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CM-06-09-193FIRST 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 4, Block "A", Somerset, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, Slides 251-252, Plat Records of Williamson County, Texas, also known as 1611 Somerset 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 $2,580.00, 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". 00104450/sm/mp Page 1 of 2 CUBA n 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: .11r'i Stepha' L. Sheets, City Attorney ALL TEX BUILDING & RESTORATION, INC. By: ,./1Y\ -- t -C.-- Print Name: Liksr. Ge {Y1E,;.te.r'"' Date CITY OF ROUND ROCK By: es R. Nuse, P.E., City Manager q1026iiRCOCe Date Page 2 of 2 All Tex Building & restoration Inc. (936) 760-6560 Fax (936) 856-1937 TO: City Of Round Rock ADDR: JOB: 1611 Somerset Round Rock, TX 78681 Orginal contract cost: Change order cost: 1st draw amount: 2nd draw amount: Total due: $12,420.00 $2,580.00 $0.00 $0.00 $15,000.00 TO: City Of Round Rock ADDR: JOB: 1611 Somerset Round Rock, TX 78681 All -Tex Building & Restoration Inc. (936) 760-6560 Fax (936) 856-1937 _.� .. it N ge 4. , � ... 1 1 1 Replace 1 x 6 fascia 48 1 1 2 Demo cement on left side of foundation 100 1 1 3 Replace 150 amp service and weatherhead 1400 1 1 4 Delete remove & replace countertop -264 1 1 5 Paint all new exterior wood to match 650 1 1 6 Test gas lines only 100 CHANGE ORDER # 1 TOTAL 2084 2 1 1 Upgrade furnace coil to 13 SEER 600 2 1 2 Delete test gas lines -100 2 1 3 Delete arc fault breakers -109 2 1 4 Delete install ground in utility -55 2 1 5 Install base mold in dining 70 CHANGE ORDER # 2 TOTAL 406 3 1 1 Replace dryer at HVAC condenser 70 3 1 2 Install new base pad and level condensor 70 140 CHANGE ORDER # 3 TOTAL Contact Total Total Due 2580 12420 15000 Department: Program: Location: Homeowner: City of Round Rock CDBG Construction Change Order Community Development Home Repair Program 1611 Somerset Dr Round Rock TX 78681 Reed, James Original Contract Price: Previous Change Orders: This Change Order Change Orders to Date: $12,420.00 $2,440.00 $140.00 3 20.773% Max C/O Balance available Note: Cannot exceed $15,000 $2,580.00 $0.00 Page 1 of Date: Change Order No. Contract: 1 07/26/06 3 R -06-04-13-10E8 Justification: Both dryers on hvac system are deteriorated - condensor is not level Contract: C/O #1 CIO #2 C/O #3 Prepared b Project Ma $12,420.00 $2,034.00 $406.00 $140.00 $15,000.00 ager `Moan Change Order Summary: ALL TEX BUILDING & RESTORATION, INC. Contractor By: Title Date Homeowner Date C/O#1 C/O#2 C/O#3 $2,034.00 $406.00 $140.00 $2,580.00 Percent of Original Contract Price Maximum % allowed 21% This Change Order Previous Change Order Total % Change Contract + Change Orders: Approved: Title Date 10/0 20% 21% $15,000.00 City M nager CIPCIIDtp Rouse CDBG Form 5/2006 Change Data Work Write Up Line # (-) or (+) Description of Changes Unit Approx Quantity Unit Price Amount Added Days Calendar / Working NEW + + Replace dryer at hvac condesor EA 2 $35.00 $70.00 NEW Install new base pad and level EA 1 $70.00 $70.00 condensor Total $140.00 0 Contract: C/O #1 CIO #2 C/O #3 Prepared b Project Ma $12,420.00 $2,034.00 $406.00 $140.00 $15,000.00 ager `Moan Change Order Summary: ALL TEX BUILDING & RESTORATION, INC. Contractor By: Title Date Homeowner Date C/O#1 C/O#2 C/O#3 $2,034.00 $406.00 $140.00 $2,580.00 Percent of Original Contract Price Maximum % allowed 21% This Change Order Previous Change Order Total % Change Contract + Change Orders: Approved: Title Date 10/0 20% 21% $15,000.00 City M nager CIPCIIDtp Rouse CDBG Form 5/2006 Department: Program: Location: Homeowner: City of Round Rock CDBG Construction Change Order Community Development Home Repair Program 1611 Somerset Dr Round Rock TX 78681 Reed, James Original Contract Price: Previous Change Orders: This Change Order Change Orders to Date: $12,420.00 $2,034.00 $406.00 1 20.773% Max C/O Balance available Note: Cannot exceed $15,000 $2,580.01 $140.01 Page 1 of Date: Change Order No. Contract: 1 07/09/06 2 R -06-04-13-10E8 Justification: 13) ac standard has increased since contract written CO1 item 6) gas test not necessary 2)existing wiring will not accommodate arc faults - bedrooms must be rewired to use arc faults 21)not necessary ground exists Last)no base existing Contract: C/O #1 CIO #2 Prepared by: Project Manager $12,420.00 $2,034.00 $406.00 $14,860.00 oD Mona Ryan Change Order Summary: ALL TEX BUILDING & RESTORATION, INC. Date By: Title Contractor Homeowner D ZLf Homeowner Date C/O#1 $2,034.00 C/O#2 $406.00 $2,440.00 Percent of Original Contract Price Maximum % allowed 20.770% This Change Order 3.269% Previous Change Order 16.377% Total % Change 19.646% Contract + Change Orders: $14,860.00 / t 0(p Approved: Title Date --� aTheo k!u5e Cit Mana er oco CDBG Form 5!2006 Change Data Work Write Up Line # (-) or (+) Description of Changes Unit Approx Quantity Unit Price Amount Added Days Calendar / Working 13 + Upgrade furnace/coil to 13 SEER EA 1 $600.00 $600.00 0 CO #1 Item 6 - Delete test gas lines EA 1 $100.00 -$100.00 0 2 - delete arc fault breakers EA 2 $54.50 -$109.00 0 21 - delete install ground in utility EA 1 $55.00 -$55.00 0 New + Install base mold in dining LF 20 $3.50 $70.00 Total $406.00 0 Contract: C/O #1 CIO #2 Prepared by: Project Manager $12,420.00 $2,034.00 $406.00 $14,860.00 oD Mona Ryan Change Order Summary: ALL TEX BUILDING & RESTORATION, INC. Date By: Title Contractor Homeowner D ZLf Homeowner Date C/O#1 $2,034.00 C/O#2 $406.00 $2,440.00 Percent of Original Contract Price Maximum % allowed 20.770% This Change Order 3.269% Previous Change Order 16.377% Total % Change 19.646% Contract + Change Orders: $14,860.00 / t 0(p Approved: Title Date --� aTheo k!u5e Cit Mana er oco CDBG Form 5!2006 Department: Program: Location: Homeowner: City of Round Rock CDBG Construction Change Order Community Development Home Repair Program 1611 Somerset Dr Round Rock TX 78681 Reed, James Original Contract Price: Previous Change Orders: This Change Order Change Orders to Date: $12,420.00 $0.00 $2,034.00 0 20.773% Max C/O Balance available Note: Cannot exceed $15,000 $2,580.01 $546.01 Change Data Page 1 of Date: Change Order No. Contract: 1 05/25/06 1 R -06-04-13-10E8 Justification: (1) Gas water heater located in sleeping area must be replaced with electric system. Must upgrade to handle additional load. (2) More deterioration of siding and fascia has occurred since original statement of work was done. Work Write Up Line # (- ) or (+) Description of Changes Unit Approx Quantity Unit Price Amount 8 (+) Replace 1" X 6" facia LF 12 $4.00 $48.00 NEW (+) Demo cement on left side foundation sqft 10 $10.00 $100.00 NEW (+) Replace 150 amp electric service & weather head ea 1 $1,400.00 $1,400.00 16 (-) Remove & replace existing countertop ea 1 $264.00 -$264.00 NEW (+) Paint all new exterior wood to match and replace wall plate /studs if needed ea 1 $650.00 $650.00 New (+) Test gas lines only ea 1 $100.00 $100.00 Prepared by: (� Project Manager Mona yan 7-6 d‘ Date ALL TEX BUILDING & RESTORATION, INC. By: Title Contractor 1/17\Al 7/7WC& Homeowner 773 Datil Q(c) Homeowner Date Added Days Calendar / Working 0 0 0 0 0 0 Total $2,034.00 0 Percent of Original Contract Price Maximum % allowed 20.770% This Change Order 16.377% Previous Change Order Total % Change 16.377% Contract + Change Orders: $14,454.00 0/0 Approved: Title Date --�JatneSR. ijt City Mana er CDBG Form 5/2000 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 4, Block A, Somerset (1611 Somerset Dr) for a change order in the amount of $2580. 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 -06-04-13-10E8. 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: $15,000.00 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