CM-06-09-192FIRST 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 13th day of April, 2006; and
WHEREAS, the Agreement was entered into between the City and the Contractor for the
rehabilitation of Lot 25, Block "E", Greenhill, Section Three, a subdivision in Williamson
County, Texas, according to the map or plat thereof recorded in Cabinet D, Slides 111, Plat
Records of Williamson County, Texas, also known as 1902 Easton 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 $2,072.00, 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".
0010447/sm/mp
Page 1 of 2
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:
Steph. L. Sheets, City Attorney
ALL TEX BUILDING & RESTORATION, INC.
By:
Print Name: 1,6A4,----
Date
CITY OF ROUND ROCK
By:
mes R. Nuse, P.E., City Manager
q19-61POW
Date
Page 2 of 2
All Tex Building & restoration Inc.
(936) 760-6560
Fax (936) 856-1937
TO: City Of Round Rock
ADDR:
JOB: 1902 Easton
Round Rock, TX 78664
Orginal contract cost:
Change order cost:
1st draw amount:
2nd draw amount:
Total due:
$8,290.00
$2,072.00
$0.00
$0.00
$10,362.00
TO: City Of Round Rock
ADDR:
JOB: 1902 Easton
Round Rock, TX 78664
All -Tex Building & Restoration Inc.
(936) 760-6560
Fax (936) 856-1937
1 Delete paint new siding & trim
-221
1
1
2
Paint entire exterior of home
1829
CHANGE ORDER # 1 TOTAL
1608
2
1
1
upgrade furnace / coil to 13 SEER
600
2
1
2
Delete arc fault breakers
-136
CHANGE ORDER # 2 TOTAL
464
0
0
CHANGE ORDER # 3 TOTAL
0
Change Order Total
Contact Total
Total Due
EXHIBIT
3
5 "An
2072
8290
10362
Department:
Program:
Location:
Homeowner:
City of Round Rock
CDBG Construction Change Order
Community Development
Home Repair Program
1902 Easton Drive
Round Rock TX 78664
De La Vega, Mary Ann
Original Contract Price:
Previous Change Orders:
This Change Order
Change Orders to Date:
25% Change Order Max
Balance available
$8,290.00
$0.00
$1,608.00
1
$2,072.50
$464.50
Page 1 of
Date:
Change Order No.
Contract:
1
05/25/06
1
R -06-04-13-10E6
Justification:
The home's exterior must be
repainted to prevent further
deterioration of original siding.
Change Data
Work
Write Up
Line #
(-)
or
(+)
Description of Changes
Unit
Approx
Quantity
Unit Price
Amount
Added Days
Calendar /
Working
15
(-)
Paint new siding and trim
sq.ft.
200
$1.10
-$221.00
0
NEW
(+)
Paint entire exterior of home
sq.ft.
1,924
$0.95
$1,829.00
0
Total
$1,608.00
0
Prepared by:
Project Manager Mona yan
7
Date
ALL TEX BUILDING & RESTORATION, INC.
Contractor
Homeowner
Date
Percent of Original Contract Price
Maximum % allowed 25%
This Change Order
Previous Change Order
Total % Change
19%
0/0
19%
Contract + Change Orders: $9,898.00
Approved:
Title
Date
id u2e,
Cty Manager
facoo
er
4�
CDBG Form 5/2006
Department:
Program:
Location:
Homeowner:
City of Round Rock
CDBG Construction Change Order
Community Development
Home Repair Program
1902 Easton Drive
Round Rock TX 78664
De La Vega, Mary Ann
Original Contract Price:
Previous Change Orders:
This Change Order
Change Orders to Date:
25% Change Order Max
Balance available
$8,290.00
$1,608.00
$464.00
2
$2,072.50
$0.50
Page 1 of
Date:
Change Order No.
Contract:
1
07/09/06
2
R -06-04-13-10E6
Justification:
14)ac standard has increased since
contract written 8)existing wiring
will not accommodate arc faults -
bedrooms must be rewired to use
arc faults
Change Data
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
8
-
Delete arc fault breakers
EA
2
$136.00
-$136.00
0
Total
$464.00
0
Contract:
CIO #1
CIO #2
CIO #3
$8,290.00
$1,608.00
$464.00
$0.00
$10,362.00
Change Order Summary:
ALL TEX BUILDING & RESTORATION, INC.
Contractor
By:
Homeowner
'7-'
Date
CIO#1 $1,608.00
CIO#2 $464.00
CIO#3 $0.00
$2,072.00
Previous Change Order
Total % Change
Contract + Change Orders:
Approved:
Title
Date
19%
25%
$10,362.00
CDBG Form 5/2006
DATE:
SUBJECT:
ITEM:
September 25, 2006
City Manager Approval
Consider 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 25, Block E,
Greenhill Section 3 (1902 Easton) for a change order in the
amount of $2072.00.
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 -06-04-13-10E6. 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: $10,362.00
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