HomeMy WebLinkAboutContract 27865 (2)CI�Y S�GR�`�i��Y
CONTRAC`f NO.
REPLACEMENT HOUSiNG CONTRUCTION C�NTRACT COMMUN�TY
BLOCK GRANT FUNDING
This COI�TSTRUCTION CONTRACT ("Contract") is made between Kathleen 7ones
{"Owner") a�d SOP Builders ("Coniractor"), 8`�' Day af Jul�, 2002 for the purpose of
consttucting ONE single iamu.ly dwelling (s) on a lot(s) pzovided by the "�wnez" within
the Corporate limits of Fort Worth, TX.
�'The Iot site address is: If300 C�reenfield Ave.
*Its legai description is: Lot 11, BIock 5, Greenway Piace Addition
*Aktach an Addendum for multiple units conshucted.
The Owner shall compensate the Contractar a tatal sum of $61,307.Op Sixtv One
Thousand Three Hundred Seven Dollars and No/100.
Payment shall be made in accardance wztb� Article 9 ofi this Contract Plan Na.2S- D11ll9
The date of Commencem�nt shall b�; Au,�ust 9, 20Q2 with a Completion date not to
exceed 120 Calandar Days ("Coniract Time").
Owner and Contractar hez-eby agree to the following:
TERIIZS Al�D COlYDITION5
ArticIe 1
GENERAL PROVISIONS
1.1 TERMS USED IN THE CONTRACT
1.1(a). This Contract, the Plans anci Specifications for Construction of this �ingle Family
Home represent the eniire and integratad agreement between the partics and are together
referred to as "Contract Dacuments".
1.I (b). The term "Work" shall mean the construction and services required includin� aIl
labor, rnaterials, equipmeni and services provided by the Contractor to fulfill the
Contra�tor's obligations and responsihilities under the Contract Documents.
1.1(c). The ierm Owner's Representative shall mean the City of Fort Worth Housing
Departrnent which provides adrninistration of the Cantract as described in the Contract
Documents. The Owncr's Representative will have the authority to act on behalf of the
Owner to the extent provided in the Contract Documents.
1.1(d). This Contract may be amended or modif�ed ONLY by a mut�ally agreed written
modii'icatian in the farm of a Change Order. A Chaz�ge Oarder shall be a written oxder to
the Coniractor signed by the Owner ar Qwn�r's Representative to change the Work;
Revised Janua� y 1,; 2O�2, �
�a��
�
Contract ,Sum or Contract Time. A change order is a part af this Contract and the
Contract Documents.
11(e). The exhibits and attached addendums together with the change orders are a part of
this contract and binding on all parties. Those itexns include, l�ut are not lirnited to,
Change Orders, Contractar's Application and Certificate for Payment, Contractor's
Affidavit of Payment of Debts and Claims, and the Certiticate of Substaniial Cornpletion,
Drawings, and �peczfications.
Artiele 2
RESPONS�BILITIES UF THE OWNER
2.1 INFORMATION AND SERYICES
2.1(a). If requested by the Contractar, the Owner shall furnish a.nd pay for a survey and a
legal description of the site.
�.1(b). Exeept for permits and fees, which are the re�ponsibility of the Contractar under
the Contract Documents, the Owner shail obtain and pay for necessary approvals,
easements, assessrnents and charges.
2.2 OWNER'S RIGHT TO STOP WORK
If the Cantractor fails to comply with the Confract terms, the Owner or the Owner's
Reprasentative may direct the Contractor in writing fa stap �he Work until the correction
is made.
2.3 OWNER'S RIGHT TO CARRY OUT TH� WORK
If the Contractor defaults or neglects to carry aut the Work in accordance with the
Contract Documents and fails within fourteen days (14} from the date of written notice
from the Qwner o� Owner's Representative to cure such defauli, the Owner or Owi�er's
Representative may, without prejudice to oiher remedies, cure such deiaults. In such
case, a Change Order shall be issucd deducting the cost of correction from payments due
Cont�ractor, If the default is not reasonably susceptible to cure by Contractor within ihe
faurteen (14) day period, Owner will not exercise the option ta tennulate ihis agreement
so long as the Contractor has commenced ta cure the default within the fourteen (14) day
period and diligently complete the work within a reasonable time,
2.4 OWNER'S RIGFIT TO PERFORM CONSTRUCTION / AWARD SEl'ARATE CONTRACT
2 Revised January 1, 2002
�.4(a). Tha Owner reserves the right to perform con�truction or operations related to the
praject with the Owner's own forces, and io awa�rd separate canfiracts in cannaciion with
other part�ons of the project.
�.4(b). The Owner shall require the Contrac�or to coorc�inate and cooperate with separate
contractors employed by the 4wn�r.
2.4(c). The Owner shall require that costs by delays ar by improperly timed activiiies or
defective construction be borne by the party responsible therefor.
2.� {d) I£ a defect occurs and if the Contractor does not cure the defect timely according
ta the contract provisions the Owner may enter inio a separate contract wifih a tk�ird party
to cure their defeci. The contractor then shall timely reimburse the Qwner for tha cost of
cantaracting with the third party and the cost to cure the defect.
Article �
RESONSIBILITIES OF THE CONTRACTOR
3.1 EI�CUTION OF THE CONTRACT
Executian a�' ibe Contract by the Contractor is a representation that the Cvntractor has
visited tha site, become familiar with lacal canditions under which the Wark is to be
gerformed and correlated personal observations with requirements of the Contract
Documents.
3.2 REVIEW OF CONTRACT DOCUMLN'FS AND FIELD CONDIT�ONS BY THE CONTRACTOR
The Contracto�r shall carefully atudy a�nd compare the Contract Documents with each
other and wiih information furnished by the Owner. Before commencing activities, the
Contractar shall (1) take field measurements and verify field conditians; (2) care�ully
compare this and other information laiawn to the Contractor with the Contract
Documents; and (3) promptly repart errars, inconsistencies or omissions discovered to the
Owner's Representative.
3.3 SUPERVISION AND CONSTRUCTY4N 1'ROCEDU12E5
3,3(a). The Contractor shall supervise and direct the Work, using Contractor's best skiil
and attention. The Contractor shall be solely respansible for and have con.trol aver
construction means, methods, teehniques, sequences and procedures, and for caordinating
all portions of the Wark.
3.3(b). The Contractor, as soon as praciicable after award of the Contract, shall furnish in
vwriting to the Owner through the Owner's Representative the narnes of subcontracto�s or
suppliers for each portion of the Work. The Qwner's R�presentative will promptly reply
to the Contractor in writing if tha Owner or the Owner's Architect, after due
investigation, has reasonable objection ta the subcontractors ar suppliers listed.
Revised Januaiy 1, 20Q2
3.3(c). The Contractvr will comply with Minority/Woman Business E�terprise (M/WBE)
requirements as outlined in the "Specifications for Construction of �ingIe Family
Homes". The Ownez' has a minimum goal of 40°/n af the dollar volume of the contract �ox
MWBE participation.
3.4 LABOR AND MATERIALS
Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, utilities, transportation, and other faciliiies and
services necessary far praper execution and campletion af the Work. The Contractaz
shall deliver, handle, store, and install materials in accordance with manufacturer's
instructions.
3.5 WARItANTY
The Coniractor warrants to the Owner and Owner's Representative that: {1} materials and
equipment fumished under the Contract are new, unused and of good quality unless
otherwise required or perrnitted by the Cantract Documents; (2) the Work will be free
fram de�ects not inherent in the qualiiy r�quired ar permitted; {3) the Work will conform
to the requirements of the Contract Documents and the Contractor shall provide a ten year
warranty. The effective data of the warranty is the date of final closing.
3.6 TAXES
The Cantractor shall pay sales, consumer, use and similar iaxes ihat are legally required
when the Contract is �xecuted.
3.� INSiIRANCE
During the term of this contract and any extension ibereof, contractar shall maintain an
insurance policy with the follawing cove�age:
3.7 (a) Colnmercial Gen�ral Liability Insurance of a minimum of $1,aoa,000.00 per
occurrence.
3,'% (b} Susin�ss Auto Liability Insurance of a minimum of $1,040,0OO.OQ each accident.
3.7 (e} Stalutory Workers' Campensation Insuranc� including employer's liability.
3.7 (d} Builder's Risk Insurance to cover the property in tbe course of the project (against
fre, hail, thefi, etc. afmaterials and incomplete construction).
3.i (e) In addition, the City of Fort Worth and Fort Warth Housing Finance Corporation
shall be endorsec� as an additzonal insured on aIl insurance policics.
3.8 PERNIITS, FEES AND NOTICES
3.�{a}. The Contractor shall obt�in and pay for the building permit and other permits and
go�ernment fees, licenses and inspections necessary far proper execution and completion
of the Work.
3.�{b). The Contractor sha11 comply wiih aIl requirements of agencies having jurisdiction
aver the Wark. If the Confractor performs work knowing it to b� contrary to Iaws,
4 Revised Jauuary 1, 2002
statutes, ordinances, building codes, and rules and regulations, the Contractar sha.11
assume full responsibility for such Work and shall bear a11 cosis. The Contractor sh.all
promptly notify the Architec�lOwner's Representative in writing of any knovwn
incansistencies in the Contract Documents with such governmental Iaws, zules and
regulations.
3.9 US�E OF SITE
The Contractor shall confule operations at the site to a�'eas permitted by Iaw, ordinances,
permits, the Contract Docurnents and th� Owner,
3.10 SUB�TTAr,S
The Contractor shall promptly review, approv� in writing and submit to the Owner's
Representati�ve Shop Drawings, Product Data, Samples, and similar submittals required
by the Cantract Documents. Shop Drawings, Product Data, Samples and sirnilar
submittals are not a part of the Contract Documents.
3.11 CUTTING AND PATCHING
The Contractor shall be respansible for cutting, fitting or patching required ta camplata
the Wark or to make its parts fit toget�ier properly.
31� CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation af
debris and irash related to the Work.
3.13 INDEMNIFICATION
Cantractor covenanis and agrees to and does hereby inde�nnify, hold harmless and
defend, at its own expense, Owner's Representative, its officers, agent�, servants a,nd
employees, from and against any and all claims or surts for property loss or damage
and/or personal injwry, inc�uding death, to any and all persons, of whatsoever kind ox
character, whether real or asserted, arising out of or in connectian with, directly or
indirectly, the work and services to be perfoz�ned hereunder by Contractor, its officers,
ag�nts, employees, subcontractors, licensees ar invitees, whether or not caused, in
whole or in p�rt, bv the alleged ne�Iigenc� of the officers, a�enxs, servants,
emplovees, coutractors, subcontractors, liceusees a�nd invitees of the Owner's
Reuresentative; and said Cantractor daes hereby covenant and agree �o assume all
Iiability and responsibility of Owner, Owner's Representaiive, its officers, agenfis,
servants and employees for any and all claims or suit� for property Ioss or damage ancUor
personal injury, including death, to any and all pers�ns, o£ whatsoever kind ar character,
whether real or asserted, arising out of or ir� conn�ction with, directly or indirectly, the
work and servic�s to be perfartned hereunder by Contractor, its officers, agents,
employees, subcontraetars, licensees or invitees, whether or not caused, in whole or in
�aart, bv the alleged ne�ligence of the officers, agents, servants, employees,
contractars, subcontractors, lieensees and invitees of the Owner's Representative.
Contractor likewise covenants and agrees to, axid does hereby, indernnify and hold
harmless Owner's Representative fram and against any and all injuries, damage, loss ar
5 Re�+iseci January 1, 2002
destruction to property af Owner's Representative during the performance of any oi the
tertns and conditions o� f3�is Confiract, whether arisin� out of ar in connectian with ar
resultin� from, in whole or iun uart. anv and all alIe�ed acts or omissions afficers,
a�ents, �ervants. emnlovees, contractors, subcontractors, licensees. invitees of
Owner's Representative.
Article �
OWNER'S REPRESENTATIVE RESP�NSIBILITIES
4.1 The Owner's Representative will visit the site at intervals appropriaie ta the stage of
construction to become generally farniliar with the progress and quality a�the Worlt.
4.2 The Owner's Representative does not have control over nar is in charge of or
responsible for constnxction means, methods, techniques, sequences or procedures, or for
saFety precautions and programs in connection with the Work, sinc� these are solely the
Cantractor's respansibility. The Owner's Rep�'esenfativa will not be responsible for the
Coniractor's failure ta carry out the Woxk in accordance with the Contrac� Documents.
4.3 The Owr�er's Representative shall have the authority ta re�ect Work that does not
aonform to the Contract Documents.
4.4 The Owner's Representative's du�ies, responsibilities and limits of auihoriry as
describEd in the Contract Documents will not be cha�ged without written consent of the
Owner.
4.5 Based an tbe �wner's Representative's observations and evaluations of �he
Cantractor's Application far Payment, the Owner's Representative will revievv and certify
the amau.nts due the Contractor.
4.6 The Owner's Representative will promptly reviec,v and approve or taka appropriate
actions upon Cantractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited puxpose of checking far conformance with information �iven and
the design concept expressed in the Coniract Documents.
4.7 The Owner's Representative will promptly interpret and decide uiatters concerning
performance under any requirements of the Contract Dacuments on written request of
either the Owner or Contractor.
4.8 The Owner's Reparesentative can require additional iesting if necess�ry via minox
change order as pravid�d in Section 6.2.
49 Interpretations and decisions o�' th� Owner's Representative will be consistent with
the intent of and reasonably inferable fram the Contract Dacuznents and will b� in writing
6 Revised January 1, 2Q02
or in the form of drawings. When making such interpreiations and decisions, the
Owner's Representative will endeavor to secure iaithful perfarmance by hoth Owner and
Cantractor, wi11 not show partiality to either and will not be liable for results of
interpretations or decisions so rendered in good faith.
Article �
TE�TING AND INSPECTIONS
5.1 Tests, inspections and approvals af portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or arders of public authorities
having jurisdictian shall be rnade at an appropriate time. If the Owner's Representative
requires additional testing, the Contractor shall perforrn these tesis.
�.� The Owner shall pay for additional tests except for testing Work found to be
defective for which the Contractar shall pay.
Article G
CHANGES IN THE WORK
6.1 After executian of the Coniraci, changes in the Work may be accomp�ished by
Change Order or by order for a minar change in the Work. The Owner, without
invalidating the Cflntract, may order changes in the Work within general scope of the
Contract consisting of additions, deletions or other revisions, fihe Contrac# �um and
Contract Time being adjusted accordingly.
6.2 The Owner's Representative will have the a�f.hority to ord�r rninar changes in the
Wark not in�olving changes in the Coniract Sum or the Coniract Time and i.nconsistent
with the intent of ihe Contract Documents. Such cha.�ges shall be written orders and shall
be binding on the Owner and Contraetor. The Contractor shall carry out such wz'itten
Qrders promptiy.
6.3 �f concealed or unknown physical conditions are encountered at the s ite that di£fer
materially fram those indicated in the Cont�act Documents or from ihose conditions
ardinarily found to exist, the Contraci Sum and Contract Time shall be subject to
equitable adjustment.
Article '7
7 Revised �anuary I, �042
, 1 i � �����►��7 ��i�L!] �7 ►/
i1 The Contractor shall pramptly correct Work rejected by the Owner's Representative
because of failure to confarm to the requirements of the Contract Documents. Such
failure constitutes a defauit and is suhject to the provisions in Section 2.3. The
Contractor shall bear the cost of correcting such rej ected V4'ork.
'�.� Tn addition to the Contractor's other abligations including warraniies un.der the
Contract, the Contractor shall, %r a period of ane year after Subsfiaz�txal Completion,
correct wark not conforming to the requirements of the Coniracti Dacuments.
7.3 If tkae Caniractor fails to cure the default in accordance with Section 2.3, Or�ner may
cu�re it and ihe Contractor shall reimburse the Owner for the cost of correction.
Article S
TIME
S.1 Tune limits stated in the Contract Documents are of the essence of ihe Contract.
8.2 If the wark is delayed at any time by change orders, labor disputes, fire, unusual
delay in deliv�ries, unavoidable casualties or other causes beyond the Contractor's
control, the Coniraci Time shall be extended by Change Order far such reasonahle time as
the Owner's Representative may deterniine.
Article 9
PAYMENTS AND COMPLETION
9.1 CorrrxacT strn�
The Contract Sum stated in the Coniract, including authorized adjustrrients, is the total
amount payable by the Owner to the Contractor �or performance of the Work under the
Cantract Documents. A 10°/n retainage will be required far all projects exceeding
$4000.00.
9.2 APPLICATIONS FOR PAYMENT
9.2(a). At least ten (10) days before ihe date �stablished for each progress payment, the
Contractox shall submit to the Owner's Representative an itemized "Application far
Payment" for operations completed in accordance with the values stated in the Contract.
Such application shall be supported by data substantiating the Contractor's right to
payment as the Q�vner or Owner's Representative may reasonably requir� and reflecting
retainage if provided for elsewhere in the Contract Documenis.
8 Revised Januaxy 1, 2002
9.2(b). The Confiractar �varrants that title to all Work covered by an Appliea�on for
Payment will pass to the Owner no laier than the time of payment. The Cnntractar further
warrants that upon submittal af an Ap�lication for Payment, all Work for which
Certificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractar's knowledge, informatian and belie�, be free
and clear of li�ns, claims, security interests or other encumbrances adverse to the Owner's
interests.
9.�(c). The Owner's Representative will, within ser�en days after receipt of the
Contractor's Application far Payment, either issue ta the Ovvner a Request for Payment,
with a copy to the Contractor, for such amount as ihe Q�vner's Represen�aiive deterrnines
is properly due, or notify the Cantractor and Owner in writing of the Owner's
Representative's reasons far recommending to Owner that payrnent be withheld..
9.3 PROGRESS PAYNIENTS
9.3(a). After the Owner's Representative has issued a Request for Payment, the Owner
sk�all make payment bas�d an a Percentage of Completion schedule provided to tl�e
Owner by the Contractor. This schedule requires mutual agreement evidenced by
signatures representing "both" parties, which shall become a part of this Contract.
9.3(b). Upon receipt of payment from the Owner the Contractar shall promptly pay each
subcontractor and material suppliex, out of�ie amount paid to the Contractor based on the
work campleted.
9.3(e}. Neither the Owner or the Qwner's Representative shall have the responsibility for
the payment of money to subcon�ractors or mat�rial suppliers.
9.3(d). A Request for Payment, progress payment, or partial or entire use or occupancy
of t�e project by the Owner shall not constitute acceptance af Work performed if it is nat
in accordanca wi�h the requirements of the Contract Documents.
�.� F'INAL COMPLETION AND FINAL PAYMENT
9.4(a). Upoz� receipt of a£'inal Application for Payment with all required documeiits, the
Owner's Representativ� will inspect t�e Work. When the Owner's Representati�ve finds
the Work acceptable and the Contract fully performed, the Owner's Representative will
promptly issue a finaI Request for Payment.
9.4{b). Final payment shall not becoma due until the Contractor submits to the Owuer's
Representati�e releases and waivers of liens, and data evidenc'rng satisfaction of all
obligations, such as receipts, claims, security interests or encumbrances arising out af the
Contract and any other documents, certi�icates, surveys or warranties required by
Contract Documents.
Itevised January 1, 2�02
9.4(c). Acceptance o� final pay�nent by the Cont�actor, a subcantracior or a material
supplier sha11 constitute a waiver of claims by that payee except those previausly made in
writing and identi�ied by that payee as unsettled at thE time of final Application for
Payment.
Article ] 0
SAFETY PRECAUTIQNS AIr1D PROGRAMS
10.1 The Contractor shall be responsible for initiating, maintaining, and supervising al1
safety precautions and programs, including all those required by law in connaction with
performance of the Contract. The Contractor shail promptly r�mady ioss and damage to
property caused in whoie or in part by the Contractar, a subcontractor, anyone directly or
indirectly employed by them or anyon� for whose acts they may be liable.
Article 11
T�RMINATION DF THE CONTRACT
11.1 TERMINATION BY THE CONTRAC�'OR
If the Owner fails to make payments when due or breaches any otl�er terms of this
Coniract, the Contractor may terminate the Confract, upan written notice to the Owner,
and recover from the Owner payment for Work executed and for proven loss with respect
to materials, equipment, taols, construction equipment and machinery, including
reasanable overhead.
11.2 TERMINATION BY THE 4WNER
I1.�(a). The Owner or the Owner's Representative upon written consent from Owner,
may teiminate the Contract if the Cantracior;
1. consistently, persistently or repeatedly refuses or fails to supply enough
properly skilled workers or proper materials;
Z. fails to make payments to subcoz�tractors for m�terials ar labor in
accordance with the respective agreements beiween the Contractor and the
subcontractors;
3, �iolates federal, state ar local Iaws, ordinances, rules, regulations ar arders
of a public authority having jurisdiction; or
A�. is otherwise in breach of a provision of the Contract Documents.
ll.2(b). When any of the above rea5ons exist, the Owner, after consuliation with the
Owner's Represeniative, may without prejudice to any other righis or remedies of the
�wner and after giving the Contractor and Contractor's surety, if any, v5rritten notice,
termi�ate ihe employment of the Contractor and may:
1. take possession of the site and of all materials therean awned by the
Contractor;
14 Revised danuary 1, 2�J02
Article 16
SEVERABILITY
161 If one or more af tbe provisions of this Contract is held invalid, unenforceabl� ar
illegal in any respect, the remainder of the Con�ract shall remain valid and in fi.ill force
and effect.
IlV WY'I`NESS WHEREOF, the p es hereto have ex ute this Contract in Fort Worth,
Tarrant County, Texas, this /'/`�� day of A.D. 2002.
� �ir�STE� ��
I _ , .
- '— e - -•— �" '— By:
�� � � ���
contract Autho� atiiQ�
�ate
Fqi� City of "�Fort Warth Housing
Tsepartment as Owner's Representative
APPROVED AS TO FORM AND
LEG ITY
,� �.� f :�
Assistan City Atiorney
�� �
Owner
�.� ��°�� �.�„i1 �' �'�
Contractar �
- .
- ��`�..� : �� �►� �_ ��- t �- �
itle
Acknowledged by:
12
i - --.f
Revised Janua 1, �0(�
TY �
ADDEI�IDUl1�� #1
A minimum of ��e (S} inspecfians are required:
(1) FTRST REQUIRED YNSPECTY�N
Foundation- No concrete shall be piaced without the steel, paly, plumbing and beams
inspection. After inspection is completed and the slab is poured the contractor will
receive the first draw in the amount of 18% ofthe contract price.
(2} SECOND REQUIRED INSPECTION
Framing- After the house has been framed, decked, cornice installed, window installation,
roofing and siding i� completed. The contractor will receive the second draw in the
amount of 18°/u of the con�ract price.
(3) ���.h� �t..0 REQUTRED INSPECTION
An inspaction is required afte�r the electrical rough in, plumbing top-out, hvac raugh in
and the wall insulation is completed (prior to installaiion of drywall�. Contractor will
receive the third draw in the amount o� 18% o�the cantract price.
{4} F4URTH REQUIRED INSPECT�UN
An inspection is required after the installaiian of the drywall, tapel bedl texture, trim-aut,
i�nterior and exteriar paint, floor coverings, cabinets, counter tops and the plumbing trim
out is completed, and brick is installed. The contractor wi11 receive the faurth draw in the
arnouni of 1 S% of the cantract price.
(5) F�FTFI REQUIRED INSPECTION
Final inspection- All finish work cornpleted. Dri�e and approach, grading, electrical,
hvac, attic insulation and the Building card has been completely signed off as being
complete. The contractor will receive the fifth draw in the amount of 18% afthe contract
price.
RETATNAGE
The 1 p% retainage will be released after completion of the punch list and insfiallation o£
the appliances.
Contractor shall give Owner's representative a�ive (5) day notice to schedule the z-equired
inspections.
13 l�e�ised 3anuaiy 1, 2002
: 1 ! _ �� 1 1�� :
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 {e) CoNSTRUCTI�N DRAwS
Progress pacyment shall coincide with the five (S) required inspections.
ADDEI�1DUlVI #3
PROPERTY: 1800 Greenfield Ave. Fort Worth, TX
The following items are to be included in the contract for construction:
Demolition and haul o£�' of the e�st�ng house
Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer Iines from tap to hause
Cost includes termzte certificate
2-10 Hame Buyers Warranty
Cornpliance with current Model' Energy Code
18 Foot Cubic Refrigerator w/icemaker
Two ceiling fans
4" of Top Soil
,Sod frant; seed side and rear yards
2 Shade Trees 1" caliper, 10 iow growing shrubs
ADDENDUM #4
ORDINANCE NO, 14171
AN ORDIANCE AMENDING TIIE CUDE OF THE CITY OF
FORT WORTH (198� AS AMENDED, BY THE ADDITION
OF SECTION'�-�Q ENTITLED "ACCESSIBILITY STANDARD
FOR CERTAYN CITY A�SSISTED HOU�ING CONSTRUCTION
PROGRAMS" REQUIRING CERTAIN BUILDING STANDARDS
IllT CITY ASSISTED HOUSING PROGRAMS TO PROVIDE
SA5IC ACCE55 TO PERSONS WITH DTSABLITTES; PROVIDING
THAT THiS ORDYNANCE SHALL BE CUMULATNE OF OTHER
ORDINANCE,S; PROVIDING A SEVERAB�LITY CLAU,SE; AND
PROVIDING AN EFFECTIVE DATE
14 Revised January 1, 2002
WHEREAS, person with disabilities and their immediate families ar� often
isolated in their own homes becaus� the homes of their acquaintances contain
insurmountable barriers, and often experience difficu�ty in findin� a suitable house to rent
or buy; and
WHEREAS, certain features in housing construction make new houses more
accessible and livable far persons with clisabilities and thus enhance the quality of li�e %r
f�ese persons.
WHER�AS, the City of Fort Worth is commitied to provide accessibility td persons
vvith disabilities tbrough its housing programs.
NOW, THEREFORE, BE IT ORDAiNED B"S� THE C7TY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
This ordinance is to require certain standards in the cor�struction of new single family
dwellings, duplexes a�d triplexes �hat are constructed with eity assistance as
SECTTON 2, to make houses more accessible for p�xsons with di�abilities.
SECTION �.
The following requirements shall be applicable to the construction of new single- family
dwelling, duplexes, and triplexes ("Applicable Dwelling Units"}, with city assistance.
For purpose of this ordin�nce, "city assistance" shall mean func�s for the construction of
Applicable Dwelling TJnits in and city-funded pro�am, with the funding source of
CDBG, HOME ar any other federal, state ox local housing programs.
SECTIOl�i 3.
The following design requirements shall apply:
Requirement 1. Building Entrance
Applicabie Dwelling Units must provide at least one building entrance on an accessible
route served by a no- step entrance or a ramp in compliance with the CABOIANSI--
A117.1, Accessible and Usable Buildings and Facilit�es Standard, a� adopted by the Fort
Worth Building Code ("Accessibility Stan�ard"} and having a maacimum slope not to
exceed one in twelve (i:12); unless it is impractical to do so because of terrain or unusual
characteristics oi fhe site as determined by a City of Fart Worth buildi�g official {"City
building Official"} upon review of the written requesi set forth in SEGTION 4. The
building entrance doors shall comply with the Accessibility Standard ax�d shall have a
15 Ae�ised January 1, 2002
minimum clear apening of 32 inches. The entrance may be at the front, side or bacic o�' a
dwelling as long as ii is se�rved by an accessible route such as a garage ar sidewalk,
Requirement 2. Interior doars.
All Applicabie Dwelling Units, wheth�r ar not on an accessible route, shall provide doors
designed to allow sufficient width for ihe passage of wheelchairs. Except those serving
clasets less than 15 square feet in area, i�t�terior daors withi.n an Appl�cable Dwellir�g L7nit
must provide a. minimum of 3a" clear opening. A 2'8" door or standard 6'0 sliding patio
doar �ssembly is deem�d sufficient to comply with this requirement, provided however,
compliance with requirements on Maneuvering Clearance at Doors in the Accessibility
Standard shall not be mandatory.
Requirement 3. Acc�ssible routes into and through ihe Applicable Dwelling Unit.
An Applicable Dwelling Unit must pravide as accessible route through the hallways and
passageways of the first floor ofthe unit. Further, ihe accessible route must provide a
minimum of width of 35", except through doars, and be lavel with ramped ar beveled
changes at door thr�sholds.
Requirement 4. Wall reinforcement in bathroom.
Reinforcement in the walls sha11 be provided at designated locations as specified by the
Accessibility Standard, so that grab bars may be installed, if needed, at a lat�t� dai�
without the necessity of removin� porEions of the existing wall.
Requirement 5. Light switches, electrical out�ets, thermostats and ather enviranmen�al
controls.
All Applicable Dwelling Units shall be designed and canstrucied to contain Iight
switches, electrical outlets, thermostais and other controls in compliance with the
requi�rement of ihe Accessibility Standaxd. Where rnultiple controls serve ihe saxz�.e
elements (e.g., two remote switches �ar a light) only ane must be accessible.
SECTION 4.
SECTION 3 Requirement 1(Building Entrances} may be waivad by the Building Official
when in his/her apinion, due to grade or site conditions ("Conditions"), access hy ramp is
unattainable. A person requesting said waiver shali file a written request ("Request"}
with the City Building Of�cial at the Cify of Fort Worth Development Department and
include all documants necessary to prove the existence of the Canditions. The
Request shall demonstrate that the Conditions an the si�e render it 1ffi�1055I171� to com�ly
wi�h the requirement far exterior accessibility in this ordinance. Within 10 calendar days
from the receipt of a completed Request, the City Building Qificia� shall render a wriften
decision. A copy of the decision shall be filed in th� official recards of the
1G Revised 7anuary 1, 2002
Development Department. Appeals to the City Building Official's decision sh.all be made
to the Constructifln and Fire Prevention Bflard in accordance with �ection 7-47 of the
City Code.
�ECTION �.
This ordinance shall ba cumulative of aIl provisions of ordinances and of �he Code of
the City of Fort Worth, Texas (198b), as amenc�ed, except where ihe proviszons of �his
Ordinance are in direc� conflict with the provisions of such oxdinances and such Code, in
which event conflicting provisions of such ardinances and such Code are bereby repealed.
SECTION 6.
It is hereby declarad to be the intention of the City Council that the sectians, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any pl�rases, clause,
sentences, paragraph or section oF ihis ordinance shall be declared unconstitutional by the
valid judgment ar decree of any court of competent jurisdiction, such unconsiitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sectzons
of tlus ordinance, since the sa�ne would have been enacted by the CiYy Council without
the incorporation in this ordinance of any such unconstitutional phrase, claus�, sentence,
paragraph or section.
SECTION 7.
This ordinance shall take eff�ct and b� in full force and effec� from and after the data of
i�s passage, and it is so ordained.
f? Revised January l, 2002