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. Salazar, Rosa Rios
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you mustwithdraw your consent using the DocuSign 'Withdraw Consent’ form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@ cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address. .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing @cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Ring Systems:0'
Browsers (for SENDERS
Browsers (for SIGNERS):
r
e
mlet Explorer 6.0?, Mozilla FireFox 1.0NetScape 7.2 (or above
Mess to a valid email account&Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable Hmp 1.1 settings via
roxy connectIon
## These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the ’I agree' button below.
By checking the ’I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OFELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.