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HomeMy WebLinkAboutContract 27173CI�Y ���R�T�O�Y � � � - -� CbNi�A�`f I�i4. ,._-. �.� � � 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. _�, � ����4��Q� �� - - - - ; '~��'' ���i!�(: Y i -I r i A 1 R;.�se�:3ii����-f+,�vi - - 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���=. . , '— � � ` (_ ��% J�.•- ` Ov�n�r � � (� �. . , � , � ; � ��j _� :y `- -[1 � . ' Contr-actor ` �Y� I ,+ }_ t � - - � � , � Titie +, '`- ` � J - Acknowledged by: '�` � ,� - y— t . _ ��:_ - ������ �� �o� City of Fort Worth Housing Deparfiaent as Owner's Representative ����� - l� . `. : � f , _' _�� . . , , '�, . _ Cantract Au�hoxi���ior� ��t� 12 APPROVED AS TO FORM AND LEGALITY - 'r . J � Assist�t City Attarney � � -���8iu��� ���u�D � �0�' �����L�a�� �,,'` ',,,� _.a„� �7���1 '� � 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