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Ordinance No. 15,225 ORDINANCE NO. 15,225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 9 TO THE ANIMAL SHELTER AND ADOPTION SERVICES PROJECT WITH CONSTRUCTION MASTERS OF HOUSTON, INC., IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND EIGHT HUNDRED EIGHTY-FOUR AND 44i 100 DOLLARS ($20,884.44); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown,Texas,does hereby authorize Change Order No. 9 to the Animal Shelter and Adoption Services Project with Construction Masters of Houston, Inc., in an amount not to exceed TWENTY THOUSAND EIGHT HUNDRED EIGHTY-FOUR AND 441100 DOLLARS($20,884.44). A copy of said change order is attached hereto, marked Exhibit "A" and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 131h day of October, 2022. _ RANDON CAPETILLO, ayor ATTEST: SNIfTOb,o•rF o .�r �o •N ANGELA CK O iy, C •.�r� a, • Y�V���OOt•rd� APPROVED A TO O W_-Q----------- SCOTT LEM01 ID, City Attorney R:Karen Anderson.ORDINANCES\2022\2022.10.13 ChangeOrderNo9AnimalShelterProject.docx EXHIBIT "A" CITY OF BAYTOWN PUBLIC WORKS&ENGINEERING I 2123 Market St. i Baytown,Texas 77520 $AY o CHANGE ORDER Animal Services and Adoption Shelter Date of Issuance: 10 132022 Change Order No.: 9 Contractor: Construction Masters of Houston CoB Project No.: FA1903 Designer: Quorum Architects P.O.No.: 2009472 Explanation: This change order encompasses the following: CO.9.1 Due to the addition and the succesful completion of phase 2 in compliance with the City of Baytown's Information Technology department requirements,additional electrical work for power and security will need to be executed. Additonal Time and Materials based costs for Information Technology and Electrical Items which Include:Furnishing and install(2)24x 13x 12 in ground Jboxes for data and power,(1)NEMA 4X Jbox for gate operation(alternate manufacture-lower cost),120 volt circuit for gate receptacle and(1)NEMA 4X Jbox per light pole(alternate manufacturer-lower cost). The existing circuit from GFCI on the light pole u ill be used to energize the receptable in the installed NEMA 4X Jbox. No additional Time and Materials a III be needed for pulling string for data conduits,installing new circuit through existing conduit from existing in ground Jbox to existing panel. The project did not include an allowance to address this additional material required,and cost was reviewed by staff and found to be appropriate in providing the necessary security and power needed in Phase 2. A Cost Time Additional Time and Materials for Information Technology and other 9.I electrical items(CPR r 26 ) $ 20,884.44 0 Days Total $ 20,884.44 0 Days Please see attached back-up documentation: Construction Masters Cost Proposal Requests(CPR)No.26 Cost&Time Change Summary Cost Time Original Contract: $ 6,532,981. 3 494 Days Previous Change Order(s): $ 351,228.71 0 Days Contract prior to this change order: $ 6,884,212.44 0 Days Net increase(decrease)from this change order $ 20,884.44 0 Days Revised Contract: $ 6,905,096.88 494 Days Finance Approval: Date: RECOMMENDED: RECOMMENDED; By: Date. 10/6/22 By:���brLJ�.�--� Date:.JDJ0�J2Q22_...._. Design Engineer Architect Director of Public Works&,Eogmccnng ACCEPTED*: APPROVED: By: �/&� �l1 Date: 10/6/22 By: Date: Contractor City Manager -Contractor agrees to perform change(s)included in this Change Order for the price and time indicated The pnces for changes included all costs associated with the.Change Order No work is to be done until this change order is executed No payment to the Contractor(or Consultant)shall be made for work included in the change order until the Contractor's pay estimate is updated. Revise the project plans and specifications as referenced and insofar as the original project drawings and specifications are inconsistent,this Change Order go%cros.Upon execution by all parties,the following changes identified for the contract s alue and/or contract time shown,are made pan of the contract. Construction I of I D16 Reused 2021 CITY OF BAYTOWN PUBLIC WORKS&ENGINEERING 2123 Market St. 01 1Baytown,Texas 77520 BAYTOWN CHANGE ORDER Animal Services and Adoption Shelter Date of Issuance: I O/1312022 Change Order No.: 9 Contrac(or: Construction Masters of Houston CoB Project No.: FA1903 Designer: Quorum Architects P.O.No.: 2009472 Explanation: This change order encompasses the following: CO.9.1 Due to the addition and the succesful completion of phase 2 in compliance with the City of Baytown's Information Technology department requirements,additional electrical Work for power and security will need to be executed. Addilonal Time and Materials based costs for Information Technology and Electrical Items which Include:Fumishing and install(2)24x 13x 12 in ground)boxes for data and power,(1)NEMA 4X Jbox for gale operation(altcmate manufacture-lower cost),120 volt circuit for gate receptacle and(1)NEMA 4X Jbox per light pole(alternate manufacturer-lower cost). The existing circuit from GFCI on the light pole will be used to energize the receptable in the installed NEMA 4X Jbox. No additional Time and Materials will be needed for pulling string for data conduits,installing new circuit through existing conduit from existing in ground Jbox to existing panel. The project did not include an allowance to address this additional material required,and cost was reviewed by staff and found to be appropriate in providing the necessary security and power needed in Phase 2, A Cost Time Additional Time and Materials for Infonnation Technology and other �'1 electrical items CPR d 26) ( $ 20,884.44 0 Days Total $ 20,884.44 0 Days Please see attached hack-up documentation: Construction Masters Cost Proposal Requests(CPR)No.26 Cost&Time Change Summan Cost Time Original Contract: $ �6,532,983.73 494 Days Previous Change Order(s): $ 351,228.71 0 Days Contract prior to this change order: S 6,884,212.44 0 Days Net increase(decrease)from this change order S 20,884.44 0 Days Revised Contract: S 6,905,096.88 494 Days Finance Approval: �( ✓ Uaic Q O Z RECOMMENDED: RECOMMENDED: By: i'e� ►t Date: 10/6/22 By:74,exk -.—/ pate: 10/06/2022 Design EngincerlArchitect Director or Public Works&t Gngin.ring ACCEPTED": ��7 � APP -,D: By: v � lLdlz Date: 10/6/22 By: / y/ Date: Contractor Cily Manager 'Contractor agrees to perform change(s)included in this Change Order for the price and time indicated. The priers for changes included all casts associated with this Change order No work is to be done until this change order is executed.Na payment to the Contractor for Consultant)shall be made for work included in the change order until the Contractor's pay estimate is updated. Revise the projwt plans and specifications as referenced and insofar as the original project drawings and specifications arc inconsistent,this Change Order governs.Upon execution by all panics,the following changes identified for the contract value and or contract time shown,arc made part of the contract w Construction 1 of] S_Lk___4_al D 16 Revised 2021 ONSTRUCTION ASTERS OF HOUSTON, INC. P.O. Box 1587—Pearland, Texas 77588—28 1/997-2640—Fax: 281 /485-4702 Change Proposal Request Project: City of Baytown Animal Services and Adoption Shelter Date: 10/5/22 Change Proposal Number: 26 Phase 2 Electrical adds. To: Kim Dowdy Attn: Gregerz Joseph Construction Masters proposes to make the following changes to the original scope of work for items on punch list not included in original scope. LG Electric $ 19,596.00 Subtotal $ 19,596.00 OH&P $ 979.80 Additional Bond Premium (2.5% up to$100K; 1.5% up to$500K) $ 308.64 Total Change Proposal Request $ 20,884.44 Reason: IT items requested for Phase 2 Loop Attachments: LG Electric Dennis Busby, Construction Masters of Houston, Inc www.cmhou.com L G ELECTRICAL SERVICES 13209 Ann Louise Rd. Houston,TX 77086 Phone(28I)272 913o Fax(832)230 0170 TECL#22275 HUB 01205233681000 CHANGE ORDER PROPOSAL Date: 10/05/2022 Proposal#LG5308-CO13r6 BAYTOWN ANIMAL HOSPITAL BAYTOWN, TX POWER FOR GATE We hereby propose to furnish and install the following: 1. Furnish and install (2) 24xl3x12 in ground jboxes. 1 for data and 1 for power 2. Furnish and install (1)NEMA 4X jbox for gate operator according to email. Alternate Manufacturer for NEMA 4X 3. Furnish and install a new 120 volt circuit for gate receptacle that will be installed in gate operator jbox 4. Furnish and install (1)NEMA 4X jbox at 2 light poles per notes on drawings. Alternate Manufacturer for NEMA 4X 5. Use existing circuit from GFCI on light pole to energize receptacle inside the NEMA 4X jbox we are installing. 2 light pole locations 6. Furnish and install pull string for all data conduits 7. Furnish and install data conduits per email 8. Install new circuit thru existing conduit from existing in ground jbox to existing panel 9. All low voltage cabling, cameras, equipment and its components by others. 10. All drilling and mounting of cameras by others on light poles 11. Card reader and gate locations staked out by others 12. NEMA 4X jboxes have a 3-4week lead time NOTE: We will need to open the ceiling in some rooms in the building because we need to install the new 120 volts wires for the card readers in existing electrical pipes. Exclude the following 1) Anything not described on the scope of work or not reflected on drawings. 2) All are in regular hours not overtime. 3) We are not responsible for paint,repair sheetrock,repair walls, installation of plywood, steel poles and others. All labor and material are guaranteed to be as specified in accordance with any drawings or specifications submitted or as agreed per this proposal for the sum of: $19,596.00 Any alteration or deviation from above specification involving extras,cost will be executed only upon written orders and will become an extra charge over the above estimate. This quote is good 15 days because of the constant rise of commodities. 9hanbsyou forgiving us the opportunity to 6idon this project foryou, if you have any questions,preasegive us a cat rjodBless Too eloym(cblgelectricalservices.com Eloy Montes: Acceptance of proposal by: Date: CERTIFICATE OF INTERESTED PARTIES FORM 1295 I 1 0l l Complete Nos.1-4 and 6 II there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-941318 Construction Masters of Houston,Inc. Pearland,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/0512022 being filed. City of Baytown Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. City of Baytown Animal Services&Adoption Shelter 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Davis,Justin Pearland,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Justin Davis and my date of birth is 1217/81 I My address is 3908 3rd St. Pearland TX 77581 USA (street) (city) (state) (zip code) (country) I declare under penalty or perjury that the foregoing is true and correct. Executed in 6razoria County, State of Texas ,on the 5th day of October .20 22 ") (month) (year) i, _�l �Slignature of a6diorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.b(.us Version V3.5.1.56200bd City of Baytown B TEXAS GOVERNMENT CODE VERIFICATIONS (for Companies with 10 or more full-time employees entering into a contract with a value of$100,000 or more) Pursuant to the Texas Government Code,I, Justin Davis the undersigned representative of Construction Masters of Houston,Inc. (Company Name),do hereby verify the following for and on behalf of the above- referenced company(the"Company"): a. the Company does not boycott Israel and will not boycott Israel during the tern of the contract to be entered into with the City of Baytown; b. the Company does not boycott energy companies and will not boycott energy companies during the term of the contract to be entered into with the City of Baytown;and c. the Company does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. In making this verification,1 understand that the following definitions apply: 1. "Boycott Israel" means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize,inflict economic harm on,or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes. 2. "Boycott energy company"means,without an ordinary business purpose, refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on,or limit commercial relations with a company because the company: a. engages in the exploration,production,utilization,transportation,sale,or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law;or b. does business with a company described by Paragraph(a). 3. "Discriminate against a firearm entity or firearm trade association"means,with respect to the entity or association,to: a. refuse to engage in the bade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; b. refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association;or C. terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; but does not include: a. the established policies of a merchant,retail seller,or platform that restrict or prohibit the listing or selling of ammunition, firearms,or firearm accessories;and b. a company's refusal to engage in the trade of any goods or services,decision to refrain from continuing an existing business relationship,or decision to terminate an existing business relationship: (1) to comply with federal,state,or local law,policy,or regulations or a directive by a regulatory agency;or (2) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association. EXECUTED this the 5th day of October 2022, Construction Masters of Houston,Inc. Company-Name Signs re Justin Davis,President Printed Name/Title STATE OF TEXAS § COUNTY OF 19RUM Era3cr:I§ Before me, MarodeCams the undersigned notary public, on this day personally appeared 7-w541;. the -e rrvY (Title)of Construction Masters of Houston, Inc. (Company Name),known to me to be the person whose name is subscribed to the foregoing instrument,who after by me being duly sworn,did sweat'and affirm that the above is true and correct. Given under my hand and seal of office this 5th day of e„v I,e 2022. MARJORIE CAR NS �1 at„r7„r �C1Q-rVr Notary Public,State of Texas No Publi in and for the State of Texas - ia ''•. 4?= Comm.Expires 09.26.2025 Notary ID 123997309 w 0 Orig.Dept.: File/I.D.No.: INSTRUCTION: ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE SUCH FACT TO AVOID REJECTION OF THE AFFIDAVIT. THE FOLLOWING FORMAT IS RECOMMENDED: CORPORATE/LEGAL NAME DBA ASSUMED NAME. STATE OF TEXAS § § AFFIDAVIT OF OWNERSHIP OR CONTROL COUNTY OF BRAzoRIA § BEFORE ME, the undersigned authority, on this day personally appeared Justin Davis [FULL NAME] (hereinafter "Affiant"), President [STATE TITLE/CAPACITY WITH CONTRACTING ENTITY] of Construction Masters of Houston,Inc. [CONTRACTING ENTITY'S CORPORATE/LEGAL NAME] ("Contracting Entity"), who being by me duly sworn on oath stated as follows: 1. Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters herein stated. 2. Contracting Entity seeks to do business with the City in connection with City of Baytown Animal Services Project [DESCRIBE PROJECT OR MATTER] which is expected to be in an amount that exceeds $50,000. 3. The following information is submitted in connection with the proposal, submission or bid of Contracting Entity in connection with the above described project or matter. 4. Contracting Entity is organized as a business entity as noted below (check box as applicable). FOR PROFIT ENTITY: NON-PROFIT ENTITY: QSOLE PROPRIETORSHIP [ANON-PROFIT CORPORATION M CORPORATION UNINCORPORATED ASSN. PARTNERSHIP ❑LIMITED PARTNERSHIP L:3 JOINT VENTURE ❑LIMITED LIABILITY COMPANY Q OTHER(Specify type in space below): C 5. The information shown below is true and correct for the Contracting Entity and all owners of 5% or more of the Contracting Entity and, where the Contracting Entity is a non-profit entity, the required information has been shown for each officer. [NOTE: IN ALL CASES, USE FULL NAMES, g5g LOCAL BUSINESS AND RESIDENCE ADDRESSES AND TELEPHONE k. Affidavit of Ownership or Control, Page I Orig.Dept.: File/I.D.No.: NUMBERS. DO NOT USE POST OFFICE BOXES FOR ANY ADDRESS. INCLUSION OF E-MAIL ADDRESSES IS OPTIONAL, BUT RECOMMENDED. ATTACH ADDITIONAL SHEETS AS NEEDED.] Contracting Entity Name: Construction Masters of Houston,Inc. Business Address [NO./STREET] 3908 3rd St. [CITY/STATE/ZIP CODE] Pearland,TX 77581 Telephone Number 281 ) 997-2640 Email Address [OPTIONAL] Residence Address [NO./STREET] [CPCY/STATE/ZIP CODE] Telephone Number[OPTIONAL] Email Address [OPTIONAL] 5% or More Owner(s)/Officers of Non-Profit Corporation (IF NONE,STATE "NONE.") Name: None Business Address [NO./STREET] [CITY/STATE/ZIP CODE] Telephone Number [ Email Address [OPTIONAL]- , i; f Residence Address [NO./STREET] � k [CITY/STATE/ZIP CODE] Telephone Number[OPTIONAL] O d i Email Address [OPTIONAL] S 6. Optional Information Contracting Entity and/or [NAME OF s Affidavit of Ownership or Control,Page 2 r i I 6 1 Orig.Dept.: File/I.D.No.: OWNER OR NON-PROFIT OFFICER] is actively protesting, challenging or appealing the accuracy and/or amount of taxes levied against [CONTRACTING ENTITY, OWNER OR NON-PROFIT OFFICER] as follows: Name of Debtor: Type of Debt: Account Nos.: Case or File Nos.: Attorney/Agent Name: Attorney/Agent Phone No.: Delinquent Years/Months: Status of Appeal [DESCRIBE]: 6 Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Contracting Entity, that Affiant is associated with the Contracting Entity in the capacity noted above and has personal knowledge of the accuracy of the information provided herein, and that the information provided herein is true and correct to the best of Affiant's k knowledge and belief. Justin Davi `> Affiant SWORN TO AND SUBSCRIBED before me this 3y1-day of 9ckba,� 2071. Seal °""" ( ) o,�,. MARJORIE CARNS //'� Notary Public,State of Tax ea Marjorie Cams 'ntet.o rw, t�+4 ' �$ Comm.Expires 09-25-2025 % 4° Notary ID 123997309 Notary Public in an for the State of Texas NOTE: & This affidavit constitutes a government record as defined by Section 37.01 of the Texas Penal P Code. Submission of a false government record is punishable as provided in Section 37.10 of the Texas Penal Code. Attach additional pages if needed to supply the requited names and addresses. R:\Karen\Files\Contmets\AffidiavitofOwnersliiporConvol.doc Affidavit of Ownership or Control.Page 3 CITY OF BAYTOWN, TEXAS INDEBTEDNESS CERTIFICATION Project Name: Change Order#9 - Baytown Animal Shelter and Adoption Services PA Company Name: Construction Masters of Houston LLC Department: Public Works Date: 09/30/2022 Council Date: 10/13/2022 A review of the above-described company was made in accordance with 2-663 of the City of Baytown Code of Ordinances and the aforementioned company was found: Elto be indebted to the City in the following areas: not to be indebted to the City. It is hereby certified the above is true and correct based on the best information available. 09/30/2022 Director of Finance Date For information regarding this certificate,please contact the Finance Director at 281-420-6531. If an appeal to this determination is to be filed under section 2-664 of this code, please forward to the following address: City of Baytown Director of Finance P O Box 424 Baytown,TX 77522-0424