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FORT WORTH HOUSING FINANCE CORPORATIOIY
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Coniract") is made between Fort Worth
Housin� Finance Comoxat�an {"Owner") ax�d Vi�ion Homes ("Contractor"), on tl�ais 4th
Day of October, 2001 for the purpose of consiructing ONE single family dw�lling {s} on
a lot(s) provided by the "Owner" within the Corparate limit5 of Fort Worth, TX.
*The lot site address is:. 4733 Nc�rris
�Its Iegal description is; Lot 1 Block 8R Ed�ewood Terrace Addition
�`Attach an Addendam for multiple units constructed.
The Owner shall campensate the Cantractoz a total sum of $ 66,500 Sixtv Six Tk�ausand
Five Hundrad & No/100 Cents.
Payrnent shall be made in accardance with Articl� 9 of this Contract. Plan #N-1�12I7
The date of Commencement shall be October 9, 2001; with a Cornple�ion datie not �o
�exceed 120 Calendar Days {"Contract Time").
Owner and Contractor hereby agree to the �ollowing:
TERiVi� A1�TD COi�DITIOl�TS
Article 1
GENERAL PROVISI�NS
T.1 T�RMS USED IN THE CON'1RACT
1.1(a). This Contract, the Plat�s and Specifications far Construciion of ibis Single Family
Home represent the entire and integrated agreemeni between the parties and are together
referred to as "Contract Documents".
1.1(b). Tha term "Work" snall mean the construction and services required including all
iabor, materials, equipmeni and services pravided by the Contractor to fulfill the
Coniractor's obiigaiions and responsihilities under the Cantract Documents.
1.1(c). The term Qwner's Representatave sha11 mean the City of Fart Warth Housing
Department which provides administration of the Cnnt�ract as described in the Contract
Docuxnents. The Owner's Representative will have the authoriry to act on bel�alf of the
Owner to the exient provided in the Contraat Docu�e�ts. _
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Rev�sed Oct�Ter�+, ii�0i ' �—`
1.1{d}. This Conirac� may be amended or modified �NLY by a mutually agreed written
tnodification in the form o� a Change Order. A Change Order shall be a written arder to
the Contracto� signed by th� Owner or Owner's Representativ� ta change the Work,
Cantract 5um ar Contract Time. A change order is a part of this Contx'act 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 a11 parties. Those iterns include, but are not lunited to,
Change Ord�rs, Contractar's Agplication and Certi�icate for Pay�x�ent, Contractor's
Affidavit of Payment of Debts anc� Claims, and the Certificate af Substantial Completion,
Drawings, and Specifications.
Article 2
RESPONSIBILITYES OF THE OWNER
2.1 INFORMATYON AND SERVICES
�.1(a). If requested by the Con�ractor, the Owner shall fun�ish and pay for a sur�ey and a
legal descripnon of the site.
2.1(b). Except far permits and fees, which axe the responsibility of the Contractor under
the Cantract Docurnen�s, the Owner shall obtain anc� pay for necessary approvals,
easements, assessmenis and charges.
2.2 OWNER'S RTGHT TO STOP WORK
If the Contractor fails to cornply with the Cont�ract terms, the Owner ar the Owner's
Representative may direct the Contractor in writing to siop the Work until the correction
is made.
2.3 OWNER'5 RIGHT TO CA1tItY OUT THE WORK
If the Contractor defaults or neglects to carry out the Woz'k in aacardance with the
Contract Documents and fails within fourteen days (14) from xhe date of written no�ic�
from the Owner or Owner's Representative to cure such d�fault, tha Owner ar Owner's
Representative may, wi�hout prejudice to other remedies, cure such defaults. In such
case, a Change Qrder shall be issued deducting the cost of correction from payments due
Contractor. If the default is not reasonably suscepiible ta cure by Contractor �vitbin the
fourteen (14) day periad, Owner will not ex�rcise the option to terminate this agreement
so long as the Contractor has cornmenced to cure the default within the fourteen (14) day
period and diligently complete the work w�itl�in a reasonable time.
2 Revised Qctaber 4, 2001
2.4 OWNER'S RIGHT TO PERFORM C�NSTRUCTION 1 AWA1tU SEPARATE CONTRACT
�.4(a). The Owner reserves the right to perform construction or operatians related to the
project with the Qwner's own forces, and to award separate contracts in connection with
other portions of the proj ect.
�.4(l�). The Owner shall require �he Contractor to coordinate and cooperate with separate
contractors employed by the Owner.
�.4(c). Th� Owner shall require tk�at costs by delays or by improperiy t�rned activities ar
clefective construction be borne by the party responsible therefor.
2.5 (d) If a defect occurs and if the Contractor does not cure �he defect timely according
to t�e contract provisions the Owner may enter into a sepa�rate contract with a third party
to cure their defect. The contractor then shall timely reimburse the Owner for the cost of
contracting with th� ihird party and the cost to cure the defect.
Article 3
RESONSIBILITIES OF'THE CONTRACTOR
3.1 EX�CUTION OF THE CONTRACT
Execution of the Contract by the Contractor is a repre,sentation that the Contractor has
visited the site, becorne familiar with local conditions under which the Work is to be
perforrned and correlated personal observations with requirements of the Contract
Dacu�nenis.
3.2 REVIEW OF CONTRACT AOCUMENTS AND FLELD CONDITIONS SY THE CONTRACTOR
The Contractor shall carefully study and compa�re the Contract Documents with eaeh
other and with information furnished by the �wner. Befare commencing activi#ies, the
Contractor shall (1) take field m�asurements and verify field conditions; (2} care�ully
compare fihis and ather infarmation known to the Contractor wiY1� the Contract
Docurnents; and (3) promptly report errors, irtconsistencies or omissions disco�ered to the
Owner's Repres�ntative.
3.3 SUPERVISION AND CONSTRUCTTON PROCEDURES
3.3(a). The Contractor shall supervise and d�rect the �Nork, using Cantractor's best skill
and attention. The Contractor sha11 be solely responsibl� for and have control over
construetion means, methods, techniques, s�quences and procedures, and for coordinating
all portions af the Work.
3.3(b). Th� Contractor, as soon as practicable after award oFthe Contract, sha11 furnish in
writing to the Owner �hrough the Ownez's Representative the names of subcontractors or
�uppliers for each partion of the Work. Th� Owner's Representative wili pramptly reply
3 Revised Octoher 4, 20D 1
to the Contractor in writing if the Owner or the �wner'� Architect, after due
in�estigation, has reasonable obj ection to the subcontraciors or suppliers listed.
3.3(e). The Contracta�r will comply with Minority/Woman Business Enterprise (M/WBE)
requirements as outlined in the "Specifications for Conslruction of Single Fa.mily
Homes". The Owner has a minimum goal of 40% of the dollar voiunne af the contract for
MWBE participation.
3.4 LABOR AND MATEIiTALS
Unless o�exwise pror�ided in the Contract Documents, the Contractor shall provide and
pay for labor, mater�als, equipment, �oo1s, utilities, transportation, ar�d other facilities and
services necessary for proper execution and completion of the Work. The Contractor
shall de�iver, han.dle, store, and install rnaterials in accordance with manufacturer's
instructians.
3.5 WARRANTY
The Contractor warrants ta the Owner and Owner's Representative that: (1) materials and
equipment furnished under the Contract are new, unused and of good quality unless
otherwise required or pemutted by xhe Contract Documents; (2) the Work will be free
from defec�s not inherent in the quality required ar permitted; (3) the Work will conform
ta the requirements of th� Contract Documents and the Contractor shall pravide a ten yeat
warranty. The effecti�e date of the warranty is the date of �nal clasing.
3.6 TAXES
The Contractor shall pay sales, coz�sumer, use and similar taxes that are legally required
when the Cantxact is executed.
3.7 nvsuxa�vca�
During the tenn of this contract and any extension thereof, contractor shall rnaintain an
insurance policy with the fallawing coverage:
3.7 (a) Comrnercial General Liability Insurance of a minirnum of $1,OQ0,000.00 per
occurrence.
3.7 (b) Business Auto Liabiliiy Tnsurance of a minimum af $1.,000,Q00.00 each accident,
3.7 (e) Statutory Workers' Compensation Tnsurance including employer's liability.
3.7 (d) Builder's Risk Insurance to cover the property in the caurse of the proj ect (against
fire, haal, theft, etc. of rnaterials and incomplete constructian}.
3.i (e) In addition, the City of Fort Worth and Fort Worth Housing Finance Corporation
shall be endorsed as an additional insured on a11 insurance �olicies.
3.8 PERMITS, FEES AND NOTICES
3.8{a). The Contractor shall obtain and pay for the building permit and other pexmits and
government fees, licenses and inspeciions necessary for proper execufiion and campletion
of the Work.
4 Revised �ctober 4, 2001
3.8(b}. The Contractor shall caxn.ply with a11 require�nents of agencies having �urisdiction
over the VVork. If the Contractor performs work lcnowing it to be contrary to laws,
statutes, ordinances, building codes, and rules and regulations, the Cont�ractor shall
assume full responsibility for such Work and shall bear all costs. The Contractor sha11
promptly notify the Archi#ect/Owner's Representative in writing of any known
lI1CDI151StBriC1�S in the Contract Docutnents with such governm�ntal laws, rules and
regulations.
3.9 USE O� SITE
The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits, the Contract Dacuments and the Owner.
310 SUB�vIIT'r�,�
The Contractor shall promptly review, approve in writing and submit to the Owner's
Repzesenfati�e Shop Drawings, Product Data, Samples, and similar submittals required
by the Caniract Documents. Shop Drawings, Product Data, Samples and simila�r
submi�tals are not a part of the Cantract Doc�ments,
3.11 CUTTING AND PATCHING
Tbe Contractor shall be responsible for cuttin�, fitting or patching required to complete
th� Wark or to make its parts fit together properly.
3.1� cL�alv�Nc up
The Contractor shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
3.13 TND�MN�FICATION
Con�ractor covenants and agrees to and does hereby indemnify, hold harmless and
defend, at its own expense, Q�uner's Representativs, its officers, agents, servants and
empl.oyees, from and against any and all claims or suits far property loss or damage
and/or personal injury, including dea�, to any and all persons, of whatsoaver kind or
character, whether reai or asserted, arising out of or in coxua.eehon with, directly or
indirectly, the work and serv�ices fo be per£ormed hereunder by Contractor, its officers,
agents, employees, subcontractoxs, licensees or invitees, whether or not eaused, in
whole or in �arY, bv the alle�ed ne�li�ence o#' the oi�icers, a�ents, servants,
., . ... . ..... ..---- - - ------ --- --- - -
em�nlavees, contractors, snbcontractors, licensees and invitees of the Owner's
..._.._.
Reuresentative; and said Contractor does hereby covenant and agree to assume all
liability and responsibili�y of Owner, Owner's Representative, its officers, agents,
servants and employees for any and all claims or suits for praperty loss or damage and/ar
personal injury, includfng d�ath, to any and all persons, of whatsoever kind or charact�r,
whather real or asserted, arising out of or in connection with, directly or indireci�y, the
work and services to be performed hereunder by Contractor, its officers, agents,
employees, subcontrac#ors, licensees or int�itees, w�etb�er or not cause[�, in whole nr in
nart, bv the alleged negligence af #h� officers, a�ents, servants, �mAlovees,
contractors, sabcontrac�ors, iicensees and invitees of the Owner's Re�resentative.
5 Revised October 4, 2001
Cantractor likewise covena�ats and agrees to, and does hereby, indemnify and hold
harmless Owner's Repr�sentative from and against any and alI injuries, darnage, loss or
destruction to property of Qwner's Representative during t.�.e perforinance af any of the
terrns and conditions of this Contract, whet�er arisin� out of nr in connection with ar
resultin� from, in whole or in nart, anv and all alleged acts o�' omissions officers.�
- -. .. . . . . — — ---- _.. _ . _.. ... --
a�en�s, servants,_employees, contractors, sufacontractors, licensees, invitees of
Owner's Representative.
�irticla 4
OWNER'S REPRESENTATIVE RESPONSIB�LITIE,S
4.1 The Owner's Representative vvi11 visit the site at inter�als appropriate to �he stage of
construction to becorne generally familiar with the progress at�d quality of the Work.
4.2 The O�vner's R�pre�entative does not have control over nor is iz� charge of or
responsible far construction means, method�, techniques, sequences or proeedures, ar far
safaty precautions and prograrns in connection witb the Work, since th�s� ar� solely the
Cantractar's responsibility. The Owner's Representative will not be responsible for the
Contractor's failure io carry out the Work in accordance wi�h the Con.bract Documents.
4.3 The Owner's Re�resentative shall have �he authority to reject Work that does not
conform to the Contract Documents.
4.4 The Owner's Representative's duties, responsibiliti.es and limits af authority as
described in the Con�-act Documents will not be chang�d withoui written consent of th�
Owner.
4.� Based on �he Owner's Representative's observaiions and eva�uations of the
Contractor's Application far Payment, ihe Owner's Representative will xevi.ew and ceztify
the amaunts due the Contractor.
4.6 Tha Owner's Representative wi11 promptly review and appz'ove or take appropriate
actions upan Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited putpase of cbecking for conformance with informanon given and
the design cancept expressed in the Contract Documents.
4.i The Ovvner's Representative will promptly interpret and decide matters cancerning
performance under any requirements of the Contract Documents on written request of
eif.�ier the Own�r ar Gontractor.
4.8 The Owner's Representative caa require additianal testing if necessaz�r vi�a mxnor
chatige order as provided in Section 6.2.
Ravised Octobaz 4, 2001
4.9 izaterpretations and c�ecisions of the Owner's Representative wi11 be consistent witb.
the intent of and reasonably in.ferable from the Contract Documents and will be in writing
or in the forn� of drawings. When making such interpretations and decisions, the
Owner's Representative will endeavor to secure fa.ithful pe�'ormance by bo#h Owner and
Contractor, will not show partiality to either and vvill not be liable for results of
interpretafions or decisions sa rendered in gaod faith.
Article 5
TESTING AND INSPECTIONS
5.1 Tesfis, inspections and approvals of gortians of the Work rec�uired by the Contract
Docutnents ar by laws, ordinances, rules, regulatiora� or orders of public autharities
having jurisdiction shall be made at an appropriate time. If tbe Owner's Representative
requires additional testing, the Contractor shall perform th�se tests.
�.� The Owner shall pay for additianal tests except for testing Work found to be
defective for which the Contractor sha.11 pay.
Article 6
CHANGES IN THE WORK
6.1 After execution oi the Contract, changcs in the Work may be accomplished by
Change Oxder or by order for a minor change in the Work. The Owner, without
invalidating tha Contract, may arder changes in the Work wifihin general scope of the
Contract consisting of additions, deletions or other revisions, the Contract Sum and
Contract Time being adjusted accordingly.
6.2 The Owner's Representative will bave tbe authoriry to order minar changes in the
Woxk nat irivalving changes in the Contract Sum or the Contract Time and inconsistent
with the intent of the Contract Docurnents. Such changes shall be written orders and shall
be binding on the Owner and Contractor. The Contraetor shall carry out such writt�n
arders promptly.
6.3 If concealed or unkno�vn physical conditio�s are encountered at the sita that differ
materially from those indicated in the Contract Documents or from those conditions
ordina�rily found to exist, the Contract Sum and Contract Time shall be subject to
equitable adjustment.
7 Revised October 4, 2001
Artxcle 7
CURRECTION OF WORK
'�.1 The Contractor shall promptly correc� Work rejected by the Own�r's Representaiive
because of failure to canform to the requirements of the Contract Documents. Such
failure constitutes a defauli and is subject to the provisions in Section 2.3. The
Contractor shall bear the cost of correcting such rejected Work.
'�.� In addition to the Cantractor's other obligations r�xcluding warrantres under the
Contract, the Contractor shall, for a period af ane year after Substantial Completion,
co�rrect wark not conforming to the requirements of the Contract Documents.
'�.3 If the Contractor faiIs to cure the default in accordance with Section 2.3, Owner may
cure it and the Cantractor shall reimburse the Owner for the cost of correction.
Article S
T�ME
81 Time limits stat�d in the Contract Documenis are of the essence of the Contract.
S.� If the war� is delayad a� any time by change orders, labor disputes, fire, unusual
delay in deliveries, unavoidable casualties or other causes beyond the Cantractor's
control, the Cont�'act Time shall be extended by Cha�ge Order for such reasonabl� tim� as
the �wner's Representative may determin�.
Article 9
PAYMENTS AND COMPLETION
9.1 coN�cT suM
The Contract Sum siated in the Contract, including authorized adjustments, is fihe total
aznount payable by the Owner to the Contractor for perf'ormance of the Work under the
Contract Dpcurnents. A 10% r�tainage will be required for all projects exceeding
$�.00a.00.
9.2 APPLICATIOI�TS FOR PAYMENT
9.2(a). At least ten (IO) days befare the date established for each progxess payment, the
Contractor sha�i submit to the Owner's Representative an itemized "Application far
Payment" for oparations completed in accordance with the values stated in the Contrac�.
Such application shall be supported by da�a substantiating the Coniractor's right to
payment as the Owner or �vvner's Representative may reasanably require and reflecting
retainage if provided for �lse�uhere in the Contract Documents.
8 Revised October 4, 2�01
9.2{b}. The Contractor warr'ants that title to all V�ork covered by an Application for
Payment will pass to the Owner no later than the time of payment. The Contractar further
wa�raa�ts that upon submittal of an Application fo�' Payment, all Wark for which
C�rtificates for Payment have been previously issu�d and payments received from the
Oumer shall, to the best of the Contractor's knowledge, informatian az�d beiief, be free
and clear of liens, claims, security interests or other encumbranees adverse to the Owner's
interests.
9.�{e}. The Owner's Representative wil1, wit�in seven days after receipt of the
Contractor's Application for Payment, either issue to the 4wner a Request for Payment,
with a copy to the Gontracto:r, for such amount as the Owner's Representative determines
is properly due, or noiify the Coniractor and Owner in wriiing of the Owner's
R�presentative's reasons for recommending to Owner that payrnent be wiihheld..
9.3 PROGRESS PAYMENTS
9.3(a). After the 4wner's Representative has issued a Request for Payment, the Owner
shall make paymen� based an a Percentage of Completion schedule provided to th�
Owner by the Contractor. This schedule requiares mutual agreemeni evidenced by
signatures representing "both" parties, which sha�l become a part of this Con�raci.
9.3(b). Upfln receipt of payment from the Owner the Contractor shall promptly pay each
subconiractor and material supplier, out of the amaunt paid to the Contractor based on the
work completed. �
9.3{c), N�ither the Owner ar the Owner's Representatiye shall have the responsibility for
the payment af rnoney to subcon�ractors or materiai suppliers.
9.3(d). A Request for Payment, progress payment, or pattial or entire use or occupancy
of the praject �y the Owner shall not canstitute acceptance of Work p�rFarmed if it is not
in accordance with th.e requirernents of the Contract Dacuments.
9.4 FINAL COMPLETION AND FINAL PAYMENT
9.4(a). Upon receipt of a final Application for Payment with all required documents, the
Owner's Representative will inspect the Work. When the 4wner's Representative finds
the �Vork acceptable and the Contract fully �erformed, the Owner's Representative wi11
promptly issue a final Request far Payment.
9.4(b). Final payment sha11 not become due until the Contractar submits to th� Owner's
Representative z-e�eases and waivers of liens, and data evidencing satisfaction of all
obligations, sucl� as raceipts, claims, security interests or encumbrances arising ou� of ihe
Contract and any other docunrients, ce�rtzficates, surveys or warranties requrred by
Contract D4cuments.
9 Revised October 4, 2001
9.4(c). Acceptance of final payment by ihe Contractor, a subcontractar or a material
supplier shall canstitute a waiverr of claims by that payee except ihose previously made in
writrng and identified by that payee as unsettled at th� tima of final Application for
Paym�nt.
Article lU
SAFETY PRECAUTIONS AND PROGRAMS
10.1 The Cantractor sha11 b� responsible for initiating, mainiaining, and supervising aIl
safety precautions and programs, including all those required by law in connection wiih
perforn�ance of the Contract. The Contractor shall promptly remedy loss and damage io
property caused in whole or in part by the Contractor, a subcontractor, anyone di�actly or
indirectly ernployed by them or anyone fax whose acts they ma}� he liable.
ArticZe 11
TERMINATION OF THE CONTRACT
11.1 TERMINATION BY THE CONTRACTOR
Ii the Qwner fails to make payments when due or breaches any other terms of this
Coniract, tha Contractor may termxnate the Contract, upon written notice to the Owner,
and recover from the Dwn�r payment for Wark executed and foz' proven �oss with respect
to materials, equipment, tools, conshuction equipment and machui.ezy, including
reasonable overhead.
11.2 TERMINATION BY THE OWNER
11.�(a). The Qwner or the Owner's Representative upon written consent from Owner,
may terminate the Contract if the Coniractor:
1. consis#ently, persistently or repeatedly refuses or fails to supply enougl�
properly slcilled workers or proper materiais;
2. fails to make payments to subcontractors for materials or labor in
accordance vcrith the respectzve agreernents between the Contractor and the
subcontractors;
3. violates federal, state ar local laws, ordinances, rules, regulations or orders
of a public authority having jurisdiction; or
4. is otherwise in breach of a provision of the Contract Doc�ments.
11.2{b}. When any of the abov� reasons exist, the Owner, after consultation with the
Owner's Representative, may vvathnut prejudice to any other rights or remedies of the
Owner and after giving the Contractor and Contractor's surety, if any, written notice,
terminate the employment of the Contractar and ma�:
1. take possession of tha site and of a11 rnaterials thereon owned by the
Cflntractor;
10 Revised Octaber 4, 2p01
2. finish the Wark by whatever reasonable means or method the Owner may
deem expedient.
11.2{c ). When the Owner or Owner's Representative terminates the Coz�i�ract for one af
�he reasans listed in 11.2{a), the Contractar shall nat be �ntitled to receive fuz�iher
payment until all the Work is compleied and accepted.
11.�(d). Tf ihe unpaid balance of the Contract Sum exceeds costs to finish the Worl�, such
excess shall be paid io the Contractar. Tf such costs exceed the unpaid balance, the
Contractor shall pay ihe difference to the Owner. This obligation for payment shall
survive termination of the Contract.
Ar�icle 12
ASSIGNS
l 21 This Contract may not be assigned by erther parrtty.
Article 13
GOVERNING LAW
13.1 This Contract shall be governed by and caristrued in accardance with the laws of the
State of Texas.
Article 14
PERFORMANCE OF CONTRACT
14.1 The obligations under the terms of the contract are perfor�nable in Tarrant Co�tnty,
Texas.
Art'rcle 15
VENUE
1�.1 The paY-ti�s hereto hereby consent that v�nue of any action brought under this
Contract shall be in Tarrant County, Texas.
11 Revised �cto6er 4, 2001
Arficle 1G
SEVERABILITY
].6.1 If one or more of the provisions of this Contraci is h�ld invalid, unenforceable or
illegal in atiy respect, the remainder of the Contract shall remain valid and in full force
and efFect.
IN WITNE�S WHEREOF, the parkies hereto ha�e �x�cuted this Contract in Fort Worth,
Tarrai�t County, Texas, tl�is y, '� ,�; ,, day of �� ___ ,A,D. 19
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U�;partment as Owner's Representative
APPROVED A� TO FORM ANll
LEGALITY .
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Revised Octaber 3, 20R1
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ADDENDUIVi #1
A mi�imum o��ve (�} inspections are required:
(1) FIRST REQUIRED INSPECTION
Foundation- No concrete shall be placed without the steel, poly, plumbing and beams
inspection. After inspection is completed and the slab is paured the contractar v�rill
receive �he first draw in the amount of 1 S% of the con�ract price.
{2) SECOND REQUIRED �NSPECTTON
Franung- After the hous� has been framed, d�cked, cornice installed, roofin� and siding is
completed. The contractor will receive the second draw in the amoia.nt of 18% of the
contract price.
(3) THIRD REQUIRED INSPECTION
An inspection is required after the brick, �rindovvs, electrical rough in, plurnbing top-out,
hvac rough in and �he wall insulation is cornpleted (priar to installation of drywall}.
Contractar will receive the third draw in the amoun# of 18% of the contract price.
{4} FOURTH REQUIRED INSPECTION
An inspection is required after the insfal�ation of the drywall, tape/ bedl texture, trim-out,
interior and ex�erior paint, floor coverings, cabinefis and counter tops and �he plu.mbing
trim out is comple�ed. The contractox will xeceive the fourth draw in the amount of 18°/a
of the contract price.
(5) FIFTH REQUIRED INSPECTION
Final inspection- A11 finish work campleted. Drive and approach, gradang, electrical,
hvac, attic insulation and f.he Building card has been compl�t�ly signed off as b�ing
camplete. The contractor will recaive the fiitll draw in the amount of 1$°/a of the contrac�
price.
RETAINAGE
The 10% retainage v�riIl be released af�er completion of the punch list and installaiian af
the appliances.
Contractor shall give Owner's representative a five (5) day notice ta schedule the required
inspec�ions.
13 Revised October 4, 2001
ADDEliTDUNI #2
Add to Article 9 Paragraph 9.3 Pragress payment.
9.3 {e} CONSTRUCTION DRAWS
Progress payment shall coincide with the five (5) required inspections.
ADDEI�TI)Ul� #3
PROPERTY: 4733 Norris �treet Ed�ewood Terrace Addition
Fort Worth, Texas
The fallowing iterns are to be included in t�.e contract for canstruction:
Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer Iines from tap to house
Cost includes terxnite certificate
2-10 Home Buyers Warranty
18 Cubic Refrigerator w/ice maker
Two ceiling �ans
ADDENDUM #4
ORDINANCE NO. 14171 �
AN ORDIANCE AMENDING THE CODE OF THE CITY �F
FORT WORTH (1986) AS AMENDED, BY THE ADDITION
OF SECTION 7��4 ENTITLED "ACCES5IBILITY STANDARD
FOR CERTAIN CITY ASSISTED HOUSING CONSTRUCTION
PROGitAMS" REQUIR�NG CERTAIN BUILDING STANDARDS
I1� CITY ASSISTED HOU�ING PROGRAMS TO PROVIDE
BA5IC ACCESS TO PERSONS WITH DISABLITIES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER
ORDTiNA.NCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
14 Revised October 4, 20p1
WHEREAS, person with clisabilities and their immediate fa,milies are often
isolated in their own ho�nes because the homes of their acquaintances contain
insurmountable barriers, and o�ten experienc� difficulty in fnding a suitable house to rent
or buy; and
WHEREAS, certain features in housing construction make new houses rnare
accessible and livable for persons with disabilities and thus enhance �he quality of life for
these persons.
WHEREA�, the City o�' Fort Wo�h is comrnitted t� pravide accessibility to persons
with disabiIities through its I�ousing programs.
NQW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T`I�
GITY OF' FQRT WORTH, TEXAS:
SECTIQN 1.
This ordinance is tQ require certain standards in the constructinn of new single family
dwellings, duplexes and triplexes that are constructed vvith city �5515�aT1C� as
SECTIDN 2, to make houses more acoessible for persans with disabilities.
SECTION �.
The following requirements shall be applicable to the construction o� new single- family
dwelling, duplexes, and triplexes ("Applicable Dwelling Units"), with city assistance.
Far purpose of this ordinance, "city assistance" shall mean funds for the construction o�'
Applicable Dwelfing Units in and city-funded pragram, with ihe funding source of
CDBG, HOME ar any o�laer fede�al, state ar local housing programs.
SECTION 3.
The following design requixements shall apply:
Requirement 1. Building Entrance
Applicable Dwelling Units must provide at least one building enirance on an accessible
route served by a no- s�ep entrance or a ramp in compliance with the CABO/ANSI-
A117.1, Accessible and Usable Buildings and FaciXities Standard, as adapted by the Fort
Worth Building Cade {"Accessibility Standard"} and having a maximum slape not to
excead one in twelve (1:12); unless it is impractical to do so becausa of terrain ar unusual
eharacteristics �f the site as determined by a City of Fart Worth building official ("Ciiy
building Of�tcial"} upon review of the written request set forth in SECTION 4. The
builc�ing entrance doors ��all camply wzth the Acce�sibility Standard and shall have a
minimum clear apening af 32 inches. The entrance may be at the �ront, side or back of a
dwelling as long as it is ser�ed by an accessible route such as a garage or sid�walk.
15 Revised October 4, 2401
Requirement 2. I�terioz' doars.
All Applicable Dwelling Units, whether or not on an accessible route, shall provide doors
designed to allow sufficient width for the passage of wheelchairs. Except those serving
closets 1Ess than IS square feet in area, inierior doors within an Applicable Dwelling Unit
must provide a minimurrt of 30" clear opening. A 2'S" doar or standard 6'0 sliding patio
door assembly is deerned sufficient to comply with this requirement, provided however,
cornpliance with requirements an Maneuvering Clea�'ance at Doors in the Accessibility
�tandard shall not b� mandatory.
Requirement 3. Accessible routes into and through the Applicable Dwelling Unit.
�►n Applicable Dwelling U�ut must provide as accessible route ihrough the hallways and
passageways of the first floor of the unit. Further, the accessible raute mnst provide a
minimum of width of 36", except f.hrough doors, and be level with ramped or b�veled
changes at door thxesholds.
Requirement q�. Wall r�inforcement in bathroom.
Reinforcement in the wa11s shall be provided at designa�ed locations as specified by the
Accessibility Standard, so I.hat grab bars may be installed, i� needed, at a Iater date
wi�out the necessity of xemaving portions of the exis�ing wall.
Requiremeni 5. Light switches, electrical outlets, thermosiats and other envixon�n.ental
controis,
All Applicabla Dwelling Units shall be designed a.nd constructed to contain light
switches, electrica.l outlats, thermostats and other controls in compliance with the
requirement of the Accessibility Standard. Wher� multiple controls serve the same
eleannents (e.g., two remate switches for a light) only ane must be accessible. +
SECTION 4.
�ECTION 3 Requirement 1(Building Entrances) may be waived by the Building OfficiaX
when in his/11er apxnian, due to gxade or site conditions ("Conditions"), acc$ss by ramp is
unattainable. A persor� z'equesting said waiver shall file a written request ("Request")
w ith the City Building Official at the City af FQr� Wo7rth Develaprnent Department anc�
include all documents necassary to prove the existence of the Can.ditions. The
Request shall demonstraie that the �Conditions on the site render it impossible to
cornply with the requirement �or exterior accessibility in tY�is ordinance. V�ithin 10
calendar days from the receipt of a completed Request, th� City Building Official shall
render a written decision.. A copy of the decisian shall �e filed in the official records
of the Development Department. Appeals ta the City Building Official's decision shall
16 Revised October 4, 2001
be made to th� Consttuctian and Fire Prevent�an Board in accoxdance with Section 7-47
af the City Code.
SECTION �.
This ordinance shall be cumulafiive of all provisions of ordinances and of the Code of
the City of Fort Worth, Texas {198b), as amended, exce�at where tlte provisians of this
Ordinance are in direet conflict with the provisions of such ordinances and such Cade, in
�vl�ich event canflic#ing provisions of such ordinances and such Code axe hereby repealed.
5ECTION 6.
Ii is hereby declaxed to be fihe intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are sevarable, and if any phrases, clause,
sentences, paragraph or section af this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of campet�ni jurisdictian, such unconstitutianality
shall not affect any o� the remaining phrases, clauses, sentences, paragraphs and sections
oi this ordinance, since the same would have been enacted by the City Council �ithout
the incorparation in this ordinance ot' any such unconstitutional phrase, clause, sentenc�,
paragraph or section.
SECTION 7.
This ordinance shall take effeet and be in full force and effect from and after ihe date of
its passage, and it is so orda.ined.
17 Revised OctoUer 4, 2Q01