HomeMy WebLinkAboutContract 28253CITY OF FORT WORTH HOUSING FINANCE CORPORATYON
CONTRACT FOR CONSTRUCT�Ol�I CfTY �EC��'�'q��
�C�Ni�AC'�` #� � {����
This CONSTRUCTION CONTRACT ("Contract'� is made between Fort Worth
Housin� Finance Corooration ("Owner") and NS Homes Ltd. ("Contractor"), 12th Day
of DeCember , 2002 for the purpose of constructing �� single faznily dwelling (s) on a
Iot(s) provided by t�e "Owner" within the Corporai� limits of Fart Worth, TX.
*The lot site address is: �8 Fa�tcres�.
*�ts legal d�scription is: Lot 3, Block J, Eastcrest Addition
*Attach an Addencium for multiple units cortsf�ructed.
The Owner shall compensate �he Confxactox a fotal sum of $86,450.00 Ei�htv sia�
thousand four hundred fif�v dollars and no/1 q0. '
Payment sha11 be made in accordance with Article 9 nf this Contract PIan No. S-
071729.
The c�ate of Commencement sha11 be; December 20, 2002 wifh a Campletion date not to
exce�d 120 Calendar Days {"Contract Ti�me"}.
Owner and Contractor hereby agree to the following:
TER1�1[S A1�TD C011TDTTI0I�TS
Article 1
GENERAL PROVIS�OIi�S
I.1 TERMS USED IN THE CONTRACT
L1(a). This Cantrac�, the Plans and Specifications for Constructian of this Single Family
Horne represent the entire and integrated agreement between the parties and axe tagetihe:r
referred to as "Contract Documents".
1.1(b). The tern� "Work" shall mean the construction and services required incl�ding all
labar, materials, equipment atid services provided by fhe Contrac�or to fulfill th�
Contractor's obliga�ions and respansibilities under the Contracf Documents.
l.�(c}. The term Owner's Representative shall mean the City af Fort Worth Housing
Department, wl�ich provides ad�ministrat�on of Yhe Contract as described in the Coniract
Documents. The Owner's Representative will hav� the authority to act on behalf of the
Owner to the exten� provided in the Contract Dpcuments.
1.1(d). This Contract may be a.mended or modifi�d ONLY by a mutually a,greed writien
modificatian in the form of a Change Qrder. A Change 4rd�r shall be a w�4`�� �r�i�r� �,��
Revised ffieptc-�14�� y Q; J�}0�
the Contractar signed by �he Own�r or Owner's Representative to change the Work,
Contract Sum or Contract Time. A change or�ler is a part of this Contract and the
Contract Documents.
1.1(e}, The e�ibits and attached addendums together with the change orders are a part of
this ��ntract and binding an all parties. Those if�ms include, but are not limited to,
Change �rders, Contracior's Application and Certificate fox Payment, Contractor's
Affidavit of Payment of Debts and Claims, and ihe Ce�ificat� of Substantial Completion,
Drawings, and Specificatians.
Art�cle 2
RESPONSTBILITIES QF THE OWI�IER
�.1. INFORMATION AND SERVICES
�.1(a). If requested by the Contractor, the Owner shall furnish and pay for a survey and �.
legal description of the site.
2.1(b}. �xcept �ox permits and fees, which are the responsibility of the Contractor under
the Contract Documents, the Owner shaIl abtain and pay for necessary ap�rovals,
easements, assessmenis and charges.
2.2 OWNER'S RTGHT TO STOP Vi'ORK
If t�e Contractor fails to comply with the Contract tezms, the Owner or the Owner's
Representative may direct the �on�ractar in writing �o stop tl�e Wprk unizl the carrection
is mad�.
�.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accardance with the
Contract Docuinents and fails wifihin fourteen days (14} frorn the date of written notice
from the Owner ar Owner's Representative to cure such de�ault, the Owner or Owner's
Representative may, wifhou� prejudice to ather remed.ies, ctue such defaults.- In such
case, a Change Orc�er shall be issued dedncting th� cost of co�ection from payrrtents due
Coniractor. If �lie default is not reasanably susceptible to cure by Contrac#or withzn th.e
fourteen (14} day period, Ov�mer �rill not exercise the o�tion tv terminate this agreement
so long as the Contractor has coiximenced to cure ihe default within the fourteen (14) day
period and diligently camplet� the work within a reasonabl� time.
2 Revisec� September 12, 2002
2.4 OWNER'S ItIGHT TO PERTORM CONSTRUCT�ON 1 AWARD SEPARATE C4NTRACT
�.4(a). The Owner res�rves the righfi to perform constr�ction or aperations related to th�
project �'ith the Owner's own farces, and to award separate contrac�s in connection wi�h
ather portions afthe project.
2.4(b). The Owner sha11 require the Cantractor to coordinate and cooperate with separate
contractors employad by the Owrler.
2.4(c). The 4wner sha11 require that cost� by delays ar Uy impraperly timed activities or
defective construction be borne by the part}r responsible therefor.
�.� (d) If a defect occurs and if the Cantractor c�oes not cure the defect timely according
to the contract provisians the Owner may enter inta a separate confxact with a#hird pariy
to cure their def�ct. The contractar then shall tun�ly reimbwrse the Owner for the cost of
contracting with tha third party and the cost to cure the defect.
Ar�icle 3
RESOI�TSISILITYES OF THE CONTRACTOR
3.1 EXECiTTION OF THE CONTRACT
Execution of tl�e Contract by ihe Cantractor is a representation that th� Contractar has
visited the site, become familiar with local canclit�ons unc�er which the Work is to ba
performed and correla.ted personal observations with requi�z�ements of the Conixaci
Documents.
3.2 REYICW OF COIVTRACT DOCUMENTS AND FIELb CONATTI�NS BY THE CONTRACTOR
The �antaracfior shall carefiilly study and compare the Contract Documents with each
other and wzth information furnished by the Owner. Befare commencing activities, the
Contractor shall (1) take field measurements and verify field canditions; (2} carefiilly
compare �his and other information knovvn to the Contractar with the Contract
Docurrienis; and (3) prampfly report errors, inconsistencies or omissions discovered to the;
Ownex's Representative.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3{a). The Conixactor shall supervise and direct fi11� Work, using Contractor's best skill
and attentio�. The Conttactor shall be salely responsible for and have COritI01 over
construction means, methocls, techniques, sequences and procedures, and for caorrlinating
all portions of the Work.
3.3(b). The Contrac�or, as saon as practicable after award af fhe Contxact, �hall furnish in
writing to the Owner through the O�vner's Representative the names oi subcantractors or
suppliers far each portion of'the Work. The Owner's Representative will prompt�y reply
Revised 5eptember 12, 2a02
ta t�e Contractor in wriiing if f,he Qwner or �.e Owner's Architec�, after aue
investigation, has reasonable objeciion to the subcontractors or suppliers listed.
3.3{c}. The Contractor wi11 comply wiih Minority/Woman Business Enterpris� (M/WBE)
requirements as outlin�d in the "Specifications �or Canstruction of Single Family
Hames". The Owner has a minimum goal af 40% of the dollar volume o�the contract for
MWBE participation.
3.4 LABOR AND MATERIALS
Unless otherwise provided in ih� Cantract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tool5, utilities, �ransportation, and oth�r facilities and
sezvi.ces necessary for pxaper execution and completion af the Work. The Contractor
shall deliver, handle, siore, and install materials in accordance wiih manufacturer's
recommended method of installation. AlI constru.ctian must conform to goad
construction praciices and be installed in a wor�nanlike manner.
3.5 WAYtRANTY
The Contractor warrants to the Owner and Owner's Representative tliat: (1} materials and
equipmen# fumi.shed under the Contract are new, unused and of good quality unless
otherwise required or permitted by the Conixact Documcnts; (2) the Work will be free
from defecis no# inherent in the quality xequired or permitted; (3) the Work wi11 conform
to the requirem�nts of the Cantract Documents and the Contracior shall provide a fen year
warranty. The effective date af the warranty is the c�ate of final clasing.
3.6 TAXES
The Cantractor shall pay sales, consurner, use and similar taxes that axe legally required
when the Con#raci is executed.
3.i INSURANCE
During ihe term af this contract and any extension thereof, contractor shall mainiain an
insurance policy with the following coverage:
3.i (a) Commercial G�neral Liability Tnsurance of a minimu711 of $1,4�0,000.04 per
accurrenc�,
3.7 (b) Business Auto Liability Insurance of a minimum of $1,000,000.00 each accident.
3.7 (c) Statutozy Workers' Compensation Tnsurance incluc�ing employer's lial�ility.
3.q (d) Builder's Risk Insurance to cover th�; properiy in the co�.trse o� the proj ect (against
fire, ha.il., theft, etc. ofmaterials and incompleie canstruciion).
3.'� (e} In addition, ih� City af Fort Worth and Foz�t Worth Hausing Finanee Cozparatifln
shall be endo�rsed as an additional msured on all insurance policies.
3.8 PERM�TS, FEES AND NOTICES
� Revised Septernber I2, 2p02
3.8{a}. The Contractax shall obtain and pay for the b�ilding permit and other permits and
government fees, licenses and :mspections necessary fo� proper execution and complEtion
of the Work.
3.8(b). The Contractor shall comply with aIl requ�rements of agen�ies having jurisdiction
over the Work. If the Con�ractor performs work knowing it to be contrary to laws,
statutes, ordinances, building codes, and rules and regulations, the Contractor shall
assuma full responsibility for such Work and shall bear aIl cosfs. The Contractor shall
proxnptly .notify the ArchitectlQwner's Representa�ive in �svriting of any known
inconsistencies in the Con�ract Documenis with such governm�ntal laws, rules and
regulations.
3.9 USE OF SITE '
The Coniractor shall confine operations at the site to areas permitted by law, ordmances,
permits, the Contract Docutnents arid the Owner.
3.1 fl SUBMITTALS
The Contracior shal�i pramptly review, apprave in writing and suhmit to the Owner's
Representative Shop Drawings, Product Data, Samples, and similar submi.ttals reqtured
by the Contract Documents. Shop Drawings, Product Data, Samples and sim:tlar
submittals are not a part of the Contract Docut�ents.
3.11 CUTTING AND PATCHING
The Contractor sha11 �e responsible for cuttir�g, fit�ang orr patchi.r�g required to camplete
the Work or �a make its parts fit together properly.
3.1 � CLEANING UP
The Contractor shall keep the premises and surrounding area free from accutnulation of
debris and trash related ta the Work.
3.13 nvnEivnv��ca�[orr
Conixactor covenants and agxees to and does hereby indemnify, hold hartnles� and
defend, at its own �xpense, Owner's R�presentative, its aff.cers, agents, servants and
employees, from and against any and all claims or suits far praperty loss or damage
and/or persflnal injury, inc�uding death, to any and all persans, of whatsoever kind or
character, whether real or asserted, arising out of or in connection with, directly or
indirecfly, the work and servic�s ta be performed hereunder by Contrac#or, i�s oificers,
agents, �mployees, subcontractors, Iieensees or invitees, whether or not caused, in
w�ole or in _nart, bv t�.e alle�ed ne�li�ence of the officers, a�ents, servants,
emnlovees, eontractors. subconlxactors. licensees and invitees of the Owner's
Re�resenta�ive;, � and said Contractor daes hereby covenant and agzee to assume all
liabiliiy and responsibility of Owner, Owner's Representative, its officers, agents,
servanfs and employees for any and all claims ox suits for property loss or damage andlor
persanal injury, including death, io any and all persons, of whatsaever kind ar character,
whether real or asserted, arising out of or in cannection with, directly or indirec�ly, the
work and services to be performed hereuncler by Contractor, its � officers, agents,
5 Revised September 12, 2002
ernployees, subcanfirac�ors, licensees or invitees, whether or nof caused, in w�ale ox in
part, bv �he alle�ed ne�li�ence of the oificers, a�ents, servants, emnlo�ees.
contractors. �nbcontractors. Iicensees and invitees of the Owner's Renresentative.
Caniractor lik�wise covenants and agrees to, and does heraby, indemnify and hold
hannless Owner's Repr�sentat�ve :Eram and against any and all injuries, damage, loss or
desi�ction to properiy of Owner's Representative during the perfarmance of any of th�
terms and conditions of'this Contract, whether arisin� ont of or in ca�nect�on with or
resulting �rom, x� vvhole or in nart, anv and all alle�ed acts or omissions officers,
---- -� �---....._...... . � - - — — � -
�ents. servants, emnlovees. contractors, subcontractnrs, licensees. iuvitees of
Owner's Representative.
Article �
OWNER'S REPRESENTATIVE RESPON��BIIa�TIES
4.1 The Owner's Representative wi11 visit the site at intervals appropriate to the stage of
construction to became generally familiar with the progress and quality of the Work.
4.� The Qwner's -Representative does not have control over nor is in charge of or
responsible for construction rneans, methods, techniques, sequences or procedures, or for
safe#y precau�ions and programs in connection with the Work, sinee these are solely the
Cantractor's :responsibility. The Owner's Reprasentative will not be respbnsible for ihe
Coniractor's failure to canry out the Work in accordance with the Contract Documents.
4.3 The Owner's R�presentative sha11 have the authori#y io re�ecf Work that does not
conform to the Contract Documents. �
4,4 The Owner's Repr�senta.tzve's duties, responsibilities and limits of authority as
described in the Contract Documents will not be changed without written consent of the
Owner,
4.5 Based on the Owner's Representatave's observations and evaluations of the
Cantract�r's Application for Paymenf, fihe Ownex's Representative wi11 re�view and ce:rtify
ihe amounts due the Contractor.
4.6 The Owner's Representative will promptly review and approve ox take apprapriate
actions upon Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the Iirniied purpose of checking for conforrnance with information given and
ihe design concept expressad in ihe Contxact Docuznents.
4.'% The Owner's Representative will promptly interpret and decide matters concerning
performance under any requixements of the Contract Dvcuments on written request of
either �he �vvner or Contractor.
6 Revised Septembez 12, 2002
4.8 Th� Own�:r's Repxesentative can require additional testing if necessary via minor
change order as provid�d in Sectian 6.2.
4.9 Inferpretati.ans and decisions of th� Own�r's Represeniativ� wi11 be consistent wi�h
the intent oi and reasonably inferable from the Contract Documen�s and will be in wriiing
or in the form of drawings. When making such interpretations and decisions, the
Owner's Reprascntat�ve will endeavor to secure faithfiil performance by bo�h Owner and
Conlxactor, wi11 not s�ow pax�iality to either and will not be liable for results of
interpretatians or decisions so rendered in gaad faith.
Article S
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 bc rnade at an appropriate time. If the �wner's Represenfa�ive
requi:res additional testirrg, the Gontractor shall per%rm these tests.
5.2 The Own�r shall pay far additional tests except for testing Work found to be
defective for which the Cantractar shall pay.
Article 6
CHANGES IN THE WORK
G1 Af�er execution of the Contract, changes �in the Work may be accomplished by
Change Qrder or by order for a minor change in the Work. The Ovvner, without
invalidating the Contract, may order changes in the V�'ark within general scope of the
Cont�act COI1515t1I1� of additions, deletions ar o�her revisions, the Contract Sum and
Contract Time being adjusted accordingly.
6.� The Owner's Representative will ba�e the authority ta order rninor changes m the
Wark not involving changes in the Contraci 5um or ihe Canfiract Time and inconsistent
with th� intent of the Contract Documents. Such changes sb.all be written orders and sha11
be binding on the Owner and Cantractor. The Contractor shall cany out such written
orders promp�ly.
6.3 If concealed or unl�own physical canditions are encountered at the site thaf dzffer
materially from thase indicated in the Contract Doauments or from those conditions
ordinarily found ta exist, the Contract Sum and Contract Time shall be subject to
�quitable adjustment.
7 R�vised September 12, 2002
Ariicle 7
CORRECTIC�N OF W�RK
7.1 The Cantractor shall promptly corr�ct Work rej ected by the Owner's Representative
because o�' failure to conform to the reqeai�ements of the Contaract Documents. Such
failure constztutes a default az�d is subject to the provisions in Sectzon 2.3. The
Contractor shall bear the cost of correcting such rejected Wark.
7.� Tn adcliiian to ihe Contractax's o�.ier obligatians inciuding warranties under the
Conixact, the Contractor sha11, far a period oi one year after Substantial Completion,
correct work not con�'orming ta the requirements af the Contract Documents.
7.3 If the Contractar fails to cure the default in accordance with Section 2.3, Owner may
curc it and �e Cantractar shall reimburse the Owner far the cost of correchon.
Article S
TIlVIE
8.1 Time limits stated in the Contract Documents are of the essence o�the Confract.
8.2 If the wark is delayed at any time by change orders, labor di�puies, fire, unusual
delay in deIiveries, unavoidable casualties or ather causes beyond the Contzactor's
control, fhe Contract Tim�; shall be extended l�y Change Qrder for such reasona�le time as
the Own�r's Representative rnay detern�i,ne.
Article 9
PAYMENTS AND COli�IPLETIQN
9.1 CONTRA,CT SU1Vi
The Contract Suxn stated in the Contract, including authorized adjusimenis, is th� total
amount payable by the Owr�er to the Contractor for performance of the Work under the
Contract Documents. A 10% retainage will be required for alI prajects exceeding
$400Q.00.
9.� AI'PLIGATIONS TOR PAYM�NT
9.2(a). At �east ten (10) days �efore the dafe esta�ilished for each progress payment, the
Contrac#or shall submit to the Owner's Representative an itemized "Applicaiion for
$ Revised September 12, 2002
Paymeni" for operations completed in accordance with the values stated in the Contract.
Such applicanon shall be supported t�y data substantiaiing fhe Contractor's right to
paym�nt as the Owner ar Owner's Representafiive may rreasonably requi�re aad re�ectzng
retafnage i.fpravided for elsewhere in ihe Coniract Documents.
9.2(b). The Contractor warrants that title to all Work cavered by an Applicaiion �or
Payment will pass to the Owner no later �han thc time of payment. The Cantractar further
warrants iha� upon submittal of an Application for Payment, all Wor� for which
Certifica#es for Payment have been pzeviously issued and payments received from the
Owner shall, to the best of the Contractor's knawledge, x:a�format�on and belie£, be free
and cic:ar of liens, ciaims, securi�y interests or oiher encumbrances adverse to �he Owner"s
interests.
9.�(c). The Owner's Representative will, within seven days after receipt of �he
Contractor's Applicatian for Payment, either issue to the Owner a Reques� �or Paym�n�,
with a copy to the Cont�ractor, for such amount as the Owner's Representative determines
is properly due, or no�ify t,�e Contractor and Owner in writing of the Owner's
Representative's reasons for recomm�nding to Ovwner that payznent be withheld..
9.3 PROGRES� rA�lv�rs
9.3{a). After the Owner's Represeniaiiv'e has issued a Request for Payment, the Owner
shall make payment based on a Percentage o#' Completiou schedule provided to the
Qwner by the Contractor. This schadule requires mutual agreement evidenced by
sign.atures representing "both" parties, which shall becoma a part oFthis Contract.
9.3(b). Upon receipt of payment from the Owner the Contractor sha�l prompily pa.y each
subcontractax and material supplier, out of ihe amount paid to the Ganfractor based on the
work com�leted,
9.3{c). Neiiher the Owner nox �he Owner's Representative shall have �he 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 Qwn�r shall nofi constifu.te acceptance of Work performed if it xs noi
in accardance with the requirem�n�s of the Contract Documents.
9.4 FINAL COMPLET[ON AND FINAL PAYMENT
9.4(a). Upon receipt of a final Applicatian for Paytnent with all require� documen�s, the
Owner's Representative will inspect #he Work. When the Owner's Rep:resentaiive f�ads
the Work accepiable and the Contract fully perfortned, the Owner's R�presentative will
promptly issue a final Request for Payrnent.
9 Re�vised September 12, 2002
9.4(b). Final payrnent shall not become due until the Contractor submits to the Owner's
Representative rreleases and waivers of liens, and data evidencing satisfaction of aIl
obligations, s�ch as receipts, claims, security in�erests or encumbrances arising oufi of the
Contrac� and any other documents, certificates, surveys or warran�ie� required by
Contract Documents,
9.4(c). Acceptance of final payment by the Contxactar, a subcontractor or a material
supplier shall constitute a waiver o£ claims by that payee exoepY those previously made in
writing and identified by ihat payee as uns�ttled at th� time of final Applicatian far
Payment.
Article 10
SAFETY PRECAUTIONS A1�TD PROGRAIi7S
10,1 The Contractor shall be responsib�e for initiating, maintaining, and supervising all
safety precautions and programs, including all those requued by law in connectian with
performance of the Cantract. The Contractor shall promptly rerriedy loss ar�.d damag� ta
property caused in vc+�bole or in part by the Contractor, a subcontractor, anyone directly or
indirectly employed by them or a.nyone for vvhose acts they may be Iiable.
r�r�icle 11
TERMINATION OF THE CONTRACT
11.1 TERIVIINATION BY TAE CONTRACT�R
Tf the Owner fails to make payments when due or breaches any other terms of this
Contract, the Coniractor may tenninafe the Contract, upon written notice to the Owner,
and recover from the Owner payment for Work execuied and for pravez� loss wi�h respect
to materials, equipment, taols, construction equipment and machinery, including
reasonable overhead.
11.� ��ATroN sY �rxxE owivEx
11.2(a). The Owner or the Owner's Representative upan written consent fram Owner,
may terminate the Contract if the Contractor:
1. consistently, persistently or repeatedly refuses or fai�s to supply enough
properly skilled warkers or praper materials;
2. fails to make paym�nts to subcontractors for materials ar labor in
accordance with the respective agreements b�twecn the Contractor and.the
subeontractars;
3. vivlates federal, state or �ocal laws, ordu�ances, rules, xeguiatio�s or oxdsrs
of a public authority having jurisdiction; or
4. is otherwise in breach of a provision of the Contract Documents.
10 Revised September 12, 2002
11.2(b). �'Vhen any of the above reasons exist, the Dwner, after consulta.�ion with the
Owner's Representati�e, may wifihout prejudice to any oiher rights or remedies of the
Owner and afker giving the Confractor and Contractor's surety, if any, written notice,
terminate the empXoyment of the Contractor and may:
1. �ake �]OS5�5SlOri Q� �� site and of all materials thereon owned by the
Contractor;
2. �aish t�ie Work by whatever reasonable means ar method the Owner may
deem expedient.
11,3�(c }. i�Then the Owner or Owner's Representative terminates the Con�ract for one o�
ihe reasons lis��d in 11.2(a), the Contractar shall not l�e entitled to receive furtb.er
payment until a11 the V4�ork is completed and accepted.
11.2(d). If ihe unpaid balance of the Contract Sum exceeds costs to finish the Work, such
excess shall be paid to the Contractor. If such costs excesd the unpaid balance, the
Can1�'actar shall pay the difference to the Owner. This obligation for pa�ment shall
survive termination of the Contract.
Article 1�
ASSYGI�1'S
1�.1 This Contract may nat be assigned by eiiher pa�rty.
Article 13
GDVERNING LAW
13.1 This Contract shall be governed by and constru.ed in accordance with the law� of the
State of Texas.
Aarticle 14
PERFORlVIANCE OF CONTRACT
I4.1 The obligations under the terms of the contract are performable in Tarrant County,
Texas.
Article 1�
VENUE
1�.1 The parties hereta hereby cansent that ven�e of any aciion brought under this
Contract shall be in Ta�rant County, Texa�.
11 Revised Septeznber 12, 2042
Article 16
SEVERABILITY
lb.l If one or more of the provisions af this Contract is held invalid, unenforceable or
ill�gal in any respect, the remainder of th� Contract shall remain valid and in full force
and effect. '
IN WITNESS WHEREOF, the arties hereto have executed this Con�ract in Fort Warth,
Tarirant Co�anty, Texas, this ���� day af �� e�C.�,n�,�- , A.D. 2002.
. ;-` ���-
O��ier _
A��� �� C���� ��`�`�
-/� �:� _ , By: ���(�_� � ��-
- Tif1e
`, � �,��ic� .
�� ��� -
- —. _.,_. �(,�`_. Aekno�+�I�ged by:
Can�raGt Au�3�arizati�n - ( � /
. � ._ .� _ . f
, � - �, _
���� _ �_� - ----.� �.� �ar ' City of Fort . Worth Housing
Department as Owner's Representative
APPROVED AS TO FORM AND
LEG ITY
�,
r , -
�Assist Ci�rney
�. ., _ . . _�
�r
12 Revzsed' ie�t�rp.:�,�: �. T�l?''" 'f
ADDE�TDUli� #l.
A minimum of five (�) inspections are required:
(x) FIRST REQUIRED INSPECT70N
Foundation- No canc:rete shall be placed without the s�eel, paly, plumbing and beams
inspection. After inspection is completed and ihe slab is poured the contrac�or will
receive the first draw in the amount of 18% of the cont�act price.
(2) SECOND REQUIRED INSPECTTON
Framing- After the house has been framed, decked, cornice insta�led, window installation,
roofing and siding is completed. The contractor will receive ihe second draw in the
amaunt of 18% of the contract price.
(3) THTRD REQiTZRED IN�PECTIOI+1 �
An inspectian is required af�er the electrical rough in, plumbing top-out, hvac rough in
and the wall insulation is cornpleted (prior to installation of drywall). Cantractflr will
rec�;ive the third draw in the amount of 18%a of ihe contract pric�.
(4) FOUI2TH REQUIRED �NSPECTiON
An inspection is required after the ansiaJ.Iation ofthe drywall, tapel bedl texture, trim-out,
interior and exterior paint,�floor eoverings, cabinets, counter tops and the plumbing trim
out is completed, and brick is insta.�led. The contractor will rreceive the fourth draw in the
amount of 18% of �he contract price.
(5) FIFTH REQUIRED INSPECTION
Fina1 inspection- All fu�.is�. wark completed. Drive and approach, gracling, elecirical,
hvac, attic insulation and the Building card has been completely signed ofi as being
complete. The contractor wi11 receive the fifth draw in fk�e amounfi of 1 S% of the contract
pri�e.
RETAII�IAGE
The 10% retainage will be released after completio� o£ the punch iist anc� installatio� of
the appliances.
Contractor shall give Owner's representative a five (5) day natice to schedul.e the requixed
inspections.
13 Revised September 12, 20a2
ADDEl�DUNi #�
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 (e) CONSTRUCTION DR.A�'S
Progress payment shall coincide with the five (5} required inspections.
ADDEllTDUl� #3
PROPERTY: 3128 Eastcrest Court Fort Worth. TX
The following i�tems are #a b� rncluded in the contract for construction:
Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer lin�s from tap to house
Cost includ�s Termite Treatment
2-14 Home Buyers Warranty
Compliance with Cu�rant Energy Cade
Comp�iance with Curreni NEC Electr�ical Code
18 Cubic Foot Refrigerator w/icemaker
'I�vo ceiIing fans
4" af Top Soil
Microwave with Buil�-In Vent-A-Hood
Built-In Computer Station
Garage Door Opener with Keyless Entry
Buiit-Tn Security System
ADDENDUIi�I #�
ORDINANCE 1�T0. 14171
AN ORDTANCE Ali�IENDTNG THE C�DE OF THE CITY OF
FORT WORTH (1986) AS AMENDED, SY THE ADDITION
4F SECTION 7aS0 ENTITLED f�ACCESSIBILITY STAl�TDARD
FOR CERTAIN CITY ASS�STED H�U�YNG CONSTRUCT�OI�I'
14 Revised September 12, 2002
PROGRAMS" REQUIRING CERTAII�T BUILDTNG STANDARDS
ilil' CTTY ASSISTED HDUSING PROGRAMS TO PROVIDE
SASIC ACCE55 TO PERSQ1iS WZTH D�SABLITIES; PROVIDING
THAT THIS ORDYNANCE SHALL BE CUIi�IULATIVE OF OTHER
ORDINANCES; PROVTDII�TG A SEVERABTLITY CLAUSE; AND
PROVIDING AN EFFECTTVE DATE.
WHEREAS, person with disabi�ities and their immediate families are often
isolated in their own homes because the homes of their acquaixitances contain
insurmountable barriers, and often experience difficulty in finding a suitable house ta xenfi
or buy; and
WHEREAS, certain features in bonsing construction �ake new houses mare
accessible and livable for persons with dxsabzlities and thus enhance the quality af life for
#hese per�ons.
WHER�AS, �lie Gi#y of Fort Worth is committed to provide accessibility to persons
with disabilities t.�rangh its hausing prograxns,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE
CITY QF FORT WORTH, TEXAS:
SECTION i.
This ordinanc� is to require cert�in standards in the consi�xctian of new single family
dwellings, duplexes aud �riplexes that are constructed with city assisiance as
SECTION 2, to make houses more accessible for persons with disabilities.
SECTION �.
The; following requirements shall be applicable ta the construction of new singi�- family
dwelling, duplexes, and triplexes ("1�pplicable Dwelling Units"), wi.th city assistance.
For purpose of this ordinaa�ce, "city assistance" sha11 mean fun�s for the consfiruction af
Applicable Dwe�ling Units in and city-funded program, with the fi�ncling source of
CDBG, HOME or any other federal, state ar 1oca1 housing programs.
SECTION 3.
The following design requirements shall apply:
Requirement 1. Building Entran.ce
Applicable Dwelling Units musi grovid� at le�.st one building entrance on an accessible
route served by a no- step entrance or a rarnp in campliance with the CA.BO/ANSI-
15 Revised Sep#embex 12, 20Q2
A117.1, Accessible and Usable Buildings and Facilities Sta.ndard, as adopted by the Fort
Worth Building Code ("Accessibility Standard") and having a maximum slope not to
exceed ane in twelve (1:12}; unless �t is impraencal to do so because of terrain or u�usual
characteristics of the sit� as deterrruned by a City o� Fort Worth b�ilding official("City
builcling Officiai") upon review of the written request set %rth in SECTION 4. The
building entrance doors shall comply with the Accessibzlity Standard and shall have a
minimurn cl�ar opez�ang of 32 inches. The entrance may be at the front, side or back of a
dwelling as long as it is served bq an accessible route such as a garage or �idewalk.
Requirement 2. Interior doors.
All Applicable Dwel�ing Units, whether or not an an accessible rouie, shall provide doors
designed ta allow sufficient widtl� for the passage of wheelchairs. Except those serving
close�s less than 15 �quare feet in area, interia:r doors within an Applicable Dwelling Unit
must pravide a minimum of 30" clear apening. A 2'8" door or standard 6'0 sliding patio
door assembly is deemed sufficient to comply wi�h this requirement, pravided howeve:r,
compliatice with requirements on Maneuvering Clearanc� at Doors in the Accessibility
Standard shall not be mandatory.
Requirement 3. Accessible routes into and through the Applicable Dw�lling Unit.
An Applicable Dwelling Unit must provide as accessible raute through the hallways and
passageways af the first floor of the unit. Further, the accessible route must provide a
rr�inimum of widih of 36", except through doors, and be lev�l with ramped or beveled
changes at door thresholds.
Requirement 4. Wa11 reinforcement in bathroom.
Re�anfarcement in the walls shall be provided at designated Iocations a5 specified by the
Acc�ssibi.lity Standard, so tlsat grab bars may be installed, if needed, at a later date
without the necessity of removing portions of the existing wa11.
Requirement 5. Lighi switches, electrical outlets, thermostats and other env�'otamental
controls. �
A�l Applicable Dwelling Units shall be designed and constructed to contain light
switches, electrical outlets, thermostats and other Cpri�0�5 in coznpIiance with �he
requirement af the Accessibilify Standard. Where mul�iple controls serve the same
elements {e.g., two remote switches fbr a light) only one must be accessible.
SECTTON 4.
sEC'I`ION 3 Requirement I(Building Entrances) may be waived by the Build�ng Offzcial
w�en in his/her opinian, due to grade ar site conditions ("Conditions"}, access by ramp is
unattainab3e. A person requesting said waiver sha.]1 fle a written request ("Request")
16 Itevised 3epiember 12, 2002
with the City Building Official a� the Cify of Fort Worth Development Department and
include all documents necessary to prove the existence of the Conditions. The Reques#
shall demonstrate that the Condit�ans on the site r�nder it impossible to camply with the
requirement for exterior accessibility in this ardinance. Within � 0 calendar days from the
receipt of a completed Request, the City Building Official shall re�der a writien decision.
A capy of the decision. sha11 be filed in the official recards of the Development
Deparhnent. Ap�eals to the City Bui�ding Off�cial's decision sha11 be rnade to the
Construction and Fire Preventian Board in accordance with Secti.on 7-47 of the City
�ode.
SECTIOI�T 5.
This ordinance sha11 be cumulative of alI provisions of ordinances and af �he Coda of
the City of Fort Worth, Texas (1986), as amended, except where the provisions of this
Ordinance are in direct conflict witk� �he pxovisions of such ordinances and such Code, in
which even# conflicting provisions of such ardinances and such Cade are hereby repealed.
�ECTION G.
It is hereby declared to be the intention of �he City Council that the sections, paragraphs,
sentences, clauses and phrases af this ordinance are �everable, and if any phrases, clause,
sentences, paragraph or section of this ordinance shall be declared unconstitutional by the
va�id judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, seniences, paragraphs and sections
of �hi�s arc�inance, since the same would have b�en enact�d by the City Council without
the incarporation in this ordinance of any such unconstitunona] phrase, clause, sentence,
paragraph or section.
SECTION 7.
This ordinance shall take effect and b� in full �'orce and e�%ct from and after ihe date of
its passage, and it is so ordained.
17 Re�vised 5eptember 12, 2002