7417 - Amendment 3 Executed
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Purchasing Contact
Contract Expiration
Docusign Envelope ID: 38B4E18B-BCEE-499F-925E-4462199EFE5D
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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
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Editor Delivery Events Status Timestamp
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Intermediary Delivery Events Status Timestamp
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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
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Tricia Woliver, Gary Packan
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