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Ordinance No. 14,778 ORDINANCE NO. 14,778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 TO THE ANNUAL MILL & OVERLAY CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR ADDITIONAL MILL & OVERLAY WORK IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND N0/100 DOLLARS ($250,000.00); 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 does hereby authorize Change Order No. 1 to the Annual Mill & Overlay Contract with Angel Brothers Enterprises, LTD, for additional mill & overlay work in an amount not to exceed TWO HUNDRED FIFTY THOUSAND AND NO1100 DOLLARS ($250,000.00). 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 22nd day of July, 2021. A L-AIIA Z IJ ANDON CAP O, Mayor ATTEST: ay�L ANGELA JKCKSON, tqf4n C erk 4 � Co APPROVED AS TO FOR zOF WEN--L. HORNER, City Attorney R:1Karen Homer\DocumentsTileslCily Council\Ordinances1202IVuly 221ChangeOrderNolAnnualMill&OverlayContract.docx EXHIBIT A CITY OF BAYTOWN PUBLIC WORKS& ENGINEERING 2123 Market St. Baytown,Texas 77520 BMTOWN CHANGE ORDER 2018 Mill and Overlay Date of Issuance: 7/14/2021 Change Order No.: 1 Contractor: Angel Brothers Enterprises, Inc. CoB Project No.: Designer: N/A P.O.No.: 2103498 Explanation: This change order encompasses the following: Increase of the contract value by 25%as allowable by state law. This will allow the City to take advantage of competitive pricing. Description of Worlc Cost Time I Increase contract amount by 25%for additional work to be $ 250,000.00 0 performed by the contractor Days 2 $ - 0 Days 3 $ Days 4 $ Days Please attach back-up documentation Cost& Time Change Summary Cost Time Original Contract: $ 1,000,000.00 365 Days Previous Change Order(s): $ 0 Days Contract prior to this change order: Days Net increase(decrease) from this change order $ 250,000.00 0 Days Revised Contract: $ 1,250,000.00 365 Days Finance Approval: Date: RECOMMENDED: RECOMMENDED: By: N/A Date: By: 7 ���---date: 07/14/2021 Design Engineer Director of Public Works&Engineering ACCEPT D*: APPROVED: ate: t{ By: Date: Contractor City Manager -Contractor agrees to perform change(s)included in this Change Order for the price and time indicated. The prices for changes included all costs associated with this 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 sit referenced and insofar as the original project drawings and specifications are inconsistent,this Change Order governs.Upon execution by all parties,the following changes identified for the contract value and/or contract time shown,are made part of the contract. Construction 1 of 1 D16 Revised 2020 V. City of Baytown B CHAPTER 2271 VERIFICATION To the extent applicable and pursuant to Section 2271.002 of the Texas Government Code, I, Jason Bercaw ,the undersigned representative of Angel Brothers Enterprises, Ltd. (Company Name),do hereby verify that the above- referenced company does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the City of Baytown. In making this verification,I 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;and 2. "Company" means a for-profit sole proprietorship, organization, association,corporation, partnership,joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. EXECUTED this the 13th day of July 2021 Angel Bro rprises, Ltd. Comps ne /Si7aturew m Vice President Title STATE OF TEXAS § COUNTY OF HARRIS § Before me, Kelly Reynolds the undersigned notary public, on this day personally appeared Jason Bercaw the Vice President (Title) of Angel Brothers Enterprises,Ltd. (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 swear and affirm that the above is true and correct. gtnder my hand and seal of office this 13thday of JuIY 202l -k .... Y10 !�'•., N06q P win and for f4e ate of Texas *Joh expires: 4/15/2022o !O.IB2A21'l:� v CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1-4 and 6 if 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. 2021-777795 Angel Brothers Enterprises,Ltd. Baytown,TX United States Date Filed: 2 Name of governments entity or state agency that Is a party to the contract for which the form is 07/13/2021 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. 2018 Annual Mill&Overlay 2018 Annual Mill&Overlay Project Final Renewal Change Order 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Angel,Greg Baytown,TX United States X Angel, Gary Baytown,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Jason Bercaw and my date of birth Is October 29, 1980 My address is 3003 Kilgore Parkway Baytown TX 77523 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Chambers County, State of 'FAX ,on the 13th day of JUIy ,20 21 / (month) (year) f Si ature of au zed agent of contracting business entity (Deciamnt) Forms provided by Texas Ethics Commission www. ics.state.tx.us Version V1.i.ceffd98a