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CM-06-09-190FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR PROGRAM CONTRACTOR AGREEMENT This First Amendment to the Community Development Block Grant (CDBG) — Community Housing Repair Program Contractor Agreement, hereinafter called the "First Amendment" is made by and between the City of Round Rock, a Texas home -rule municipal corporation, hereinafter called the "City" and ALL TEX BUILDING & RESTORATION, INC., hereinafter called the "Contractor". WHEREAS, the City and Contractor executed that Community Development Block Grant (CDBG) — Community Housing Repair Program Contractor Agreement, hereinafter called the "Agreement", on the 136 day of April, 2006; and WHEREAS, the Agreement was entered into between the City and the Contractor for the rehabilitation of Lot 2, Block "G", Mesa Ridge Section 1, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet D, Slide 3, Plat Records of Williamson County, Texas, also known as 1507 E. Mesa Park Drive, Round Rock, Texas, hereinafter called the "Property", in accordance with the Statement of Work, as defined and provided for in the Agreement; and WHEREAS, the Contractor may deviate from the work described in the Statement of Work through a change order approved by the owner of the Property and authorized by the City, as an amendment to the Agreement; WHEREAS, it has become necessary to amend the Agreement to provide for a change order to the Statement of Work; NOW THEREFORE, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and the Contractor agree that said Agreement is amended as follows: Agreement: 1. In accordance with Section 3.12 of the Agreement, the owner of the Property, Contractor and City mutually agree to the alteration of the Statement of Work in accordance with the work described in the change order attached hereto and incorporated herein as Exhibit "A". 2. In accordance with Section 1.3 of the Agreement, the Contract Amount, as the term is described in the Agreement and the change order, in the amount of $576.00, do not exceed a total of $15,000.00. 3. The Contractor is authorized to deviate from the Statement of Work in accordance with the work described in the change order provided in Exhibit "A". 00104448/sm/mp Page 1 of 2 C tti1- oto - ?1 U 4. Capitalized terms not otherwise defined in this First Amendment shall have the meanings ascribed to them in the Agreement. 5. Except as amended hereby, the Agreement as originally written remains in full force and effect. 6. This First Amendment may be executed in multiple counterparts, which, when combined together, shall constitute an original of this First Amendment. In addition, facsimile signatures of the parties shall be effective on all counterparts of this First Amendment. 7. This, First Amendment together with the Agreement, embodies the entire agreement of the parties hereto, and is binding upon and inures to the benefit of the parties to this First Amendment and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns and incorporates all previous correspondence or communication, whether written or oral. The Agreement, as amended hereby, can only be further modified or varied by written instrument subscribed to by the parties hereto. IN WITNESS WHEREOF, the City and the Contractor have executed this First Amendment on the dates indicated. Approved as to form: Stepha L. Sheets, City Attorney ALL TEX BUILDING & RESTORATION, INC. By: ,'ti" ' cvvvvr---- Print Name:,ONote _l Date CITY OF ROUND ROCK By: J J es R. Nuse, P.E., City Manager jclacap Date Page 2 of 2 All Tex Building & restoration Inc. (936) 760-6560 Fax (936) 856-1937 TO: City of Round Rock ADDR: JOB: 1507 E Mesa Park Round Rock, TX Orginal contract cost: Change order cost: 1st draw amount: 2nd draw amount: Total due: $7,033.00 $576.00 $0.00 $0.00 $7,609.00 TO: City of Round Rock ADDR: JOB: 1507 E Mesa Park Round Rock, TX All -Tex Building & Restoration Inc. (936) 760-6560 Fax (936)856-1937 1 2 1 1 1 1 Upgrade furnace/coil to 13 SEER CHANGEORDER # 1 TOTAL Delete plug at wall adjacent to kitchen CHANGE ORDER # 2 TOTAL Change Order Total Contact Total Total Due 600 600 -24 -24 576 7033 7609 Department: Program: Location: Homeowner: City of Round Rock CDBG Construction Change Order Community Development Home Repair Program 1507 E Mesa Park Round Rock TX 78664 Munoz, Felipe and Claudia Original Contract Price: Previous Change Orders: This Change Order Change Orders to Date: 25% Change Order Max Balance available $7,033.00 $0.00 $600.00 0 $1,758.25 $1,158.25 Change Data Page 1 of Date: Change Order No. Contract: 1 07/09/06 1 R -06-04-13-10E9 Justification: Work Write Up Line # (-) or (+) Description of Changes Unit Approx Quantity Unit Price Amount Added Days Calendar / Working 14 + Upgrade furnace/coil to 13 SEER EA 1 $600.00 $600.00 0 0 Total $600.00 0 Prepared by Project Manager Mona Ryan ALL TEX BUILDING & RESTORATION, INC. Date(0._ Contractor By: )71/‘"\A Title 1 C‘ Homeowner Date Percent of Original Contract Price Maximum % allowed 25% This Change Order Previous Change Order Total % Change 9% Contract + Change Orders: $7,633.00 Approved: 9% Title Date l'Apooto CDBG Form 5/2006 Construction Change Order Department: Community Development Program: Home Repair Program Location: 1507 E Mesa Park Round Rock, TX Homeowner: Felipe Munoz Original Contract Price: Previous Change Orders: This Change Order Change Orders to Date: Maximum $ amount Balance available $7,033.00 $600.00 -$24.00 $576.00 $8,791.25 $1,182.25 Change Data Page: Date: Change Order No. Contract: Justification: 1 of 1 07/26/06 2 R -06-04-13-10E9 Item # ( - )or (+) Description of Changes Unit QTY Unit Price Amount Days +1- 12 - Delete plug at wall adjacent to kitchen 1 EA -$24.00 -$24.00 0 Contract: C/O #1 C/O #2 $7,033.00 $600.00 -$24.00 $7,609.00 Project anager -,.J=o6 ALL TEX BUILDING & RESTORATION, INC. Date Change Order Summary: C/O#1 $600.00 C/O#2 -$24.00 By: Title Contractor CJvi6a (ubott owner (9" /1/(ik9 Z Homeowner CF;<(,6 (7",6 Date (e Da e $576.00 Percent of Original Contract Price Maximum % allowed 25.00% This Change Order Previous Change Orders Total % Change Contract + Change Orders: Approved: Title e j Date -0.34% 8.53% 8.19% $7,609.00 me5 R. Mu,5e-) aurQ�agIaDOU CDBG Form 7/2006 DATE: September 25, 2006 SUBJECT: City Manager Approval ITEM: First Amendment to the Community Development Block Grant (CDBG)-Community Housing Repair Program Contractor Agreement with All Tex Building & Restoration, Inc. (Exhibit B to Homeowner Agreement) for the rehabilitation of Lot 2, Block G, Mesa Ridge Section 1 (1507 East Mesa Park Drive) for a change order in the amount of $576.00. Department: Planning Department Staff Person: Mona Ryan, Community Development Coordinator Justification: Unforeseen expenses occurred during the rehabilitation of this property that resulted in change orders. Agreements were approved by City Council in April, 2006 by resolution R -06-04-13-10E9. The Contractor Agreement and Change Order do not exceed a total of $15,000, the maximum allowed per property for the 2005 Community Housing Repair Program. Funding: Cost: $7,609.00 Source of funds: CDBG HUD Entitlement Fund Background Information: This job was bid out using the original scope of work write up that was prepared by a consultant in November, 2004. The homeowner and contractor agreements went through second generation revisions which delayed the solicitation for bids process until January, 2006. Contractors were instructed to bid work exactly as called out in bid documents, even though property inspections revealed additional work that would need to be done. Updated 3-10-05