af the existing house
5ite prep and dirt wark
Driveway
Curb cut
Approach
Wa�er and sewer �ines from tap to house
Cost includes termite Treatment
�-l.0 Home Buyers Warranty
Compliance with current International Energy Conservation Cade
18 Cubic Foot Refrigerator wlzcemaker
Two ceiling fans
4" of Top Soil
ADDENDUM #4
OR.DINANCE NO. 1417�
A1�I 4RDIANCE AMENDII�TG THE CODE OF THE CTTY OF
FURT W�RTH {1986) AS A117ENDED, BY THE ADDITIOI�I
OF SECTION 7-�D ENTITLED "ACCESSYSILYTY STANDARD
FOR CER'7C'ATN' CITY ASSISTED HOUSiI�G CON5TRUCTION
PRQGRAMS" REQUIRING CERTAYN BUII�DING STANDARDS
IN CITY ASSISTED HOUSING PROGRAMS TO PROVIDE
BA�IC ACCESS TO PERSOI�TS WITH DISABLITIES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUli�IULATIVE OF OTHER
ORDINANCES; PR�UVIDII�G A SEV�RABII�ITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
14 Revised January 1, 2p02
WHEREAS, person with disabilities and their immediate families are often
isolated in iheir awn hame� because the homes af their acqua.intances contain
insurmountable barriers, and often exparienc� difficulty in fincling a suitable house to rent
or buy; and
WHEREAS, certain feattzres in hausing construction make new houses more
accessible and li�abl� for persons with disabilities and thus enhance the quality af life for
thase persons.
WHEREAS, the Gity of Fort Worth is committed to provide accessibility to persons
�vith disabilities through its housing programs.
NOW, THEREFORE, BE �T ORDAINED BY THE CITY C4UNC]L OF THE
CITY OF FORT WQRTH, TEXAS:
SECTION �.
This ordinance is to r�quire certain standards in the construction of new single family
dwellings, duplexes and triplexes that are constn,icted with city a�sistance as
SECTION 2, to make houses more accessible for persons with di�abilities.
SECTIOI�I 2.
The following requirernents shall be applicable to the canstruction of new single- family
dvvelling, duplexes, and triplexes ("Applicable Dwelling Units"), with city assistance.
For purpose of this ordinance, "city assistance" shall mean funds for th� construction of
Applicable Dwelling Units in and city-fund�d program, with ihe funding source af
GDBG, HOME ar any oth�r federal, s�ate or local housing programs.
SECTYON 3.
The follawing design r�quir�ments shall apply:
Requirement 1. Building Entra.nce
Applicable Dwelling Units must provide at least one building entrance on an accessible
route served by a no- step entrance ar a ramp in cornpliance with the CABO/ANSI-
A117.1, Accessible and Usabie Buildings and Facilities Standard, as adopted by the Fort
Worth B�ilding Code ("Access�bility Standaxd") and ha�ving a maa�imum slope not ta
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 offieial ("City
building Official") upon review of the written request set fortk� in SECTION 4. The
bu�ilding entrance doors shall camply with the Aac�ssibility Standard and shall have a
15 Re�ised January 1, 2002
minimum clear opening of 32 inches. The entrance may be at the front, side or back af a
dwelling as long as it is sertred by an accessible route such as a garage or sidewalk.
Requirement 2. Interior doors.
All Applicable Dwetling Units, whether or nat on an accessible raute, shall pravide doors
designed to allow suffici�nt width for the passage of wheelchairs. Except those serving
closets less than 15 square feet in area, interior doors within an Applicable Dwelling Unit
must provide a minimum of 30" ciear opening. A 2'8" door or standard 6'0 sliding patia
door assembly is deemed sufficient to comply with this xequirement, pro�ided however,
compliance with requirements on Maneuvering Clearanc� at Doors in the Accessibility
Standard shall not be manda�ory,
Requirement 3. Accessible routes into and through the Applicable Dwelling Unit.
An Applicable Dwelling Unit must provide as accessible route ihrough the hallways and
passageways of the first floor of the unit. Further, the accessible route must provide a
rnin�mum of width of 36", except t�irough daflrs, and be 1eve1 with ramped or beveled
changes at door thresholds.
Requirement 4. VVall reinforcement in bathroom.
Reinfarcement in the walls shall be provided at designated locations as specified by the
Acc�ssibility Standard, so that grab bars may be installed, if needed, at a later date
without the necessity of removing portions of the existing wail.
Requirement S. Light swztches, electrical outlets, thermostats and ather environmental
controls.
All Applicable Dwelling Units shall be designed and constructed to con�ain light
switches, electrical autlets, thermos�ats and other controls in compliance with the
requirement of the Accessibility S�andard. Where multiple controls serve the same
elements (e.g., iwo remo�e switches for a iight) only one must be accessible.
SECTION 4.
S�C`�'TON 3 Requirement 1(Building Entrances) may be waived by the Building Official
when in hismer opinion, due to brade or site conditions ("Conditions"), access by ramp is
unattainable. A person requesting said waiver shall file a written request {"Request")
with �tl7e City Buitding Official at the City of Fart Wo�h Development Department and
include all documents n�cessary to prove the existence of tl�e Conditions. The
Request shall demonstrate that the Conditions on the site render it impvssible to comply
with the requirement for exteriox aceessibility in this ordinance. Within 10 calenda�c days
froxn th� receipt of a completed Requ�st, the City Building Off cial shall render a written
decision. A copy of the decision shall be f ied in the official records of tlie
16 Revised January 1, 2002
Development Deparhnent. Appeals to the City Building QfficiaPs decision shall be made
to the Construction and Fire Prevention Board in accordance with Sectian 7-47 of the
City Code.
SECTYOI�T 5.
This ordinance shall be cumulative of all provisions of ordinances az�d o£ the Cade of
the City of Fort Worth, Texas (1986), as amended, exc�pt 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.
SECTIOI� 6.
It is hereby declared to b� the inteniion of the City Council that the sections, paragraphs,
sentences, clauses and phrases af this ordinance are severable, and if any phrases, claus�,
sentences, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree af any court af competent jurisdictian, such unconstitutionality
shail not affeat any of the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since th�; sarne would have been enacted by the Ciiy Council without
the incarparation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECT�Ol�i i.
This ordinance sha.11 take effect and be in full force and effect from and after thc date of
its passage, and it is so ordained.
17 Revised January 1, 20D2