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HomeMy WebLinkAboutContract 27254C1TY �EGI�ET'��Y ,� , ., ��fV��AC� I�i�. � 7�� ;� FORT WORTH HOUSING FINANCE CORPOR�ATION CONTRACT FOR CONSTRUCTI4N This CONSTRUCTiON CONTRACT ("Contract") is mad� between, Fort Worth Hausin� Finance Comoration ("Owner"} and Vision Homes, Tnc. ("Contractor"}, 1St Day of December. 2001 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 siie address is:.. 311� Sirron Street *Its legal description is: Lot 3 Block 9-R-A Ed�ewood Terrace Addition �Attach an Addendum for rnultiple units eonstructed. The "�wner' Repre�entative" (as defined below) shall compensate the Contractor a total sum of $66,500.00 Sixtv Six Thou�and Five Hundred Dollars & NO/Cents Payment shall be rnade �n accordance with Article 9 of ihis Contract Plan #VHl�i�-d0� The date of Gammencement shall be Deceml�er 14,2041 with a Completion date not to e�ceed � 20 CaIendar Days ("Contract Time"). " Owner and Contractor hereby ag�ree to the following: TERIVIS Al�TD CONDITIOI�� Article 1 GENERAL PRQVISIONS 1.1 T�RMS IISED TN THE CONTRACT 1.1{a). This Contract, the Plans and Specifications for ConstructiQn of this Single Family Home represent the entire and integrated agreement between the parties and are iogether referred to as "Contract Documents". 1.1(b). The term "Work" shall m�an the construction and services required including all labor, materials, equipa�ent and services provided by the Con�ractor to fulfill the Contractox's" obligat�ons and responsibilities undex the Cont�ract Documents. 1.1{c ). The term Owner's Represantative shall mean the City of Fort Worth Housing Department who provides administra�ion of the Contract as described in the Contract Docurnents. The Qwner's Representative will have the authority to act on behal� c�f t,h� Owner anly to the exfe�t pxnvi.ded in the Confract Documents. ��� •� u uv�i-��s u_�til�, �� ��� ����� � ����. ��. _ � - I Revised Novemiier"�il, 'iuut� ` - `� 1.1{d}. This Contract may �e amended or modified ONLY by a mutualiy agreed written madification or in the form of a Change Order. A Change Oz'der shall be a written ordex to the Contractor signed by the "�wn.ex" or �v�mer's Representative to change the Work, Contract Sum or Contract Time. A change order is a part of this Coniract and the Cantract Documents. 1.1(e}. Tha exhibits and addendum's attached together with the change orders are a part af this contract and binding on all parties. Those items include but are not limited ta, Chan.ge Orders, Contractor's Applic�tion and Certifica#e for Payment, Contractor's �davit of Payment of Debts and Claims, and the Certificate af Substantial Completion, Drawings, and other Specifications. Article 2 RESPONSIBILITIES �F THE OWNER 21 TNFORMATIOPT AND SERVICES �.1{a). If requested by the Contractor, the Owner shall furnish and pay far a survey and a legal description of the site. �.1(b). Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Own�r shall obtain and pay for necessary approvals, easements, assessments and charges. �.� OWN�R'S RIGHT TO STOP WORK If �he Contractor fails to comply with the Cantract �errns, the Owner ar the �wner's Representative may dir�ct the Contraciar in writing ta stop the Work until the correction is made. 2.3 OWNER'S RIGHT TO CARRY OUT THE WDRK If the Can#ractor defaults ox neglects to cany out ti�e Wark in accnrdance with th� Con�ract Dacuments and fails within fourteen days (14) from the dai'e of written notice from the Owner or Ownex's Representative ta cure such default, the Owner or Own�r's Representative may, without prejudice to other remedies, cure such defaults. In such case, a Change Order shall be issued deduc�ing the cost of correction frorn payrnents due Contractor. If the default is nat reasonably susceptible to cure by Contractor within the faurteen (14) day period, Owner will not exercise t�.e option fia terminate this agreement so long as the Contractor has commenced to cure th�c default within the fourteen (14) day period a.t�d diligentl� complete the work within a reasanable time. 2 Revised NovembeY 20, 2000 2.4 OWNER'S RIGHT TO PERFORM CO1vSTRUCTION / AWARD SEPARATE CONTRACT �,4(a). The Owner reserves the right to perform construction or aperataons related to the project with the Owner's own forces, and ta award separate contracts in connection with other portians o�the project. 2.4(b}. The Owner sha11 require the Contractor to coordinate and cooperate with separate contractors employed by the Owner. 2.4{e ). The Owner shall require that costs by delays or by imprnpexly tirned activities ar defective constr�xction be borne by the party responsible therefor. 2.5 If a defect occurs and if the Co:atractor does not cure the defect timely according 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 Owr�er far the cost of contracting with the third party and the cost to cure the defect. Article 3 RESONSIBILITIES OF THE CONTRACTOR 3.1 EX�CUT[OP1 O� THE CONTRACT Execution of the Cantract by the Contractar is a re�resentation that the Cantractor has visited the site, become iamiliar with local conditions under which the Work is to be performed ar�d correlated personal observations with requirements o� the Gontract Documents. 3.Z REVIEW OF' CONTRACT DOCUMENTS AND �'IELQ CONDITIOI�[S BY TH� CONTRACTOR The Contractor shall carefully study and eompare the Con#ract Docurnents with each other and with in�ormatzo� furnished by t.he Owner, Before commencing activities, the Contractor shall {1) take field measurements and verify field condidons; (2j careiully com�are this and other information known to the Contractox with the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the Owner's Representative. 3.3 SUPERVISIOI�T AND CONSTRUCTI�N �ROCEDURES 3.3(a). The "Coritractor shall supervise and direct the Work, using "Contxactor's" best skill and attenfian. The Cantractor shall be solely responsible far and have control over construction rneans, methods, techniques, sequences and procedtures, and for caordinating all portions of th� Work. 3.3{k�). Th� Contractor, as soon as practicable a�ter award af the Contract, shall furnish in writing to the Owner through t�e Owner°s Representative the names of subcontractors or suppliers for each portion af the Work. The Owner's Representative wi11 promptly reply Revised November 20, 2000 to the Contractor in writ�ng if the "Owner" or the Own�r's Arch.itect, after due investigatian, has reasonabfe ob3ectian to the subcontractars or suppliers listed. 3.3(c ). The Contractor will comply with Minority/Woman Business Enterprise (M/WBE) requirements as outlined in �kr,e "Specification� for Construction of Single Family Homes". The Owner h.as a minimum goal of �0% of the doll� volume af the contract for ibIWBE participation. 3.4 LABOR AND MATERIALS Unless otherwise pro�ided in ihe �antract Docum�nts, the Contractor sha11 provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. The Contractor shall deliv�r, handle, store, and install materiais in accordance with manufacturer°s instructions. 3.� WARRANTY The Contractar warrants to t�ie Owner and Owner's Representativ� that: {1) materials and equipment furnished under the Contract are new, unused and ai good quality unless otherwise required or permitted by the Contract Documents; (2} the Work will be ftee from defects not inherent in the quality required or permitted; (3) the Wflrk wi11 canfarm to the requirements of the Contract Docum�nts and the Caatractor.shall provide a ten year warranty. 3.6 TAXES T�e Contracfar shall pay sales, consumer, use and similar taxes that are �egally required when the Cantract is executed. 3.7 INSURANCE During the term o� �his cvntract and arxy extension there of, contractor sh�all maintain an insurance paliey with the failowing coverage: 3.7 (a) Cammercial General Lialaility Insura�ce of a mitiimum of $1,400,000.00 per occwrrence. - 3.7 (b) Business Auto Liability Insurance ofa m:inimum af $1,000,OOO.QO each accident. 3.7 (c) Statutory Workers' Compensation Insuran.ce including employer's liability. 3.7 (d) Builder°s Risk Insurance ta cover the propet�.y in the course of the project (against f�re, hail, th�ft, etc. of materials and incomplete construction). 3.7 (e) In addition, the City of Fort Worth and Fart Warth �Tousing Finance Corporation �hall be endorsed as an additional insured on aIl insurance policies. 3.8 P�RMFTS, FEES AND NOTICES 3.8(a). The Gontractor shall obtain azid pa� for the building permit and other permits and governmenf fees, licenses and inspectiona necessary £ox proper execution and completion of the Work. 4 Revised November 20, 2QOp 3,8(b). The Con#ractar shall comply with th� notices required by agencies having jurisdiction over the Work. If the Cantractor performs work knowing it to be contrary to iaws, statutes, ardinances, building cades, and rules and regulations wzthout notice to the Architect, Owner's Repxesentativ� and Owner, fii�e Contractor shall assume full responsibility for such Work and shall bear tbe attributable costs. The Contractor shal� promptly natify the Architec�lOwner's Representative in writing of any lcnown inconsistencies in the Contract Documents with such governmental laws, rules and regulations. 3.9 USE OF S�TE � The Contractor shall coniine operations at the sit� to areas permitted by law, ordinances, permits, the Contraci Documents and the Owner. 3.10 SUBMI'CTALS The Contractor shalI promptly review, approve in writing and submit to the Owner's Representative Shop Drawings, Product Data, Sampl�s, and similar submiitals required by the Contract Docume�ts. Shop Drawings, Product Data, Samples arid similar submittals are not a part of the Contract Documents. 3.11 CUTTINC A1�ID PATCHING The Contractor shall be responsible for cutting, fitting or patching required ta complete the Work or ta make its parts fit together properly. 3.1� CL�ANING LTP The Contractor shall keep the premises arid surrounding area free fram accumulation of debris and irash related to the Woric. 3.13 IND�M1VIk'ICATiON Contractor cavenant� and agrees to and daes hereby indemnify, ha�d harmless and defend, at its ov�m e�pense, Owner's Representative, its officers, ag�nts, serva�ts and employees, from aind against any and all clairns ar suits fnr prop�rty loss or damage and/or person.ai injury, including death, to any and alI persons, of whatsaever kind or character, whether reat or asserted, arising out of or in connection; with, directly or indirectly, #he �vork and services to be perfonned hereunder by Cantractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not_ eaused� in whole or in nart, bv t�e al�e�ed ne�6gence_of _the offcers,_ agen#s,_ servants,, emplovees, contractars, subcontractors, licensees and invitees of the Owner's Representative; and said Contractor does hereby covenant and agree to assiune all liability and responsibility of Owner, Owrter's Representative, its officers, agents, servants and employees �ar any and all claims or suits for property loss or damag� and/or personal injury, including death, to any and all persons, af whatsoever kind or character, whetl�er real or asserted, arising out of or in cannection with, dixectly or indixectly, the work and services to be per£ormed hereunder by Can.txactor, its officers, agents, ernployees, subcanl�ractars, license�s or invitees, whether ar not caused, in whole or in, part, by fhe alIe�ed ne�ligence of thc officers, a�ents._ servants,. emnloyces, 5 Re�issd November 20, 20U0 contractors, sa�icontractors, licensees and invitees af the Owner's Renresentative, Contractor likewise covenants and agrees to, and does hereby, inaemnify and hold harmless Owner's Repre�entatiwe frot�n and agairtst any and al� injuries, damage, ias� ar destruction to property of Owner's Representative during the perfarmance af any of the terms and conditions of this Contract, whether arisin� out of or xn connectia� with or, resultin� fram. in whale or in nart, anv a�nd_ aIl alle�ed acts or omissions affrcers, s�ents, serva�ts, emplovees. contractors. subcantractors. licensees, invitees ot Owner's ReAresentative. � Article � OWNER'S REPRESENTATIVE RESPQNSYBILITIES 4.1. The Owner's Representative will visit the site at intervals appropriate to the stage af �onstruction to becorn� generaliy familiar with the progress and quality of the Work. 4.� The Owner's R�presentative does not have control aver or be in charge of or be responsible for construction means, methods, techniques, sequences or pracedures, ar for safety preeautions and programs in connection with the Work, since these are soiely the Contractor's r�sponsibility. The 4wner's Representative wil! not be responsible for th� Contractor's failure to carry out the Work in accordance with the Cantract Documents, 4.3 The Owner's Representative shall have th� authority to reject Wark that does not conform fo the Contract Documents. 4.� The Owner's Rcpresentative's duti�s, xesponsibilities and limits of authority as described in the Contract Documents will not be chang�d without writt�n consent af the Owner. 4.5 Based on the Owner's Representative's abservativns and evaluations of the Contractor's Application for Payment, the qwner's Representative will review and certify the amounts due the Contractor. 4.6 The Owner's Representative will promptly review and approve ar take appropriate actians upon Contractor's submittals such as Shop Drawings, Product Da�a and Saanples, hut only for the limited purpose of cheeking for conformance with information given azzd the design concept expressed in the Cantract Documents. 4.i The Owner's Representative will pramptly interpret and decide matters conce:rning performance under any requixements of the Contract Dacuments on written request of eitl�er the Owner or Contractor. 4.8 The Ovvner's Representative can require additional testing if necessary or minor change order as provided in Section 6.3. Re�ised Navember 20, 200Q 4.9 The Owner's Representative shall terminate the contract upvn written approval by Owner. 4.10 Interpretatians and decisians af the Owner's Representative will be consistent with the intent of arid reasonably inferable from ihe Cantract Documents and will be in writing or in the form of drawings. When making such interprefiations and decisions, #he Owner's Representative wil! end�avor to secure faithfui performance by both Owner and Contractor, wil! not show partiality ta either and will not be liable far results of interpretations or decisions so render�d in good faifh. Article 5 TESTING AND INSPECTIONS 51 Tests, inspections and approvals af partions of the Work required by the Contract Documents or by Iaws, ordinances, rules, regulations or orders of public authonties havit�g jurisdictian shall be made at an appropriate time. If the Owner's Representative requires addrtianal testing, the Contractor shall periarrn ihes� tests. S.2 The C)wner shall pay for additional tests except for testing Work �aund to be defective for whic�► the Contractor sha�i pay. Article 6 CHA1�iGES Ylii THE WORK G.1 After execuiifln of the Contract, ch�c�ges in th�e Wark may he accomplished by Change Order ar by order far a minor change in the Work. The Owner, withaut invalidating the Contract, may arder changes in the Wvrk witlun general scope oi th� Cantract consisting of additio�ns, deletions or othcr revisians, the Cont�act Suin and Cantrac# Time b�ing adjusted accardingiy. 6.� The Owner's Representative will have the authority to order minor changes in the Work not involving changes ir� the Con�tract Sum or the Coniract Time and ineonsistent with the intent of the Contract Documents. Such changes shall be written orders az�d shall be binding an the Owner and Contractor. T�e Contractor shall carry out such written orders promptly. 6,3 If concealed or Lu�lcn,own physical conditions ara encountered at the site tl�ai differ materially fram those indicat�d in the Contract Documents or from those conditions ordinaril� found to exist, the Contract Sum and Contract Time sha�l b� subject to equxtable adjus�rrient. 7 Revised November 20, Z000 A�rticle i co�cT�orr oF wo� 'i.l The Contractor shall prornptly correct Work rejected by the Owner's Representative because of faiiure to confo;rm to the requirennents of the Con#ract Documents. Such failure constitutes a default and is subject to the pro�isions in Section 2.3. The Contractor shall bear the cost of correcting such rejected Wark. 7.2 In addition to the Contractar's other ohligations including wat�'anties under the Contract, the Contractar shall,_ for a period of one year after Substantial Corr�pletion, correc� work not conforming to the req�irements of the Contract Documents. '�.3 If the Contractor fails to cure the default in accordance with Section 2.3, 4wner may cure it and the Contractar shall reimburse th� Owner for the cost of cortection. Article 8 TIME �.1 Time limits stated in the Contract Documents are of the essence of the Contraet. �.� If the work is delayed at any time by change orders, labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, the Contract Time shall be extended by Change Order for such r�asonable time as the Owner's Representative may determine. Article 9 PAY111iiE�iTS AND COMPLETIOI�T 9,1 CONTRACT 5UM The Contract Sum stated in the Contract, including authorized adjustments, is the tatal amount payabl� by fhe Owt�er to the Contractor for performance of the Work under the rnntract Documents. A 10% reiainage will be required %r all projects exceeding $40p0.00. 9.2 APPLICATION5 FOR PAYMENT 9.2(a}, At least ten {10) days before the date established for each progress payment, the Contractar sha11 submit ta the Owner's Representative an itemized "Applicatiqn for Payment" for operations completed in accordance with the valnes stated in the Contract. Such applicatian shall be supported by data subsiantiating #he Contractar's" xight to gayment as the Owner or Owner's Representative may reasonab�y require and reflecting retainage if provided for elsewhere in the Contract Documents. Revised November 20, 200U 9.2(b). The Contractor warrants that title iv all Work cavered by an Application fax Payment will pass to the Owner no later than the time af payment. The Contractor further warrants t�Zat upon subrnittaf of an A}�piication for Payment, all Work for which Gertificates for k'ayrnent have been pre�iously issued and �ayments recei�ed from the Owner shall, to the best oi the Contractor's knowledge, informatian and belieF, be free and clear of liens, claims, security interests ar oiher encumbra.nces adverse to the Owner's interests. 9.�(c). The Owner°s Kepresentative will, within seven days after receipt af the Contractor's Appli�ation for Payment, either issue to the Owner a Request for Payment, wiih a copy to the Contractar, for such amount as the Owner's Representative detertnines is properly dus, or notify the Contractor and Owner in writing of the Owner's Representative's reasons for withholding payment in part or in whole. 9.3 PROGR�SS PAYMENTS 9.3(a}. After the Owner's Representative has issued a Request for Payrnent, the Owner shall make payment �ased on a Percentage of Compl�tion schedule provided to the Owner by the Contrac�or. Th.xs schedule requires mutual agreement evidenced by signatures repxes�nting "bath" pariies wi�ich shall become a part of this Con�xact. 9.3(b). Upon xeceipt of Qayment from the Owner the Contractor shall promptly pay each subcontractors and material suppliers, out of the a�nount paid to the Contractor based on. the wor� completed. 9.3(c). Neither the Own�r or the Owner's Reprasentativ� shall have the r�sponsibility for the payment of money to subco�ntractors or material suppliers. 9.3(d}. A Request for Payment, progress payment, or partial ar entire use or occupancy o� the project by t�e Owner shall not constitute acceptance oi Work performed if it is not in accordance with the requirements of the Cantract Documents. 9.4 FII�TAL C�MPLETIOIV AND FINAL PAYMENT 9.4(a}. Upon receipt of a final Application far �'ayment with ali requued documents, the Owner's Representative will inspect tk�e Work. When the Owner's Repr�sentative f nds the Work accep#able and the Contract fuliy �erforrned, the Owner's Representative will pxomptly issue a fnal Request for Payment. 9.4(b). Final paym�;nt shall not become due until the Contractor subrnits to the Owner's Representativ� releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security fnterests or encumbrances �ising out o�' the Contract and any other documents, certificates, surveys or warratities required by Cantract Documents. 9 Revised Nflveraber 20, �.aao 9.4(c), Acceptance of final paytar�ent by the Contractor, a subcantractor ar a rnaterial supplier shall constitute a waiver of clairns by that payee except those previously made in writing and identif ed by that payee as unsettled at the time af f nal Application for Payment. Article 10 SAFETY PRECAUTIONS AND FROGRAMS 14.1 The Cont�actor shall be responsible for initiating, maintaining, and supervising aXl safety precautxons and programs, inciuding all those required by law in connection with performance af the Contract. Tiae Contractor shall promptly remedy lass and damage to praperty caused in whole or in part by the Contractor, a subcontractor, anyona directly or indirectly employed by them or anyone �`or whose acts they rnay be liable. Article 11 TERMINATION OF THE COI'�1TRACT 11.1 T�RMINATION BY TH'� CONTRACTOR if the Owner fails to make payments when due or hreaches any other terms of this Contract, the Contractar may terminate the Cnntract, upon vvritten notice to the Owner, and recover from the Owner payment for Work executed and for proven loss wiih respect to materials, equipment, tools, construction equipment and machinery, including reasanable avex�ead, profit and damages. 11.2 TERMIIVATTON BY THE OWNER 11.�(a). The Owner ar the Qwner's Representative upan written conse�at from Owrter, may terrninate the Contract if the Contractor: l, consistently, persistently ar re�eatedly refuses or fail� to supply enaugh properly skilled workers or proper materials; . 2, fails ta make payments to subcontractvrs far inaterials ar labor in accordance with the respective agreements befiween the Contractor and t�e subcontractors; 3, violates federal, state or Iocal laws, ordinances, rules, regulations or orders of a public authority having jurisdiction; or 4, is othexwis� in breach of a provision of the Contract Documents. 11.�(b). When any of the above reasans exist, tt�e Owner, after con�sultation with the Owner's Representative, m�y without prejudiae to any other rights or remedies of the Owner and after giving the Contractor and Contractor's surety, ii any, written notice, terminate the emp�ayment of the Cont�actor and may; . 1, take possessian, of the site an.d oi all materials thereon owned by the Contr�ctor; � 10 - Revised November 20, 2000 2. finish the Work by whatever r�asonable means or methad the Qwner may deem ex�pedien�. 11.2(c }. When the Owner or Qwner's Represe�tativ� tertninates the Contract for ane o� the reasons listed in 11,2(a), the Cantractor shall nat be entitled to receive further payment until ali th� �ork is completed and accepted. 11.2{d). If the unpaid balance of the Can,tract Sum exceeds costs to finish the Work, such excess shall be paid to the Contractor. If such costs exceed the t�npaid balance, the Contractor shall pay the differe�ce to th� Owner. Tliis obIigation for payment sha11 survive termination of the Contract. Article 1� ASSIGNS 1�.1 This Contract rnay not be assigned by either party. Articre i3 GOV�RNING I.,AW 13,1 This Contract shall b� governed by and construed in accardance with the laws o� the S#a,te of Texas. Article 14 PERFORMAIlTCE QF C41�1TRACT 1�.1 Thc obligafions under the terms af the cantract are perfort�ahl� in Tarrant C�unty, Texas. Article 1� VEI�TUE 15.1 The parti�s hereto hereby consent that venue of any actian bxought under tlais Contract shall be in Tarrant Caunty, Texas, 11 Revised Novemher 20, 200q A�rtiele iG SEVERABILITY 16.1 If one or more of the provisions of this Contract is held invalid, unenforceable or il3egal in any respect, the remainder af the Contract shall remain valid and in full forc� and �ffect. TN WITNESS WHEREOF, the parties her�to ha e exect�ted this Contract in Fort 'VVorth, �� Tarrant County, Texas, this .� day of ���,A.D. �. ������ �� I �.,. IM. -- - ;-� � _. � _ � �, l ' / �:.'�� �,-_�:.r-, s ��� . ac't Autht�sf ���os� , � _ - � ,� . _ Ovi(n�r V� ,`74QR �1b[YL�� �SLG. , Contractor B : �.. � � . ��'��c��1 �`_' � �. Title Acknowledged by: t fl _ �•,,.� � - For' City of Fort Worth Housing D�partment as Owner's Representative APPR4VED AS TO FORM AND LEGALITY n_.y��-�]�+1 ��� Assis � City Attorney 12 � "^ ��V��� ����f� � � � �������� �{'�� ������a. �� � Revised November 20, 2000 ADDEI�IDUNI #1 A minimum of �ve (�) inspections are required: {1} FIR5T REQUIRED I1�ISPECTION Foundation- No cnncrete shall be placed without the steel, poly, plumbing and beams inspection. After ins�ectian is completed and the s1aY� is poured the contractor will receive the f rst draw in the amount of 1 S% of the contract price. (2) SEC�ND REQUIRED INSPECTION Fr�ming- After the house has been framed, decked, cornish installed, rooiing and siding is completed. The contractor will receive the second draw in #he amaunt of 1 S% of the contract price, (3) THIRD REQUIRED INSPECTION An in,spection is required after the windows, etectrical rough-in, plumbing tap-out, hvac rough-in and the wall insulation is compieted( prior to installation of drywall). Contractor vvill receive the third draw in #he amount of 18% o�t�e cantract price. (4) FOURTH REQUIRED YNSPECTION An inspection is required after the installation of the drywall, brick, tape/ bed/ texture, trim-out, interiar and exterior paint, floor coverings, cabinets aza.d counter �tops and the plumbing trim-aut is completed. The contractor witl receive the fourth draw in the amount of 18°/a af the contract price. (5) FIFTH REQUIRED TNSPECTION Final inspection- All finish work completed. Drive and appraach, grrading, electrical, hvac, attic insulatian and the Building card has been completely signed off as being complete. The contractar will rcceive the fifth draw in the amount of 18% of the contract price. RETAIl�I'AGE The 10% retainage will be r�leased after compietion of the punch list and installation of the appliances. Cantractar shall give Owner's representa�ive a ftve (5) day notice to schedule the required irispections. 13 ltevised Navember 20, 2000 ADDEND�iJI�i #2 Add to Article 9 Paragraph 9.3 Progress payment. 9.3 {e} CONSTRUCTION DRAWS Progress paymen# shall caincide with the five (5) required inspection�. ADDEl�TDUIVI #3 PROPERTY: 3120 Sirron St. Fo�rt Worth, Texas The following items axe to be included in the contract for construction: Site prep and dirt worfc Driveway Curb cut Approach - Water and sewer lines from tap to hfluse Cost includes termite certificate 2-1Q Home Buyers Warranty 18 Cubic Refrigerator w/ice makex Two ceiling fans Landscapitxg — Refer to Specifications ADDEI�DU1Vi #4 ORDII�TANCE N�. _14171 Al�i ORDIAl�TCE AME1�D�iG THE CODE OF THE CITY OF FORT WORTH (198G) AS AMENDED, BY THE ADDITIOI� OF SECTION '���0 Eli1TITLED `�ACCESSIBILITY STAI�IDARD FOR CERTAIl� CITY ASS�STED HOUSII�TG COI�STRIICTIOl�i PROGRAMS" REQUIRI1�iG CERTAII�T BUILDI�;G STANDAIYDS I1V CITY ASSTSTED HOUSII�iG PROGRANIS TO PROVIDE BASIC ACCESS TO PERSONS WITH DISABLITIES; PROVIDING THAT THIS ORD�NANCE SHALL BE CUMULAT�VE QF OTHER ORDIliTA1�CES; PROVIDIIVG A SEVERABILZTY CLAUSE; AND PROVIDING AIiT EFFECTIVE DATE 14 Revised Novernber 20, 2000 WHEREAS, person with dis�bilities and their irnmediate families a�re often isolated in their own homes because the homes of their acquaintances contain insurmountable barriers, and often experience difficulty in finding a snitable house to rent or buy; and WHEREAS, c�rtain features in housing constructian make new houses more accessible and livable for persons with disabilities and thus enhance the qualiiy of life for these persons. WHEREAS, the City ai Fort Worth is committed ta provide accessii�ility to persons with disabilities through its housing programs. NOW, THEREFORE, BE IT ORDATNED BY THE CTTY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. This ordinance is to require certain standards in the ca�struction of new single family dwellings, duplexes and triplexes that are constructed with city assistance as SECTI�N 2, to rriake houses more accessible for persons with disabilities. SECTION �. Tl�e following requirem�nts shatl be applicable to the cons�ruciion of new single- family dwelling, duplexes, and triplexes {"Applicable Dwelling Units"), with city assistance. For purpase of this ordinance, "Cl� �SSIS#ai1C�" shall rnean funds for the construction of Applicable Dwelling Units in and city-funded program, with the funding souxce af CDBG, HOME or any oth�r federal, state or local hausing prograrns. SECTIOI�T 3. The following design requirements shall apply: Requirement i . Building Entrance Applicable Dwelling Units mus� provide at least one building entrance �n an accessib�e route �served by a no- step entranee ar a ramp in compliance with the CABOIANSI- A117.1, Accessible and Usable Buildings and Facilities Standard, as adopted by the Fort Worth Building Code ("Accessibility Sta�d�rd"} and having a maximum slope not to exceed ane in twelve {1:12); unless it is impractical to do so because oiterrain or unusual characteristics of the site as determined by a City of Fort yG'orth building official ("City building Official") upon review of the written request set forth in SECT�ON 4, The building entrance doors ahall comply with the Accessibility Standard and shall ha�e a 15 Revised Novembar 20, 2000 minimum clear opening o� 3z inch�s. The entrance may be at the front, side or back of a dwelling as long as it is s�r�ed by an accessible route such as a garage or sidewalk. Requirernent 2. Interior do�rs. AlI Applicable Dwelling Units, whetl�er or not on an accessible raute, shall provide doors designed to a�low sufficient width for the passage o� wheelchairs. Exce�t those serving closets less than 15 �quaze feet in area, znterior doors within an Applicable Dwelling Unit rnust provide a minimurn af 30" clear opening. A 2'8" door or standard f>'0 sIiding patio door assembly is deemed sufficien# to comply v�ith this requirement, provided however, compliance wi#h requirements on Maneuvering Clearance at Daors in the Accessibility Standard shali not be mandatory. Requirernent 3. Acccssible routes into and thrQugh the Applicat�le Dwelling Unit. An Applicable Dwelling Unit must provide as accessible route through the Itallways and passageways of the first floar of the unit. Further, the accessible route rnust provide a minimum of width of 35", except through doors, and be level with ramped or beveled changes at dQor #hresholds. Requirerrient �. Wall reinforcernent in bathroom. Reinforcement in the walls sha11 be provided at designated locations as specified by the Accessibility Standard, so that grab �ars may be installed, if needed, at a iater date without the necessity of removing partions of the e�isting wall. Requirement 5. Light s�w�itches, elecirical outlets, thermostats and other environmental controls. A!1 Applicable Dwelling Units shall be designed and constructed to contain light switches, electrical outlets, thermostats and other controls in compliar�ce with the requirement of the Accessibility Standard. Where multiple controls sen+e the same elements {e.g., two remo#e switches for a Iight} only orae mus� be accessible. SECTIO�i 4, sECTION 3 Requirement 1(Building Entrances} may be waived by the Buildin$ Official when in �iis/her opinian, due to grade or site conditions ("Conditions"), access by ramp is unattainable. A person requesting said waiver shall file a wxitten request ("Request") with the City Building Official at the City of Fort Worth Development Department and include all documents necessary to pro�ve the existence of the Conditions. The Request shall demonstrate that the Conditions on the site render it impossible ta camply with the requirement for exterior accessibility in this ordinance. Within 10 calendar days from the receipt of a comple�ed Reques�, the City Building Official shall render a written decision. A copy o� the decision shall be filed in the afficial recards 16 ftevised November 20, 2000 of the Develapment Department. Appeals to the City Buildiz�g Official's deeision shall be made to the Construction and Fire Preventian Baard .in accordance with Sec�ian 7-47 of the City Code. SECTiON �. This ordinance shall be cumulative o� all pravisions of ordinances and of the Code of the City of Fort Worth, Texas (19$6}, as amended, except where the pravisions o#' this Ordinance ar� in direct conflict with the pravision5 af such ardinanc�s and such Code, in which event conflictin� provisions o� such ordinances and such Code are hereby repealed. SECTIOI�i 6. It is hereby declared ta be #he intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrases, clause, sentenc�s, paragraph or section of this ordinanee shall be declared unconstitutional by the valid judgment or decree of any court of compctent jurisdiction, such unconstitutionality shall nat affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been. enacted by the City Council without the incorporation in this ordinance of any such unconstitutiona� phrase, clause, sentence, paragraph or section. SECTION 7. This ordinancc shall iake effect and be in full force and effect from and after the date af its passage, and it is sa ordained. 17 Revised November 20, 206D