HomeMy WebLinkAboutContract 27870��TY ��CR��qRY
C�N��►4Ci` NO. _
FORT WORTH HOUSING FINANCE CORPORATYON
CONTRACT FQR CONSTRUCTIUN
This CONSTRUCTTON CONTRACT ("Contraci"} is made between Fart Worth
Housin� Finance Corooration ("Owner") ALS Construc#ion, Inc. and
{"Contractor"}, 22 Day af JuIV 2002 for ihe purpose of constructing ONE single
family dwelling (s) on a lot(s} pravided hy the "Qwner" within the Carparate limits of
Fort Worth, TX.
*The lot site address is: 5113 T�raner Street Fort Worth. TX
*Its 1ega1 description is: Block 3 Lot 8 Park View Addition
*Attach an Addendum for multiple units consiaucted.
The Qwner shall compensate the Contractor a total sum af $21,770.00 Twentv One
Thousand Seven Hundred Seventv Dollars_& No/Cents Payment shall be m�de in
accordance with Article 9 of this Con�ract. Plan 3-1395-6
The date of Commencement shall be; Julv 31, 2002 with a Completion daie noi to
exceed 120 Calendar Days ("Contract Time").
Ow�ner and Contractor hereby agree to the following:
TER1Y�5 A1�iD COND�T�O�lTS
Article 1
GENERAL PROVISIONS
1.1 TERMS USED IN THE CONTRACT
11{a}. This Contract, the Plans axid Specificaiions for Construction af this Sin.gle Fax�aily
Hame represent the enixre and integrated agreement between the parties and are together
r�ferred to as "Contract Documents".
1.1{b). Th� term "Work" shall mean the construction and serv�ces required inaluding aIl
labor, materials, equipment and services provided b� th� Contractor to fu1fi11 the
Contractor's obligations and rasponsibilities under the Cantraci Dacuments.
l.l{e}. The terrz� Owner's Representative shall mean �he City of Fort Warth Housing
Department which provides administration of the Contract as described in tbe Cantract
Document�. The O�vner's Representative will have the authority to act on l�ehalf of the
Owner to the extent pr�vided in the Contract Documents.
1.1(d}. This Cantract may be amended or modif ed ONLY by a mutually agreed wvritten
modification in the forrn of a Change Order. A Change Order shall be a writte� �r��'—*� ,.. _
Revised Jaru�arp ., Z'C)�� ��
the Cantractor signed hy the Owner or Owner's Representative ta change the Work,
Contract Sum. or Contract Time. A cha�nge order is a part of this Contract and the
Contract Documents.
1.1(e). The exhibits and attached addendums together with the change orders are a part of
this contract and binding on all parties. Those items include, but are not limited ta,
Change Orders, Cantractor's Application and Certificat� fbr Payment, Contractor's
Affidavit of Payment of Debts and Claims, and the Certif cate of �ubstantial Cornpletion,
Drawings, and �pecifications.
Article 2
RESPON5IBILITIES OF THE OWNER
2.1 INFORMATION AND SERVICES
2.1(a). If requested by the Contractor, the Owner shall furnish and pay for a suzvey and a
legal description of the site.
2.1(b). Except for permits and fees, which are t�e responsibility of the Contractor under
the Contract Documents, the Qwner shall ohtain ar�d pay for necessary approvals,
easements, assessments and charges.
�.� OWNER'S RIGHT TO �TQP WORK
Tf the Contractor fails ta cornply with the Contraet term�, the Owner ar ihe Owner's
Representative may direct the Contractor in writin.g to stop the Work until the correction
is made.
�.3 OWNER'S RIGHT �'O CARRY OUT THE WORK
If the Confiraetor defaults or neglects tv carry out ihe Wark in accordance with the
Contraet Documents and fails within fourteen days {14) frotn the date of written notice
from the Owner or 4wner's Representative to cure such default, the Owner or Own.er's
Representative may, without prejudice to at�ier remedies, cure such defaults. In such
case, a Change Order shall be issued deducting tbe co�t of correction from payments due
Contractor. Tf the default is not :reasanably susceptible to cure by Cflntxactor within tl�a
fourteen (14) day period, Owner will not exercise the option to terminate tlus agreement
so long as the Contractor has commenced to cure the default within the fourteen {14) day
p�riod an� diligently complete the work within a r�asonable time.
2.4 OWNER'S RYGHT TO PERFORM CONSTRUCTION 1 AWA12D SEP�iIZA'I'� CONTRACT
2 Revised .Tanuary 1, 2002
2.4(a). The Owner reserves the right to perform construction or operations related to the
projec# with the Owner's own �'oxces, and to award separate contracts in connection with
o#her portions af tbe praject.
2.4(b). The Owne:r s�all r�quire th�: Cantractor to coordinate and cooparate with separate
contractors employed by the Owner.
2.4(c), The Owner shall requiz'e that costs by delays or by improperly timed activities or
defective construction be bor�e by the party responsible therefor.
Z.� (d) If a defect occurs and if the Contractor daes not cure the defect timely according
ta the contract provisions ihe Owner may enter into a separate contract with a third party
to cure their defect. The contractor then shall timaly reimburse the Owner for the cosi af
contxaciing with �he third party and the cos� to cure the defect.
ArticI� 3
RES�NSIBTLYTIES OF THE CONTRACTOR
3.1 EXECUTI�N OF TAE CONTRACT
Execution of the Contract by the Con�ractor is a reprasentation that �he Contractor has
visited the site, became familiar with Iocal conditians under �uvhich tha Work is to be
performed and carrelaied personal observations with requirem�nts of the Contract
Documents.
3.2 REVIEW O� CONTRACT DOCUMENTS AND F1i;LD CDNDITTONS BY THE COI�TRACTOR
The Contractor shall carefully study and cornpare the Contract Documents with each
other and with inf'ormation furnished by the Owner. Before cammencing activities, the
Contractor shall {1) take field measurements ar�.d veriiy field conditions; (2) carefully
compare this and othsr information knawn to the Contractor with the Coniraci
Docurnents; and {3) pramptly report errors, inconsistencies or omissions discovered to the
Owner's Representative.
3.3 SIIPERVTS�ON AND CONSTRUCTION PR�CED►JRES
3.3{a). The Cantrac�or shall supervise and diarect the Work, using Gontractor's best slcill
and attention. The Contractar shall be solely responsible far and have control over
construction means, mexhods, t�chniques, sequences and procedures, and for coordinating
all portions of th� Wark.
3.3{b). The Contractor, as soon as practicable aft�z' award of the Conixact, sha11 furnish in
writing to the Owner through the Owner's Representative the names of subcontractors or
suppliers for each portion of the Work. The �wner's Representative will promptly reply
to the Coniractar in writing if the Owner or the �wner's Architect, after due
investigation, has reasonable objection to the subcflntractors or suppliers listed.
3 Revised January 1, 2002
3.3(c). The Contractor will cornply with MinoritylWoman Business Enterprise (M/WBE)
xequirem�nts as outlined in ihe "Specificatiox�s for Construction af Single Family
Homes". The Owner has a minunum goal of �0°/fl oithe dollar volume of the confract for
MWBE participation.
3.a L�oR �vn �aTE�a�,s
Unless othervvise provided in the Contract Documents, tl�.e Cantractor shall provide and
pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and
services necessary for praper execution and completion o� the Work. The Cantractor
shall deliver, handle, store, and install rnaterials in accordance with manufacturer's
instructions.
3.5 WARRANTY
The Contractor warrants to the Ow�ner and Owner's RepresenYative that: (1) materials and
equipment furnished under the Cantract are new, unused atid of good quality uniess
otherwise required ar permitted by the Contract Dacurnents; (2) the Work wi11 be free
from defects not inherent in the quality required or permitted; {3) the Work will conform
ta the requirements of the Coniract Documents and the Contractor shall provida a ten year
warrarrty. The effective date of tha warranty is the date of fina� closing.
3,G TAXES
The Con�ractor shall pay sales, cansumer, use and similar tax�s that axe legally required
when the Cor�iract is execut�d.
3.7 nvSuRaNCE
During the term of t1�is cantract and any extensian fhereof, cor�tractor shaIl maintain an
inswrance policy with the following coverage:
3.7 (a) Commercial General Liability Insurance of a minimum of $1,OD0,000.00 per
occurrenc�.
3.7 (b) Business Auio Liability Insurance of a minimum af $1,000,OOO.QO each accic�ent.
3.q (c} Statutory Workers' Compensation Insurance including emp�oyer's liability.
3.i (d) Builder's Risk Insurance to caver the properiy in the course of the project {against
fire, hail, theft, efie. o�materials and incomplete construction).
3.i (e) In addition, t�e City of Fort Worth and Fort Worth Housing Finarice Corporation
sha11 be endorsed as an additional insured on a11 insurance palieies.
3.8 PERNiITS, FE�S AND NOTTCES
3.$(a). The Contractor shall obtain and pay for �ie building permit and other permits and
governrnent fees, licanses and inspectians necessary far proper execution and completion
of �he Work.
3.�(b). The Contractar shall comply with all requirements of agencies having jurisdiction
over the Work. If the Contractor performs work laiowing it to be contrary to laws,
statutes, ordinances, building codes, axid rules and regulations, the Contraatar sha11
4 Revis�d January 1, 2002
assume full responsil�ility for such Work and shall bear all costs. The Contractor shall
promptiy notify the ArchitectlOwner's Aepresentative in writing af any lcnown
inconsistencies in the Coniract Documents with such gavemmental la�rs, rules and
regulations.
3.9 us� oF srTE
The Contracfior shal.l canfine operations at the site to areas permitted by law, ordinar�ces,
permits, the Contract Dacuments and the Owner.
3.10 sUBmG��rT�.s
The Contractor sha11 promptly review, approve in writing and submit to ihe Owner's
Representative Shop Drawings, Product Data, Samples, and similar submittals required
by the Contract Docurnents. Shop Drawings, Product Data, Samples and similar
submittals are not a part of the Contract Docurnents.
3.11 CUTTING AND PATCHING
The Contractor shall be re�pansi�le for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly.
3.12 CLEANiNG UP
The Contractor shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
3.13 INDEMNIFICATION
Co�tractor covenants and agees to and does hereby indernnify, hold harmless and
d�f�nd, at its own expense, Owner's Repres�ntative, its officers, agents, servants and
ernployees, from and against any and all claims or �uits for property loss or damage
and/or personal injury, including d�ath, to any and all persons, of whatsoever kind or
character, whether real ar asserted, arising out of or in connection with, directly or
indirectly, the wark and services ta be performed hereunder by Contractor, its officers,
agenis, employees, subcontractors, licensees or invitees, whether or not caused, in
wl�ole or in p�rt, bv' t�e alle�ed ne�li�ence of th� officers, agents. servants,
emploVees, contractors, snbcontractors, licensees and invitees of the Owner's,
Rgpresentative� and said Contractor does hereby covenant and agree to assume all
liability and responsibility of Owner, Owner's Regresentative, its off cers, agents,
servants and employees for any and all claims ar suits for property loss or damage and/or
personal injury, including death, to any and all persons, of whatsaever kind or character,
whether real or asserted, arising out of ar in connection with, dirsetly or indirectly, the
wark and sercrices to be performed hereunder by Contractar, its offcers, agents,
employees, subcontractars, licensees ar invitees, whether or ❑ot caused, in whole or in
part, by �he alle�ed ne�li�ence of tli� officers, agents, servants, emplovees,
contractors, subcontractors. licensees a�nd invitees of the Owner's Re�aresentiati�e.
Gontractor likewise covenants and agrees to, and does hereby, indemnify and hold
harmless Owner's Represantative from and against any and aII injuries, damage, loss or
desi:ruction to property of Owner's Representative during the performance of any af the
5 Revised Januaiy 1, 2002
terms and conditions of this Contract, whether arising out of or in connection with or
resultin� from, in whole or in pari, anY and all alleged acts or omissions_ ofiicers,
agents, servants� emplovees, contractors, subco�ttractars, licensees, invitees of
4wner's Renresentative.
ArticIe 4
OWNER'S REPRESENTATYVE RESPONSIBILITIES
41 The Q�ner's Representative will visit the site at intervals appropriafie to the stage af
construction to become generally familiar with the prograss and quality af the Work.
�4.� The Owner's Represen.tative does not have control over nor is in charge of or
responsible fox constarruction means, methods, techniques, sequences or procedures, or for
safefiy precautions and programs in connection with the Work, sinc� these are saleiy tl�e
Contractor's responsibility. The Owner's Repres�ntative will not be responsible for the
Contractor's failure ta carry out the Wark in accordance with the Confitact Docurnents.
4.3 Th� Owner's Representative shall have the authority to reject VVork #hat do�s not
conform to the Contract Documents.
4.� The Owner's Representative's duties, responsibilities �nd limits of authority as
described in th.e Coniract Documents will noi be changed without written cansent of the
Owner.
4.5 Based on th� Owner's Representative's abs�rvations and evaluations o� ih�
Contractor's Application for Payment, the Dwner's Representati�e will review and certify
the amaunts due ihe Contractor.
4.6 The 4wner's Representative will pramptly revi�w and approve or take appropriate
actions upan Contractor's subznittals such as Shop Drawings, Product Data and Samples,
but only for the limited purp�se of checking for conformance with information given and
the design concept expressed in the Contract Documents.
4.7 The Owner's Reprasentative will promptly intezpret and decide matters concernixxg
pe�orniance under any requirements af the Contract Documents on written requesi o�'
either the Owner or Contractor.
4,8 The Owner's Representative can require additional testing if necessary via minar
change order as pravided in S ection 6.2.
4.9 Interpretations and decisions o� tbe Owner's Representative wi11 be consistent with
the intent of and reasonably inFerable from the Contract Docurnents and will be in writing
or in the foz�n of drawings. When making such interpr�tations and decisions, the
Revised .Tanuary 1, 2002
Owner's Representative will endea�or to s�cure faithful performance by bath Owner and
Cantaractor, will not show partiality to either and will not be liable for results of
interpretations ar decisians so rendered in good faith.
Article �
TESTING AND INSPECTIONS
5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Dacuments ar by law�, ardinances, rules, regulati.ons ar ard�rs of public authorities
having jurisdictian shall be rnade at an appxopriate time. If the Owner's Representative
requires additional testing, the Con�ractor sha11 perform these tests.
5.2 The Owner shall pay for additional tests except for testing Work found to be
defective for which �e Contractor shall pay.
Article 6
CHANGES IN THE WORK
6.1 After execution af the Contract, changes in the Work may be accamplished by
Change Order or by ord�r far a minor change in the Wark. The Owner, without
invalidating the Contract, may order changes zn %he Work within general scope of the
Contract consisting of additions, deletions or atber revisions, the Contract Sum and
Contract Time being adjusted accoxdingly,
6.� The Owner's Representative wi11 �iave the authority to order minor changes in the
Work not involving changes in the Cont�act Sum or the Contract Time and inconsistent
with the intent of the Contract Documents. Such changes shall be written orders and shall
be binding on the Owner and Contracior. The Contractor shall carry out such written
orders promptly.
6.3 If concea�ed or ui�lown physical conditions are encountered at the si�e that d�iffer
materially from those indicated in tl�e Contraci Documents or from those condiiions
ordinarily found to exist, the Cont7ract Sum and Contract Time shaIl be subject ta
equiiable adjustment.
Article '�
CORRECTION OF WORK
7 Revised January 1, 2002
'%.1 The Contrac#or shall prarnptly eorrect Work rejected by the Ow�er's Representative
because of failure to conform to the requirements of the Contract Docuxnents. Such
failure constitutes a default and is subject to the provisions in Section 2.3. The
Contractor shall bear the cost of correcting such rejected Work.
i.2 In addition to the Contractor's other obligations including warranti.es under the
Contract, the Contractor shall, £or a period of one year af�er Substantial Completion,
carrect wo:rk not confo�ning to the requirements of the Contract Documents.
7.3 If the Contractor fails to cure the default in accordance w�th Section 2.3, Owner may
cure it and the Contractor shall reimburse the Owner t'ar the cost of correction.
Article 8
TIME
8.1 Time limifs stated in tUe Contraci Documents are of the essence of the Cantract.
8.2 If the wark is delayed at any �ime by change orders, labox disputes, fire, unusual
delay in deliveries, unavoidable casualties or other causes beyond the Cantractor's
control, the Contract Time shall be e�tended by Chauge Order for such reasonable time as
the Owner's Representative may determine.
Article 9
PAYMENTS AND COMPLETI�N
9.1 CoN�acT suNt
The Contract Sum stated in the Contract, including authorized adjustnlents, is the total
amount payable by the Own�r to the Contractor for performance of the Work under the
Contraci Documenis. A 10% retainage will be required for all projects exceeding
$4000.00.
9.� APPLICATIONS �OR PAYMENT
9.2(a). At least ten (10) days before the date established for eaah progress payment, the
Contractor shall submit to the Owner's Represezatative an itemized "Application for
Payment" for flperations campleted in accordance with the values stated in the Contract.
Such application shall be supportcd by data substantiatin.g the Co�tractor's right to
payment as the Owner or Owner's Repxesentaiive may reasonably require and reflecting
retainage if provided for elsewber� in the Contract Documents.
9.2(b). The Contractor warranis that title to all Work covered hy an Applicaiion far
Payrnen.t wiili pass to the 4wner no later than the time af payment. The Contractar further
8 Revised January 1, 2DQ2
warrants that upon submittal of an Application for Payment, all Work for which
Certificates for Payment ha�e baen �areviously issusd and payments received from the
Owner shall, to the best of the Contractor's knowledge, information and belief, t�e free
and clear of liens, claims, security interests ar other encumbrances adverse to the Owner's
interrests.
9.2(c). The Owner's Representative will, wiihin seven days after receipt of the
Cantractor's Applicatzon far Payment, either issue to the Owner a Requesi for Payment,
with a copy to the Contractor, for such amount as the Owner's Representative determines
is properly due, or notify the Contractor and Owner in writing of the Owner's
Representative's reasons for recommending to Owner that payment be �vithheld,.
9,3 PRUGRESS PAYMENTS
9.3(a). After the Owner's Representative has issued a Request for Payment, the Owner
sha11 make payrnent based on a Percentage of Completion schedule provided to the
Ovwner by the Contractor. This schedule requires mutual agreement evidenced by
signatures representing "both" parties, which sha11 become a part of this Cont�'act.
9.3(�). Upon receipt of payment from the Owner the Contractar shall promptly pay Each
subcontractor and material supplier, out of the amount paid to ihe Contractar based on the
work completed.
9.3(c). Neither the Owner or the Owner's Representative shall have the responsibility for
the payment of money to subcontractors ar material suppliers.
9.3(d). A Request for Payrnent, progress payment, or partial or entire use ar occupancy
of the project by the Ow�er shall not constitute acceptance of Work performed if it is not
in accordance with the requirements of the Contract Documents.
9.4 FINAL COMPLETION AND F1NAL PAYMENT
9.4{a), Upon receipt of a fmal Application For Payment with alI required documents, the
Ownaz's Repres�ntative will inspect the Work. When the Ow�ler's Representaiive fuids
the Work acceptable and the Contract fully performed, ihe Owner's Representative will
promptly issue a fulal Request for Payment.
9.4{b). Final payrnent shall not become due until the Contractor submits to the Owner's
Representati�e releases and waivers of liens, and data evidencing satisfaction of all
obligatians, such as receipts, claims, security interests or encumbrances arising out of the
Contract and any other documents, certificates, surveys or warranties required by
Contract Documents.
9,�{c). Acceptance af final payment by the Contractor, a subcontractar ar a material
supplier sha11 constitute a waiver of cla.ims by that payee e�cept those previously made in
9 Rev�ised January 1, 2002
writing and ideniified by that payee as unsettled at the time of fina� Application for
Payment.
Arficle IQ
SAFETY PRECAUTIONS AND PROGRAMS
�01 The Cantractor shall b� responsible far initia�ing, maintaining, arxd supervis�ng alI
safety precautions and programs, including all those required by 1aw in connection with
performance of the Coniract. The Contractor shall promptly remedy loss and dainage to
property caused in whole or in part by the Contractor, a subcontraetor, anyone directly or
indirectly employed by them ar anyone for whose acts they may be liable.
Artici� 11
TERNIINATYON OF THE CONTRACT
� 1.1 TERNIINATION BY THE CONTRACTOR
If ihe �vvner fails to rnake payments when due or breaches any other #erms af this
Contract, the Contractvr may tenninate the Contract, upon writYen notice to the Owner,
and recover from the Owner paymen# for Wor� executed and for proven loss with respect
to materials, equipment, tools, constructian equipment and machinery, including
reasonable overhead,
11.2 TERMINATION BY THE OWNER
11.�(a). The 4wner or the Owner's Represenfative upon written consent from Owner,
may terminate the Contract if the Contracfior:
1. consistently, persistently ar repeatedly refuses or fails to supply enough
properly skziled woxkers or proper maierials;
2. fails to make payments to subcontractors for mafierials oz' labor in
accordance wif,h the respective agreements between the Contractor and the
subcontractors;
3. violates federal, state or 1oca1 1aws, ordinances, rules, regulation� or arders
of a public authority having jurisdic#ion; or
4. is ofherwise in hxeach of a pravision of the Contract Documents.
11.2{b). When any of the above reasons exist, the Owner, af�er con�ultation with the
Owner's Representaiive, may without prejudice to any other r�ghfs or remedies af the
Owner and after giving #he Contractor and Contractar's surety, if any, written notice,
ternsinate the employment of the Contractor and may:
1, take possession of ihe site and of alI inaterials thereon awned by the
Contractar;
2. finish the Work by whatever reasonable means or method the Owner may
deem expedient.
IO Revised January 1, 2002
11.2(c ). Wh�n the Owner or Owner's Representative terrninates the Contract for one of
ttte reasons listed in 11.2(a), �he Contractor shall not be �ntitled to receive further
payment until all the Work is complc��d and accepted.
I1.�(d). If the unpaid balance of thc Contract Sum exceeds costs to finish the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid h�alar�ce, the
Contraetor shall pay ihe difference to the Owner. This obligatian for payment sl�all
survive termination of the Contract.
Article 1�
AS�IGN5
12.1 This Coniract may nat be assigned by either party.
Article 13
GOVERNING LAW
13.1 This Contract shall be governed by and construed in accordance with the laws of the
S�ate of Texas.
Aarticle l.4
PERFORMANCE OF CONTRACT
14.1 The obligatians under �he terms of the cantract are performable in Tarrant County,
Texas.
Article 15
VENiJE
1�.1 The parti�s h�reio hereby consant that venue of any action brought under this
Contract shall be in Tarrant County, Texas.
11 Revised January 1, 2002
a
Article 16
SEVERABILITY
16,1 If' one or mor� of the provisions of this Cantract is beld invalid, i.ulenforceable or
illegal in any respect, the remainder of t�e Contract shall remain valid and in full force
and effec#.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in Fart Worth,
Tarrant Caunty, Texas, this ��'`� day of �� Q� , A.D. 2002.
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Title
Aclaiowledged by:
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Fo� City of Fart Wortb Hausing
Department as Owner's Representative
APPROVED AS TO FORM AND
LEG ITY
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Assist City Attorney L
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12
Revised l �nu�r�u 1, ,��.i�: :l�u U �
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ADDENDUNi #1
A minimum of five (5j inspections are required:
(1} FIRST REQUIRED INSPECTION
Foundation- No concreie shall be placed without the steel, poly, plumbing and bearns
inspection. Af�er inspection is completed and th.e slab is poured the contracior will
receive the first draw in the amount of 18% of the contract price.
(2) SECOND REQUiRED INSPECTION
Framing- After the house has been framed, decked, cornice installed, window installation,
roafing and siding is cornpleted. The contractor wiI1 rEc�ive the second draw in the
amount of 18% of ihe contract pric�.
(3) T�IIRD REQUIRED �NSPECTrON
An inspection is required after the brick, electrical raugh in, plumbing top-ou�, hvac
arough in and the wall i.nsulatio� is cpmpleted (prior to installation of drywail). Contractar
will :receive the ihird draw in the amount af 18% of the contract price.
(4) FOUR.TH REQUIR.ED INSPECTION
An inspection is required after the installation of the drywall, tape/ bedl texture, trim-out,
interior and extarior paint, floor coverings, cabinets and counter tops and the plumbing
trim out is complet�d, The contractor will receive the fourth draw in the amount of 18%
of the contract price.
(5) FIFTH REQ[JIRED INSPECT�ON
Final inspection- All finish work completed. Drive and approach, grading, electrical,
hvac, attic insulation and the Building eard has been completely signed aff as being
complete. Tha contractor will recei�e the fifth draw in the amount of 18% of the con�racfi
price.
RETAINAGE
The 10% retainage will be released after completivn af the punch list and installation of
the appliances.
Co�tractor shall give Owner's representativ� a five {5} day notice io schedule the required
inspections.
ADDENDUM #�
13 Revised Jannary 1, 2Q02
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 (e) CONSTRUCTION DR,A.WS
Pragress payment shall caincide with the five (5) required inspections.
ADDENDUIVI #3
PROPERTY: 5113 Draper Street
Fort Worth, Texas
The following items are to be included in the contract for construction:
�+Vatar and sewer lines from tap to house
2-10 Home Buyers Warranty
Compliance wifh currer�t Model Ene�gy Code
18 Foot Cubic Refrigerator w/icemal�er
Two ceiling fans
4" of Top Soil
Mail Box
Cost is the total amount submitted for completion o�cansiruction at said
Sife.
ADDENDUM ##4
ORDINANCE NO. i417'1
AN ORDIANCE AMENDING THE C�DE OF THE CITY OF
FORT WORTH {1986} AS AMENDED, BY THE ADDITION
OF SECTION 7�50 ENTITLED ��ACCESSIBILITY STANDARD
FOR CERTAIN CITY ASSISTED HOIISING CON5TRUCTION
PROGRAMS" REQUIRING CERTAIN BUILDING STANDAYtDS
1N CTTY ASSISTED HOUSTNG PROG1tAMS TO PR�VIDE
BAS�C ACCESS TO PERSONS WITH DISABLITIES; PROVIDING
THAT THIS ORDINANCE SHAitL SE CUMi1LATIVE OF OTHER
ORDINANCE�; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, person with disabilities and their imrnediate families are often
isolated in their awn homes becaus� the hornes of �heir acquaintances con�ain
insurmountable barriers, and often experience difficulty in finding a suitable �ause io rent
or buy; and
WHEREAS, certain features in housing construction malce ne�v houses rnore
accessible and livable for persons with disabilities and thus enhance tha qualiiy of life for
these persons.
i4 xev�Scd J�ua�y i, 2aoz
WHEREAS, the City of Fort Worth is cvrnrnitted to provide accessibility to p�rsons
with disabilities through its hausing prograrns.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXA�:
SECTION 1.
This ordinance is to require certain standards in the construction of new single family
dwellings, duplexes and triplexes that are constructed with city assistance as
SECTION 2, to make houses more accesszble for persans with disabilities.
SECTION 2.
The following requirements shall be applicable to the construction of new singl�- family
dwelling, duplexes, and triplexes ("Applicable Dwelling Units"), with city assisiance.
For purpose nf thzs ordinance, "city assistance" shall mean funds for the canstruction af
Applicable Dwelling Units in and city-funded program, �ith the funding source of
CDBG, HOME or any other Federal, siate or local housing programs.
sEeTiorr �.
The follo�uving design requirements sha11 apply:
Requirement 1. Building Entrance
Applicable Dwelling Units must �rovide at lea�t one building en.trance on an acc�ssible
route served by a no- step entrance or a ra�n.p in compliance with th� CABO/AN�I-
A11.7.1, Accessible and Usable Bui�dings and Facilities Standard, as adap�ed by the Fort
Worth Building Cod� {"Accessibility Standard") and having a maximum s1Qpe not �o
exc�ed one in twelve {1:12); unless it is im.practical to do so because of terrain or unusual
c�iaracteristics of the site as deterrnined by a City af Fort Worth building official ("City
buiiding Official") upon review of the writfien request set %rth in SECTION 4. The
buildi�ng entrance doors shall comply with the Accessibili�y �tandard and sha11 hav� a
minimum clear opening a�' 32 inches, The entranc� may be at tbe front, side or back of a
dwelling as long as it is served by an accessible route such as a garage ar sidewallc.
Requiremen� 2. Interiar daars.
All Applicable Dwelling Units, whether or not on an accessibie xoute, shall prnvide doors
designed to allow sui`ficient width for the passage af wheelchairs. Excepi those serving
clasets less than 15 square feet in area, interior doars within an Applicable Dwelling Unit
must provide a muumum of 30" clear apening. A 2'8'° door or standard 6'0 sliding patio
door assembly is deemed sufficient to comply with this requirerrient, provided however,
15 Revised January 1, 2Q02
compliance with requirements on Maneuvering Clearance at Doors in the Accessibiiity
Standard shall not be ma�ndatory.
Requirement 3. Accessible routes in�o and tb.rough the Applicable Dwelling Unit.
An Applicable Dwelling Unit must provide as accessible route through the hallways and
passageways oi the first floor of ihe unit. Further, the accessible route must pro�vide a
minimum af width of 35", except through doors, and be level with ramped or beveled
changes at doar thresholds.
Requirement 4. Wa�l reinforcement iri bathroom.
Reiniflrcement in the walls shall be provided at designated locatians as specified by the
Accessibility Standard, so that grab hars may be installed, if needed, at a later date
vc�ithout the necessity of removing portions of the existing wall.
Requirement 5. Light switch�s, �lectrical outlets, thermostats and other environmenfai
controls.
AlI Applicable Dwelling Units shall be designed and canstructed to contain ligh�
switches, electrical outlets, thermostais and other controls in compliance with the
requirement of the Acc�ssibility �tandard. Where multiple controls serve the same
slements (e,g., two remote switches for a light) only one must be accessible.
SECTION 4.
SECTION 3 Requirement 1{Building Entrancesj rnay be waived by the Building Official
when in his/l�er �pinion, due to grade or site eonditions ("Conc�itions"), access by ramp is
unattairiable. A person requesting said waiver shall file a writfien request ("Request")
with the City Building Official at the City of Fart Woz�h Development Depaz-tment and
inciude all documents necessaxy to prove the existence of the Conditions. The
Request shall demanstrate that the Condifiions on ihe siie render it impossible to comply
with the requirement �'ar exierior accessibility in this ordinance. Within 10 calendar days
from the receipt of a completed Request, the City Building Official shall render a written
decision, A copy of the deci�ion shall be filed in the official �ecords af the
Development Department. Appeals to the City Building Official's decision shall be made
to tiie Construction and Fire Prevention Baard in accordance wifi1� Section 7-47 of the
City Code.
SECTION �.
This ordinance shall bE cumulati�e of �lI provisians of ordinances and of the Code a�
th� City of Fort V�orth, Texas {1986}, as amended, except where tb.e provisians of this
Qrdinance are in direct conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ardinances and such Code are hereby repealed.
16 Revised 7anua�y 1, 2002
SECTION G.
Tt is hereby declared to be the intention of the City Council that the seciions, paz-agraphs,
sentences, clauses and phrases of this ordinance are severable, and if an,y phrases, clause,
sentences, paragraph or section of �his ardinance shall be declared uncons�itutional by the
valid judgment or decree o� any court of competent jurisdiction, such unconstitutianality
shall not affect any of t�e remaining phrases, clauses, sentences, paragraphs and sections
af this ordinance, since the same would have been enacted by the City Council without
the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph ar section.
SECTION 7,
This ordinance shall take eff�ct and be in full force and effect from and after the date of
its passage, and it is so ordained.
17 Revised Januaxy 1, 2002