HomeMy WebLinkAboutContract 28254CITY OF FORT WORTH HOUSING FINANCE CORPORATION
CONTRACT FOR CONSTRUCTIOl�
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Tl�is CONSTRUCTION CONTRACT ("Contract") is made between Fort Worth
Housin� Finance Comoration ("Owner"} and NB Hornes Ltd. {"Contractor"), 12th Day
of Decer�ber , 2002 for the purpose of constructing ONE single family dwelling (s} on a
lat{s) provided by the "Owner" within the Corporate limits of Fort Worth, TX.
*The lot site address is: 313� Eastcrest
*Its legal description is: Lot 2, Block 1, Eastcrest Addition
*Aftach an Addendum for multiple units constructed.
The Qwner shall comp�nsate ihe Con�ractor a total suxn of $81,450.00 ei�htv-one
thousand fiftv dollars and no110a.
Payment shall be made in accordance with Article 9 of this Coniract Plan No. BG
i 6� 10�-S.
The date of Commencemeni shall be; December 20, 2002 with a Completion date not to
exceed 120 Calendar Days ("Contract Tixne").
Owner and Contractor hereby agree to the following:
TERIVIS A�D C�1�DI'I'�ONS
Article 1
GEl�TERAL PROVISIONS
1.1 TERMS USED IN THE CONTRACT
1.1{a). This Contract, the Plans and Specifications for Consiruction of ihis Single Family
Home represent the �ntire and iniegrated agreement between the parties and are tageiher
referred to as "Contract Docum�nts".
1.1{!�). The term "Work" shall mean the canstruction and services required including a11
labar, materials, equipment and 5�1i�1C85 pra�ided by the Cont�actor to fulfiil the
Contractar's abligations and responsibilities under the Contract Documents.
1.1{c}. The term Owner's Representative shall mean the City of Fort Worth Housing
Depariment, which provides administratian of the Con�tact as described in the Contract
Doc�ments. The Owr�er's Representative will have the authority to act on behalf of the
Owner to the extent provided in the Contract Dvcuments.
1.1(d}. This Contract may be amend�d or modified ONLY by a mutually agreed writtan
modification in the %rm of a Change Order. A Change Order �t;�!- t�� a�xrt-i?.r�� ���r to
,
�Yd&�ti S:e� {P�?'i�� 12�, 2d�2
the Contractor signed by the Owner or Owner's Repr�sentative to change th�; 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 a�tached addendums together with the change orders are a part of
this can�ract and binding on all parties. Those items include, but are not limited io,
Change O:rders, Caniractor's Application and C�rtificate far Payment, Contractor's
Affidavit of Payment of Debts and Ciaims, and the Certificate of Substantial Completion,
Drawings, and Specifications.
Article �
RESPONSIBILYTlES OF THE OW1iTER
21 INFORMATION AND SERVICES
21(a). If requested by the Contractor, the Owner shall furnish and pay for a surrrey and a
legal descriptian of the site.
�.1(b). Except for permits and fees, which are the responsibility of th� Contractar under
the Contract Dacutnents, the Owner shall obtain and pay for necessary approvaIs,
easements, assessmen�s and charges.
2.2 OWNER'S RIGHT TO STOP WORK
If the Cantractor fails ta comply with the
Representative may direct the Contractor in
is made.
Confract terms, the Owner or the Owner's
wriiing to stop the Work until ihe correction
�.3 ow�v�u°s RrcxT To C�Y ouT � waRx
If the Contractor defaults or neglects to carry aut the Work in accordance with the
Contract Documents and fails within fourt�en days (14) fram tlie date of written notice
from the Owner or Owner's Representative to cure such de£ault, the Owner or Owner's
Representative may, without prejudice to other remedies, cure such de�aults. In such
case, a Change Order shal� be issued deducting tt�e cost of correction from payments due
Contractor. If the default is not reasonably susceptible to cure by Cantrac�or within the
fflurteen (14) day period, Owner will not exercise th� option to ternunate this agreement
so long as the Contrractar has commenced to cure the d�fault within the fourteen (14) day
period and diligently complete the work within a reasonable time.
2 Revised Saptember 12, 2002
�.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION 1 AWARD SEPARATE CONTRACT
2.4{a}. The Owner reserves the right to perform construction or operations related to the
project with the Owner's own forces, and ta avvard separate contracts in connectian with
other portions of the praject.
2.4(b). The Owner shall require the Contractor to coordinate and cvoperate with separate
cantractors employed by the Owner.
2.4(c). The Owner shall require that costs by delays ar by improperly timed activities ar
defective canstruction be borne by the parly respansible therefor.
�.� (d) If a dafect occurs and i� the Cont�actor does not cure the defect timely according
to the contract provisions the Qwn�r may enter into a separate contract with a third party
to cure their ciefect. The canirac�or then shali timely reimburse the Owner for the cost of
contracting with �he third party and the cost to cure ihe defect.
Article 3
RESON5IBILITIES OF THE CONTRACTOR
3.1 EXECUTION OF THE CONTRACT
Executian of the Contract by the Contractar is a representation that the Contractor has
visited the site, become familiar with Iocal conditions under whiGh the Work is to be
performed and correlated personal observations with xeqwirements of the Cont�act
Documents.
3.� REVIEW OF CONTRACT DOCUMENTS ANll FrELD COIVDYTIOIV$ BY THE C�NTRACTQR
The Contxactor shail carefully study and compare the Contract Documents with each
other and with information furnished by the Owner. Before commencing activities, the
Con�ractor shall (1} take fteld rneas�xrements and verify field eonditions; (2} carefully
compare this and other information known to the Contractor with the Contr�ct
Documents; and {3) promptly report errors, inconsistencies ar omissions discovered to the
Owner's Representative.
3.3 Si7PERVISIDN AND CONSTRUCTION PROCEDURES
3.3(a). The Cantractar shall supervise and direct the Work, usin� Contractor's best skill
and attention. The Contractor shall be solely responsible for and have control over
eonstruction means, methods, techniques, sequences and proceduxes, and for coordinating
aIl portions of the Work.
3.3{b}. The Contractor, as soan as practicable ai�er award o�the Contract, shall fiirnitsh in
writing to the Owner through the Owner's Representative the names of subcontractors ax
suppliers for each portion of the Work. The Owner's Representative will promptly reply
Revised Sepiember 12, 2002
to the Contractor in writing if the Owner or the Owner's Architect, after due
investigation, has reasonable abjection to the subcontractars or suppliers listed.
3.3(c}. The Contractor will comply with M�noritylWoman 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 cantract for
MWBE participation.
3.4 LABOR AND MATERIALS
Unless otherwise provided in the Contract Documents, �he Contractar shall pro�vide and
pay for labor, materials, equipmeni, tools, utilities, tr�sportatian, and other facilities and
services necessary for proper execution and completion of the Work. The Contractor
shall deliver, hand�e, store, and install materials in accordance with manufacturer's
recommended rnethod o�' installation. A11 construction must confarm to good
construction practices and b� install�d in a worktnanlike manner.
3.� WARRANTY
The Contractor warran�s to the Owner and Owner's Representative that: (1} materials and
equipment fitrnished under the Contract are new, unused and of good quality unless
otherwise requir�d or permitted by the Cont�ract Documents; (2) the Work wii.l be free
frarn defects not ir3herent in the quaiity required or permitted; {3} the Work will conform
to the requirements of the Contract Documents and the Contractor shall pravide a ten year
warranty. The effeciive daie of the warranty is the dafe af frnal closing.
3.6 TAXES
The Contractor shall pay sales, consurner, Use and similar talces that are legally required
when t11�: Contract is executed.
3.i INSIIRANCE
During i1�e term o� th�is cnntract and any extension thereof, contractor shall maintain an
insurance policy with the following covexage:
3.7 {a) Commercial General Liability Insurance of a minimum of $1,000,000.00 per
occurrence.
3.'� @} Business Auto Liability Insurance of a minimum of $1,000,000.00 each accident.
3.'� (c) Statutary Workers' Compensaiion Insurance inclurling employer's liability.
3.'� (d) Builder's Risk Tnsurance �o caver fhe property in the course of the project (against
f�re, hail, tl�eft, etc. of materials and incomplete const�uction).
3.7 (e) In addition, the City of Fort Warth and Fort Warkh Housing Finance Corparatian
shall be endarsed as an add.itional insured on alI insurance policies.
3.S PERMITS, FEES AND NOTICES
Revise� September I2, 2002
3.8(a). The Contractor shall obtain and pay for the building permit and other perrnits and
gavernrnent fees, licenses and inspections necessary for proper execution and compleiion
of the Work.
3.8{b}. The Contractor shall comply with all r�quirernents of agencies having jurisdiction
over the Wark. Tf the Contractor performs work knowing it to be contrary to laws,
statutes, ordinances, building codes, and rules and regulations, the Contracfior shall
assume full responsibility for such V�Fork and shall bear aIl costs. The Contractar shall
promptly natify the Architect/Owner's Representative in writing of any known
inconsistencies in ihe Contract Documents with such governmental laws, rules and
regulations.
3.9 USE OF SITE
The Contractor shall cdnfine oparations at ihe site to areas permitted by law, ordinances,
permits, the Contracfi Dacuments and �ie Owner.
3.1Q SUBMITTALS
The Contractor shall promptly revi�w, approve iri writing and submit to the Owner's
Representative Shop Drawings, Product Data, Samples, ar�d similar submittals required
by the Cantract 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 complete
the Work or to make its parts fit together properly.
3.12 CLEAIVING UP
The Contractor shall keep the premises and surrounding area free from accumulation af
debris az�d txash related to the Work.
3.13 TNDEMNIFICATION
Contractor covenanfs and agrees to and does hereby indemnify, hold harmless and
de£end, at its own expense, Owner's Representative, its officers, agents, servants and
employees, from and against any and all claims ar suits for praperty loss or damage
andlor personal injury, including death, to a�.y and a11 persons, of whatsoever kuld or
character, whether real or asserted, arising out of or in connect�an with, directly or
indirectly, the work and services to be performed h�r�un�er by Contractar, its officers,
agents, employees, subcantractars, lic�nse�s or invitees, whether or not eansed, in
whole or in part, b� the alle�ed ne�li�ence of the vificers, a�ents, servants�
emplovees, contractors. subcon#ractors, licensees and invitees of tbe Owner's
Representative; and said Contractor daes hereby covenant and agree to assume all
liahility and responsibility of Owner, Owner's Representative, its offcers, agents,
��rvan#s and employees for any and a11 clai.ms or suits for praperty loss or da�nage andlor
personal injury, including death, to any and all persons, of whatsoever kind or character,
whether real or asserted, arising aut of or in eonn.ection vsrith, directly or indirectly, the
work and services to be performed hereunder by Contractor, its officers, agents,
5 Revised September 12, 2002
employees, sul�contractors, lieensees or invitees, wheiher or not cau�ed, in w�ole or in
part, by the alZeged ne�li�ence af the officers, a�ents, servants, e�nploYees,
contractors, subcontractors, licensees and invitees of the Owner's Reuresentative.
Contractor likewise covenants and a�rees to, and does hereby, indemnify and hold
harmless Owner's Representa�ive from and against any and a1I injuries, damage, lass or
destruction ia property a� �wner's Representative during the pe:rfarmance of any of ihe
terms and conditians of thzs Contract, whether arisin;� out of or i❑ cannection with or
resuitin� from, in whole or in nart. anv and all alleged acts ar omissions officers.
a�ents, servants, emnlovees. contractars, sabcontractors, licensees, invitees a�
Owner's Reoresentative. �
Ariicle 4
OW1iTER'S REPRESENTATIVE RESPONSISILITIES
4.l The Owner's Representative will visit the site at intervals appropriate to the stage of
construction to become generally faxn.iliar with the progress and quality of the Work.
4.� The Owner's Representati�� does not have control aver nor is in cha�rge af or
respansible for constructian means, rnethods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are soleiy the
Contractor's responsibility. The Owner's Representative will not he responsible fnr the
Cantractor's failur� to carry out the Work in accordance with the Contract Dacuments.
4.3 The Owner's Repres�ntative shall have fhe autharity to reject Wark that daes not
conform to the Contract Dacuments.
4.4 The Owner's Representative's duties, responsibilities and Iimits of authority as
described in the Coni�act Documents will not 6e changed without written consent of th�
Owner.
4.� Based on the Owner's Representative's observation.s and evaluations of the
Contractor's Application far Payment, the Owner's Representative will review and certify
the amounts due the Contractor.
4.6 The Owz�e:r's Representative will promptly review and apprave or tak� appropriate
actions upon Contractor's submit�als such as �hop Drawings, Product Data and Samples,
but only for the limited purpose of checking for confo�na.�ce vvith information given and
tb.e design concept expressed in the Contract Docum�nts.
4.i The Qwner's Representative will prornptly intarpret and decide matters concerning
performance under any requirements of the Cantract Docurnents on writ�en request of
either the Owner or Contractor.
6 Revised September 12, 2002
4.8 The Owner's Represen�ati�e can require additional testing if neeessary via minor
change order as provided in Section 6.2.
4.9 Interpretations and decisions of the Owner's Representative wi11 be consistent with
the intent of and reasonably inferable from the Cvntract Documents and will be in writing
or in the fartn of dra�ings. When making such interpretatians and decisians, the
Owner's Representative will endeavor to secure faithful performance by both Owner and
Contractor, wili not show partiality to either and will not be liable for results of
interpreta#ians or decisions sa rendered in good faith.
Article �
TE5TING AND INSPECTIONS
�.1 Tests, inspectians and appra�als af portions of the Work arequired by the Contract
Documents or by laws, ordinances, rules, regulatia�s or orders o#' public authorities
having jurisdiction shall be made at an appropriate time. Lf 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 �
CHANGES IN THE WORK
5,1 Af�er execution of the Contract, changes in the Work rnay be accomplished by
Change Order or by order for a rninor change in ihe V�7ork, The Owner, without
invalidating the Contract, may order chang�s in the Work within g�neral scope of the
Contract consisting of additions, deletions or ather revisions, the Cantraci Sum and
Contract Time being adjusted accordingly.
6.� The Ownex's Representative will have the autharity fio order minor changes in the
Wark not involving changes in the Contract Sum flr the Cantract Time and inconsistent
with the intent of the Contract Docurnents. Such changes shall be written ord�rs and shall
be binding on the Owner and Contractor. The Contractor 5ha11 carry out such written
orders promptly.
6.3 If concealed ar unknown physical canditions are encountered at the site tkiat differ
materially from those indicated in the Contract Documen�s or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to
equitable adjustmeni.
7 Revised September I2, 2002
Article '�
CORRECTIDN OF WORK
7.1 The Contracfior shali prompfily correct Work rejected by the Owne�'s Representative
because of failure to con�'orm to the requi�ements af the Contract Docutnents. Such
failure constitu�es a default and is subject to the provisions in Section 2.3. The
Contractar shall bear the cast of correcting such rejected Wark,
'�.� In addition to th� Gontractor's ather obligation� including warranties under the
Contract, the Contractor shall, far a period of one year after Substantial Completion,
correct woxk not canfornung to the requirements of the Cantract Documents.
i.3 If th� Contractor fails to cure �he default in accordance with Section 2.3, Owner may
cure it and the Contractor shall reimburse the Qwner for the cost of correction.
Article 8
TIlYlE
�.1 Time limits stated in the Contract Documents are of the essence of the Contract.
8.2 If fihe work is delayed at any time by change orders, labor disputes, fire, uinusual
delay in de�iveries, unavoi�able casualties or other causes beyond the Contractar's
contral, the Cantract Tirne shall be extended by Change Order for such reasonable time as
the Owner's Representative may determine.
Article 9
PAYl�ENTS Aliill COMPLETTON
9.1 CONTRACT SU1VI
The Contract Sum stated in the Contract, including authnrized adjustments, is the tatal
amount payable by� the Owner to �e Cantractor for performance of the Wark under the
Con�ract Dociunents. A 10% retainage will be required for all projects exceeding
$4000.00.
�.� APPLICATIONS FOR PAYMENT
9.2(a}. At least ten (1Q) days before the date established for each progress payment, the
Cantraetor shall submit to f1�e Owner's Representative an itemized "Application for
8 Revised September 12, 2002
Payment" for operations completed in accordance wi�h the values stated in the Contract.
Such appiication shall be supported by data substantiating the Contractor's right to
payment as the Owner or Owner's Repres�ntative may reasonably require and reflecting
retainage if providad for elsewhare in the Contract Documents.
9.2(b). The ContractQr warrants that title to all Work covered by an Application far
Paymenf will pass to the �wner no later than the time of payment. The Contractor further
warrants that upon submittal of an Application for Payment, all Work for which
Certificates far Payment have baen previously issued and payments reeeived fiom tbe
Qwner shall, to the best of the Cantractor's knowledge, information and belief, be free
and clear of liens, claims, security interests or other encumbrances ad�erse ta the Qwner's
interests.
9.2(c). The Qwner'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 Cantractor, for such amount as the Owner's Represeniati�e determines
is properly due, or noti�'y the Contractor and 4wner in wrifing of the Owner's
Representative's reasons far recommending to Owner that payment be withheld..
9.3 PROGRESS Pa�NTs
9.3(a}. After the Owner's Representative has issued a Request for Payment, the Owner
shall make payment based on a Percentage af Completion schedule provided to th�
Owner by the Contractor. This schedule requires mutual agreement evidenced by
signatures representing "both" parties, which shall become a pa.rt of this Contract.
9.3(b). Upon receipt of payment from the Owner the Conixactar shall pramptly pay each
subcontractor and material supplier, out of the amaunt paid to the Co�tractor based on the
work completed.
9.3(c). Neither the Owner nor the Owner's Representative shall have the responsibility
far the payment of rnoney ta subcontractars or material suppliers.
9.3{d}. A Request for Payment, progress payment, or �artial or enfire use or occupancy
of the project hy fhe Owner sha11 not constitute acceptance of Work pe:rfarmed if it is not
in accordance with the requarements of the Contract Documents,
9.4 FINAL COMPLETION AND FINAL PAYM.ENT
9.4(a). Upon receipt of a final Applicatian for Payment with all required documents, the
Owner's Representative wi11 inspect the Wflrk. When the Owner's Representative �inds
the Waxk acceptable and ihe Contract fully performed, ihe 4wner's Representative will
promptly issue a final Request for Payment.
9 Re�ised 5eptember 12, 2002
9.4{la}. Final payment shall not becolne due until the Contxactor submits to fhe Owner's
Representative r�leases and waivers af liens, and data evidencing satisfaction oi all
obligations, such as receipts, clairns, securiiy interests ox encumbrances arising out of the
Cont�ract and any other dacumenis, oertificates, surveys or �varranties required by
Contract Documents.
9.4(c}. Acceptance of final payment by the Contractor, a subcontractor or a material
supplier shall constitute a wai�er 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.
Articie 10
SAFETY PRECAUTT01�1S AND PROGRAIVIS
10.1 The Caniractor shall be responsible far initiating, rnaintaining, and supervising all
safety precautions and programs, including a1i those required lay law in connection with
performance of the Contract. The Contractor shall promptly remedy loss and damage to
property caused in wbole or in part by the Contractor, a subcontractar, anyone directly or
indirectly employed by them or anyone for whase acts ihey may be liabte.
Article 11
TERMINATION OF THE CONTRA,CT
1 L1 TERMINATION BY THE CONTRACTOR
If the Owner fails ta make paytnents when due ar hreaches any otiher terms af #his
Contract, the Contracinr may terminate the Contract, upan written notice to the 4wner,
and recover from the Owner payment for Work executed and for proven loss with raspect
to materials, equipment, tools, canstruciion equipment and machinery, including
reasonahle overhead.
11.2 T�RMINATION BY THE OWNER
ll.�(a). The Owner or the Owner's Representative upon written consent from Owner,
rnay terminate the Cantract if the Co�tractor:
1. consistently, persistently or repcat�dly refuses ar fails to supply enough
properly skilled workers or proper materials;
2. fails to make payments to subconiractors for materials or labor in
accordance with the respective agreerraents between the Contractor and the
subcaniractars;
3. �violates federa.l, state ar local laws, oxdinances, nrles, xegulations ar arders
of a public authority having jurisdictian; or
4, is otherwise in hreach af a provisinn of the Can�ract Documents.
IO Revised Septemher 12, 2002
11.�(b). When any of the above reasans exis#, ihe Owner, after consultation with the
Owner's Representafiive, may wiihaut 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 empioymeni of the Contractor and may:
1. take possessian of the si#e and of all materials therean owned by the
Cont7ractor;
2. finish the Work by what�ver reasonable means or method fihe Owr�er may
deem expedient.
11.�(c ). When the Ovvner or Owner's Represantative tezmina#es the Contract for on� of
the reasons Iisted in 11.2(aj, the Contractor shall nat be entitled �o receive further
payment until all the Work is cornpl�ted and accepted.
11.�(d). If the unpaid balance of the Contract Sum exceeds costs ta finish the Wark, such
excess shall be paid to the Contractor. If such casts exc�ed the unpaid balance, ihe
Con�ractor shall pay the difference ta the Owner. This obligation for payment shall
survive terminatian af the Contract.
Article 1 �
ASSIGNS
12,1 This Contract may not be assigned by �ither party.
Article 13
GOVERl�ING LAW
13.1 This Contract shail be governed by and cflnstrued in accordance with the laws of the
State oF Texas.
Arfiicle 14
PERFORMAlVCE OF CONTRACT
14.1 The obligations under the terms of the contract are performable in Tarrant County,
Texas.
ArticIe 1�
VEIViJE
1�.1 The parties hereto hereby consent that venue of any action brought �nder this
Contract shall be in Tarra.nt Courrty, Texas.
11 Revised September 12, 2002
Article 1f
SEVERAB�L�TY
1b1 If one or more of the pravisions of this Contract is held invalid, uneniarceable or
illegal in any respect, th� r�mainder of the Contract shall remain valid and in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have ex�cuted this Contract in Fort Worih,
Tarrant Couniy, Texas, this � day of �{' ��r,j�„�,� , A.D. 2002.
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Contra�t 1�ufFia�i�r��ion
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Contractor
�11 � 5 i [�.�, �'' �i(`�,�,d, �� �
Title
Acknowledged by:
- ` -
Far' ` City af Fort Worth Housing
D�g'artment as Owner's Representative
APPROVED AS TO
LEG
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Assis City Attarn
FORM AND
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12 Revi�d ��i�i���, �0(�� •
; � . ��tl:�� �+,ilNr
ADI3EI�TDUlVI #1
A minimum of five (5} inspections are required:
(1) TIR5T REQUTRED INSPECTION
Foundation- No concrete shall be plaeed without the steel, poly, plumbing and beams
inspection. After inspection is completed and the slab is powred the contractor will
receive the frst draw in the amount of 1 S°10 of the cantract price.
{2) SECOND REQUIRED I1�15PECTION
Framing- After the house has been framed, decked, comice installed, window installa�ian,
roofing and siding is completed. The contractor wzll receive the s�cond draw in �he
arnount of 18% of the contract price.
(3) THIRD REQUIRED INSPECTION
An inspection is raquired after �he electrical rough in, plumbing top-out, hvac rough in
and the wall insulation is completed (prior to installation of drywall). Contractar will
receive tb.e tlurd draw in the amount of 18% af ihe con�ract price.
(4) FOURTH REQUIRED IN�PECTION
An inspection is required after the installation of the drywall, tape/ bedl texture, trim-out,
interior and exteriar paint, floor co�erings, cabinets, counter tops and the plurnbing trim
out is completed, and brick is installed. The contractor will recei�e the fourth draw in the
arnount of 18% of the contr�ct price.
{5} FIFTH REQUIRED INSPECTION
Final inspectian- All finish work completed, Drive and a�proach, gxading, electrical,
hvac, attic insulaiion and the Building card has been completely signed off as being
complete. The contractor will rec�ive the fifih draw in the arnount of 1 S% of the cantract
price.
RETAT1�iAGE
The 10% retainage wi11 be released after completion of the punch list and installatian of
the appliances.
Contractor shall give Owvxrer's representative a five (5) day notice to schedule ihe required
inspectiar�s.
13 Revised September 12, 2002
ADDEIl�DUIVY #�
Add fo Article 9 Paragraph 9.3 Pragress payment.
9.3 (e) CONSTRUCTION DRAWS
Progress payment shall coincide with the five {Sj required inspections.
ADDEl�TDiJ11Z #3
PROPERTY: 3132 Eastcxest Court F'ort Warth, TX
The following items are to be included in the contract for construction:
Site prep and dirt woxk
Driveway
Curb cut
Approach
Water and sewer lines from tap to house
Cost includes Termite Treaf.ment
2-10 Home Buyers Warranty
Compliance with Current Energy Code
Compliance r�vith Current 11�EC Electrical Code
18 Cubic Faot Refrigerator w/icemaker
Two ceiling fans
�L" of Top Soil
Microwave with Built-Tn Vent-A-Haod
Built-In Computer Station
Garage Door Opener with Keyless Entry
Built-In �ecurity Systern
ADDENDUM #4
ORDINANCE NO. 14171
AN ORDIANCE AMENDING THE CODE OF THE CTTY OF
FORT WORTH (198� AS AMENDED, BY THE ADDITION
OF SECTION 7�SD ENTITLED "ACCESSISILITY STANDA�tD
FOR CERTAIN CITY ASSISTED HOUSING CONSTRUCTION
14 Re�ised Septemher 12, 2002
PROGRAIVIS" REQUIRYNG CERTA7N BUILDING STANDARDS
I1�T CYTY ASSYSTED HOUSING PROGRAMS TO PROVIDE
BASIC ACCESS TO PERSONS WITH DISABLITIES; PROVIDING
THAT THIS ORDII�IANCE Si�ALL BE CUI�ULATIVE OF OTHER
URDIl�TA1�iCES; PROVIDING A�EVERABILITY CLAUSE; AlYD
PROVIDII�TG ,AN EFFECTIVE DATE.
WHEREAS, person with disabilities and theiur immediate families are ofien
isolated in their own homes because the homes o� their acquaintances coniain
insurmountable barriers, and often experience difficulty in �tnding a suitable house to rent
ar buy; and
WHEREAS, certain features in housing consiruciion rnake new houses more
accessible and livable for persons with disabilities and ihus enhance the quality of life for
these persons.
WHEREAS, �Iie City of Fork Worth is committed to provide accessibility to persons
with disabilities through its housing prograrns.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
This ardinance is �o require certain standards in the construction of new single family
dwellings, duple�es and triplexes that are construcfed with city assistance as
SECTIQN 2, to make hauses more accessible for persons with disabiliiies,
SECTTON �.
T�e following requixements sha11 be applicable io the construction of nev� single- family
dwelling, duplexes, and iriplexes ("Applicable Dwelling Units"), with city assistance.
For purpose of this ordinatic�, "city assistance" shall mean funds for the construction of
Applicable Dwelling Unit� in and city-funded program, with the funding source of
CDBG, HOME or any ather federal, state ar local housing programs.
SECTION 3.
The following design requirements shall apply:
Reqairement 1. Building Entrance
Applicable Dwelling Units must pravicie a� least one building entrance on an accessible
route served by a na- step entrance ar a ramp in compliance with the CABO/ANSI-
is Re���ed september X2, Zaa2
A117.1, Accessible and Usable Buildings and Facilities Standard, as adopted by �he Fort
Worth Building Code ("Accessibility Standard'� and ha�ving a maximurn slope not io
exceed one in tvvelve {1:12); unless it is impractical to do so because of terrain ar unusual
charactexistics of the site as determined by a City of Fort Worth building official �"City
building Official"} upon review of the written request set forth in SECTION 4. The
building entrance do�ars sha11 comply with the Aecessibility Standard and sl�all ba�e a
minimum clear opening of 32 inches. Th� entrance may be at the front, side ar back of a
dwelling as long as it is served by an accessible route such as a garage or sidewalk,
Requirement 2. Interior daors.
All Applicable Dwellzng Units, whether or not on an accessible route, shall provide daors
d�signed �o allow sufficient width for the passage of wheelchairs. Exce}�t those serviang
close�s less than 15 squar� feet in area, interior doars within an Applicable Dwelling Unit
must provide a minimurn of 30" clear opening. A 2'S" doar ar standard 6'0 sliding patio
door assembly is deemed sufficient to comply with this requirement, provided hawever,
compliance with �equirements on Maneu�vering Clearance at Daor� in the Accessibility
�tandard shall not be mandatary.
Requirement 3. Accessible routes into and through the Applicable Dwelling Unit.
An Applicable Dwelling Unit must provide as accessibie ronte through the hallways and
�assageways of the first floor of the unit. Further, the accessible route must provide a
rninimum of width of 36", except through doors, and b� level with ramped ar beveled
changes at door Yhresholds.
Requirement 4. Wall reinforcement in bathroom.
Reinforcement in the walls shall be provided at designated lacations as specified by the
Acc�ssibility Standard, so that grab bars may be installed, if needed, at a later date
without the �ecessity of removing portions of the e�isting wall.
Requirement 5. Light switches, electrical outlets, thermostats and other environmental
controls.
A11 Applicable Dwelling Units shalI be designed and constructed ta contain light
switches, electrical outlets, thermostats and other conirols in campliance tivith the
requirement af the Aceessibiiity Standard. Where multiple contra�s serve tb� sam�
elements (e.g., two remote switches for a light) only one must be accessible.
SECTTOI�T 4.
SECTION 3 Requirement 1(Building Entranc�s} may b� waived by the Building Official.
wh�n in his/her opinion, due to grade or site conditions ("Conditions"), access by ramp is
unattainable. A persan requesting said waiver shal� file a written request ("R.equest")
16 Revised September 12, 2002
with the City Building Official at the City of Fort Worth Development Department and
include all documents necessary ta prove the exisience of the Conditions. The Request
shall derrionstrate that the Conditions on the site render it impossible to comply with the
requirement far exterior accessibility in this ardinance. Wi#hin 1Q calendar days from the
reaeipt of a completed Request, the City Building Officia] shaZi render a written decision,
A copy of the decision shall be �iled in tha official records of the Development
Departmen#. Appeals to the City Building Off cial's decision shall be made to the
Construction and Fire Prevention Board in accordance wifh Section 7-47 of the City
Code.
SECTION �.
This ardinance shall be curnulative af all provisians af ordinances and of the Cade af
the Ciiy of Fort Worth, Texas (198b), as amended, except �c7vhere the provisians of this
Ordinas�ce are in direct conflict with the provisions of such ordinances ar�d such Code, in
which event conflicting provisions of' s�ch ordinances and such �ode are her�by 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 ardinance are severable, and if any phrases, clause,
sentences, paragraph or section of this ordinance shall be declared unconstiiutionai by the
valid judgment or decree of any court of cornpetent jurisdictian, such u�constitutionality
shall not aifect any of the remaining phrases, clauses, sentences, paragraphs and sections
of thi� ordinance, since the sarne would have been enacted by the City Council without
the incorparation in this ordinance o� any such uncanstitutional phrase, clause, sentence,
paragraph or section.
SECT`YON 9.
This ordinance shall take effect and be �n fu11 force and effect from and after the date of
its passage, and it is so ordained.
17 Re�ised September 12, 2D02