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FORT WORTH HOU�Il�TG FINANCE CORPORATION
CONTRACT FUR CONSTRUCTION
This CONSTRUCTIUN CONTRACT ("Contract") is made between Fort Worth
Housin� Finance Comoraiion {"Owner") a,nd Vision Homes ("Contractor"), on this 4th
Day of October, 2001 for the purpose of construciing QNE single family dwelling (s) an
a 1ot(s) provided by the "Owner" within the Corporate Iimits of Fort Worth, TX.
*The 1ot site addz'ess is:. 4741 Nnrri�
*Its Iegal descriptian is: Lot 3 Black 8R Ed�ewood Terrace Addition
*Attach an Addendum for multiple units coz�structed.
The Owner shall compensate the Contractor a total sum of $ 66,500 Sixtv Six Thousand
Five Hundred & Na1100 Cents.
Payment shall be made in accordance with Article 9 of this Contract. Plan #S-1�I��1
The date of Co�rnencert�ent shall be October 9, 20Q1; with a Completion date not to
exceed 124 Calendar Days ("Contract Tirne").
Owner and Contractor hereby agree to fi1�e follo�c�ving:
TER1ViS A1�iD COii�DITIO�T�
Article 1
GENERAL PROVISIONS
1.7 TERMS USED IN TFIE CONTRACT
Ll{a}. This Coniract, the Plans and Specifications for Construction of this Single Family
Home represent the entirc; and integxai�d agreement between the �arties and are togeth�r
referred to as "Contract Documents°'.
11(b}. The term "Woark" shall mean the construction and services reqi.�ired including ali
Iabar, mat�rials, equipment and services provided by the Contractor to fu1fill the
Contractor's obligations and responsihilitzes under ihe Con�ract Documents.
1.1{c}. The �erm Owner's Representative shall mean the City of Fort Worth Housing
Department which provides administration of the Contract as described in the Contract
Documents, The Owner's Representative will have the authority to act on behal� of the
Owner to ihe extent provided in the Contrae� Documents. __—_
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Revised October 4, 2001 �
1.1{d}. This Contract rnay be arnended or modified ONLY by a mutually agreed wri�t�n
modification in the form of a Change �rdex. A Change Order shall be a written order to
the Contractor signed by the Qwner or Owner's Representative to chas�ge the Work,
Contract Sum or Contract Time. A change arder is a part of this Confxact and the
Contract Document�.
1.1(e). The exhibits and attachec� addendums together with the change orders are a part of
this cantract and binding on all pariies, Those items include, but are not limited to,
Change Orders, Contraetor's Application and Certificat� for Payrnent, Contractor's
Affidavit of Payment of Debts and Claims, and the Certificate of �ubstantial Completion,
Drawings, and Specifications.
Article 2
RESP�NSIBILITIES OF THE OWNER
2.1 INFORMATION AND SERVICES
�1(a). I#'requested by the Contractor, the Owner shall furnish and pay for a survey and a
Iegal description of the site. �
�.1(b). Except for permits and fee�, which are the responsibility of xhe Coni�t'actor under
the Contract Documents, the Owner sha11 obtain and pay for necessary approvals,
easements, assessments and charges.
2.2 OWNER'S RIGHT TO STOP WORK
If the Contractor fails ta comply wiih the Contraci terms, the Owner or ihe Owner's
Representative may direct the Contractox in writing to �top the Work until the correction
is madc.
�.3 OWNER'S RIGHT TO Ct�RRY OUT THE WORK
If the Contract�r defaul�s or neglects to carry out the Work in accordance with the
Contract Documenfis and fails within fourteen days (14) from the date of written notice
irom the Qwner or Owner's Representaiave to cure such default, the Owner or Owner's
Representative may, withoui prejudice to ather remedies, cure such defaults. In such
case, a Change Order shall be issued deductin� the cost of correction from payments due
Cantractar, If the default is n�t reasanably suscepf�ble to cure by Contractor wit,hin the
fourteen (1�4} day periad, Owner will not exercise the option to terrninate this agreement
so long as the Contractor has commenced to cure the default within th� fourt�en (14) day
period and diligently cornpleie �he work within a reasonable time.
2 Revised October 4, 2001
2.4 OWNER'S RIGHT TO PER�'ORM CONSTRUCTI�N 1 AWARD SEPARATE CONTRACT
�.4(a}. The Owner reserves the right to perform construction or operations related to the
project with the Owner's own farces, and to award separate contracts in connection with
otkzer portions of the proj ect.
2.4(b). The Owner shall �requzre the Contracfior to caordinate and cooperate with separate
contractors employed by the Owner.
2.4{c}. The Owner shall require that cos�s l�y delays or by improperly fiimed activi�ies vr
defect�ve constriuctian be borne by the party responsible therefor.
�.� (d) �f a defect occurs and if the Contractor does not cure the defeet timely according
to the contract provisions the Owner may enter into a separate coniract with a third party
to eure their defect. The contractor then shall tirnely reimbur�e the Owner for the cost of
conixacting with the third party and the co�t to cure the defect.
Article 3
RE�ONSIBILITIES OF THE CONTRACTOR
3.l EXECUTION OF THE CONTRACT
Execution o£ the Contract by the Caniractor is a representation that the Contractor has
visited the site, hecome familiar with local conditions under which the Work is to be
performed and correlated �ersonal observaiions with requirements of the Contract
Documents.
3.2 REVIEW OF CONTRACT DOCUMEI�TS AND FI�LD CONATTIONS BY THE CONTRA.CTOR
Th� Contractor shall carefully study and compare the Contract Documenis with each
other and with information furnished by the Owner. Before commencing acti�rities, ihe
Contractor shall {1) ta.ke field measurements and verify field canditions; {2) carefiilly
campare this and other inforrnation knovcm to the Gontractor with the Cantract
Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the
Qwner's RepresEntative.
3.3 SUPERVISION AND CONSTRUCTION PROCEDiIRES
3.3(a). The Con�t'actor sha11 supervise and direct the Work, using Contractar's best skfll
and attcntion. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and proceduxes, and for coordina�ing
aIl partions af the Work.
3.3(b). The Contractor, as soon as practicable after award of the Contract, shall furnish in
writing to the Dwner through the Ov�mer's Representative ihe mames of subcontractors or
suppliers iar each portion of the Wark. The Owner's Representative will pramptly reply
3 Revised October 4, 2001
to th� Contractor in writing if the Owner ax the Owner's Architect, aft�r due
investigation, has reasonable objection �o the subcontractors or suppliers listed.
3.3(c), Th� Coniracior will comply with MinoritylWoman Business Entezprise (MIWBE)
requirements as outlined in the "Specifications for Construction of �ingle Family
Homes". The Owner has a rnrnrrnum goal of �40% of the dollar volume of the contract for
MWBE participation.
3.4 LAEOR AND MATERIALS
Unless otherwise provided in the Confract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, utilitaes, transpartation, and ather facilities and
services necessary �or proper execution and compl�tion of the VtTork. The Contractar
shall deliver, handle, store, and install materials in accordance with manufacturer's
instructions.
3.� WARRANTY
The Contractor war�ants to the Owner and Ownez's Representative that: (1} materials and
equipment furnished under the Coni�act are new, unused and of good quality unless
otherwise required or permitted by th� Contract Documents; (2) the Work will be free
from def�cts not inhe�ent in the quaIity required or permitted; (3) the Work will conform
io the requirements of the Contract Documen�s and the Contractor shall pravide a ten yea�r
warranty. The effective date of the war�ranty is the date of fmal closing.
3.G TAXES
The Contractar shall pay sales, consumer, use and similar taxes that are legally required
when the Contract is e�ecuted.
�.q �rrsu�rrcE
During the term of this contract and any �xtension ihereof, contractor shall maintain an
insuranc� policy wiih the following co�erage:
3.i (a) Commercial General Liability Insura.nce of a minimum of $1,000,000.00 per
occurrence.
3.i {b) Business Auta Liability Insurance of a minirz�um o:f $].,000,400.00 each accident.
3.'� (c) Statutory Workers' Compensation Insurance including employer's liability.
3.7 (d} Builder's Risk Insurance to cover the property in the course of the project (aga.inst
fire, hail, theft, etc. of rnaterials and incomplete cons�xuction).
3.7 {e} In additio�n, the City oF Fort Worth and Fort Worth Hausing Finance Corporation
shall be endorsed as an additional insured on all insurance policies.
3,8 PERMITS, FEES AND NOTICES
3.8(a}. The Coniracior shall obtai_n and pay for the building permit and other perrnits and
government fees, licenses and inspections nece�sary fax proper executian and completion
of the Work.
Revised Octobez 4, 2401
3.8(b). The Contractor shall comply with a11 requirements of agencies having jurisdiction
over the Work. If the Contractor performs work knowing it to be contrary to laws,
statutes, oxdinances, building codes, and rules and xegulaiions, the Contractar shail
assume full responsibility for such Work and shall bear all costs. The Contractor shall
promptly notify the Architect/Qv�mer's Representative in writ�ng of any known
inconsistencies in th.e Contract Documents with such governmental Iaws, ruies and
regulatians.
3.9 U�E DF SITE
Tb.e Contractor shali con�ne operations at the site to areas permitted by 1aw, ardinances,
permits, the Contract Documents and the Owner.
3.10 SUBMITTALS
The Con�ractar shall promptly review, approve in writing and submit io the Owner's
Repres�ntative Shop Drawings, Product Data, Samples, and simila.r submittals required
by ihe Contract Documents. Shop Drawings, Product Da.ta, Samp�es and similar
subrnittals are not a part of the Contract Documents.
3.11 Ci]TTING AND PATCffiNG
The Contractor sball be �espansible �or cutting, fitting or patching required to camplete
t11e Work or to make its parts �"it together pxoperly.
3.1� CLEANING uP
The Contractar sha.�l keep the pre�nises and surrounding axea free from aecumulation of
d�hris and trash related to the Wark.
3.13 INDEMNYFICATION
Coniractox covez�ants and agrees to and dves hereby inde�nnify, hold harmless and
defend, at its ov�n expense, Owner's Represenfiative, its officers, agents, servants and
erriployees, from and against any and all claiams ox suits for pro�erty loss or dama�e
andlor personal injury, including death, to any and all persans, of whatsoever kind or
character, whether real or asserted, arising out of ar in connection wiih, directly or
indirectiy, the work and se�rvices to be performed hereunder by Contractor, its officers,
agents, employees, subcontractors, licensees or invitees, wheiher or not eaysed, in
who�e or in part, bv the alle�ed negli�ence nf the o��cers, a�ents, servants,
emplovees, contractars, subcontractors, licensees and invitees of the Owner's
Renresentative; and said Contractor daes hereby covenant and agree to assume aIl
lial�ility and responsibility oi Qwner, Owner's Representative, zts officers, agents,
servants and emplayees for any and a11 claims or suits �or property loss or damage and/or
personal iz�jwry, including death, to any and alI persons, of whatsaever kind or character,
whether real or asserted, at�ising out of or in ca�ection with, direc�ly or indirectly, the
work and services to be performed Y�ereund�r l�y Contractar, its officers, agents,
emp�oy�es, subcontractors, licensees or invitees, whether or not caused, in whole or in
�art, bv the alle�ed negli�ence of the offieers, a�ents._ servants. emnlovees,
contractors, subcontractors, licensees and invitees of the Owner's Representatave.
5 Revised October 4, 200I
Contractor likewise cavenants and agre�s to, and does hereby, indemnify an.d hald
harmless Owner's Representative from and aganzst any and all injuries, damage, loss or
destruetion to property of Dwner's Represenfiative during fhe performanc� of any of the
terms and conditions of this Contract, vvhether arisin� out of or i�n connection with or
resultin� fram, in whole or in uart, aav aad all alle�ed acts or omissions officers,
agen�8, 5ervaIIt.S, emA�oV�'�s, contractor5, su�lcontt'actio�'s, �Ic��lseeS, 1rivlCeeS o�
Owner's Represcntative.
Article 4
UWNER'S REPRESENTATIVE RESPONSIBILITIES
4.1 Th� Owner's Representative will visit the site at intervals appropriate to the stage of
constructian to become generally familiar with the progress and quality of the Work.
4.2 The Owner's Representative does not have control over nor is in cha�ge of or
xesponsibie far canstz-uction means, xnetk�ods, fechniques, sequences or procedures, ar �ox
safety p�r�cautions and programs in connection with �he Work, since these are solely tha
Contractor's responsibility. The Owner's Representative wi11 not be responsible far the
Contractor's failure to carry out the Work in accordance with the Conixact Documents.
4.3 The Owner's l�epresentative shall have the authority to reject Work that �oes not
conforrn to the Conl�act Dacuments.
4.4 The Ownez's Reparesentative's duties, responsibzlities and limits of autk�nriry as
described in t�ie Contract Documents will not be changed without writien conseni of the
Owner.
4.� Based on the Owner's Represent�tive's observatians and eva�uations Qf the
Contractor's Applicatian for Payment, the Owner's Representafive will review and certify
the arnounfis due the Contractar.
4.6 The Owner's Representative will promptly rev�iew and approve o�r take appropriate
actions upon Con�ractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited pu�aose of checking for conformance with i_nforrnation given and
the design concept expressed in the Contract Documents.
4:7 The Owner's Representative vvill promptly interpret and decide matters concerning
perForrnance under any requirements of the Contract Documents on written request of
either the Owner or Contractor.
4.$ The Owner's Representative can require additian.al testing if necessary via minor
change orde:r as provided in Section 6.2,
Re�ised Octoher 4, 2001
49 �anterpretatians and decisions pf the Owner's Representativ� will be consistent with
the intent of and reasonably inferable from the Confxaet Documents and will be in writing
or in the form of drawings. When making such infierpxetat�ons and decisions, the
Owner's Representative will endeavar ta secure faif.h�ul performance by hoth Qwner and
Contractor, wi11 not shaw pa.rtiality to either and will not be liable for results of
interpretations or decisions so rendered in good faith.
Article 5
TESTING AND INSPECTIONS
�.1 Tests, inspectior� and approvals of portions of the Work requirEd by the Contract
Dacuments or hy laws, ordinances, rules, regulations or orders of public aufihorities
having jurisdiction shall be made at an appropriate time. Tf the Owner's Represen�tative
requares additiona� testing, the Cantractar shall per�orm these tests.
�.2 The �wner shall pay far additional tests except for testing Work found to be
defective for which the Contractor shall pay.
Article 6
GHANGES IN THE WORK
6.1 After execution of the Contract, changes in #he Work may be accomplished by
Change Order or by order for a minor change in ihe Work. The Owner, without
invalidating the Contract, may order changes in the Woxk within genexal scope of the
Contract consisting o�' addition5, deletions ar other revisians, the Contract Sum and
Contract Time being adjusted accordingl�r.
6.� The Owner's Representative will have the auihority to order minor cnanges in the
Work not involving changes in the Contract Sum or the Cont�act Time and inconsistent
with the inten# of the Contract Documents. Such changes shall be written orders and sha11
be binding on the Owner and Cor�tractar. The Contracta�r shall canry out such written
orders prornptly.
5.3 Yi concealed or unknown physical conditions arc encountered at ih� site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinaz-ily found to exisi, the Cantra�t Surn and Cantract Time shall be subject to
equitable adjustment.
7 Revised October 4, 2Q41
Article i
C0121�CTION OF WORK
'�.1 The Contractor shall promptly correci Work rejected by the Owner's Representatzve
because of failure to conform to the requirements o£ the Cantract Documents, Such
�ailure constitutes a default and is subject to the provisions in Sectian 2.3. The
Contxactor shall bear the cost of correcting such rejected Work.
�.� In addition to the Contractor's ather obligations including warraiz�ies under the
Contract, the Contractor sha11, for a period of one year after Substantial Completion,
correct wark not conforming to the requirements of the Contract Documents.
7.3 If the Contractor fai�ls to cure the defau.lt in accordance with Sectzon 2.3, �tivnex may
cure it a.nd the Cantractor shall reimburse tbe Owner far the cost of correction.
ArticIe 8
TIME
8.1 Time limits stated in the Contract Documents are of �he essence of the Contrac�.
8.2 If the v�rark is delayed at any time by change arders, labor dispute�, fire, unusual
delay in delive�ies, unavoidahle casualties or other causes beyond the Contractor's
control, the Contract Time shall be extended by Change Order for such reasonable time as
the Owner's Representative may determine.
Article 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
The Con�ract Sum siat�d in th� Contract, including authorized adjustrnents, is the total
amount payable by the Owner to the Contractar for performance of the Work under the
Coniract Documents. A 10% retainage will be required for all projects exceeding
$4000.40.
9.2 APPLICATIONS FOR PAYMENT
9.�{a). At least ten {la) days before the date established for each progress pa}nnent, �he
Contractor shall submit to the Owner's Representative an iiemized "Application for
Payrment" for operations cornple�ed 'za� accordance with the values stated in the Cantract.
Sueh app�ication shall b� supported by data substantiating the Contracior's right to
payment as the Owner or Owner's Representative may reasonably require and reflecting
retainage if p�rovided foz' elsewhere iz� the Cont�raci Documents.
8 Revised October 4, 2001
9.2(}�}. Th.e Contractor vvarrants that title ta all Work covered by an Application for
Fayment vvill pass to the Owner no later than ihe time of payment. The Cont:ractor further
warrants that upon submittal of an Application for Payment, al1 Work for which
Certificates for Payment have been previausly issued and payments received from the
Owner shall, to the best of tbe Contractar's knowledge, information and belief, be free
and clear of li�ns, cl�.ims, security interests or other encurnbzaances adverse ta the Owner's
interest�.
9.2{c). The Owner's Representatzve will, within seven days after receipt of the
Contractor's Application for Payment, eith�r issue ta ihe Owner a Request for Payment,
with a copy to th� 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
Represen�ative's reasons for recommenc�ing to Owner that paymeni be withheld..
9.3 rROG�s� rAn�NTs
9.3{a). After �he Owner's Representative has issued a Request for Payment, the Own�r
shall make payment based on a Percentage of Cornpletion schedule pro�ded ta the
Owner by the Contractor. This schedule requires mutual agreement evidenced by
signatures representing "both" partie�, vwhich shall became a part of this Contract.
9.3(b). Upon receipt of payment from the Owner the Contractor shall promptly p�y each
subcontractor and material supplier, out of ihe amount paid to the Contractor based on the
work completed.
9.3(c}. Neither �he Owner or the Owner's Representative shall have the z'espansibility far
the payment of money to subcantractars or material suppliers.
9.3(d). A Request for Payrnent, progress payment, or partial or entire use or occupancy
of the project by the Owner shall not canstitute acc�ptanca of VVork perforrned if it is not
in accordance witla the requirements of the Contract Documents.
9.4 F1NAL COMPLETTON AND FINAL PAYMENT
9.4(a). L]pon receipt of a final Application %r Payment with all required documents, ih�
Owne:r's Representative will inspect the Work. �Vhen the Owner's Representative finds
t�ie Wark acceptable and the Contract fully performed, the Owner°s Represen�ative wi11
prompily issue a final Request for Payment.
9.4(b). Final payment sha11 not became due until the Contiractor subynits to the Owner's
Representanve releases and waivers af liens, and data evidencing satisFactivn of al1
obligations, such as receipts, claims, security interests or encumbrances arising out of the
Contract and any other docunr�ents, certi£'icates, surveys ar vsrarranties required by
Contract Documents.
9 Revised October 4, 2p0I
9.4(c}. Acceptance of final payment by the Contraciar, a subcont�actor or a material
suppli�r shall constitute a waiver of claims by that payee except thosa previously made in
writing and identified by that payee as unsetiled at the time af final Application for
Payment.
Article 10 �
SAFETY PRECAUTYONS AND PROGRAMS
10.1 The Cantractor shall be responsible for initiating, mainta,ining, and supervising a1I
safety precautions and programs, ineluding all those required by law in connection with
performance of the Contract. The Contractar shall prornptly remedy loss and damage to
property caused in whole or in part by the Contractor, a subcantractor, anyone diractly or
indirectly employed by thern or anyone for whose acts they may be liabl�.
Article 11
TERMYNATION OF THE CONTRACT
11.1 TERMINATIQN BY THE CQNTRACTDR
If the Owner fails to make payments when due or breaches any other terms of this
Contract, the Cantractor may tenninaie the Contract, upon written norice fo the Ownelr,
and recover frorn the Owner payment for Work executed and fox praven loss with respect
to materials, equipment, tools, construction equipment and machinery, including
reasonable averhead.
11.� TERMINAT�ON BY TAE OWNER
11.2(a). The Owner or the Owner's Representative upon written consent from Qwner,
may terminate the Con�ract if the Contractor:
1, consistently, persistently or repeatedly refuses or fails to supply enough
properly skilled warkers or proper rna#erials;
2. fails to make payments to subcontractors for materrals or labar in
accordance with the respective agreemen�s hetvaeen f1�e Contractor and the
subcantractors;
3. violates federal, state or local laws, ordinances, rules, regulations ar orders
of a public authority having jurisdictiox�; or
4. i� otiaerwise in breach o� a provision of the Coniract Documents.
ll.�{b}. When any of the above reasons exist, the Owner, a�er consultation wiih the
Owner's Representative, may without prejudice to any other rights or rem�dies of the
Owner and af�er gFving the Contractor and Contractor's surety, if any, written notice,
terminate the employment of the Co�tractox and may:
1, take possession of th� site and of aIl materials �hereon owned by the
Contractor;
10 Revised October 4, 2001
2. finisn the Work by whatever reasanable rneans or method the Qwner may
deem expedient.
11.�(c }. When the Owner or Owner's Representative terininates the Contract for one of
the reasons listed in 11.2(a}, the Contractor shall nat be entitled to receive further
payment until alI the Work �s completed and aecepted.
11.2(d). If the unpaid balance of ihe Gont�ract Sum exceeds costs ta finish tk�e Wark, such
e�cess sha11 be paid to the Cantra.ctor. If such costs exceed the unpaid balance, the
Contractor shall pay the difference ta the Owner. This obligation for payment shall
survive termination of the Contract.
Article 1�
ASSIGNS
12.1 This Contract may not be assigned by either party.
Articie 13
GOVERNIl�TG LAW
13.I This Cantract s�all be governed by and canstrued in accordance with the laws of the
Siate of Texas.
Article 14
PERFORMANCE OF CONTRACT
14.1 The nbligations under ihe tern�s af the contract are perfozmable in Tarrant County,
Texas.
Article 1�
VEN UE
1�1 The parties hereto hereby consent thai venue of any actipn brought under this
Contract shall be in Tarrant County, Texas.
1 l Revised October 4, 2401
Articie 16
SEVERABILITY
16.1 If one or mare of the provisions of this Contract is held invalid, unenfarceable ar
illegal in any respect, ihe remainder of the Contract shall remain valid and in full force
and effect.
IN WITNESS WHEREQF, the parti.�� hereto h e�x�cuied this Contract in Fort Worth,
� ,A.D. 1� �E ` "
Tarrant County, Texas, this ��r� day of �,�„�_�, � -�;
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Ac�.owledged by:
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���T�� �� Fvr Ciiy of Fort VVorth Housir�g
Department as Owner's Representative
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�ontract Authoxi���ian
Date
APPROVED AS TO FORM AND
LEG.�LITY
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12
Revis�d October 3, 2001
ADDEI�DUM #1
A minimum of five (�) inspections are required:
(1) FIRST REQZ7IRED IN5PECTION
Foundation- No concrete shall be placed. wiihout the steel, poly, plumbing and bearns
ir�spection. After inspectzon is completed and the slab is paured tihe contractor will
receive ihe first draw in the amount af 18% of the contract price.
{2) SECOND REQUTRED INSPECTION
Framing-- Af�er the hause has been framed, decked, cornice installed, roofin� and siding is
completed. The contractor will receive the second draw in the amount of I8% of the
cnntract price.
(3) THIRD REQUIRED INSPECTION
An in�pection is required after the brick, windows, electrical rough in, plumbing top-out,
hvac rough in. and the wall insulatian is completec� (prior to installation of drywall).
Cantractor will receive the third draw in the amount of 18% of the contract price.
(4) FOURTH REQiJIRED INSPECTION
An inspection is required a#�er the installa�on of the drywall, tape/ bed! texture, trim-out,
interiar and ext�riar paint, floor coverings, cabinets a�d counter taps and the piumbing
trim out is completed. The coniractor will receive the fourth draw in th� amount of.18%
af the contract price.
(5) FIFTH REQUIRED INSPECTION
Final inspection� All finish work campleted. Drive and approach, grading, electrical,
�t�ac, attic insulatio� and the Building card has been completely signed off as being
complete, The contractor will receive the fifth draw in the amount of 18% of ihe cantract
price.
RETAINAGE
The 10% retainage vcrill be released after completion of the punch list and installation of
the appliai�ces.
Contractor shall give �wner's represeiatative a five {5) day notice to schedu�e the reyuired
inspeciions.
13 Revised �ctober 4, 2441
A.I�DEl�TDUIVI #2
Add to Article 9 Paragraph 9.3 Prag�ress payment.
9.3 {e) CONSTRUCTION DRAWS
Progress payment shall coincide with #he five (5) requrred inspections.
ADDEI�TDUNI #3
PROPERTY: 4741 Norris Street Ed�ewood Terrace Adclition
Fort Worth, Texas
The foliowing iteakx�s are to be included in ihe contract for construction:
Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer lines from tap to house
Cost includes termit� certificate
2-10 Home Buyers Warranty
I S Cubic Refrigerator wlice maker
Two ceiling �a�s
ADDENDUM #4
ORDINANCE NO. 1�4171
AN ORDIANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (19$6) AS AMENDED, BY THE ADDITION
OF SECTION i-�0 ENTITLED "ACCES5IBILTTY STANDARD
FOR CERTAIN CITY ASSISTED HOU5ING CONSTRUCTIDN
PROGRAMS" REQU�[RING CERTAIN Bi1ILDING STANDARDS
IN CITY ASSISTED HOUSING PROGRAMS TO PROVIDE
BASIC ACCESS TO PERSONS W�TH DYSASL�TlES; PROVTDING
THAT THIS URDINANCE S�ALL SE CUMULATIVE OF OTHER
ORDINANCES; PROVIDING A SEVERAB�LITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
14 Revised October 4, 20�1
WHEREAS, person with disabilities and their i�mediate families are aften
isolated in their own hames because the homes of their acquaintances contain
insu�mouxxtable barriers, a.nd of�en experience difficulty in finding a suitable house ta rent
or buy; and
WHEREAS, certain features in housing construction make new houses more
accessible and livahle for person� with disabilities and thus enhance �he quality of life for
these persons.
WHEREAS, ihe City of Fort Worth is comrnitied to provide accessibility to persons
with disabilities through its housing programs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CTTY OF FORT WORTH, TEXAS:
��������
This ordinance is to r�quire certain standards in th� construction of nevcr single family
dwellings, duplexes and triplexes that are constructed with city assistanc� as
SECTION 2, to make houses more accessible for parsons with disabilities.
SECTION �.
The following requirements shall he appiicable to the construciion of new single- f�rnily
dwelling, dupSexes, and triplexes ("Applicable Dwelling Units"}, with city assistance.
For purpase of this ordin�ce, "city assistance" shall mean funds for the construction of
Applicable Dwelling Unifs in and ciiy-funded program, with the funding source of
CDBG, HOME or any oihar federal, stat� or local housing progams.
SECTTON 3.
The following design requirements shall apply;
Requirement 1. Building Entrance
Applic�able Dwelling Units must provide at least ane building entrax�ce on an accessible
route served by a no- step enirance or a ramp in compliance wif.h f17e CABOIAN�I-
A117.1, Accessible and Usable Buiidings and Facilities Standard, as adopted by the Fort
Worth Building Code ("Accessibility Stanc�ard'� aa�d having a maximum slope not to
exceed one in twelve (1:12); unless it is unpractical to do so because of terrain or unusual
cl�aac'acteristics of the site as determined by a City of Fort Worth bttilding official ("City
building Official") upon review of the written request sefi forth in SECTION 4. The
building enfirance doars shall comply with the Accessibility Sfiandard and shall have a
minimum clear opening of 32 inches. The entrance may b� at the �ront, side or back of a
dwelling as long as it is served by an accessible route such as a gara.ge or sidewalk.
15 Revised October 4, 2001
Requirement 2. Interior doors.
All Applicable D�velling Units, whether or not on an accessible route, shall provide doors
designed io allaw sufficient width for fihe passage of wheelchairs. Except those serving
closets less than 15 square fe�t in area, interior doors wiihin an Applicable Dwelling Unit
must pro�ide a minimum of 30" clear opening. A 2'$" door or standard 6'0 sliding patio
door assembly is deemed sufficient to comply with this reyuirement, provided howe�er,
compliance with requirerrients on Maneuvering Clearance ai Doors in the Accessibility
Standaxd shall not be mandatory.
Requirement 3. Accessible routes into and ihrough the Applicable Drx�elling Unit.
An Appl�cable Dwellir�g Unit must provide as accessible route through the hallways and
passageways of t�e first flaor of the unit. Further, the accessible xoute must provide a
minimum of width of 36", except th�'ough doors, and b� level wzth ramped or beveled
changes at door thresholds.
Requirerz�.ent 4. Wall reinforcement in bathroam.
Reinfarcement in the walls sha1l be provided at designated locations as specified by the
Accessibility Siandard, so that grab bars may be installed, if needed, at a iater daie
vvitbout the necessity af xema�ng portions of the existing wall.
Requirement S. Light switches, electrical outlets, thermostats and other environmental
controls.
Al1 Applicable Dwellm.g Units shall be designed and constructed to contain light
switches, electrical ou�lets, therrnostats and other controls in compliance with the
requirement oF the Accessibility Standard. Where multiple contrals serve fihe same
elements {e.g., two remote switches for a light} only one must be accessihle.
SEGTION 4.
SECTION 3 Requirement 1(Builc�ing Entrances) may be waived by the Building Official
when in hislher opinion, due to grade or site conditians {"Conditions"), acc�ss by ramp is
unaitainable. A person requesting said waiver shall file a written request ("Request"}
with filie City Building Off cial at the City of Fort Worth Dev�lopment Departrnent and
include all documents necessary to prove the existence of the Conditions. The
Request shall demonstrate that the Conditions an the si�e render it impossi�le to
comply �ith the requirement %r exterior accessibzlity in tYiis ordinance. Within 10
calendar days from the receipt of a completed Request, the City Building Oificial shall
render a written decision.. A copy of fihe decision shall be f�led in the official rEcords
of the Developrn�nt Department. Appeals �o the City Building Official's decision sha11
16 Re�ised October 4, 2001
be znade �o the Construction a.nd Fire Prevention Board in accordance with Section 7-�47
of the City Code.
SECTION �.
This ordinance shall be cutr�ulat�ive of all provisions of ordinances and of the Code of
�he City of Fort Worth, Texas {1986), as amended, except where the provisions of �his
Ordinance a�re in direct canflict with the provisions of such ordinances and such Code, in
which event canflictiz�g provi�sions of such ordinances and such Code are hereby rep�aled.
SECTION 6.
It is hereby declared to be the intention of the City Council thai the sect�ans, paragraphs,
s�ntences, clauses and phrases of this ordinance are severable, and if any phrases, clause,
sentences, paragraph or section af this ardinance shall be deciared uneonstitutional by the
valid judgment or decree of any court of cornpetent jurisdiction, such unconstitutionaliry
shall not af�ect any of the remai�ing phrases, clauses, s�ntences, paragiraphs and sections
of tlus ordinance, since the same wauld have %een enacted by the City Council without
tha incorporation in this ardanance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION '�.
This ordinanc� sha11 take e�fect and be in full force and effect frorn and after tiie date of
its passage, and it is so orc�ain�d.
17 Revised Octoher 4, 2001