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CM-06-09-188FIRST 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 22, Block D, Chisholm Valley Section 2, a subdivision in Williamson County, Texas, also known as 701 Buckskin Drive, Round Rock, Texas, 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 $1,392.00, 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". 00104445/sin/nip 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: Stepha L. Sheets, City Attorney ALL TEX BUILDING & RESTORATION, INC. By: Print Name: Date CITY OF ROUND ROCK By: es R. Nuse, P.E., City Manager Date Page 2 of 2 TO: City Of Round Rock ADDR: JOB: 701 Buckskin Round Rock, TX 78681 All -Tex Building & Restoration Inc. (936) 760-6560 Fax (936) 856-1937 Change Order Totals Contract Total Total Due .1!) a EXHIBIT $1,392.00 $12,895.00 $14,287.00 $25.00 1 1 1 Install back flow preventer at hose bibb 1 1 2 Install hose bibb $25.00 1 1 3 change encapsulate to stabalize -$125.00 1 1 4 Reduce drywall -$344.00 1 1 5 change encapsulate to stabalize -$375.00 1 1 6 change encapsulate to stabalize -$5.00 1 1 7 change encapsulate to stabalize -$60.00 1 1 8 Change to replace door unit $650.00 1 1 9 Replace tub drain in hall bath $125.00 1 1 10 Install access door for tub drain $100.00 1 1 11 install R 19 attic insulation $1,075.00 CHANGE ORDER # 1 TOTAL $1,091.00 2 1 1 Replace toilet in hall bath $325.00 2 1 2 Remove and reinstall water softener $35.00 2 1 3 Replace tank bolts and guts on toilet in master bath $65.00 2 1 4 Delete arc fault breakers -$124.00 CHANGE ORDER # 2 TOTAL $301.00 Change Order Totals Contract Total Total Due .1!) a EXHIBIT $1,392.00 $12,895.00 $14,287.00 Department: Program: Location: Homeowner: City of Round Rock CDBG Construction Change Order Community Development Home Repair Program 701 Buckskin Round Rock TX 78664 Conner, Gina Original Contract Price: Previous Change Orders: This Change Order Change Orders to Date: $12,895.00 $1,091.00 $301.00 1 16.32% Max C/O Balance available Note: Cannot exceed $15,000 $2,104.46 $712.46 Page 1 of 1 Date: 06/27/06 Change Order No. 2 Contract: R -06-04-13-10E10 Justification: 1) toilet base has cracks 2)necessary to replace floors 3)old parts rusted and leaking #5)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 New + Replace toilet in hall bath EA 1 $325.00 $325.00 0 New + Remove and reinstall water softener EA 1 $35.00 $35.00 0 New + Replace tank bolts and guts on toilet in master bath EA 1 $65.00 $65.00 5 - Delete arc fault breakers EA 2 $124.00 -$124.00 Total $301.00 0 Contract Summary: Contract: $12,895.00 C/O #1 $1,091.00 C/O #2 $301.00 $14,287.00 Prepared by: U Y lfN0C—, Project Manager Mona Ryan Change Order Summary: C/O #1 $1,091.00 C/O #2 $301.00 $1,392.00 7.2 (1,o‘, Date ALL TEX BUILDING & RESTORATION, INC. By: Title Contractor &.g)sr c6-1A-)4_e-t- omeowner Homeowner Date Date Percent of Original Contract Price Maximum % allowed 16.32% This Change Order Previous Change Order Total % Change Contract + Change Orders: Approved: Title Date 2.33% 8.46% 10.79% $14,287.00 Jcu 1u56, City M Hager p. tuoti CDBG Form 512006 Department: Program: Location: Homeowner: City of Round Rock CDBG Construction Change Order Community Development Home Repair Program 701 Buckskin Round Rock TX 78664 Conner, Gina Original Contract Price: Previous Change Orders: This Change Order Change Orders to Date: $12,895.00 $0.00 $1,091.00 0 16.32% Max C/O Balance available Note: Cannot exceed $15,000 $2,104.46 $1,013.46 Change Data Page 1 of Date: Change Order No. Contract: 1 06/27/06 1 R -06-04-13-10E10 Justification: Work Write Up Line # (-) or (+) Description of Changes Unit Approx Quantity Unit Price Amount Added Days Calendar / Working 6 + additional back flow preventer EA 1 $25.00 $25.00 0 10 + additional hose bibb EA 1 $25.00 $25.00 0 17 - Change encapsulate to stabilize SF 500 $0.25 -$125.00 16 - Reduce drywall work SF 200 $1.72 -$344.00 18 - Change encapsulate to stabilize SF 1,500 $0.25 -$375.00 19 - Change encapsulate to stabilize SF 22 $0.25 -$5.00 20 - Change encapsulate to stabilize LF 250 $0.25 -$60.00 8 + Replace door unit complete EA 1 $650.00 $650.00 new + Replace tub drain in hall bath EA 1 $125.00 $125.00 new + Install access door for tub drain EA 1 $100.00 $100.00 new + Install R 19 attic insulation SF 1,500 $0.71 $1,075.00 Total $1,091.00 0 Prepared by: Project Manag Mona yan 7.--(0-7)C Date ALL TEX BUILDING & RESTORATION, INC. By: Title a) 4., eft,,,,,,„ 1-6-0 6 Homeowner Date pi.)L1\,.,w (my\Contractor C -e-- 7/ae) Homeowner Date Percent of Original Contract Price Maximum % allowed 16.32% This Change Order Previous Change Order Total % Change Contract + Change Orders: Approved: Title Date 8.46% 8.46% $13,986.00 City Manager Riles, c 1 1 act zDOLe P. E.. CDBG Form 5/2006 DATE: SUBJECT: ITEM: September 25, 2006 City Manager Approval 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 22, Block D, Chisholm Trail Valley Section 2 (701 Buckskin Drive) for a change order in the amount of $1,392.00. Department: Staff Person: Justification: Planning Department Mona Ryan, Community Development Coordinator 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 -06-04-13-10E10. 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: $14,287.00 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