HomeMy WebLinkAboutContract 28425City of Fort Wor�h
COIVTRACT FOR COlVSTRUCTIOliT
��N��4A�� � �� C � �'��
This CONSTRUCTION CONTR.ACT ("Contract") is made between Shirlev Daniels
("Owner") and SOP Builders ("Confxactor"} on the T2th Day af February 2d03 for the
purpose af canstructiz�g ONE single-faxnily dwe11ir1g (s) on a lot(s) provided by �he
"Owner" within the Corporate Iimits ai Fort Worth, TX.
'�The 1ot site address is: 1$25 C�.rver Avenue
*Its legal description is: Lot 18, Slock S, Greenway Piace Addition
*Attach an Addendunn for mult�ple units constructed.
The Owner shall compensate the Contractor a total s�m af $55,000.00 lFIFT'Y-FIVE
TH4USAND & NO DOLLARS
Payment sha11 be made in accflrdance with Article 9 of this Cantract. PLAN �N-0�9�1 .
The date of Commencement shall be; February 24, 2003 with a Completion date not to
exceed 120 Cal�ndar Days ("Contract Time"). .
Owner arid Cantractor hereby agree to ihe following:
TERMS A1�TTa G011TI�ITI�1lT�
Article 1
GENERAL PRO�S�ONS
1.1 TERMS USED IN TAE CONTRACT
1.1(a}. This Cantract, the Plaa�s az�d �pecifications for Construction of this �ingle Family
Home represent the entire and integrated agreement betwe�n the parlies and are together
refezred to as "Contract Documents".
1.1(b). The term "Work" shall mean the constructian and servic�s required including a11
Iabor, materials, equipment and services provided by t1�e Cantractor ta fu1fi11 the
Contractor's obligations and responsibilities under the Contract Docum�nts.
1.1(c). The term Owner°s Representative sha11 mean the City of Fort Worth Housing
Dep�.ri.ment which ,provides adnainustration of the Contract as described in the Contract
Docurnents. 'The Owner's R�presentative will have the authority fio act on behalf of the
Owner to the extent provided in the Contract Documents.
1.1(d). This Contract may �� amended or rriodified ONLY by a inutually agreed written
moflificatxon in the fozxx� of a Change Order. A Ghange Order shall be a written order to
the Contractor signed by the Owner or Own�r's R�presentative ta change the Woxk,
Contract Sum or Contract Time. A change order is a part af this Coni�act and the
Contract Documents.
1.1(e), The eachibits and attached addendums together with the change order� ��.-�-�a�-f �f --
this contract and binding on all parties. Those iiems include, but are nc�t l�i�r� t�c
Revised 9�anir�y�' r2���
MI
,r� a i
e �
Change Orders, Can�kractar's Applicatian anc� Certifscate for Payment, Cantractor's
Affidavit of Payment of Debts and Claims, and the Certificate of Substantial Completion,
Drawings, a�nd Specification.s.
Article �
RE5POI�STBILTTIES OF THE OWIiTER
�.l INFORMATION AND SERVICES
2.1(a). If requested by the Contractor, the Owner sha11 furnish and pay for a surveq and a
legal descriptaan of the sxte.
2.1(b). Except for permits and fees, whic� are the responsibility of the Contractor under
the Cont�act Dacuments, the Owne�r shall obtain asid pay for necessary approvals,
easements, assessments and charges. �
2.2 OWNER'S RIGHT TO STOP WORK
If the Contractor £ails fo comply with the Contract terms, th� Owner or the Owner's
Representative may direct the C�ntractor in writing to stop the Work until the correetion
is ma.de.
2.3 OV4'NER'S RIGHT TO CARRY OUT THE WORK
I£ the Cantra.ctar defaults ar neglects to carry oui the Work in accordance with the
Cnntract Docu�nents and fails within fourteen days (14) fron� the date of written ndtice
frozn� the �wner or �wner's Represenfiative to cure such default, th� Owner or Owner's
Represeniative may, without prejudice to other remedies, cure such defaults. In such
case, a Ck�ange �rder shall be issuec� deducting the cast af eorrection from payments due
Contrac�or. If the default is not reasonably susceptible to cure by Contractar within the
fourteen (14) day period, �wner wzll not exercise the optian to tercninate this agreem�nt
sa lang as the Cantractor has cornmenced to cure the default witivn the fourteen (14) day
period and diligently complete the work within a reasonable tixn.e.
2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTIQN 1 AWARD SEPARATE CONTRACT
2.4{a). The Owner reserves the right to perfozax� canstruc#ian or operafians related to the
project with the Qwner's own forces, and to award separate contracts in connection with
other portions of the project.
�.4(b). The Owner sha11 require the Con�ractor to coordinate and cooperate with separate
contractozs employed by the Ownex�.
Z.4(c). The Owner shall require that costs by delaqs aX by impxoperly timed aciivi#ies ar
defective construction be borne by the party responsible therefor.
2.5 (c�) �f a defect occurs and if the Contractor does not cure the defeci timely according
to the contract pravisions the Owner may enter into a separate contract with a third paxty
Revised Jaz�uary 1, 2002
to cure their de�ect. The contractor then shall timely reimburse the Owner for the cost of
contraciing with ihe third party and the cost to cure the defeet.
Ax-ticle 3
RESaNSISILITIES OF THE CONTRACTOR
3.1 EXECUTION OF TFIE CONTRACT
E�ecution of the Contaract by the Cantractar is a representation thai the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal obsezvatia�ns with requir�ments of the Contract
Dacuments. �
3.2 REVIEW OF CONTRACT DOC[IMENTS AND FiELD COI�IDI'T10NS BY TAE CONT'RA,C'�`OR
The Cont�actor shall carefi�Ily sfud� and campar� the Contract Documents with each
other and with information furnished by the Owner. Before commencing activities, the
Contractor shall (1} take field measuxeam.ents and veri�y feld conditians; {2) carefully
campar� this and other informa�ian known to the Contractor with the Contraci
Docu�ents; and (3} pro�ptly report errors, ineonsistencies or oxr�issions discov�red ta
the �wner's Repxesentative.
3.3 ST7PERVISION t�ND CON5TRUCTYON PROCEDURES
3.3(a). The Cvntracfior shall supervise and direct th� Work, using Cantractor's best ski11
and attention. The Contractor shall be solely rEsponsibl� for and have control over
construction �eans, methods, �echtuques, sequences and procedures, and for coordinating
a11 portions of the Work.
3.3{b). The Contractor, as soon as practicable after award of the Contract, shall furnish in
writing tc� the Uwner through the Owner's Representative the names of subcontractors or
suppliers for eaoh portion of tha VVork. The Owner's Represe�iative will promptly reply
to �he Contractor in writing if the Owner or the Owner's Architect, a.fter due
investigation, has reasonable objection to the subcontractors or suppliers listed.
3.3(c). The Cont�ractor will comp�y wif.h Minority/Woman BusinEss Enterprise {M/WBE}
requirements as outlined in the "S�ecifications for Conshuctian of Single Family
Homes". The Owner has a mi�ixnum gaaJ o� �4D% a£ t�e dolla�t� v�lt�me of Yhe contract for
MWBE participaiion.
3.4 LASOR AND MATEItIALS
Unless atherwise provided i� the Contract Docurnents, the Contractor shall provide and
pay far labor, mate�ials, equipment, tools, utili�ies, transportation, and other facili�ies and
services necessary for proper execution az�d completaon o£ the Wark. The Contractor
shall deliver, handle, store, and install materials in accordance with manufact�trer's
instructions.
3.a WARRANTY
The Contracfor wa,�raa�ts to the Owner and Owner's Repres�ntativ� that: (1) materials and
equipment furnished under the Contract are new, unused and of good quality unless
otherwise required or permitted by the Contzact Documents; (2) the Work will be f�ee
from defects nofi inh�rent in the quality required or permittec�; (3) the Work wi�l conform
Re�ised January 1, 2Q02
to the requirements of the Contract Docum�ents and the Contractor s1na.1.1 provide a ten y�ar
warraz�ty. The ef�ective date v� the warranty is tl�e date of final closing,
3.6 TAXES
T'he Contractor shall pay sales, consumer, use and similar taxes that are legally requir�d
when the Contract is executed.
3.i INSLJRANCE
During the term of this contract azxd any extension thexeaf, contractor shall maintain an
insurance policy with the following coverage:
3.7 (a) Camme�cial Genera.l Liability Insurance of a minimum of $�,044,000.04 per
occurrence.
3.7 (b} Business Auio Liability Insuraxa�e of a minimum af $1,OQO,d00. d0 �ach accident.
3.7 {e) �tatutory Warkers' Compensaiion Insurance including employer's liability.
3.i {d} Builder's Risk Tnsurance ta cover the property in the course ofthe project (against
fire, hail, theft, etc. af materials and incornplete construction).
3.i (e) In addition, the City of Fort Worth and Fort Worth Hausing Finance Cozporat�on
shall be endorsed as an addi�ional zz�sured on all in�urance �alicies.
3.8 PERMITS, FEES AND NOTICES
3.8(a}. The Canfractar shall obta.in and pay for tha building permii and other permits and
government fees, licenses and inspections necessary for proper execution and cornpletion
of tk�e Wark.
3.�(b). The Contractor shall cflmply wi�h all requirement.� of agencies ha�ing jurisdictian
over the Work. If the ConYractor perfarrns �srork knovving it to be contrary to laws,
statutes, ordinances, building codes, and rules and regulations, the Contxaator shall
assume full responsibility for such Work azxd sha11 bear all cas�s. The Contractor shall
promptly no#ify the Architec�lOwner's Representative in writing of any knovvn
inconsistencies in the Contract Docu�nents with such governmenfal laws, rules and
regulation�.
3.9 �sE o� szTE
T'he Contractor shall confine operatior� at the site to areas pern�itted by law, ordinances,
perrnits, the Cantxact Documents and �he �w�ner.
310 Sus�'rTALS
The Cantractor sha11 promptly review, approve in writang �and subrnit to the Owner's
Represe�tative Shap Dra.wings, Praduct Data, Samples, and similar subinittals required
by the Coniract Documents. Shop Drawings, Product Data, Samples and simila�
submittals are not a part of the Contract Documents.
3.11 CUTTING AND PATCHING
The Cant�actor shall be responsible for cutting, fitting or patching required ta complete
the Work or to make its parts fit together properly.
3.1� CLEA1V�1vG Uri
The Conhractor shall keep the premises and surraunding area free from accurnulation of
debris and trash related to the Work.
F
4 Re�ised January 1, 2002
3.13 Il�mEM1v�ICATION
Contractar covenants and agrees � to and daes hereby indemnify, hold harmles� and
defend, at its awn expense, Qwner's Representative, its off cers, agents, servants and
employees, from and against � any and all claims or suiis for property loss or damage
and/or personal injury, including death, to any and all persons, of r�hatsoever kind or
character, whether real or asserted, arising out of or in connection with, directly or
indirectly, the work and seivices to be per�ozxz�ed hereunde:r by Contractox, its aff'icers,
agents, emplayees, subcontractors, licensees or invitees, whether ar not caused, in
whole or in part, bv the alleged negii�ence of the of�icers, a�ents, servants„
emnlov��s, contractors, subcontractflxs, lic�nsees and invitees of the Owner's
Reuresentative; and said Contractar does hereby cavenant and agree to assume all
liability and responsibility of Owner, Owner's Representative, ifs officers, agents,
servazrts and employees far any and�all claims or suits for prop�rty loss or damage and/or
personal injury, including death, to any and aIl persons, of whatsoever kind or character,
whether real or asserted, arising out of oz in cannection with, directly or indirectly, the
work and services ta be p�rfarm�d hereunder by Contractor, i�s officers, agents,
employees, subcontractors, licensees or invi�ees, whether or n►ot c�used. in whale ar in
par� bv' the alle�ed ne�li�ence of the oificers, a�ents. servan�s, emnloveesS
contractors, snbcontractors, licensees and invitees of the Owner's Reuresentative.
Contractor likewise cove�ants and agrees to, and does ber�by, indemni�y and hold
harmless Owner's Representative from a�nd against any and all injurie�, damage, loss or
destruetion to property of Owz�ex's Representative during the performance of any of the
ferms and conditions of this Contract, whether axisin� out of or in connection with or
resulting from, in whole or in nari, anv ax►d all alle�ed acts or amissians afficers,
a�ents, servants, employees, contractors, subcontractors, licensees, invitees of
Owner's Reuresentative.
ArticIe 4
OWNER'� REPR.ESENTAT'�VE RESP�NSISILITIES
4.1 Th� Owner's Representative will visit the site at intervals appropriate to the stage of
construction to becairi.e ger�ez�ally fax�ailiar with the progress and quality of the Work.
4.� The Owner's Representative does not have contral over nor is in charge of or
responsible for construction means, methods, techniques, sequences or procedures, or �or
safety precautiaz�s and programs in cannection with the Work, since these are solely the
Contractor's respansibility. The Owner's Representative wi11 not be responsible for �he
Cantractor's fail�re ta caarry out the Work in accordance with tihe Contract Documents.
�.3 The Owner's Representati�e sha11 have the authority to reject Work that does not
confonn to the Contract Docurnents.
4.4 The Owner's Represez�tative's duties, responsibilities and limits of authority as
d�scribed in the Contract Documents will not be changed withou� written consent af the
Owner.
4.� Based on the Owner's Representative's observatians an.d evaluat;tons of the
Contractor's Application far Payment, the Qvvner's R�presentative will ra�iew and
certify the arnounts due the Contractor.;
Revise@ January 1, 2002
4.5 The Owner's Representative will promptly review and approve oz take appropriate
actions upon Contractar's submittals such as Shop Drawings, Product Data and Samples,
but anly for the limited purpose of checking for conformance with information given and
ihe design concept expressed in the Contract Docurnents.
4.'i The Owner's 'Reprasentative will promptly interpret and decide mat�ers concerning
performance under any rec�uu-ements of �e Cantract Docun�ents on written request of
either the Owner or ContY'actor.
4.S The Owner's Representative can require additional testing if necessary via minor
change order as provided in Section 6.2.
4.9 Interpretations and decisions of the Owner's Represez�tatzve will be consistent with
the intent of and reasonably inferable fram the Contract Documents and wi11 be in writing
or in the form of drawings. When making such interpretations and decisions, the
Owner's Representative will endeavox to �ecure faithful performance by boih Owner and
Contzactor, will na� shaw partiality to either and will not be liable for results o�
interpretaiions or decisions so rendered in goad fa.ith.
Article �
TE�TING AND INSPECTIDNS
�.1 Tests, insp�ctions and approvals of portions of the Work required by the Cantract
Documents or by Iaws, ordinances, rules, regulations or orders of public authorities
having jurisc�ictian shall b� made at an appropriafe tirne. If the Owrxer's Representative
requires additianal testing, the Contractar shall per%rm xhese tests.
�.� The Ownc�r shall pay for addit�onai ?�sts �X(:�i �OT testing Work found to be
defective fox which the Cantractor shall pay.
Article 6
C`HAl�TGES Il�T THE WORK
6.1 After execution of the Contract, changes in the Work may be accornplished by
Change Order or by arder �or a rninor change in the Work. The Owner, wi#hout
invalida�ing the Coniract, may order changes in the Work within general scape af �the
Contract consis�ing of additions, deletions ar other revisions, the Contract Sum and
Con.tract Time being adjusted accordingly.
6.2 The Owner's Representative will hava the authority to arder minor changes in. tl�e
Work not involving �hanges in the Conirac# Sum or the Contract Time a.nd inconsistent
with the inient of the Contract Dacuments. �uch changes. shall be written orders and
sball be bin.ding on the Owner and Cantractor. 'T`�ie Contractnx shall carry aut such
written orders promptly. ,
Revised 7anuary 1, 2002
6.3 If conceaied or unknown physical conditions are encountered at the site that differ
rnaieriall�r froxn those indicated in ihe Contract Documents or fro�n thQse conditions
ordinarily faund to exist, the Contract Sum and Contract Tizx�.e shali be subject to
equitable adjustment.
Art�cle 7
�'C_�RRECTION OF WORK
'�.1 The Contractor s�all promptly carrect Work rejected by the Owner's Representative
because of iailure to canform io ihe require�nents of the Contract Documents. 5uch
failure constitutes a default and is subject to the pra�crisions in Section 2.3. The
Contrac�or shall bear the cost of correcting such rejected Wark.
7.Z Ix�. addit�on to the Contractor's other obligations including warranties under the
Confiract, tY1e Contractor shall, for a period of one year after Substantial Completion,
correct work not cox�.fonning ta the requirements of the Contract Documents.
'�.3 Tf the Contractor fails to cure the default in accordance with Section 2.3, Owner may
cure it and the Contractor shall reimburse the Owner for the cast o� correctian.
Ar�cle $
TIlVI�
8..1 Time limiis stafed �izx the Contract Doeuments are of the essence of the Cantract.
8.� �f ihe work is delayed a� any time by change. orders, labor disputes, fire, unusual
delay in deliverzes, una�oidable casualties or other causes beyond the Cantractor's
control, the Contract Time shall be extended by Change Order for such reasonable tiaze
as the Owner's Representative may determine.
Article 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
The Contract �um stated in the Cantract, including authorized adjustmenfs, is the total
amount payable by the Owner to the Contractor for perfarmance o� �he Work uuder the
:Revised .Yanuary f, 2UO2
Contract Docurnents. A 10% retainage will be required for all project� exceeding
$4000.00.
9.� APPLTCATTONS FOR PAYMENT
9.2{a). At least ten (10) days before the date established for each progress payrnent, the
Contractor shall submit ta the Owner's Representative an itemized "Applicatzon foz'
Payment" for operations completed in accordance with the values stated in the Cantract.
Such application sha11 be supparted by data substantiating the Contracior's right �fl
payment as the Owncr or Ow°ner's Representative may reasonably require and xeflecting
retainage if provided for elsewhere in the Cantract Documents.
9.2(b). The Cantractor warrants that title to all Work covered bp an Application far
Paymeni will pass to the �wner no later than the time of payment. T'he Contracior
fi�her wa,rrants that upon submittal of an Application for Payment, all Wox� %r which
Certificates for Payment have been pxevjiausly iss�zed and payments received fram the
�w�ze�r shall, �o the best af the Contractor's knowledge, information and belief, be free
and clear of liens, claims, securiiy interests ar other encumbrances adv�rse to the Own�r's
interests.
9.�(c). The Owner's Representative will, within s�ven days after receip� of the
Cantractor's Application for Payment, either is�ue to ihe Owner a Reques� fox Payment,
with a copy io the Contractor, for such amount as the O�rner's Representative determines
is pxoperly due, ar notify the Contractor and Owner in writing of the Ownez's
Representative's reasons for recommezzding to �wner that payment b� withheld..
9.3 PRUGRESS PA"YMENTS
9.3(a). After the Owner's Representative has issued a Request �or Payment, the Owner
Ghall make payment based on a Percen�ag� of Completion schedulc provided to the
�wner by th� Coniractor. This schedule raquires mutual agreement evidenced by
signatures representing "both" parties, wluch shall become a part o� this Contraat.
9.3(b). Upon receipt oi payment fram the Owner tk�e Contractor shall promptly pay each
subcontractor and �nnaterial supplier, out of the arr�ount paid to the Contracior based on the
work comple�ed.
9.3{c}. Neither the Owner or the Owner's Representative shall have the responsibility fo�
the payment of money to subcontractors or material s�tppliers.
9.3(d). A Request �ox Payment, progress payment, or paz�tzal oz' entire use ar occupancy
of the project by the Owner shall not canstitute acceptaxice o�Work performed if it is not
in accordance r�vith tl�e requirernents of the Contract Docuinents.
9.4 FINAL COMPLETION AND FINAL PAY1Vi�NT
9.4(a). Upon receipt of a final Application for Payment with a11 required documents, the
Owner's Representative will inspect ihe Work. When the �wner's Represen�.tive finds
Revised J'anuary t, 2002
�he Wark acc�ptable and the Contract fully performed, the Owner's Representative will
promptly issue a final Request for Paymez�t.
9.4(b). Fina.l payment 5ha11 not become due until the Contractor submitis ta �he Own�r's
Representative releases and waivers o� liens, and data e�videneing saiisfaction of all
obligations, such as reoeipts, claims, security interests or encu�nbrances arising out of the
Contraci and any other documents, certificates, suzveys or warranties r�quired by
Contract Docuznents.
9.4(c). Acceptance of final payment by the Contractor, a subcontractor or a material
supplier shall constitute a waiver of clairns by that payee except tl�ose pre�iously xnade in
writing and identified by that payee as unsettled at the time of final Application for
P aymen#.
Axt�cle ] U
SAFETY PRECAUTIONS AND PROGRAMS
10.1 The Contractoz shall be responsible for initiating, mainiai�ing, and supervising a11
safety preeauiions and programs, including all those required by law an connectian wi�h
perforinanee of the Contract. The Contracfor sha11 pramptly rem��y loss and damage to
property caus�d in whole or in part by the Contractor, a subcontracior, anyone di�rec�ly or
indirectly employed by them or anyone fa�r whose acts they may be liabl�.
Article 11
TERIVIYNATION OF THE CONTRACT
1L1 TERNIINATION BY THE CONTRACTOR
If the Owner fails to nnake payments when due or breaches any other terms of this
Contract, the Contractar may terminate the Contract, upon written notice to the Owner,
and recover from the Owner payzxient far Work executed ai2d for proven lass u�ith respect
to materials, equipment, tools, construction equipment and machinezy, including
reasonable overhead.
I1.� T�RNiINA'TTON BY THE OWNER
1L�(a). The Owner or the Owner's Representative upon written co�sent fram Owner,
may terminate �he Contract if ihe Contractor:
1. cox�sisten�ly, persi�tenily or repeatedly refuses or fails to supply enough
properly skilled workers ar proper materials,
2. fails to make payments to subcanfirac�ors for materiais or labor in
acca�dance with the respective agreernents between the Contractar �nd the
subcontractors;
3. violates federal, state or locallaws, ordinances, rules, regulations or orde�rs
of a public authority having jurisdiction; or
9�. is o�herwise in b�each of a provision of the Cantract Documents.
9 Revised 7anuary ,I, 2002
11.�(I�). When any of the above reasons exist, the Owner, after cansultation with the
Owner's Representative, may without prejudice to any ather rights or remedies of the
Owner and after giving the Cantractc�r and Contractor's surety, if any, �+ritten natice,
terminate the �mployment of the Coniractor and may:
1. take possession a£ the site and of a11 materials thereon owned by the
Contractor;
2. finish the Work by wh,atever reasonable m�ans or method the Owner may
deern expedient.
11.2{c ). When the Owne�r ar Ow:aer's R�presentative terminates ihe Contract for one of
�he reasons listed in 11.2(a), the Contractor shall not be entitled ta receive further
payment until a11 the Work is completed and accepted.
11.�(d). If the urxpaid balance of the Coniract Sum exceeds costs to finish the Work, such
excess shall be paid to the Contxactor. If such costs exceed the unpaid balance, the
Contractor shall pay the difference to the Owner. This obligation far paymenfi shall
survive termination of the Contract.
Article 12
A3SIGNS
12.1 This Contract may not he asszgned by either party
Article 13
GOVERNING LAW
13.1 This Contract shall be gaverned by and constn�ed in accordance with the laws of the
State of Texas.
ArticIe 14
PERFORIVIANCE OF CONTRACT
14.1 The obligatians under the terms of the contract are perforxnable in Tarrant County,
Texas.
Article 1 �
VENUE
�.�.� The parties hereto heraby eonsent fhat venue of any ac#ion braught undez� this
Contract sha11 be in Tarrant County, Te�as.
10 Revised January 1, 2002
Article 16
SEVERABILITY
l�i.x i.�' one ar moxe o�'the prvviszons of this Contract is held �izzvalid, uz�.enfarceable or
illegal in any respect, the rernainc�er af the Contract shall remain valid and in full force
and effect.
IN WITNES� WHEREOF, fbe parties her�to have executed this Contract in Fort Worth,
Tarrant County, Texas, this (�,� day of �� �� u�p �'� , A.D. 2003 .
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����r��� �u�h°�������� For ity of Fort Worth Housing
Deparhneni as Owner's Representative
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APPROVED AS T4 FORM AND
LEG LIT'Y �'
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Assist City A . rney
AnnE�vu� #1
A mi.nirnum of �ive (Sj inspectians is required.
(1} FII2ST REQUIRED INSPECTION
Fouz�.dation- No concrete shall be placed without the steel, poly, plumbing and beams
inspection. After ins�ection is complet�d and the slab is paured the contractar will
receive the first draw in the amount of 18% of the contract price.
I1
Revised 7anuaiy 1, 2002
(2) SECOND REQUIRED IliTSPECTION
Framing- After the house has been ft�amed, deckecl, co�nice instialled, window ins#allation,
roafing and siding is completad. The cantractar will receive the second c�raw in the
amount of 1 S% of ihe contract price.
(3} THIRD REQUIRED TNSPECTYOl�T
An inspectio� is required after the brick, electrical rough in, plumbing top-out, hvac
raugh in and the wall insulation is completed (prior to ins�allation of drywall). Contractor
will receive the third draw in the amoumt of 18% ofihe contract price.
(4) FOURTH REQUIRED INSPECTr01�
An inspection is required after the installation of the drywall, tape/ bedl texture, iriln-out,
interior and exteriar paint, floor coverings, cabinets and counter tops and the plumbing
trrim out is completed. The contractor will receive the fourth draw iz� the amount oi 1 S°/n
of the cant�act price.
{S} FIFTH REQUIRED INSPEC'T�ON
Final inspeetion- All finish work completed. Drive and approach, grading, electrical,
hvac, attic insuiation and the Building card has been cozn.pletely signed off as being
conaplete. The cantractar will receive the fifth draw in th� amorznt of 1$°/a of the contrac�
price.
RETAINAGE
The 1 Q% retainage will be releaseti a�%r cornp9etion of f.�ie punch list and installation of
�he a.ppliances.
Cantractor sball give Owner's repre5entative a five (5) day notice to schedule the required
inspections.
.A,DDEI�TDUIVI #�
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 (e) CONSTRUCTION DRAWS
Progress payment shall coincide with th� five (5) raquired inspec�ions.
I2 Revised January 1, 2002
ADDEIl�DUIVI #3
PROPERTY: 1825 Carver Avenue
Fort Worth, Texas
The follawing items are ta be included in the contract for cons�iciion:
�ite prep and dirt work
Driveway ( including 10'-0" x 20'-0" parkirtg pad)
Curb cut
Appraach
Water and sewer lines from tap to house
Cast includes termite certificate
2-10 Home Buyers Warranty
Compliance with curren� Model Energy Code
18 Foot Cubic Refrigerator w/icemakcr
Two ceiling fans
4". ofTop Soil
ADDENDUM #4
URDINANCE 1�T0. 14171
AN ORDIAI�TCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (1986) AS AMENDED, BY THE ADDITION
OF SECTIQl�T 7-54 ENTITLED ��ACCESSISILiTY STANDARD
FOR CERTAIN CITY ASSYSTED HOUSING CONSTRUCTION
PROGRAM5a' REQUIRING CERTAIN BUILDING STANDARDS
IN CITY ASSISTED HOUSTNG PROGRA1ViS TO PRO'V7DE
BASIC ACCESS TO PERSONS WITH DISABLITIES; PROVIDING
THAT THIS ORDIllTANCE SHALL EE CUMCJLATIVE OF QTHER
ORDINANCES; PROVIDING A SEVERAB�LITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREA5, person with disabilfties and their unmediat� families are often
isolafed in their own hoxjaes because fhe homes of their aequainianc�s contain
insurmountabl� barriers, and often experience difficulty in finding a suitable house io rent
or buy; and
WHEREAS, certain fea�res in housing construction �nake new houses more
accessible and livable for persoz�s with disabili�ies and thus enhance the quality of lif� for
these persons.
WHEREAS, the City af Fort Worth is committed to provide accessibility to persons
with disabilities through its housing pragrams.
13 Revised Janu�ary 1, �OU2
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCTL OF THE
CITY OF FQRT WORTH, TEXAS:
SECTIOl� 1.
This ardinance is tv require ce�rtain standards in the canstruction of new single fasnily
dwellings, duplexes and triplexes that are constructed with city assistance as
SECTION 2, to make hous�s mare accessiblE for persons wi�h disabilities.
SECTION �.
Tbe follawing reqwirements shall be applicab�e �o the construction of new singie- fainily
dwelling, dupl�xes, and triplexes ("Applicable Dwelling Umits"), with city assisfance.
Fo� purpose of this ordinance, "city assistar�ce" shall mean funds for the construction of
Applicable Dwell�ng Units iun a�d city-fiinded pxogiram, wifh the funding saurce of
CDBG, HOME or any other federal, state or local housing pragrams.
SECTION 3.
The following design requiremer�t� �hall appl�r:
Requirement 1. Building Entrazxce
Applicable Dwelling Units must provide at least one building entrance on an accessible
route served by a no- step entranc� or a ramp in compliance with the CABOIANSI�
A117.1, Accessible and Usable Build.ings and Facilities Standaxd, as adopted by the Fort
Worth Building CodE ("Acc�ssibility Sta.ndard") and having a rnaximum s�ope nat ta
exceed one in twel�e (1:12); unless it is impractical to do so because of terrain or unusual
characteristics of the site as determined by a City af k'art Worth b�ilding official (yiCity
building Official") upon review of ihe written requast set forth in SECTION 4. The
building entrance davrs shall comply with the Accessibility Star�daxd az�d shall have a
minirnum clear opening of 32 inches. The entrance may be at the frflnt, side or back of a
dwelling as lon.g as it is served by an accessible route such as a garage or sidewalk.
Reqni�rement 2. Interior doors.
All Applicable Dwelling Units, whether or not on an accessihle route, �ha11 provide doors
designcd ta allow sufficierit width for the passage o� whee�chai.rs. Except thase serving
closets less than 15 square feet in area, interior doars within an Applicable Dwelling Unit
must provide a minimum af30" clear opening. A 2'8" doar ar standard 6'0 sliding patio
door assembly is deemed sufficient ta comply with this requirement, provided hawever,
coznpliance with rec�uirements on Maneuvering Clearance at Doors in ihe Accessibility
Standard shall not be mandatory.
Requirement 3. Accessible routes irnto and thraugl� the Applicable Dwelling U:n.i.t.
An Applicable Dwe�ling Unzt must provide as accessible route thraugh the hallways and
passageways of the first floor of th� unit. Furth�r, ihe accessible route must provide a,
l. 4 Revised January I, 2042
minirnum of width of 36", except tkarough doors, and be 1eve1 with ramped or beveled
chaxiges at.door thresholds.
Requirement 4. Wall reinforcement in bathraozn�.
Reinforcement in the walls shall be provided at designated locations as specified by th�
Accessihility Standard, so that grab bars may be installed, if needed, at a later date
without the necessity ofremoving portions of the existing wall,
Requi.rement 5. Light switches, electrical ouilets, thermostats a.n.d o�her environmental
contrals.
All Applicable Dwelling Units sha11 b� designed and constructed ta contaain light
switches, electrical ou�lets, the:rmastats and other cantrols in compliance with the
requirement af the Accessibility Standard. Where rnultiple controls serve the same
elements (e.g., twa z'emote switche� for a light) only one must be acc�ssible.
SECTIQN 4.
SEC�'ZON 3 Requirement 1{Building Entrances) may be waived by the Building Official
when in his/her opinion, due to g�rade or site condinons ("Conditions"}, access by ramp is
unattainable. A�erson requesting said waiver sha.11 fiie a written request ("Request")
with the Gity Br�ilding Qfficial. at the City of Fort Worth Development Depar�ment and
include all docum�nts necessary to prove �he e�istence of the Conditions. The
Rec�uest sha11 demaxxstrate that the Conditions on the site render it irnpassibXe to comp�y
wi#h the requirement for exterior accessibiliiy in this ordinartce. Within 10 calendar days
from the xeceipt of a completed Request, the City Building O�F'icial shall render a written
deeision. A copy of the decisian shall be filed in the official records of the
Develapznen:t Department. Appeals to the City Building Official's decision shall be made
to the Construction and Fire Prevention Board in accordance with Section 7-47 of t�e
City Code.
�ECTIOIiT 5.
This ordinance sha11 b� eumulative o£ all provisions of ordinances and of the Code of
the Cz�y of Fort Worth, Texas (198�), as amended, except where the pzovisions of this
Ordinance ar� in direct canflict with the provisions of such ordinanees and such Code, in
which event conflicting provisions of such ordinances and such Code a.re hereby repealed.
SECT�ON 6.
Tt is hereby declared to be the intentian of the City Council that the sections, paragraphs,
sentences, clauses and �hrases af this ordinance are severa.ble, az�d if any phrases, clause,
sentences, paragraph ar section of this ordinance shall be declared unconstitutianal by the
valid judgrnent or decree af any caurt of competent jurisdicfion, �uch unconstitutionality
shall nat affect any of the remaining phrases, clauses, sentences, paragraphs and sectians
of this ordinance, since the same waul.d �.ave been enacted by the City Council without
15 Revised 7anuary 1, 2Q02
the incarporation in this ordinance of any such uncanstitu�ional pht'ase, clause, sentence,
paragraph or section.
SECTIOl�T i.
This ordinance shall take effect and be in full �orce and e�fect from and after the date o�
its passage, and it is so ordained.
�.fi Revised 7abuary 1, 2002