Exhibit 1 - Agenda Information Sheet - CO 3City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement
ACM: Cassey Ogden
DATE: April 4, 2023
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of Change Order No. 3 to the contract between the City of Denton and Mart, Inc.,
for the additional work and extension of days necessary to complete the American Legion Hall Senior
Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 7103 – Change
Order No. 3 in the not-to-exceed amount of $53,506.77, for a total contract award aggregated to
$1,688,146.68).
INFORMATION/BACKGROUND
The American Legion Hall Senior Center renovation and reconstruction was substantially completed by the
General Contractor, Mart Inc. in November 2021.
On January 20, 2022, Mart Inc. submitted a change order request for seven (7) delay claims totaling 314
days or $166,347.80. The claims were based on owner-initiated changes in scope, delays in responsiveness,
and an incomplete construction design plan set.
Kirkpatrick Architecture Studio, the City’s owner representative provided a review of the delay claim, along
with relevant backup documents.
Upon completion of the review, the City proposed a settlement offer of $53,506.77, which Mart accepted.
The third and final change order is for $86,506.77 to pay the claim settlement offer and close out the project.
No. Description
# of
Days Amount
City's
Response
Settlement
Offer
1 Owner Delay - Notice to Proceed 48 25,428.96 Denied 0.00
2
Owner Initiated Change in Scope - Security Access
Controls 37 19,601.49 Partial, 70% 13,721.04
3 Request for Information (RFI) Delay - Roof Tie In 75 39,732.75 Partial, 50% 19,866.38
4 Owner Initiated Change in Scope - HVAC 40 21,190.80 Partial, 50% 10,587.42
5 Request for Information (RFI) Delay - Inlet Tops 20 10,595.40 Denied 0.00
6 Request for Information (RFI) Delay - Catch Basin 50 26,488.50 Partial, 35% 9,331.93
7
Request for Information (RFI) Delay - GAF Ultra
Availability 44 23,309.88 Denied 0.00
Total 314 $ 166,347.78 $ 53,506.77
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On February 25, 2020, City Council approved a contract with Mart, Inc., in the not-to-exceed amount of
$1,563,000 (Ordinance 20-431).
On June 21, 2021, Purchasing approved Change Order 1 with Mart, Inc., in the not-to-exceed amount of
$44,353.05.
On July 20, 2021, City Council approved Change Order 2 with Mart, Inc., in the not-to-exceed amount of
$27,286.86. (Ordinance 21-1445).
RECOMMENDATION
Award Change Order No. 3 with Mart, Inc., in a not-to-exceed amount of $53,506.77, for a total amended
contract amount of $1,688,146.68.
PRINCIPAL PLACE OF BUSINESS
Mart, Inc.
Irving, TX
ESTIMATED SCHEDULE OF PROJECT
This project is complete. Upon City Council approval of this change order the remaining payment will be
issued to the vendor and retainage will be released.
FISCAL INFORMATION
This project will be funded from the Capital Improvement Project American Legion Hall Renovation
account 100233444. Purchase Order #193063 will be revised to include the Change Order 3 amount of
$53,506.77. The total amended amount of this contract is $1,688,146.68.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Ordinance and Contract
Exhibit 3: Change Order 1
Exhibit 4: Ordinance and Change Order 2
Exhibit 5: Ordinance and Change Order 3
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Trevor Crain 940-349-7426.
Legal point of contact: Marcella Lunn at 940-349-8333.