HomeMy WebLinkAboutContract 27173CI�Y ���R�T�O�Y � � � - -�
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FORT WORTH FI�USING FINANCE CORPORATION
CONTRACT FOR C4N�TRUCTYON
This CON�TRUCTION CONTRACT ("Contract") is made between �'ort �'Vorth
Housin� Finance Comoration ("Owner") and Vision Homes ("Cantractor"}, on this 4th
Day of October, 2QQ1 for the purpase of constructing ONE single family dwelling (s) on
a lot(s) provided by the "Qwner" within the Corporate Iimits af Fort Warth, TX.
*The Iot site address is:. 4'737 Norris
�`Its Iegal description is: Lot 2 Block 14R Edf�ewood Terrace Addition
'�Atkach an Addendum far multiple units consti-ucted. �
The Own�r sha11 compensate the Contractor a total sum a� $ 55,988 Si�tv Five Thousand
Nine Hundred Ei�htv Ei�ht dollars & no/100 Cents..
Paymen� shall be made in accordance with Article 9 af this Contract. Plan #SA071237
The date of Coxnmencement shall be October 9, 2Q01; with a Completion date not to
exceed 120 Calendar Days ("Cantr�ct Titne"}.
Owner and Contractor hereby agree to the fallowing:
TERIVI� Al�D COl�TDITIOI�S
Article 1
GENERAL PROVISIONS
1.1 TERMS US�D IN'1'HE CONTRACT
11(a). This Contract, the Plans and Specifications for Construction of this Single Family
Horr�e represent the entire and integra�ed a�eement between the parties and are together
referred to as "C.ontract Dacurnents".
11(b). The term "Wark" sh.a11 mean the construction and services required iricluding all
Iabar, rnaterials, equipment and services provided by the Contractor to fialfill the
Contractor's obligations and responsi�ilities under the Contract Documents.
1.1(c). The term Owner's Representative shall mean the City of Fort Worth Housing
Department r�hich provides aclministration of the Contract as described in the Confract
Documents. The Owner's Representative vwill have the authority to act on bel�alf of the
Owner to the extenf provided in the Contract Documents. _�,
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1.1(d). This Contract may he amenc�ed oar mod.ified ONLY by a rnutually agreed written
modification in the form af a Change Order. A Change 4rd�r shall be a written order to
the Cantractor signed by the Owner or Qwner's Repres�n�ative to change the Work,
Cantract Sum or Contraci Tirne. A change order is a part of this Contract and the
Coniraci Documents.
11(e). The exhibits and attached addendums together wiih the change orders are a part of
this conh'act and binding on all parties. Those items includ�, hut are not Iimited to,
Change Orders, Contractor's Application and Certificate for Payment, Gontractor's
Aff davit of Pa�nent of Debts and Claims, and the Certificate o£ Substantial Completion,
Drawings, and Specificati.ans.
Article �
RESPONSISTLTT�ES OF THE UWNER
2.1 INFORMATION AND SERVICES
2.1(a). If requested by the Contractor, the Owner shall furnish and pay for a survey and a
legal description of the site.
2.1(b). E�cept far permits and fees, which are the responsibility of the Contractor under
the Contract Documents, the Owzier sha�l obiain and pay for necessary approvals,
e�sements, assessments and charges.
2.2 OW1�ER'S RIGHT TO STOP WORK
Tf the Contractor fails to comply with the Contract terms, the Ow�er or the 4wner's
Representative rnay drxect tihe Cantractor in w�iting io stop the Work until the correetion
is made.
3�.3 OWNER'S RIGHT TQ CARRY OUT THE WORK .
T� the Con�ractor defaults oar negiscts to carry out th� Work in accardance witki the
Contract Documents and fails witlun fourteen days (14) frarn the date af written notice
frarn the Own�r or Owner's Representative to cure such defa�alt, the Owner or Owner's
Representative may, without prejudice to other remedies, cure such de�aults. Itx such
case, a Change Order shall be issued deducting the cost of correction from payments due
Contractor. If the default is not reasonably susceptible to cure by Contractor within the
fourteen {14} day period, Owner will not exercise ihe optian to terminate this agreement
so 1or�g as �he Contractor has commenced ta cure the default within the fourteen (14) day
period and diiigently complete the work within a xeasonable ti�me.
2 Revised Octobez 4, 2001
�.4 OWNER'S RIGHT TO P�R�'ORM CON5TRUCTION 1 AWARD SEPARATE CONTRACT
2.4(a). TY�e Owner reserves the right io perforrn construction or operations related io the
project with the Owner's own forces, and ta award separate contracts in connectian with
ather portions of th� project.
2.4{b}. The Owner sh�11 require the Contractor to coordinate and coaperat� wvith separate
cont�actors employ�d by the Owner.
2.4(c}. The Owner sha11 require that costs by delays or by improperly iimed activiti�s or
defective construction be barne by the party respansible therefor.
�.5 (d) Tf a defect occurs and if the Cantractar does nat cure tne defect timely according
io the contract pravisians the Owner may enter into a separate contract with a third pariy
to cure the�r defeet. The contractor then shall timely reimbur5e the Owner �or the cost of
contracting with the third party and the cost to cure the defect.
Article 3
RESON�IBILITIES OF THE CONTRACTQR
3.1 �xEctrriorr oF � corrTx�cT
Execution of the Cantract by the Contractor is a representation that the Cont�'actor has
visited the site, became �amiliar with local contlitions under which tlxe Work is to be
perforrned and correlated personal observations with requireme�ts of the Contract
Documents.
3.2 REVL�W OF CONTRACT DOCUMEN'TS AND FLELD CONDTTIONS BY THE CO�iTRACTOR
The C�ntractor sk�all care�ully study and carnpare the Contract Documents �rith each
other and with informaiion furni�hed by the Owner. Befare cammencing aciivitieg, the
Cantractor shall (1) ta.ke field measurernents and verify field conditiox�.s; (2) carefully
compare this and other information known to the Contractar with the Contract
Docurnents; and (3) prorrxptly report errors, incansistencies or omissions di�cavered to the
Owner's Representati�e.
3.3 SUPERVISIUN ANll CONSTRUCTION PROCEDURES
3.3(a). The Contractor sha11 supervise and direct ihe Work, using Contractor's best skill
and attention. The Contractor sha11 he salely responsi�le for and have control over
construction means, rnethods, techniques, sequenc�s and proceduras, and for coordinating
ali portian� of the Work.
3.3{b). The Contractor, as soon as practicable after award of the Contract, shall furrush in
writing to the Owner through the Owner's Representative the names of subcontractors or
suppliers for each portion o:F the Work, The Owner's Represan�ative will promptiy reply
3 Revised October 4, 2001
to the Contractor in writing i£ tbe Owner ar the Owner's Architect, after due
investigation, has reasonable obj ection to the �ubcontractors or suppliers lisied.
3.3(c). The Contractor will comply with Minority/Woman Business Enterprise (M/WBE)
requirements as outlined in fihe "Specification� �'or Construction of Single Family
Harz�.es". The �wner has a minimurn goal of 4Q% of �he dollar volume of the contract for
MWBE participation.
3.4 LABOR AND MATERIALS
Unless vtherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, u�ilities, transpo7rtation, and other faciliiies and
services necessary for praper executi�n and coxnpletian of th� Work. The Contractor
shall deliver, haz�dle, stare, and install materials in accordance with manufacturer's
instructions.
3.5 WARRANTY
The Contractor warrants to the Owner and Owner's Representative that: (1) materials and
equipment futnished undex the Contract are nevv, unused and of good quality unless
othervvise requirec� ar permitted by the Contract Documents; (2} the Work will be free
fram defects not inhe�ent in the quality required ar permitted; (3) the Work wi11 conform
to thE requirements of tht Contract Documents and the Cantractor shall pravide a ten year
warranty. The eff�ctive date of f.he warranty is the date of final closir�g.
3.6 TAXES
The Contractor shaIl pay sales, consumer, use and similar taxes that are legally required
when th� Contract is executed.
3.'i INSiJRANCE
During the tertn of this cont�act and any extension thereof, contractar shall maintain an
insurarice policy with the following coverage:
3.7 (a) Camrnercial General Liability Insurance of a minirnum of $1,Q04,000.OQ per
occurrence.
3.7 (b) Business Auto Liability Insuranca vf a minimum of $1,(}00,000.00 each accident.
3.7 (c) Statutory Workers' Cornpensation Insurance including employer's liabilify.
3.7 (d) Builder's Risk Tnsurance to cover the property in ihe course of the project (aga.inst
fire, Y�ail, tk�ef�, etc. of rnaterials and incomplate construction).
3.7 (e) In addition, �t�ie City oi Fort Warth and Fort Worth Housing Finance Corpora�ion
shall be endorsed as an additional insured on all insurance policies.
3.8 PERMITS, FEES AND NOTICES
3.8(a). The Contractor shall obtain and pay for the bui�ding permit and other permits and
government fees, licenses and inspections necessary for proper execu#ion and completian
of the Work.
Revised October 4, 20D1
3.8(b). The Contractor shall comply with all requirements of agencies having 3urisdictian
over the Worlc. If the Cantractor performs work knovving it to be contzary ta laws,
statutes, ardinaa�ces, building codes, and rules and regulatians, the Can�ractor shal]
assume full responsibility for such Work and shall bear all costs. The Contractor shall
promptly notify the Architect/Owner's Representative in writing of any known
inconsistencies in the Contract Dacuments with such governmental laws, rules and
regulations.
3.9 USE OF SITE
The Contracfor shall confine opera�ions at fhe site to areas permztted by law, ordin.ances,
permits, the Contract Docutnents and the Qvvner.
3.10 SUBMITTALS
The Contractor sha11 promptly review, approve in writing and submit to the Ov�+ner's
Representative Shap Drawings, Product Data, Samples, and similar submittals required
by the Contraci Documents. Shop Drawings, Product Data, �arnpl�s and similar
submittals are not a part of the Contract Documents.
3.11 CUTTING AND PATCHING
The Contx'actor shal.l be responsible for cutting, �tting or patching required to complete
the Wark or to make its parts fit tngether properly.
3.iZ cLE�mvG ur
The Contracfior shall keep the premises and surrounding area free frorn accumulation of
debris and trash related to the Work.
3.13 YNDEMNIFICATION
Cantractor covenants and ag�rees to and does hereby indemnify, hold harmless and
defend, af its o�vn expense, Owner's Representative, its officers, agents, se�rvants and
ernployees, from and against any and all clairns or suits for property Ioss or damage
and/or personal injury, including d�ath, to any and alI g�rsons, of whatsoever kind or
character, whether real or asserted, arising aut of or in conneciion with, directly ar
indirecily, ihe work and services to be perfonned hereunder by Contractor, its officers,
agents, employees, subcontractars, licensees or invitees, whether or not caused, in
whole or in nar�, bv the alle ed ne ligence af the officers, agents, servants,
emplovees. contraciors, subcontractars, licensees and invitees of the Owner's
Rer�reseniative; and said Cantractor does hereby covenant axid agree to assume all
Iiability and respons�bility of Owne�r, Owner's Representativa, its officers, agenfis,
servants and employe�s for any and all claims or suits for property loss or damage and/or
personal injury, including death, to any and all persons, of whatsoever kind or charaater,
whethear real or asserted, arising out of or in connection with, directly or indirectly, tl�e
work and servic�s to be perfornled hereunder by Contractor, its officers, agents,
emplayees, subcantractors, licensees or invite�s, whether or no� caused, in whole or in
nart, bv the alle�ed ne�li�ence of the officers, a�ents, servants, emplovees,
contractors, su�co�tractoxs, licensees and invitees of th� Owner's Renresentative.
5 Revised Octob�r 4, 2pp1
Contractor likewise covenants and agrees to, and does hereby, indemnify and hold
harmless Owner's Representative from and against any and all injuries, damage, lass or
destruction to properiy of Owner's Representative during the performance of any of the
t�rms and conditxons of this Contract, whether arisin� out o� or in connection with ot-
resultin� from, in whole or in nart, anv and all alleged acts or omissions ofiicers,
a�ents, servants, emplovees, contractars, subcontractars, licensees, invitees of
Uwner's Renresentative.
Article 4
OWNER'S REPRESENTATIVE RESPONSIBILITIES
4.1 The Owner's Representative will visit the site at interval� appropria�e to the stage af
consir�tction to become generally familiar with the progress and quality of the Work.
4.2 The Owner's Repxesentative does nat have cantrol over nor is in charge of or
responsible for constructian means, methods, techniques, sequences ar procedures, or for
safety precautions and prv�rams in connection with the Work, since these are solely the
Contractor's responsibility. The Owner's Representative wzll not be zesponsible far the
Contractor's failure to carry out the Work in accozda�.ce with �he Contract Dacurnents.
4.3 The Owner's Representanve shall have the authority ta reject Work that does not
conform to ihe Contract Docume�ts.
4.4 The Owner's Representative's duties, responsibilities and limits of authority as
described in the Coniract Documents will not be changed without written consent of ihe
Qwner.
4.� Based on ihe Ov�mer's Representative's observatians and evalua�ions af the
Contractar's Application foz Payment, the Owner's Repr�sentative wil] review and certify
the amounfis due xhe Contractor.
4.6 The Owner's Representative wi11 promptly review and approve or t�.ke appropriata
actions upan Contractar's submittals such as Shop Drauvings, Product Data and Samples,
but only far the limited purpose of checking for conf�rmance with information given and
the design concept expressed in the Contract Documents.
4.7 The Owner's Representative will promptly interpret and decide matters concerning
perfornzance under ariy requirements of ihe Coniract Documents on written reque�t of
either the Owner or Contractor.
4.8 The Owner's Representative can require additional testing if necessary via minor
change order as provided in Section 6.2.
6 Revised October 4, 2001
4.9 Interpretations and decisions of the Own�r's Representative will be consistent with
the intent of and reasonably inferable from the Contract Docuzz�ents and wi11 be in writing
or in the form o� dravvings. When making such interpretations and decisions, the
Owner's Representative will endeavvr to secure faithful perfarmance by both Owner and
Contractor, wi11 not sho�v partiality to either ar�d will not be liable for resul#s af
interpretations or decisions so rendered in good fai�h.
Article �
TESTING AND INSPECTION5
�.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rqles, regutations or orders of public authorities
having jurisdictian shall be made at an appropriate tixne. If the Owner'� Representaiive
requires additional testing, the Contractor shall perform these tests.
�.� The Ovtrner shall pay for additional tests except for testing Work found to be
defective for which the Contracfor shall pay.
Article 6
CHANGES IN THE WORK
6.1 After execution of the Cantract, changes in the Wark may be accomplisbed by
Change Order or by arder %r a mi.nor change in the Work. The Qwner, without
invalidating the �Coratxact, may order changes in the Work within general scope of the
Contraci consisting of additions, deletions ar other revisions, the Contract Sum and
Contract Time being adjusted accordingly.
6.� The Qwner'� Representative will have the authority to order nninor changes in the
Work not involving changes in the Contract Su.m or the Contract Tirne and inconsistent
with the infent of the Contract Documents. Such changes shall be wriiten ord�rs and shall
be binding on the Owner and Contractor. The Contractor s�all carry out such rvritten
orders promptly.
6.3 If concealed or unknown physical conditions are encountered at the site that differ
materially frorn tho�e indicated in the Cantract Documents or from those conditions
ordinarily found to exist, the Contract S�m and Contract Time shall be subject to
equitable adjustment.
7 Revised October 4, 2�101
Article i
CORRECTION OF WORK
i.l The Contractor shall promptly correct Work rejected by the Owner's Representative
because of failux�e to con.fonm ta the requirements of the Contract Documents. Such
fazlure canstitutes a default and is subject to the prnvisions in ,Section 2.3. The
Contractor shali bear the cost of correcting such rejectad Work.
�'.� In addition to the Contractor's other obligations including warrantxes unde� the
Contract, the Contractor shall, far a perio� of one year after Substantial Campletion,
correct work not conforming to the requirements of the Contract Documen�s.
i.3 7f the Coniracior fail� to cure the default in accordance with Section 2.3, Owner may
cure it and the Cantractor shall reimburse the Qwner for �lie cost of correction.
Article S
TI�IYIE
81 Tixr�e lixnifis stated in tb.e Contract Docunaents a�re of the esse�ce o£ t�e Confaract.
S.� Ii the work is delayed at any time by change orders, labor dispuies, fire, unusual
delay in deliveries, unavoidable casualties ar other causes beyond the Contractor's
control, the Contract Time shall be extended by Change Order for such reasonable time as
the Own.er's Representative may determine.
Ar�iele 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
The Canl�act Sum stated i� tl�e Confract, ineluding auth�rized adjustments, is the tatal
atnount payable by the Owner to the Contractar far performance of ihe Work under the
Coniract Documents. A IO°�o retainage will be required for all pro}ects exceeding
$4000.00.
9.2 APPLICATIONS FOR PAYMENT
9.�(a). At least ten {la) days b�fore ihe date established far each progress payment, the
Contractor shall submit to the Owner's Representative an iternized "Applicativn for
Payment" for operations completed in accordanGe with the values stated in the Contract.
Such applicaiion shall be supparted by data substantiating th� Contractor's right �o
payment as the Owner or Owrier's Representative may reasonably require and refleciing
retai�age i£provided �o� elsewhere in the Cont�act Documents.
8 Revised October 4, 2001
9.�(b). The Contractor warrants that title to ali Work covered by an Application for
Payrnent will pass to the Owner no later than the time of payment. The Contractor further
warrants ihat upon submittal of an Application for Payrnent, all Work for which
Certificates for Payment have been previously issued and payrnents received from the
�wner sha11, ta tbe �aest of the Contractor's knowl�dge, information and belief, be free
and clear of liens, claims, security interests or other encumbrances adverse to the Owner's
interests.
9.2(c). The Ovsmer's Representative will, wifhin seven days after rec�ipt of the
Contractor's Applicatian for Payment, eithcr issu� to the Owner a Request for Payment,
with a copy to the Contractor, for such amouni as the Owner's Representative determines
is properly due, or notify ihe Confxactor and Owner in writing of the Owner's
Representative's reasons for recornmending to Owner that payment be witb.held..
9.3 PROGRESS PAYM�NTS
9.3(a). After the Qwner's Representative has issued a Request for Payment, the Owner
shall make payment based on a Percentage of Completion schedule provided to the
Owner by the Contractor. This schedule requires mutua� agreement evidenced by
signatures representing "both" parties, which sha.11 become a part of this Contract.
9.3{b}. Upon receipt of payment from the Owr�er the Coniractar shall promptly pay each
subcantractor and rnaterial supplier, out of the amaunt paid to the Contractor based an the
work comple�ed.
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 Req�est faz� Pa�+rnent, pxogress payment, o� partial or entire use ar occupancy
of the project by the Owner shall not constiiute acceptance of Work perforrned if it is not
in accordance with the requir�m�nts of the Contract Dacuments.
9.4 FINAL C�MPLETION AND FINAL PAYIVIENT
9.4(a}. Upon receipt of a final Application for Payment with all required documents, fhe
Owner's Representative will inspect fhe �ork. When the Owner's Representative finds
the Wark acceptable and the Contract fully performed, the Owner's Representative will
prornptly issue a finaI Request for Payment.
9.4(b). Final payment shall not become due until the Cont�ractox submits to ihe Ow ner's
Represenfiative releases and waivers of liens, and data �videncing satisfaction of all
obligations, such as receipts, elaims, security interests or encumbrances arising out of the
Contract and any ather documents, certificates, swrveys or warranties requiz-ed by
Contract Documents.
9 Revised October 4, 2001
9.4(c). Acceptance of �"inal payment by the Cantractor, a subcon�ractor ar a material
supplier shall constitute a waivar of claims by that payee except those previously made in
writing and identified by that payee as unsettled at �he �ime of final Application for
Payment.
ArticIe 10
SAFETY PRECAUTIUNS AND PROGRAMS
10.1 The Contractor shall be responsible for initiating, maintaining, and supervising all
safefy precautians and programs, including a11 those required by law in connection with
perFormance of the Contract. The Contractor shall prornptly rernedy loss and damage to
property caused in whole or in part by the Cantractvr, a subcontractar, anyone directly or
indirectly employec� by them or anyone for whose acts they may be liaiale.
Article 11
TERMiNATION OF THE CONTRACT
11.1 TERMINATION BY THE CONTRA�CTOR
If the �wner iails to ma1�e payments when due o:r breaches aaiy other terms of this
Canf,ract, the Contrac�or may terminate th� Contract, upon written notice to rhe 4wner,
and recover from the Owner paytnent far Work exacuted and for proven loss with respect
to materials, equipment, iools, construction equipmen� and machinery, ir�cluding
reasonable overhead.
11.2 TERMINATION BY THE OWNER
11.2(a). The Owner or th� Qwner's Representative upan written consent from Owner,
may terminate the Cantract if the Contractor:
1. consistentIy, persistently or repeatedly refuses or fails to supply enough
praperly skilled vc+�nrkers ar proper maierials;
2. fails to make payments to subcontractars for materials or labor ir1
accordance with the respective agreem�nts between the Contractor �nd fihe
subcontractors;
3. violates fed�ral, state or local laws, ardinances, rules, regulatians ar orders
of a public authority having jurisdiction; or
4. is otherwis� in breach of a pro�ision of the Cantract Documents.
11.2(b). When any vf the above reasons exist, the Owner, after consultation with the
Ow�er's Representative, xnay withou� prejudice to any other rights or remedies of the
Owner and af'ter giving the Contractor and Contracior's sureiy, if any, written notice,
terminate the employrnent of the Contractor and may:
1. take possession of the site and of all matarials th�reon owned by the
Contractor;
10 Revised Octobex 4, 2001
2. finish the Work by whatever reasonable means or rnethod the Ownar may
deem e�pedient.
ll.�(c }. Wh�n the Dwner ar Owner's Representative terminates the Contract for one of
the reason.s listed in 11.2(a), the Contractor shall not be entifled to receive fiirther
payment until all the Work is completed and accep#ed.
11.2(d). If the unpaid balance of the Contract Sum exceeds costs to finish the Wark, such
e�cess shall be paid to the Cont�ractor. If such costs exceed th� unpaid balance, t�ie
Contractar shall pay the differenee to the Owner. This obligation far payrnent shall
stzrvive termination of the Con�ract.
Ar�icle 12
ASSIGNS
12.1 This Contract may not be assigned by either party.
Artxc�e 13
GOVERNING LAW
13.1 This Contract shall be governed by and construed in accordance with the laws of the
State of Texas.
A,rticle 14
. .......
PERFORMANCE OF CONTRACT
14.1 The obligations under the terms of the contract axe performable in Tarrant County,
Texas.
Article 1�
VENUE
15.1 The parties hereto hereby consent that ven�e of any action braught under �Iiis
Contract shall be in Tarrant Caunty, Texas.
11 Revised October 4, 200I
Articl� 16
SEVERABILITY
16.1 If one or more of the provisions of this Coniract is held invalid, unenforceable ar
illegal in any respect, the remainder of the Contract shall remain valid and in full force
and effect.
IN WITNESS VVHEREOF, the parti�es hereto have executed this Contract in Fvrt Warth,
Tarrant County, Texas, this ,,,� ,: day of � G' U� � ,A.D. k���=.
.
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Acknowledged by: '�`
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������ �� �o� City of Fort Worth Housing
Deparfiaent as Owner's Representative
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Cantract Au�hoxi���ior�
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APPROVED AS TO FORM AND
LEGALITY -
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Assist�t City Attarney �
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Revised October 3, 200f
ADDEI�TDUIVi #1
A minimurn of five (5) inspectians are required:
{1} FIRST REQUIRED INSPECTION
Foundatzan- Nn concrete shall be placed without the steel, paly, plumbing and beams
inspection. After insp�ction is complefied and the slab is poured the contractor will
receive the first draw in the a�ount of 18°/a of the confract price.
{2} SECOND REQUIRED INSPECTION
Framing- After the hause has been framed, decked, cornice installed, xoofing and siding is
compieted. The contractor will receive ihe second draw in the amount of 18% of the
contract price.
(3) THIRD REQUIItED IN5PECT�ON
An inspection is required after the brick, windows, electrical rough in, piumbing top-out,
hvac rough in and the wall insulation is compl�t�d (priar to installaiion of drywall}.
Contractor will receive the third draw in the amount of 18% of the contract price,
(�4) FOURTH REQi]�RED 1NSPECTION
An inspection is required after the installation of the drywall, tape/ bedl texture, trirn-out,
interior and exterior paint, floor caveri�gs, cabinets and counter tops and the plumbing
trim out is completed. The contractor will receive the fourth draw in the amount of 18%
of the cantxact pzice.
(5} FIFTH REQUIRED INSPECTIUN
Final inspection- All finish wark completed. Drive and approach, grading, electrical,
hvac, atYic insulation and the Building card has been completely �igned ofi as being
campl�te. The contxacto:r w�ill receive the fifth draw in the amount of 18'% of the cantract
price.
RETAINAGE
The 1�l% retainage will be released a�er co�npletion of the punch list and insiallation of
�he appliances.
Contxactar shall give Owner's representative a five (5) day notica to sch�dule ihe required
inspections.
13 Revised October 4, 200i
ADDEI�TDLTM #2
Add to Articie 9�'aragraph 9.3 Progress payment.
4.3 (e} CONSTRUCTION DRAWS
Progress payment shall coincide with the �ve {5} required inspections.
�iDDEI�DUM #3
PROPERTY: 4737 Norris Street Ed�ewood Terrace Addition
Fart Worth, Texas
The follawing items are ta be ineluded in the contrac� for construction:
Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer lines from tap ta house
Cast includes termite certificate
2-10 Home Buyers Warranty
18 Cubic Refrigeratvr w/ice maker
Two ceiling fans
ADDENDUM #4
ORDINANCE NO. 14171
AN ORDIANCE AMENDING THE CODE OF TAE CITY OF
FORT WORTH {198� AS AMCNDED, BY THE ADDYTTON
OF SECTION 7�50 ENTITLED "ACCESSIBILITY STANDARD
FOR CERTAIN CITY ASSISTED HOUSING CONSTRUCTION
PROGRAMS" REQUIRING CERTAIN BUILDING STANDARDS
IN CITY ASSISTED HOUSING PROGI2AMS TO PROVIDE
SA3IC ACCESS TO PERSONS WITH DI�ABLITIES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF QTHER
ORDINANCES; PRUVIDING A SEVERAI3TLITY CLAU5E; AND
PROVIDING AN EFFECTIVE DATE
14 Revised October 4, 2001
WHEREAS, person with dis�bilities and th�ir immediate families are often
isalated in their own homes because the homes of their acquaintances contain
insurmountable barriers, and often experience difficulty in finding a suitable house to rent
ar buy, and
WHEREAS, certain features in housing construction make new houses more
accessible and livalale for persons with disabilities and thus enhance the quality of life for
these persons.
WHEREAS, the City of Fort Worth is cvmm�ti�d to provfde accessibility to persons
with disabilities thraugh its housang programs.
NOW, THEREFORE, BE IT ORDATNED BY THE CITY COiJNCIL OF THE
GITY OF FORT WORTH, TEXAS:
SECTION 1.
This ordinance is to require certai_n standa�ds in �he construction of new singXe fa:mily
dwellings, duplexes and triplexes that are constructed with city assistance as
SECTION 2, to make houses more accessibl� far persons with disabilities.
SECTION �.
The follawing requirements shall be applicable #o the eonstruction of new single- family
dwelling, duplexes, and triplexes ("Applicable Dwelling Units"), with city assistanc�.
For purpose of this ordinance, "city assisfance" sha.11 mean fi,inds for the constru.ction of
Applicable Dwelling Units in and city-fi�nded program, with the funding source of
CDBG, HOME or any other federal, state or local housing programs.
SECTION 3.
The �ollowing design requir�rnents shall apply:
Requireme�t l . Bualc�.ing Enfrance
Applicable Dwelling Units must provide at least one building entrance on an accessible
route served �y a no- step entrance or a ramp in compliance with the CABOIANSI-
A117,1, Accessible and Usable Buildings and Facilities Standard, as adopted by the Fort
Worih Building Code ("Accessibility Sfiandard") arid having a maxunum slope not to
exceed one in twelve (1:12); unless it is impractical to da so hecause of terrain or unusual
eharact�ristics of the site as deter�n�ued by a City of Fort Worth building official {"Ci�y
building Of-�icial") upon review of the wri�ten request set forth in SECTION �. The
huilding entrance doors shall comply with the Accessibility Standard and shall have a
minimum clear opening of 32 inches. The enirance rnay be at the frant, side or back of a
dwelling as Iong as it is se�rved by an accessible route such as a garage or side�nvalk.
15 Revised October 4, 2001
Requirement 2. Interior doors.
AIl Applicable Dwell�ng Units, whether ar not an an accessible route, shall provide doaz's
designed to allow sufficient wid�h for the passage o� wheelchairs. Exc�pt those serving
closets Iess than 15 square feet in area, interior doors within an Applicahle Dwelling Unit
must pravide a tninirnum of 30" clear opening. A 2'8" door or standard 6'0 sliding paiio
doar assembly is deemed suf�icient to comply with this requirement, pxovi�ded however,
campliance with requirements on Maneuvering Clearance at Doors in the Accessibility
Standard shall not be �nandatary.
Requirement 3, Accessible routes into and through the Applicable Dwelling Unit.
An Applicable Dwelling Unit musi provide as accessible route through the hallways and
passageways of the first floor of the unit. Further, the accessible route rnust provide a
minirnum of width of 36", except through daors, and be level with ram�ed or beveled
changes at daaz thresholds.
Requirement 4. Wall reinforcement in bathroom.
Reinfnrcement in the walls sk�al� be pxav,ided at designa�ed locations as specified by the
Accessibility Standard, so ihat grab bars may be installed, i� needed, at a later date
without �he necessity of rerrioving portions of the existing wall.
Requirement 5. Light switches, eiectrical outlets, thermostats and other environmental
cantrols.
AlI Applicable Dwelling Units shall be designed and constructed ta contain light
switches, electrical outlets, thermostats and oiher contrals in compliance with th�
requirement of the Accessibility Siandard. Where multiple control� serve the same
elements (e.g., fwo remote switches for a light) only one must be accessible.
�ECTION 4.
SECTION 3 Requirement 1(Building Entranees} may be waived by the Building Qfficial
when zn his/her opinion, due to grade or site conditions {"Conditions"), access by rarnp is
unattainable. A person requesting saia waiver shall file a written zequest ("Request")
with the City Building Of�cial at the City of Fort Worth Developrnent Depa.rtment and
include ali documenis necessary to prove the existence of the Conditions. The
Request shall dernanstrate that the Condations on the site render it impossible to
comply with the requir�ment far exterior accessibility in this ordinance. Within 10
calendar days from the receipt af a completed Request, the City Building Of�icial shal�
render a written decision. A copy of the decision shall be filed in the official records
of the Development Department. Appeals to the City Building Official's decision shall
16 Re�ised Qctober 4, 2001
be made io the Construction and Fire Prevention Board in accordance with Sec#ion '1-47
of'the City Code.
SECTIDN 5.
This ardinance shall be cumulative of all pro�visions of ordinances and of the Cade of
the City of Fort Worth, Texas {1986), as amended, excepi where tha �rovisians o�' this
Ordinance are in direct conflict with the provisfons of such ordinances and such Code, in
which event conflieting provisions of such ordinances and such Code are hereby repealed.
SECTION 6.
It is hereby declared ta be the intention of the City Council that the section�, paragraphs,
sente�ces, clauses and phrases a� this ordinance are severabie, and if any phrases, clause,
sent�nc�s, paragraph or section af this ordinance shali be declared unconstitutional by the
valid judgment or decree of any court of campetent jurisdiction, �uch unconstitutionality
shall not affect any of the remaining phrases, clauses, sentencEs, paragraphs and sec�ians
of this ordinance, since the same would have been enacted by the City Council without
the incarporation in this ardinaa�ce of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTTON '�.
This ordinance sball take effect and be in full force and effect from and after the date of
its passage, and it is so ardainEd.
17 Revised October 4, 200I