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7417 - Amendment 3 Executed Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration Docusign Envelope ID: 38B4E18B-BCEE-499F-925E-4462199EFE5D NA 7417 Bowling Green Park Amendment 3 Erica Garcia 7417 PSA – Amendment #3 Page 1 of 2 THIRD AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND WESTWOOD PROFESSIONAL SERVICES, INC. PSA 7417 THE STATE OF TEXAS § COUNTY OF DENTON § THIS THIRD AMENDMENT TO CONTRACT 7417 (“Amendment”) by and between the City of Denton, Texas (“City”) and Westwood Professional Services, Inc. (“Consultant”); to that certain contract executed on December 2, 2020, in the original not- to-exceed amount of $62,800 (the “Original Agreement”); amended on December 17, 2021 in the additional amount of $4,500 aggregating a not-to-exceed amount of $67,300 (the “First Amendment”); amended on February 14, 2023, in the additional amount of $6,000 aggregating a not-to-exceed amount of $73,300 (the “Second Amendment”); (collectively, the Original Agreement, the First Amendment and the Second Amendment, are the “Agreement”) for services related to the Master Plan and Design of Bowling Green Park. WHEREAS, the City deems it necessary to further expand the services provided by Consultant to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount of $22,000 with this Amendment for an aggregate not-to-exceed amount of $95,300; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Consultant to the City; NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the “Parties”), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. The additional services described in Exhibit “A” of this Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the Master Plan and Design of Bowling Green Park, are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, the City agrees to pay, based on the cost estimate detail attached as Exhibit “A” to this Amendment, attached hereto and incorporated herein for all purposes, a total fee, including reimbursement for non-labor expenses an amount not to exceed $22,000. 2. This Amendment modifies the Agreement amount to provide an additional $22,000 for the additional services with a revised aggregate not to exceed total of $95,300. Docusign Envelope ID: 38B4E18B-BCEE-499F-925E-4462199EFE5D 7417 PSA – Amendment #3 Page 2 of 2 The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date _________________________. “Consultant” WESTWOOD PROFESSIONAL SERVICES, INC. By: _________________________________ AUTHORIZED SIGNATURE, TITLE “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _______________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT Docusign Envelope ID: 38B4E18B-BCEE-499F-925E-4462199EFE5D Project Manager, Associate Gary Packan Director of Parks and Recreation Parks and Recreation Senior Buyer 7/16/2024 May 16, 2024 (Revised) Project No.: 39608.01 Ms. Colleen Fitzpatrick CITY OF DENTON PO Box 660150 Denton, Texas 75266 Re: Professional Civil Engineering, Land Surveying & Landscape Architecture Services BOWLING GREEN PARK Denton, Denton County, Texas Dear Ms. Fitzpatrick: Westwood Professional Services, Inc. is pleased to submit this proposal to provide professional civil engineering, land surveying and landscape architecture services relating to the referenced project. It is our understanding the project consists of additional services to provide landscape architecture, civil engineering, land surveying, and electrical services per the documents with redlines and comments provided by the City on February 28, 2024 and in an email provided April 4, 2024. Based on our preliminary discussions and the information received to date, our perception of the project is described in the attached documents: • Exhibit A – Scope of Services; • Exhibit B – Compensation and Method of Payment; Westwood Professional Services, Inc. is pleased to have this opportunity to submit this proposal and look forward to working with you on this project. If the proposed agreement is acceptable to you as presented, please execute one copy of the agreement form and return one original copy to our office. If you have any questions or would like any additional information, please do not hesitate to call us at your convenience. Sincerely, Tricia A. Woliver, PLA TAW/teb EXHIBIT ADocusign Envelope ID: 38B4E18B-BCEE-499F-925E-4462199EFE5D EXHIBIT A to Agreement between the City Denton, Texas (“Client”) and Westwood Professional Services, Inc., (“Westwood”) for Consulting Services 5/16/2024 Page 2 EXHIBIT ‘A’ – ADDITIONAL SCOPE OF SERVICES BOWLING GREEN PARK DENTON, TEXAS PROJECT DESCRIPTION: The project consists of additional services to provide landscape architecture, civil engineering, land surveying, and electrical services per the documents with redlines and comments provided by the City on February 28, 2024 and in an email provided April 4, 2024. Items include modifications to paving, landscape, grading and to include additional services such as lighting, tree mitigation, and additional accessibility requirements per the City ADA Transition Plan. WESTWOOD SCOPE: Landscape Architecture Services A. Revisions to Landscape Architecture Plans Westwood will revise landscape architecture plans, including Tree Mitigation, Electrical, Erosion Control, Layout and Grading, Planting Plan, Irrigation Plan, and Details as appropriate to reflect revisions and comments received from the City of Denton email on February 28, 2024 and in an email provided April 4, 2024. Any additional changes not specifically described above will be addressed through a separate Change Order proposal. Assumptions: Area of work is as shown in the attached Exhibit D. Included in this item: • Revisions to Layout and Grading Plan • Revisions to Landscape Plans • Revisions to Irrigation Plans • Coordination with team members and engineering for submittals • Coordination with Play equipment vendor for ADA compliance • Pedestrian Bridge coordination for USAE permit approval (Service Complete: LOE sent 01/03/2024) Not included in this item: • Modeling of any building architecture • 3-D models • Environmental Investigation • Additional revisions not included in the comments and redlines provided by the City on February 28, 2024. Docusign Envelope ID: 38B4E18B-BCEE-499F-925E-4462199EFE5D EXHIBIT A to Agreement between the City Denton, Texas (“Client”) and Westwood Professional Services, Inc., (“Westwood”) for Consulting Services 5/16/2024 Page 3 Civil Engineering Services – Site Design B. Erosion Control Plan Westwood will prepare an Erosion Control Plan for the referenced project and indicate the location of proposed temporary best management practices (BMPs) for erosion and sediment control, including their respective details. Included in this item: • Coordination of City review and approval of plans prepared as part of this item. • One (1) revision to the plan to reflect site plan changes as a result of Owner or Architect comments. Additional changes will be made on an hourly rate basis. • Location and construction details for erosion/sediment control devices to manage the discharge of Stormwater runoff from the site during construction activities. Not included in this item: • Services associated with filing of the "Notice of Intent" form (NOI) to the Texas Commission on Environmental Quality (TCEQ) for the proposed construction activities. • The Client and/or Contractor will be responsible for regulatory agency permitting and preparation of a Storm Water Pollution Prevention Plan (SWPPP). C. Electrical Transformer and Electrical Design Services Westwood will provide engineering design services for an electrical transformer and electrical service conduit connection in accordance with requirement of the Approving Agency and NEC standards. [NOTE: For purposes of this proposal, the Approving Agency refers to City of Denton.] Included in this item: • Site visit to the site to document any existing equipment and locate possible power service locations. • Coordination with local electric service provider to obtain transformer location for the park and any clearance requirements for any transmission lines along the corridor, as needed. • Coordination with local electric service provider to obtain electrical service location near pavilion inside park. Coordinate design requirements to ensure transformer can reach service • As needed, develop a set of construction plans. The plan set may include: o The type, location, and quantity summary of the conduit, ground boxes, power sources, conduit chart, and all other items required for the complete construction of the luminaires. o Approving agency/TxDOT standard sheets. o Bid documents (provided upon request for additional fee) • Submittals to the Approving Agency include: o Preliminary plan set (as needed) o Preliminary plan set with revisions (as needed) o Final plan set Docusign Envelope ID: 38B4E18B-BCEE-499F-925E-4462199EFE5D EXHIBIT A to Agreement between the City Denton, Texas (“Client”) and Westwood Professional Services, Inc., (“Westwood”) for Consulting Services 5/16/2024 Page 4 Assumptions: • No lighting design or other design to facilities are part of this project and will be done by others. • Scope focuses only on transformer location, service location, and conduit to connect the two items. Special Services – If Requested D. Record Engineering Drawings Based on project construction records, maintained and provided by the Contractor, Westwood will prepare final Record Drawings of the referenced project in conformance with applicable City requirements. These drawings will rely solely on the information provided by the Contractor. Field verification of actual construction is not included in this item. In the event the Contractor claims no changes were made to the plans during construction, Contractor will provide a letter on their letterhead positively stating that all construction was done per the construction documents. Not included in this item: • GPS location of utility pipes and fittings. Services not included in this contract: ▪ Construction inspection services ▪ As-built surveys of constructed improvements ▪ Public hearings or City Council/Commission meetings ▪ Utility coordination meeting(s) to start relocation process with affected franchise utilities ▪ Reset property corner monumentation disturbed or removed during or after construction ▪ Required application and permitting fees (LOMR) or special insurance premiums are not included ▪ Phase II Environmental Site Assessments ▪ Storm Water Pollution Prevention Plans (SWPPP) ▪ Floodplain studies and permitting ▪ Boundary and topographic surveying aside from those enumerated in the scope above ▪ Preliminary and final platting ▪ Zoning change assistance ▪ Site Plan layout ▪ Traffic and parking studies ▪ Retaining wall design ▪ Design of screening walls, light pole bases, transformer or generator pads, hardscape features, pavers and/or site signage ▪ Design of any underfloor drainage systems or grading ▪ Design of french drain systems around the building perimeters ▪ Signage Plan ▪ Off-site roadway, drainage, and utility extensions/improvements ▪ LEED pursuit ▪ Construction staking END OF EXHIBIT ‘A’ Docusign Envelope ID: 38B4E18B-BCEE-499F-925E-4462199EFE5D EXHIBIT B to Agreement between the City of Denton, Texas (“Client”) and Westwood Professional Services, Inc., (“Westwood”) for Consulting Services 5/16/2024 Page 5 EXHIBIT ‘B’ – COMPENSATION AND METHOD OF PAYMENT BOWLING GREEN PARK DENTON, TEXAS COMPENSATION: For all professional services included in EXHIBIT ‘A’, Scope of Services, Westwood shall be compensated a lump sum fee of $26,000.00 as summarized below. The total lump sum fee shall be considered full compensation for the services described in EXHIBIT ‘A’, including all labor materials, supplies, and equipment necessary to deliver the services. SERVICES Landscape Architecture Services A. Revisions to Landscape Architecture Plans $11,000.00 SUBTOTAL $11,000.00 Civil Engineering Services B. Erosion Control Plan $6,000.00 C. Electrical Plan $5,000.00 SUBTOTAL $11,000.00 TOTAL $22,000.00 SPECIAL SERVICES – IF REQUESTED D. Record Engineering Drawings $2,500.00 METHOD OF PAYMENT: Westwood shall be paid monthly payments as described in Article 3 of the AGREEMENT. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of Westwood. Monthly statements for reimbursable services performed by sub consultants will be based upon the actual cost to Westwood plus ten percent (10%). Direct expenses for services such as printing, express mail, fees, mileage and other direct expenses that are incurred during the progress of the project will be billed at 1.1 times Westwood’s cost. END OF EXHIBIT ‘B’ Docusign Envelope ID: 38B4E18B-BCEE-499F-925E-4462199EFE5D Certificate Of Completion Envelope Id: 38B4E18BBCEE499F925E4462199EFE5D Status: Completed Subject: ***Purchasing Approval***7417 Bowling Green Park Amendment 3 Source Envelope: Document Pages: 8 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Erica Garcia AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 7/16/2024 10:06:13 AM Holder: Erica Garcia erica.garcia@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Erica Garcia erica.garcia@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 7/16/2024 10:08:43 AM Viewed: 7/16/2024 10:08:55 AM Signed: 7/16/2024 10:09:14 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tricia Woliver Tricia.Woliver@westwoodps.com Project Manager, Associate Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 12.158.42.198 Sent: 7/16/2024 10:09:16 AM Viewed: 7/16/2024 11:08:30 AM Signed: 7/16/2024 11:10:03 AM Electronic Record and Signature Disclosure: Accepted: 7/16/2024 11:08:30 AM ID: 175ff20e-6208-4f54-a4a7-cb7aeae0bdbf Gary Packan Gary.Packan@cityofdenton.com Director of Parks and Recreation Parks and Recreation Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/16/2024 11:10:05 AM Viewed: 7/16/2024 1:04:28 PM Signed: 7/16/2024 1:52:03 PM Electronic Record and Signature Disclosure: Accepted: 7/16/2024 1:04:28 PM ID: dbf928ff-82a7-487b-85ed-07e97c5b5d7a Erica Garcia erica.garcia@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/16/2024 1:52:04 PM Viewed: 7/18/2024 9:12:18 AM Signed: 7/18/2024 9:12:34 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 7/18/2024 9:12:35 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/16/2024 10:08:43 AM Certified Delivered Security Checked 7/18/2024 9:12:18 AM Signing Complete Security Checked 7/18/2024 9:12:34 AM Completed Security Checked 7/18/2024 9:12:35 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 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. 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