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CM-08-01-018DATE: SUBJECT: ITEM: January 14, 2008 City Manager Approval Supplemental Agreement No. 1 to the Community Development Block Grant (CDBG)-Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building & Restoration, Inc. (Exhibit C to Homeowner Agreement) for the rehabilitation of Lot 28, Blk "A", Chisholm Valley Section One (1), (706 Buffalo Pass) for a change order in the amount of $6,061.00. Department: Planning Staff Person: Mona Ryan, Community Development Coordinator Justification: The original agreement in the amount of $24,244.00 was approved by the City Manager on June 29, 2007, CM -07- 06-119. Funding: Cost: $30,305.00 Source of funds: CDBG HUD Entitlement Funds Background Information: Contractors were instructed to bid work exactly as called out in bid documents. Unforeseen expenses occurred during the rehabilitation of this property that resulted in change orders. Updated 3-10-05 SUPPLEMENTAL AGREEMENT NO. 1 TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM CONTRACTOR AGREEMENT This SUPPLEMENTAL AGREEMENT NO. 1 ("Supplemental Agreement No. 1") to "Community Development Block Grant (CDBG) Community Housing Repair and Rehabilitation Program Contractor Agreement" is made by and between the City of Round Rock, Texas, ("CITY") and All Tex Building & Restoration, Inc. ("CONTRACTOR"). WHEREAS, CITY and CONTRACTOR executed a Community Development Block Grant (CDBG) Community Housing Repair and Rehabilitation Program Contract Agreement ("Agreement") on June 29, 2007, to pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation of 706 Buffalo Pass, Round Rock, Texas 78681; and WHEREAS, it has become necessary to amend the Agreement to provide for an extension of the contract period, and for the City to authorize a change order and deviations from the original Scope of Services, and to increase the amount of the original Agreement; NOW THEREFORE, premises considered, the CITY and the CONTRACTOR agree that said Agreement is amended as follows: I. Section 1.3, ARTICLE 1 GENERAL REQUIREMENTS shall be amended to read as follows: 1.3 CONTRACTOR will not deviate from the work described in the Statement of Work without a change order from CITY. Any such change order will be included in an amendment to this Agreement. The Contract Amount and any change orders shall not exceed a total amount equal to a twenty-five (25) percent increase in the original Contract Amount. II. In accordance with Section 1.3 of the Agreement, the Contract Amount, as the term is described in the Agreement and the change order, is increased in the amount of $6,061.00. III. Section 1.4, ARTICLE 1 GENERAL REQUIREMENTS shall be amended to read as follows: 1.4 All work specified in the Statement of Work will be satisfactorily completed within one hundred thirty five (135) days from the date of the Notice to Proceed. 00124279/ps CA -o -G i -o/ 5 IV. Section 2.6, ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES shall be amended to read as follows: 2.6 CONTRACTOR agrees to complete the work within one hundred thirty five (135) days from the date of the Notice to Proceed. If completion is delayed for reasons beyond the CONTRACTOR's control, CONTRACTOR will provide timely notice to CITY of the reasons for such delay. If such good cause is claimed by CONTRACTOR, it will be CONTRACTOR'S obligation to substantiate its claim by adequate documentation. V. 1. In accordance with Section 3.12 of the Agreement, the CITY hereby authorizes the change order and alterations of the Statement of Work in accordance with the work described in the change order. Said change order has been mutually agreed to in writing by the homeowner and CONTRACTOR, and is attached hereto and incorporated herein as Exhibit "A" 2. 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". IV. Except as amended hereby, the Agreement as originally written remains in full force and effect. IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this Supplemental Agreement No. 1 in duplicate originals. ALL TEX BUILDING & RESTORATION, INC. By: Printed Name: Title: Date: 1 ' s -- CITY OF ROUND ROCK By: Printed Name: Title: Date: ilfvv 0 S- 2 ATTEST: L Sara White, City Secre ary APP .. O ED A TO F e RM FOR CITY: Stepha i L. Sheets, City Attorney 3 SUPPLEMENTAL AGREEMENT NO. 1 TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM HOMEOWNER AGREEMENT This SUPPLEMENTAL AGREEMENT NO. 1 ("Supplemental Agreement No. 1") to "Community Development Block Grant (CDBG) Community Housing Repair and Rehabilitation Program Homeowner Agreement" is made by and between the City of Round Rock, Texas, ("CITY") and JOHN A. SHAW AND JOHNNIE SHAW, (HOMEOWNER). WHEREAS, CITY and HOMEOWNER executed a Community Development Block Grant (CDBG) Community Housing Repair and Rehabilitation Program Homeowner Agreement ("Agreement") on June 29, 2007, to assist HOMEOWNER in the minor rehabilitation of her residence by providing a non-interest bearing loan to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, it has become necessary to amend the Agreement to provide for an adjustment to the terms of the Contract Price; NOW THEREFORE, premises considered, the CITY and the HOMEOWNER agree that said Agreement is amended as follows: I. Section 1.2, ARTICLE 1 GENERAL REQUIREMENTS shall be amended to read as follows: 1.2 The Contract Price and any approved change orders will not total more than $30,305.00. II. Except as amended hereby, the Agreement as originally written remains in full force and effect. IN WITNESS WHEREOF, the CITY and the HOMEOWNER have executed this Supplemental Agreement No. 1 in duplicate originals. HOMEOWNE tis./I , 4 A. SH7W By: By: Date: OHNNIE SHAW 00124699/ps CITY OF RO ND ROCK By: Printed Nam Title: Date: 1- ATTEST: Sara White, City Secretary APP ' 0 ED AS TO FORM FOR CITY: Stepha L. Sheets, City Attorney All Tex Building & Restoration Inc. (936) 760-6560 Fax (936) 856-1937 TO: City of Round Rock ADDR: 221 E. Main Street Round Rock, TX 78664-5299 JOB: John & Johnnie Shaw 706 Buffalo Pass Round Rock, TX 0 Original contract cost: Bid Award: Change order cost: 1st draw amount: 2nd draw amount: Total due: $26,204.00 $24,244.00 $6,061.00 $0.00 $0.00 $30,305.00 TO: City of Round Rock ADDR: 221 E. Main Street Round Rock, TX 78664-5299 JOB: John & Johnnie Shaw 706 Buffalo Pass Round Rock, TX All -Tex Building & Restoration Inc. (936) 760-6560 Fax (936) 856-1937 CO # Page # Item # Description Cost 1 Delete replace 7 windows 1 1 1 Replace 7 windows (original bid) -$1,960.00 1 2 1 1 3 1 1 4 Install 240 LF 1 x 4 hardi trim on exterior Change door (entry to garage conversion) from exterior door to interior door Reduce from 3 doors to 2 door (door to garage bedroom is in good condition) $1,960.00 $540.00 -$45.00 -$343.00 1 5 Repair and texture 56 drywall patches throughout home $1,120.00 1 6 Install recirculating venthood 1 7 Delete interior sub panel 1 1 8 0 $140.00 -$700.00 CHANGE ORDER # 1 TOTAL $0.00 $712.00 2 1 1 Reduce countertop from 4.5 LF to 2.5 LF -$92.00 2 2 Change from slab door only to complete door $150.00 2 1 3 Increase toilet from standard to ADA 2 1 4 2 1 5 2 6 Increase sliding door from single glazing to double glazing Install full backsplash at formica tops in kitchen from top to upper cabinets Install 1 new ceiling fans (1 master bed ) $100.00 $225.00 $400.00 $140.00 2 1 7 2 1 8 2 1 9 Relocate light fixture at front exterior to new location per owner Upgrade tubs to plastic american standard picked by owner 249.00 at Lowes Remove & reinstall additional tub & drain due to owner changes after install of first tub $60.00 $320.00 $105.00 2 1 10 Repair and texture 56 drywall patches throughout home -$1,120.00 2 1 11 0 $0.00 CHANGE ORDER # 2 TOTAL $288.00 3 1 1 Cut hole in lavatory top for drop in sink $120.00 3 1 2 relocate water lines in hall bath at tub $275.00 3 1 3 Delete plywood floor replacement in kitchen sink cabinet -$70.00 3 1 4 Reduce grab bars in both bathrooms from 2 to 1 -$140.00 3 1 5 Install 2 storm doors (1 front / 1 side) $500.00 3 1 6 Replace a/c condensor, evaporator, funace & air handler $5,419.00 3 1 7 Reduce mirror size from 13.5 sf to 6.5 sf -$63.00 3 1 8 Delete service hvac system -$980.00 3 1 9 0 $0.00 CHANGE ORDER # 3 TOTAL $5,061.00 Change Order Total $6,061.00 Department: Community Development Program: Home Repair Program Homeowner: John & Johnnie Shaw Location: 706 Buffalo Pass Construction Change Order Original Contract Price: Bid Award Previous Change Orders: This Change Order Change Orders to Date: Maximum $ amount Balance available Item # New New 43 ( - )or (4') Page: 1 of 1 Date: Change Order No. Contract: 0 Justification: $26,204.00 $24,244.00 -49E676$' / uvto $5,061.00 4061.00 Go t• 3 $28,345.00 $6,061.00 „--$-1-7960439-6— Change 1;960.08 .— Change Data 8 & 18 New New 9 42 Contract: C/O #1 CIO #2 CIO #3 Description of Changes Cut hole in lavatory top for drop in sink relocate water lines in hall bath at tub Unit QTY Delete plywood floor replacement in kitchen sink Reduce grab bars in both bathrooms from 2 to 1 Install 2 storm doors (1 front / 1 side ) Replace a/c condensor, evaporator, funace & air handler Reduce mirror size from 13.5 sf to 6.5 sf Delete service hvac system Project Manager By: Title Each Each Each 2 1 -1 Unit Price $60.00 $275.00 Each Each Each - 2 2 sf Each 1 - 7 - 1 $70.00 $70.00 $250.00 Amount $120.00 $275.00 -$70.00 -$140.00 $500.00 Days +/- $5,419.00 $9.00 $980.00 $5,419.00 -$63.00 -$980.00 Total -$262844OP )4(2. Change Order Summary: 41724f3...00712.e,p $288.00 $5,061.00 ALL TEX BUILDING & RESTORATION, INC. Contractor Date $5,061.00 0 C/O#1 417246709 7 IZ .ap C/O#2 $288.00 C/O#3 $5,061.00 (.9 4(.0) Percent of Original Contract Price Maximum % allowed 25.00% This Change Order Previous Change Orders Total % Change Contract + Change Orders: 2_6om • Wner r ` ~ ` - / Approved: Date Title Date 19.31% -3.66% 15.65% 71/0 IL? Homeowner Date CDBG Form 7/2006 Department: Community Development Program: Home Repair Program Location_ 706 Buffalo Pass Homeowner John & Johnnie Shaw Original Contract Price: Previous Change Orders: This Change Order Change Orders to Date: Maximum $ amount Balance available, 0 $26,204.00 41,248.00 $1,222.00 -$26.00 $25,, t 00 ‘4_, .��. v; Change Data from 4.5 LF to 2.5 LF Page: 1 of Dale: Change Order No.. Contract: Justification: 2 asY•a,� • -f-1) O t - tis sr nit QTY Unit Price 10 & 19 14 2 $75.00 1 $100.00 1 $225.00 Install 2 new ceiling fans (1 master bed / 1 living) Relocate light fixture at front exterior to new location per owner EACH 1-22-- $140.00 1 $60.00 $60.00 NEW Remove & reinstall additional tub & drain due to owner changes after install of first tub 2 $160.00 $320.00 Contract: C/O #1 CIO #2 -$1 .00 $4..00 $ .,178.00 Change Order Summary: CIO#1 C/O#2 Percent of Original Contract Price vie -1.1,248-.88-- 7t 2' $12:0o 1 426.00 7sb Project Manager BY= Title ALL TEX BUILDING & RESTORATION, INC. Contractor to(o67. Date 197 Homeowner Date 11-6-.47 Homeowner Date Maximum % allowed -4.59% This Change Order 4.66% Previous Change Orders -476% Total % Change -0_10% Contract + Change Orders:8. Approved: Title Date CDBG Form 712006 Construction Change Order Department: Community Development Page: Program: Home Repair Program Date: Change Order No. Location: 706 Buffalo Pass Amended Contrac Homeowner: John & Johnnie Shaw Original Cobntractor Bid: Original Contract Award (minus line 38 from bid) This Change Order Change Orders to Date: Maximum $ amount Balance available $26,204.00 $24,244.00 $62.6a/f2. $43726.2-40 $756.00 --$27496-94 cm Justification: 1 of 1 09/27/071 �((( 0.7-7496:0671 A , . Change Data Project Manage By: Title Unit Price $280.00 -$280.00 $3.00 $2.66 - Amount $1,960.00 -$1,960.00 Days +/- 4-720709. •-$24.0..Q0 $2,120.60 )-41)-re` -$45.00 -$343.00 $20.00 $140.00 -$700.00 -$45.00 -$343.00 $1,120.00 $140.00 -$700.00 Total $0.00 0 '112.. tie\ 9-11-0-7 Percent of Original Contract Price Maximum % allowed 3.12% Date ALL TEX BUILDING & RESTORATION, INC. Contractor Homeowner Date 1 of 2 This Change Order Total % Change �- ��•1-3 T% ° tA(w ` ,q,9.st Contract + Change Orders: $a7 -496.00 -- Approved: Title Date 12:22 PM 9/27/2007 Item # ( - )or (+) Description of Changes Unit QTY 38 + Replace 7 windows each 7 38 - Delete replace 7 windows each 7 NEW + Install 240 LF 1 x 4 hardi trim on exterior each /i&40- a - . - •- . - _ - - eac . ---611 .--.— + - - •lac- ...' .._ :a. -: 40 - Change door (entry to garage conversion) from exterior door to interior door each 1 40 - Reduce from 3 doors to 2 door (door to garage bedroom is inood condition) each 1 NEW + Repair and texture 56 drywall patches throughout home each 56 NEW + Install recirculating venthood each 1 24 - Replace existing sub panel box each 1 Project Manage By: Title Unit Price $280.00 -$280.00 $3.00 $2.66 - Amount $1,960.00 -$1,960.00 Days +/- 4-720709. •-$24.0..Q0 $2,120.60 )-41)-re` -$45.00 -$343.00 $20.00 $140.00 -$700.00 -$45.00 -$343.00 $1,120.00 $140.00 -$700.00 Total $0.00 0 '112.. tie\ 9-11-0-7 Percent of Original Contract Price Maximum % allowed 3.12% Date ALL TEX BUILDING & RESTORATION, INC. Contractor Homeowner Date 1 of 2 This Change Order Total % Change �- ��•1-3 T% ° tA(w ` ,q,9.st Contract + Change Orders: $a7 -496.00 -- Approved: Title Date 12:22 PM 9/27/2007