HomeMy WebLinkAbout025625 - Construction-Related - Contract - Fort Worth Housing Finance Corporation and A.L.S. Construction!.
CITY SECRETARY .��� �
CONTRACT NO. .�?li�L,�
FORT WORTH HOUSING FINANCE CORPORATION
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Contract") is made between, Fort Worth
Housing Corporation ("Owner") and A.L.S. Construction ("Contractor"), on this 18th
Day of February, 2000 for the purpose of constructing ONE single family dwelling (s) on
a lot(s) provided by the "Owner" within the Corporate limits of Fort Worth, TX
("Work").
* The lot site address is 5516 Fitzhugh St.
*Its legal description is: Block A, Lot 1-R-E Ralph Bunche Addition
*Attach an Addendum for multiple units constructed.
The "Owner' Representative" (as deiined below) shall compensate the Contractor a total
sum of $ 65,000.00, Sixty Five Thousand and no/100.
Payment shall be made in accordance with Article 9 of this Contract. Plan # 65HR
The date of Commencement shall be March 15,2000; with a Completion date not to
exceed 120 Days ("Contract Time").
Owner �nd Contrlctor hereby agree to the following:
TERMS AND CONDITIONS
Article 1
GEN�RAL PROVISIONS , � o
1.1 TCRMS USED IN THE CONTRACT
1.1(�). This Contract, the Intill Program and Specifications for Construction of Single
Family Hoines as a requirement of participating in the City of Fort Worth Infill IIousing
Program represent the entire and integrated agreement between the parties and are
together referred to as "Contract Documents".
1.1(b). The term "Work" shall mean the construction and services required including all
labor, materials, equipment and services provided by the Contractor to fulfill the
Contractor's" obligations and responsibilities under the Contract Documents.
Ll(c). The term Owner's Representative shall mean the City of Fort Worth Housing
Department who provides administration of the Contract as described in the Contract
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Documents. The Owner's Representative will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
1.1(d). This Contract may be amended or modified ONLY by a mutually agreed written
modification or in the form of a Change Order. A Change Order shall be a written orde►•
to the Contractor signed by the "Owner" or Owner's Representative to change the Worlc,
Contract Sum ar Contract Time. A change order is a part of this Contract and the
Contract Documents.
1.1(e). The exhibits and addenda attached together with the change orders are a part of
this contract and binding on all parties. Those items include but are not liinited to,
Change Orders, Contractor's Application and Certificate for Payment, Contractor's
Affidavit of Payment of Debts and Claims, and the Certificate of Substantial Gompletion,
Drawings, and other Specifications.
Article 2
R�SPONSIBILITIES OF THE OWNCR
2.1 INi'ORMATION AND SERVICES
21(a). If requested by the Contractor, the Owner shall fiirnish and pay for a survey and a
legal description of the site.
2.1(b). Except for permits and fees, which are the responsibility oF the Contractor under
the Contract Documents, the Owner shall obtain 1nd pay Ior necessary 1��r1'OV�lIS,
easements, assessments and charges.
2.2 OWNCR'S RIGHT TO STOP WORK "-
If the Contractor fails to comply with the Contract terins, the Owner or the Owner's
Representative may direct the Contractor in writing to stop the Work until the correction
is made.
2.3 OWNER'S RIGHT TO CARRY OUT THG WORK
If the Contractor defaults or neglects to carry out the Worl< in accordance �vith the
Contract Documents and fails within fourteen days (14) from the date oi� writte�l notice
from the Owner or Owner's Representative to cure such default, the Owner or Owner's
Representative may, without prejudice to other remedies, cure such C1Ct�lLIItS. Ill 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 the option to terminate this agreement
so long as the Contractor has commenced to cure the default within t]ie fourteen (14) day
period and diligently complete the work within a reasonable time.
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2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION / AWARD SGPARATE COIVTRACTS
2.4(a). The Owner reserves the right to perform construction or operations related to the
project with the Owner's own forces, and to award separate contracts in connection with
other portions of the project.
2.4(b). The Owner shall require the Contractor to coordinate and cooperate with separate
contractors einployed by the Owner.
2.4(c). The Owner shall require that costs by delays or by improperly timed activities or
defective construction is borne by the party responsible therefor.
2.4(d). If a defect occurs and if the Contractor does not cure the defect timely �ccordin�
to the contract provisions the Owner may enter into a separate contract with a third party
to cure their defect. The contractor then shall timely reimburse the Owner foc the cost ol'
contracting with the third party and the cost to cure the deiect.
Article 3
R�SONSIBILITI�S OF THC CONTRACTOR
3.1 GXGCUTION OF THG CONTRACT
Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
perforn�ed and correlated personal observations with rec�uirements of the Contract
Documents.
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3.2 REVIGW OF CONTRACT DOCUMENTS AND �IELD COND[TIONS [3Y THG CONTRACTOR
The Contractor shall carefully study and compare the Contr�ct Documents with each
other and with information furnished by the Owner. Before commencing activities, the
Contractor shall (1) take field measurements and verify field conditions; (2) carefully
cotnpare this and other information known to the Contractor with the C011tl'1Ci
Documents; and (3) promptly report errors, inconsistencies oi• omissions discovered to
the Owner's Representative.
3.3 SUP�RVIS[ON AND CONSTRUCTION PROCEDURES
3.3(a). The "Contractor shall supervise and direct the Worlc, using "Contractor's" best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and for coordinating
all portions of the Work.
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3.3(b). The Contractor, as soon as practicable after award of t11e Contract, shall fiirnish in
wri�ing to the Owner through the Owner's Representative the names of subcontractors or
suppliers for each portion of the Work. The Owner's Representative will promptly reply
to the Contractor in writing if the "Owner" or the Owner's Architect, after due
investigation, has reasonable objection to the subcontractors or suppliers listed.
3.3(c). The Contractor will comply with Minority/Woman Business Enterprise (M/WBE)
requirements as outlined in the "Specifications for Construction of Single Family
Homes". The Owner has a minimum goal of 40% of the dollar volume of the contc•act for
MWBE participation.
3.4 LABOR AIVD MATERIALS
Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, utilities, transportation, and other facilities anci
services necessary for proper execution and completion of the Work. The Contractoi-
shall deliver, handle, store, and install materials in accordance with manufactucer's
instructions.
3.5 WARRANTY
The Contractor warrants to the Owner and Owner's Represeiitative that: (1) materials ancl
equipment furnished under the Contract will be new and of good quality unless otherwise
required or permitted by the Contract Documents; (2) the Worl: will be fi-ee ti�om detects
not inherent in the quality required or permitted; (3) the Work will C017fOC111 to the
reqtiirements of the Contract Documents and the Contractor sllall provide a te►1 year
warranty.
3.G TAXGS
The Contractor shall pay sales, consumer, use and similar taxes that are legally reRtured
when the Contract is executed. °
3.7 II�iSURANCG
During the term of this contract and any extension there of, C011il'1Ci01' SI11I1 lll�illlill(1 111
insurance policy with the following coverage:
3.7 (�) Commercial General Liability Insurance of a minimum of $1,000,000.00 per
occurrence.
3.7 (b) Business Auto Liability Insurance of a minimum of $1,000,000.00 each accident.
3.7 (c) Statutory Workers' Compensation Insurance including employec's liability.
3.7 (d) Builder's Risk Insurance to cover the property in the course of the pcoject (against
fire, hail, theft, etc. of materials and incomplete construction).
3.7 (e) In addition, the City of Fort Worth shall be endorsed as an additional instu�ed on
all insurance policies.
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3.8 PERMITS, FEES AND NOTICES
3.8(a). The Contractor shall obtain and pay for the building permit and other permits and
government fees, licenses and inspections necessary for proper execution and completion
of the Work.
3.8(b). The Contractor shall comply with the notices required by agencies having
jurisdiction over the Work. If the Contractor performs worlc 1<nowinb it to be contrary to
laws, statutes, ordinances, building codes, and rules and regulations without notice to tlle
Architect, Owner's Representative and Owner, the Contractor shall assume full
responsibility for such Worlc and shall bear the attributable costs. The Contractor shall
promptly notify the Architect/Owner's Representative in writing of any l:nown
inconsistencies in the Contract Documents with such governmental la�vs, rules and
regulations.
3.9 usc oF s►Tc
The Contractor shall confii�e operations at the site to areas pecmitted by law, orc(inances,
permits, t11e Contract Documents and the Owner.
3.10 SUBMITTALS
The Contractoc shall promptly review, approve in writing and submit to tlle O�vnei•'s
Representative Shop Drawings, Product Data, Samples, and S11711I11' Sllblll(CialS required
by the Contract Documents. Shop Drawings, Pi�oduct Data, Samples and S1111(I1C
submittals are not a part of the Contract Documents.
3.11 CUTTING AND PATCHIIYG
The Contractor shall be responsible for cutting, fitting or patchiiig required to complete
the Worlc or to inake its parts fit together properly.
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3.12 CLCANING UP '
The Contractor shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
3.13 INDEMNIFICATION
Contractor covenants and agrees to and does hereby indemnify, hold harmless and
defend, at its own expense, Owner's Representative, its officers, agents, servants and
employees, from and against any and all claims or suits for property loss or damage
and/or personal injury, including death, to any and all persons, of �vhatsoever kind or
character, whether real or asserted, arising OLIt of or in connection with, directly or
indirectly, the worl< and services to be performed hereunder by Contractor, its officers,
agents, employees, subcontractors, licensees or invitees, whether or- not caused, in
whole or in part, by the alleged ne�ligence of the officers, agents, servants,
employees, contractors, subcontractors, licensees �nd invitees of the Owner's
Representative; and said Contractor does hereby covenant and agree to �ssume all
liability and responsibility of Owner's Representative, its officers, agents, servants and
employees for any and all claims or suits for property loss or damage and/or personal
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injury, including death, to any and all persons, of whatsoever kind or character, whether
rea7 or asserted, arising out of or in connection with, directly or indirectly, the �voric and
services to be performed hereunder by Contractor, its officers, agents, einployees,
subcontractors, licensees or invitees, whether or not caused, in whole or in part, b,y the
alleged negligence of the officers, agents, servants, emplo,yees, contractors,
subcontrlctors, licensees and invitees of the Owner's Represent�tive. Contractor
likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner's
Representative from and against any and all injuries, damage, loss or desti-uction to
property of Owner's Representative during the performance of any of the terms ancl
conditions of this Contract, whether �rising out of or in connection �vith or resultin�
from, in whole or in p�rt, an,y and �ll �lleged acts or omissions officers, ��ents,
servants, emplo,yees, contractors, subcontractors, licensees, invitees of Owner's
Representative.
Article 4
OWN�R'S REPR�SCNTATIVC R�SPONSII3ILITI�S
4.1 The Owner's Representative will visit the site at intervals appropriate to tlle stage of
construction to become generally familiar with the progress and quality of�the Worl..
4.2 The Owner's Representative will not have control over or be in char�e ol� or be
cesponsible for construction means, methods, techniques, sequences or proccdures, or tor
safety prec�utions and programs in connection with the Work, since these are solely the
Contractor's responsibility. The Owner's Representative will not be responsible Por the
Contractor's failure to carry out the Work in accordance with thc Contract Documents.
4.3 The Owner's Representative will have the authority to reject Worl< that do�s not
conform to the Contract Documents. "
4.4 The Owner's Representative's duties, responsibilities and limits of authority as
describes in the Contract Documents will not be changed withotit written conseiit of tlze
Owner.
4.5 Based on the Owner's Representative's observations and evaluations of the
Contractor's Application for Payment, the Owner's Representative will revie�v and
certify the ainounts due the Contractor.
4.6 The Owner's Representative will promptly review and approve or talce appropriate
actions upon Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose of checking for conformance with information �iven and
the design concept expressed in the Contract Documents.
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4.7 The Owner's Representative will promptly interpret and decide matters concerning
performance under any requirements of the Contract Documents on written request of
either the Owner or Contractor.
4.8 The Owner's Representative requires additional testing if necessaryo ur minor change
order as provided in Section 6.3.
49 The Owner's Representative shall terminate the contract upon written approval by
Owner.
4.10 Interpretations and decisions of the Owner's Representative will be consistent with
the intent of and reasonably inferable from the Contract Documents and �vill be in writing
or in the form of drawings. When making such inteipretations and decisions, the
Owner's Representative will endeavor to secure faithfill performance by both Owner and
Contractor, will not show partiality to either and will not be liable ioc results ot'
interpretations or decisions so rendered in good faith.
Article 5
TCSTING AND INSP�CTIONS
5.1 Tests, inspections and approvals of portions of the Worlc required by the Contract
Documents or by laws, ordinances, rules, regulations or orders o:� public autho►•ities
having jurisdiction shall be made at an appropriate time. If the Owr er's Representative
requires additional testing, the Contractor shall perform these tests.
5.2 The Owner shall pay for additional tests except for testing Work found to be defective
for which the Contractor shall pay. '.
Article 6
CHANGES IN TH� WORK
G.1 After execution of the Contract, changes in the Work may r.e accomplished by
Change Order or by order for a minor change in the Work. T.Ze Owiler, �Vlil1011t
invalidating the Contract, may order changes in the Work within g,�eneeal scope of the
Contract consisting of additions, deletions or other revisions, the Contr�ct Sum and
Contract Tiine being adjusted accordingly.
6.2 The Owner's Representative will have the authority to order rr�inor changes in the
Worl< not involving changes in the Contract Sum or the Contract Time and inconsistent
with the intent of the Contract Documents. Such changes shall be written orders and
shall be binding on the Owner and Contractor. The Contractor shall carry out SUCl1
written orders promptly.
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6.3� If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or froin those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to
equitable adjustment.
Article 7
CORR�CTION OF WORK
7.1 The Contractor shall promptly correct Worlc rejected by the Owner's Representative
because of failure to conform to the requirements of the Contract Documents. Such
failure constitutes default and is subject to the provisions in Section 2.3. The Contractoc
shall bear the cost of correcting such rejected Work.
7.2 In addition to the Contractor's other obligations including warranties under the
Contract, the Contractor shall, for a period of one year after Substantial Completion,
correct worlc not conforming to the requirements of the Contract Documents.
7.3 If the Contractor fails to cure the default in accordance with Section 2.�, Owner may
cure it and the Contractor shall reimburse the Owner for the cost of coc-rection.
Articic 8
TIM�
8.1 Time limits stated in the Contract Documents are of the esse�ice of the Contract.
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8.2 If the work is delayed at any time by change orders, labor disputes, fire, uni�sual delay
in deliveries, unavoidable 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 COMPL�TION
9.1 CONTRACT SUM
The Contract Sum stated in the Contract, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Worlc under the
Contract Documents. A 10% retainage will be required for all projects exceedin`�
$4000.00.
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9.2 APPLICATIONS FOR PAYMENT
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9.2(a). At least ten (10) days before the date established for each progress payment, the
Contractor shall submit to the Owner's Representative an itemized "Application for
Payment" for operations completed in accordance with the values stated in the Contract.
Such application shall be supported by data substantiating the Contractor's" right to
payment as the Owner or Owner's Representative may reasonabl}� require and reflecting
retainage if provided for elsewhere in the Contract Documents.
9.2(b). The Contractor warrants that title to all Work covered by an Applicatio�l for
Payinent will pass to the Owner no later than the tiine of payment. The Contractor
further warrants that upon submittal of an Application for Payment, all Worl< for which
Certificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor's lcnowledge, information and beliei�, be i�ree
and clear of liens, claims, security interests or other encumbrances adverse to the Owner's
interests.
9.2(c). The Owner's Representative will, within seveil days atter receipt of the
Contractor's Application for Payment, either issue to the Owner a Recluest f'or Payment,
with a copy to the Contractor, for such amount �s the Owner's Representative cletermines
is properly due, or notify the Contractor and Owner in wi-itin� of tlle O�vner's
Representative's reasons for withholding payment in part or in �vhole.
9.3 PROGRCSS PAYMGNTS
9.3(a). Atter the Owner's Representative has issued a Request for Payinent, tll� OWIl(;I'
shall make payment based on a Percentage of Completion schedules provided to the
Owner by the Contractor. This schedule requires mutual agreement evidencecl by
signatures representing "both" parties, which shall become a part of this Contract.
9.3(b). Upon receipt of payment from the Owner the Contractor shall promptly pay eacll
subcontractors and material suppliers, out of the amount paid to the Contractor based on
the worlc completed.
9.3(c). Neither the Owner nor the Owner's Representative shall have the responsibility
for the payment of money to subcontractors or material suppliers.
9.3(d). A Request for Payment, progress payment, or partial or entire use or occupa�lcy
of the project by the Owner shall not constitute acceptance of Worlc performed if it is not
in accordance with the requirements of the Contract Documents.
9.4 FIiYAL COMPLETION AND FINAL PAYMENT
9.4(a). Upon receipt of a final Application for Payment with all required docu»lents, tlle
Owner's Representative will inspect the Work. When the Owner's Representative f7izds
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the Work acceptable and the Contract fully performed, the Owner's Representative will
promptly issue a final Request for Payment.
9.4(b). Final payment shall not become due until the Contractor submits to the Owner's
Representative releases and waivers of liens, and data establishin� payment or
satisfaction of obligations, such as receipts, claims, security interests or encurnbrances
arising out of the Contract and any other documents, certificates, surveys or warranties
required by Contract Documents.
9.4(c). Acceptance of final payment by the Contractor, a subcontractor or a�naterial
supplier shall constitute a waiver of claims by that payee except those previously made in
writing and identified by that payee as unsettled at the time of final Application for
Payment.
Article 10
SAF�TY PRECAUTIONS AND PROGRAMS
10.1 The Contractor shall be responsible for initiating, maintaining, and su��ervisin� all
safety precautions and programs, including all those required by law in connection with
performance of the Contract. The Contractor shall promptly c-emedy loss and dama�e to
property caused in whole or in part by the Contractor, a subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts they may be li�ble.
Articic 11
TCRMINATION OF TH� CONTRACI'
11.1 TERMINATION BY THC CONTRACTOR '•
If the Owner fails to make payments when due or breaches any other tei-ms of this
Contract, the Contractor may terminate the Contract, upon written notice to the Owner,
and recover from the Owner payment for Worlc executed and for proven loss �vith respect
to materials, equipment, tools, construction equipment and machinery, including
reasonable overhead, profit and damages.
11.2 TERMINATION BY THE OWNER
11.2(a). The Owner or the Owner's Representative upon �vritten consent fi•om Ow�ler,
may terminate the Contract if the Contractor:
l. consistently, persistently or repeatedly refiises or fails to supply enough
properly skilled workers or proper materials;
2. fails to inake payinents to subcontractors for materials or labor in
accordance with the respective agreements between the Contractor and the
subcontractors;
3. violates federal, state or local laws, ordinances, rules, regulations or orders
of a public authority having jurisdiction; or
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4. Is otherwise in breach of a provision of the Contract Documents.
11.2(b). When any of the above reasons exist, the Owner, after consultation with the
Owner's Representative, may without prejudice to any other rights or remedies of t11e
Owner and after giving the Contractor and Contractor's surety, if any, written notice,
terminate the employment of the Contractor and may:
1. talce possession of the site and of all materials thereon owned by the
Contractor;
2. Finish the Work by whatever reasonable means or method the Owner may
deem expedient.
11.2(c). When the Owner or Owner's Representative terminates the Contract for one of
the reasons listed in 11.2(a), the Contractor shall not be entitled to receive fiirtlzer
payment until all the Work is completed and accepted.
11.2(d). If the unpaid balance of the Contract Sum exceeds costs to finish the Worl<, SL1CIl
excess shall be paid to the Contractor. If such costs exceed the unpaid balaiice, the
Contractor shall pay the difference to the Owner. This obligation for payment shall
survive termination oFthe Contract.
Article 12
ASSIGNS
12.1 This Contract may not be assigned by either party.
Article 13 ' •
GOVERNING LAW '
13.1 This Contract shall be governed by and construed in accordance with tlle laws of the
State of Texas.
Article 14
PERFORMANCE OF CONTRACT
14.1 The obligations under the terms of the contract are pertorinable in Tarrant County,
Texas.
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Article 15
V�NUE
15.1 The parties hereto hereby consent that venue of any action brought under this
Contract shall be in Tarrant County, Texas.
Article 16
S�V�RABILITY
16.1 If one or more of the provisions of this Contract is held invalid, unenforceable or
illegal in any respect, the remainder of the Contract shall remain valid and in fiill force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in Fort Worth,
Tarrant County, Texas, this ��N day of �: ��e(/,q!�, AD 20 Dd •
Fort Worth Housing Finance Corp.
Owner
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Contractor
By: G�� �
Name Titl�
Acicnowledged by:
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Fo� ity of Fort Wort� Housing Department
as wner's Representative
APPJZOVED AS TO FORM AND LEGALITY
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Contract Authorization
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ADDENDUM #1
A minimum of five (5) inspections is required:
(1) FIRST REQUIRED INSPECTION
Foundation- No concrete shall be placed without the steel, poly, plLllllblllb and beams
inspection. After inspection is completed and the slab is poured the contractor will
receive the first draw in the amount of 18% of the contract price.
(2) SGCOND REQUIRED INSPECT[ON
Framing- after the house has been framed, deciced, cornice installed, rooting �nd siding is
coinpleted. The contractor will receive the second draw ii1 the anlot�nt of 18�% ol' tlle
contract price.
(3) THIRD R�QUIRED INSPECT[ON
An inspection is renuired after the installation of the drywall, windows, electrical rough-
in, plumbing top-out, hvac rough-in and the wall insulation is completed. Contractor will
receive the third draw in the amoiuit of 18% of the contract price.
(4) FOURTH REQUIRED INSPECTION
An inspection is required after the brick, tape/ bed/ texture, triin-out, intecior and exterior
paint, floor coverings, cabinets �nd counter tops and the plumbing trim-out is compleled.
The contractor will receive the fourth draw in the amount oP 18% of the contr�let pcice.
(5� F[FTH RCQUIRGD INSPECT[ON �
Final inspection- All finish worlc completed. Drive and approach, grading,. electricll,
hvac, attic insulation and the Building card has been completely signed off as beii��
complete. The contractor will receive the fifth draw in the amount of 18% of the contract
price.
RETA[NAGE
The 10% retainage will be released after completion of the punch list and installation of�
the appliances.
Contractor shall give Owner's representative a three- (3) day notice to schedule the
required inspections.
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ADDENDUM #2
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 (e) CONSTRUCTYON DRAWS
Progress payment shall coincide with the four (4) required inspections.
ADDENDUM #3
PROP�RTY: SSIb Fitzhugh
Fort Worth, Texas
The following items are to be included in the contract for construction:
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Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer lines from tap to house
2-10 Home Buyers Warranty
Cost includes termite certificate
18 Cubic Refrigerator
Five ceiling fans
Landscaping
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