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23-662ORD[NANCE NO. 23-662 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 3 TO THE CONTRACT BETWEEN THE CITY OF DENTON AND MART, INC., FOR THE ADDITIONALWORK 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. 3IN THE NOT-TO-EXCEED AMOUNT OF $53,506.77, FOR A TOTAL CONTRACT AWARDAGGREGATED TO $ 1,688, 146.68). WHEREAS, on February 25, 2020, by Ordinance No. 20-431, the Council awarded acontract to Mart, Inc., in the amount of $1,563,000.00 for the construction and renovation of American Legion Hall Senior Center located at 629 Lakey Street; and WHEREAS, on June 21, 2021, Purchasing awarded a Change Order No. 1 to Mart, Inc., in the amount of $44,353.05; and WHEREAS, on July 20, 202 1, by Ordinance 21-1445, the Council awarded a Change Order No. 2 to Mart, Inc., in the amount of $27,286.86; and WHEREAS, this procurement was undertaken as part of the City’s governmental function;and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to thescope of work and an increase in the payment amount; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Change Order No. 3, increasing the amount of the contract between the City and Mart, Inc., which is on file in the office of the Purchasing Agent, in the amount Fifty-Three Thousand Five Hundred Six and 77/100 ($53,506.77) dollars, is hereby approved, and the expenditure of funds therefore is hereby authorized in accordance with said change order which shall be effective upon the execution of the change order attached hereto. The total purchase order amount increases to $1,688,146.68. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by ]M and seconded by _Ul. This ordinance was passed and approved by the following vote K - L: Aye ./ a // /7 Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 :Brian Beck. District 2: Jesse Davis. District 3 : VACANT. District 4: Brandon Chase McGee, At Large Place 5 :Chris Watts. At Large Place 6: PASSED AND APPROVED this the qPR day of nr.i \, 2023agra. ATTEST : ROSA RIOS, CITY SECRETARY A\\tIll III// //;ity SecretaryROVED AS TO LEGAL FORM MACK REINWAND, CITY ATTORNEY Digitally signed by MarcellaLunn DN: cn=Marcella Lunn, o, JL$h ::,==,=,::=F,-£,@dty,fd,,mI.com. cHJF–––Date: 2023.03.20 1 1 :57:49 -05'OO' A,„ \Xf,CVtllb\ DocuSign Envelope ID: 8BAE462C4EA4446C-8D60-562142FD52F2 DENTON Docusign City Council Transmittal Coversheet 7103RFP File Name AmerIcan LegIon Senlor Center RenovatIons Purchasing Contact G;bby L ''p'' City Council Target Date APRIL 4 ’ 2023 Piggy Back Option Contract Expiration Ordinance Not Applicab1 e N/A 23-662 DocuSign Envelope ID: 8BAE462CJ+EA4446C-8D60-562142FD52F2 CHANGE ORDER/CONTRACT REVISION CITY OF DENTON, TExas - OWNER BID/RFSP # 7103 CHANGE ORDER # , 3 PROJECT : American Legion Senior Center DATED: 3/7/2023 CONTRACTOR : Mart ’ Inc 'CONTRACT DATE: 2/25/2020 JDE ACCT #100233409.1365.40100 THIS CHANGE ORDER/REVISION MAKES THE FOLLOWING CHANGES IN THISCONTRACT : (written description or attach back up) THE ORIGINAL (CONTRACT SUM) ________________________________--_---.--- $ 1r563r OOONET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS _________ $ 71, 639.91 THE (CONTRACT SUM) PRIOR TO Tnis CHANGE ORDER ___--_--------.. $ 1' 634, 639.91 THE (CONTRACT SUM) WILL BE (INCREASED) BY THIS CHANGEORDER THE NEW (CONTRACT SUM) INCLUDING THIS CHANGE ORDER WILLBE. .______________________.__...__________________________________________..___..______ $ 1, 688, 146.68 THE CONTRACT TIME WILL BE (INCREASED) BY __..______________THE DATE OF SUBSTANTIAL COMPLETION AS OF THE DATE OF THIS CHANGE ORDER THEREFORE IS 53, 506.77$ City of DentonOWNERCONTRACTOR (as above) 1503 Perry St .ADDRESS 901–B Texas Str . ADDRESS Irving, TX 75060 Denton, TX 76209 DocuSigned by:1 uh Pr&farGiiAIbEM68 =V Tim Proctor PRINT NAME Sara Hensley (..Ity ManagerPRINT NAME AND TITLE 3/13/2023 DATE Q4/Q4£2QZ3DATE DocuSign Envelope ID: 8BAE462C4EA4446C-8D60-562142FD52F2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. APPROVED AS TO LEGAL FORM: MACK RENWAND , CITY ATTORNEY BY DocuSlgned by: BY0 ID. ChristIne TaylorPRINTED NAME ATTEST: ROSA RIOS, CITY SECRETARYAsslstant C1 ty ManagerTITLE City Manaqer ’sDEPARTMENT DocuSign Envelope ID: 8BAE462C4EA4446C-8D60-562142FD52F2 DENTON Facilities Management 869 S. Woodrow Lane • Denton, TX 76205 • (940) 349-7200 September 20, 2022 To Whom it May Concern: First and foremost, I would like to say thank you for being a partner with the City of Denton (The City) on the Construction of the American Legion Hall. We appreciate your hard work and collaboration in bringing this project to a successful completion. I have reviewed your claim letter along with the submitted backup. The City also asked Kirkpatrick Architects to review the claim and provide response. Based on all this information, I believe that there is some shared responsibility on several the claims while some of these claims do not warrant payment for various reasons. I would like to also point out that there are two contract provisions that would support the City in denying this entire claim. (General Provisions - Terms and Conditions, 4.3 (a) and 8.3 (c). That being said, the City strives to be a good partner on all of our projects and where we believe we have a shared responsibility we wish to rectify the situation. In an effort to expediate these negotiations and get this project closed out, The City is prepared to offer Mart, Inc. $53,506.77. Please let me know if you accept this offer so that we can begin working on the paperwork for this payment. If you choose to decline this offer, I would be happy to continue conversations with you. I would need to request additional information from your company in order to substantiate the timeframes and costs associated with each submission on this claim. I look forward to bringing this issue to a satisfactory close for all involved. Do not hesitate to reach out with any questions or concerns. Trevor Crain, PMP Interim Director of Facilities OUR CORE VALUES Integrity • Fiscal Responsibility • Inclusion • Transparency • Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 [X>cuSign Certificate Of Completion Envelope Id: 8BAE462C4EA4446C8D60562142FD52F2 Subject: Please DocuSign: City Council Contract 7103 American Legion Senior Center- Mart Inc Status: Completed Change Order 3 Source Envelope: Document Pages: 4 Certificate Pages: 6 Signatures: 5 Initials: 1 Envelope Originator: AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Gabby Leeper 901B Texas Street Denton, TX 76209 Gabby.Leeper@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 3/10/2023 1 1 :21 :47 AM Holder: Gabby Leeper Gabby.Leeper@cityofdenton.com Location: DocuSign Signer Events Gabby Leeper gabby.leeper@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Signature Timestamp Sent: 3/10/2023 1 1 :22:38 AM Viewed: 3/1 0/2023 1 1 :23:18 AM Signed: 3/1 0/2023 11 :23:40 AM Completed Using IP Address: 198.49.140.104 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 3/10/2023 1 1 :23:42 AM Viewed: 3/1 0/2023 1 1 :31 :25 AM Signed: 3/10/2023 11 :31 :52 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure;Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication(None) Sent: 3/10/2023 11 :31 :54 AM Viewed: 3/10/2023 1 1 :59:49 AM Signed: 3/10/2023 12:00:14 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Tim Proctor tproctor@martgc.com VP-Operations Security Level: Email, Account Authentication(None) Sent: 3/1 0/2023 12:00:16 PM Resent: 3/13/2023 12:34:28 PM Viewed: 3/1 3/2023 12:52:20 PM Signed: 3/13/2023 12:54:06 PMSignature Adoption: Pre-selected Style Using IP Address: 47.190.63.149 Electronic Record and Signature Disclosure:Accepted: 3/1 3/2023 12:52:20 PMID: 12f17112-le92Jtle6-8995-8f065cae3454 Signer Events Christine Taylor Christine.Taylor@cityofdenton.com Assistant City Manager City of Denton Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 3/1 3/2023 12:54:08 PM Viewed: 3/1 5/2023 1 1:10:04 AM Signed: 3/1 5/2023 11:10:27 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 3/1 5/2023 1 1:10:31 AM Viewed: 4/5/2023 9:22:28 AM Signed: 4/5/2023 9:22:52 AMUsing IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 4/5/2023 9:22:M AM Viewed: 4/5/2023 9:42:29 AM Signed: 4/5/2023 9:42:34 AM Signature Adoption: Pre-selected Style Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Jesus J. Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication(None) Sent: 4/5/2023 12:30:43 PM Viewed: 4/5/2023 12:38:54 PM Signed: 4/5/2023 12:39:17 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 4/5/2023 12:38:M PMID: d7f7a7f8e99e4ba9-9adf-fdace904cd28 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Timestamp Sent: 3/1 0/2023 1 1:23:41 AMCheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 3/1 5/2023 1 1:10:30 AM Viewed: 3/20/2023 9:44:17 AM Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 4/5/2023 12:16:46 PMID: 962b8cd3-0170-+155-b8b62Fe322caf08d0 Sent: 4/5/2023 12:30:46 PM Viewed: 4/5/2023 12:31 :36 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 4/5/2023 12:39:20 PM Viewed: 4/5/2023 12:46:58 PM Hailey Payne Hailey.Payne@cityofdenton.com Administration Manager City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 4/5/2023 12:39:23 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps 3/1 0/2023 11 :22:38 AM 3/1 3/2023 12:34:27 PM 3/1 3/2023 12:34:27 PM 4/5/2023 12:38:54 PM 4/5/2023 12:39:17 PM 4/5/2023 12:39:23 PM Envelope Sent Envelope Updated Envelope Updated Certified Delivered Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked Signing Complete Completed Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Tim Proctor, Jesus J. 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