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HomeMy WebLinkAbout8663 - Amendment 1 Executed DocuSign Transmittal Coversheet File Name Purchasing Contact Docusign Envelope ID: C4F9EC92-B6E7-87B6-8134-7FBD5D3B52EE 8663 Biddy Bye Park Amendment 1 Erica Garcia 1 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND WHIRLIX DESIGN, INC. 8663 THIS FIRST AMENDMENT TO CONTRACT 8663 (this “Amendment”) by and between the City of Denton, Texas (“City”) and WHIRLIX DESIGN, INC. (“Contractor”) to that certain contract executed on November 19, 2024, in the original not- to-exceed amount of $279,173 (the “Agreement”); for services related to the Biddy Bye Park. WHEREAS, the City deems it necessary to further expand the services provided by Contractor to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $49,790 with this First Amendment for an aggregate not-to-exceed amount of $328,963; and WHEREAS, this amendment incorporates any previously executed documents between the parties including but not limited to pricing adjustments. WHEREAS, the City deems it necessary to further expand the goods/services provided by Contractor to the City; and WHEREAS, the original not-to-exceed amount may not be increased by more than 25.0% as provided in Texas Local Government Code Sec. 252.048; and NOW THEREFORE, the City and Contractor (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 First Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. This Amendment modifies the Agreement amount to provide an additional $49,790 for additional services and materials to be provided in accordance with the terms of the Agreement with a revised aggregate not-to-exceed total of $328,963. 2. The additional goods/services described in Exhibit “A” of this Amendment, attached hereto and incorporated herein for all purposes, for goods/services related to Biddy Bye Park, are hereby authorized to be performed by Contractor. For and in consideration of the additional goods/services to be performed by Contractor, the City agrees to pay, based on the cost estimate detail attached as Exhibit “A”. 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. Docusign Envelope ID: C4F9EC92-B6E7-87B6-8134-7FBD5D3B52EE 2 IN WITNESS WHEREOF, the City and the Contractor, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date_______________________________________. THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT APPROVED AS TO FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ “CONTRACTOR” WHIRLIX DESIGN, INC. By: _____________________________ AUTHORIZED SIGNATURE, TITLE “BUYER” CITY OF DENTON By: _____________________________ AUTHORIZED SIGNATURE, TITLE Docusign Envelope ID: C4F9EC92-B6E7-87B6-8134-7FBD5D3B52EE Project Manager Director of Parks and Recreation Jen Basham Parks and Recreation 9/15/2026 Senior Buyer Whirlix Design Inc 1751 International Pkwy #131 Richardson, TX 75081 Phone: 800-975-2147 CONTRACT AMENDMENT AND CHANGE ORDER APPROVAL WHIRLIX DESIGN INC CO#1 revised Job: Biddie Bye Park Contact: Ziad Kharrat Ph:940-349-7464 Signature: Date: rev 8.10.26 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: This CO#1 is for the addition of an interior concrete playground border, and 80LF of drainage to be installed to drain out to the pond. The cost for the concrete border is $24,871.00 and the Drainage is $4,782.00 for a total of $29,653.00 before BB Discount. Contract Amount: $279,123.00 CO #1 added Sum: $29,653.00 5% Buy Board Discount: -$1,483.00 Change Order #1 Total: $28,170.00 New Contract per CO#1: $307,343.00 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. EXHIBIT ADocusign Envelope ID: C4F9EC92-B6E7-87B6-8134-7FBD5D3B52EE Whirlix Design Inc 1751 International Pkwy #131 Richardson, TX 75081 Phone: 800-975-2147 CONTRACT AMENDMENT AND CHANGE ORDER APPROVAL WHIRLIX DESIGN INC CO#2 Job: Biddie Bye Park Contact: Ziad Kharrat Ph: 940-349-7464 Signature: Date: rev. 8.10.26 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: This CO#2 is for the dirt work that needed to be completed bc it was not being done by others. We could not continue to form up the playground without the dirt work being completed. Contract per CO#1: $307,343.00 CO# 2 added Sum of $2,105.00 5% Buy Board Discount: -$105.00 Change Order #2 Total: $2,000.00 New Contract: $309,343.00 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. EXHIBIT ADocusign Envelope ID: C4F9EC92-B6E7-87B6-8134-7FBD5D3B52EE Whirlix Design Inc. 1916 K Ave Plano TX 75074 Date: 6-5-26 Project: Biddy Bye Park Location: Denton, Tx Proposal Expires: 30 Days from The Above Date BUYBOARD CONTRACT # 781-25, VENDOR # 3120 We are a self-reporting vendor for Buy Board. Please send all purchase orders, payments, etc. directly to The Whirlix Design team. Playground Surfacing and Drainage Work needed prior to installation of surfacing Surface: EWF Installation: By Factory Trained and Certified Installers Quantity/Sizes: See Attached Renders This proposal is for additional scope that is needing to be completed prior to the EWF surfacing being installed onsite at Biddy Bye Park. We will need to demo compromised base rock, and drainage $2605. We will be replacing it with new geo fabric underneath base rock, base rock $9242, new fabric over base rock and underneath EWF, 150LF drainage out of the playground and under newly poured sidewalk $7773. See Buy Board breakdown below. Scope Retail Cost Co-Op Discount Final Price 1.We will need to demo compromised base rock and drainage $ 2742.41 less 5 % $2605.00 2.Replace it with new geo $ 9728.44 less 5 % $9242.00 3.Excavate 150 Linear Feet of drainage out of the playground and under newly poured sidewalk $ 8183.36 less 5% $7773.00 Total $19,620.00 (Nineteen Thousand Six Hundred Twenty Dollars and 0/100. ) Base Bid Includes: o Full Submittal Package o Warranty As Specified – Best in the Business! o Certified Installation o Freight o ADA Compliant Play Surfacing o New Drainage o New Geo Fabric o Engineered Wood Fiber or Other Safety Surfacing o Demo of compromised rock, geo and drainage including haul off Base Bid Excludes (unless otherwise noted): EXHIBIT A CHANGE ORDER 3 Docusign Envelope ID: C4F9EC92-B6E7-87B6-8134-7FBD5D3B52EE Whirlix Design Inc. 1916 K Ave Plano TX 75074 o Sales Tax o Textura, Oracle, etc. o Professional Liability Insurance o Construction Management Software Platforms Required for Project o Payment, Performance, and Maintenance Bonds o Use of Credit or Debit Cards as Payment o Demolition of Existing Structure o Excavation and Removal of Soil o Haul Off or On-Site Disposal of Remaining Dirt o TuffTimber or Concrete Border o Drilling Through Rocky Soil o Hitting of New or Existing Sprinkler Lines. o Hitting of Private Electric, Water, Sewer, Internet, or any other Utility Lines that are Not Detectible by Commercial Line Location. o Sod Replacement due to Reasonable Path of Travel to Project or Play Area Location. We need access to project location. o Surveying of Site o Craning of Equipment o Logistical Issues that Prevent Truck or Equipment Access to Site o Special Augers or Drilling Equipment o Certified Payroll / Progress Billing o Setting of Control Points or Benchmarks o Remobilization Charges Due to Weather or Project Delays o Offsite Storage of Equipment Due to Weather or Project Related Delays o On Site Security o Permitting and Inspections o Third Party Inspections o Wet Stamped Engineering Drawings o Soil Testing (If Required) o Dumpster o Latrine on Site o Geotechnical Report NOTE*: All new customers are subject to a credit check and Possible deposit. Payment terms will be based, in part, on credit review from The Experian Business Division. Standard Terms: Net 30 for Existing Customers All Drop Ship Items are 100% Payment at time of Order Whirlix requires all Bond information to be presented at the time of the Signed Proposal, Contract, and / or Deposit. Pursuant to Tex. Prop. Code § 53.159, All taxes now or hereafter are levied by federal, state or local authority upon the sale of any of the forgoing products to be paid for by the purchaser. All quotations are subject to the conditions printed on the following pages if any and when accepted are subject to the approval of an officer of this company. Prepared by Will Stirling · Whirlix Design Inc · swstirling@whirlix.com · 469-560-1110 EXHIBIT A Docusign Envelope ID: C4F9EC92-B6E7-87B6-8134-7FBD5D3B52EE Whirlix Design Inc. 1916 K Ave Plano TX 75074 Acceptance of Approval: The above prices, specifications, and conditions are satisfactory and accepted. You are hereby authorized to provide all items described above. Any balances not paid within thirty (30) days of the date of the invoice shall accrue interest at the rate of 18% per annum. Any action to construe, declare or enforce this contract shall only be brought in a court of competent jurisdiction with venue lying solely and exclusively in Dallas County, Texas. The prevailing party in any action brought to construe, declare or enforce this contract shall be entitled to recover its actual attorney’s fees, attorney’s travel time charges and expenses, paralegal fees, computer access and utilization charges, expert witness fees and expenses, costs, expenses and expenses of investigation, discovery, and litigation. The parties to this contract expressly waive the right to trial by jury of any cause of action or defense pertaining to this contract. The above prices, specifications, and conditions are satisfactory and accepted. You are hereby authorized to provide all items described above. Date: _______________ Signature: ________________________ EXHIBIT A Docusign Envelope ID: C4F9EC92-B6E7-87B6-8134-7FBD5D3B52EE Certificate Of Completion Envelope Id: C4F9EC92-B6E7-87B6-8134-7FBD5D3B52EE Status: Completed Subject: ***Purchasing Approval***8663 - Biddy Bye Park Amendment 1 Source Envelope: Document Pages: 8 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 1 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 9/4/2026 1:39:21 PM 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: 9/4/2026 1:41:19 PM Viewed: 9/4/2026 1:42:23 PM Signed: 9/4/2026 1:42:36 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 9/4/2026 1:42:38 PM Viewed: 9/4/2026 3:56:17 PM Signed: 9/4/2026 4:05:08 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Leah Bush leah.bush@cityofdenton.com Assistant City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 9/4/2026 4:05:10 PM Viewed: 9/9/2026 5:01:31 PM Signed: 9/9/2026 5:03:47 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Will Stirling wstirling@whirlix.com Project Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.189.9.82 Sent: 9/9/2026 5:03:48 PM Viewed: 9/10/2026 8:09:43 AM Signed: 9/10/2026 8:36:06 AM Electronic Record and Signature Disclosure: Accepted: 7/21/2026 8:17:49 AM ID: e8e1d6ba-ee38-41e1-b6df-3bf9c5b6edd5 Signer Events Signature Timestamp Jen Basham Jen.Basham@cityofdenton.com Director of Parks and Recreation Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 9/10/2026 8:36:07 AM Resent: 9/14/2026 8:32:46 AM Viewed: 9/14/2026 10:14:47 AM Signed: 9/14/2026 10:15:36 AM Electronic Record and Signature Disclosure: Accepted: 9/14/2026 10:14:47 AM ID: 643a97b8-60b5-4421-bdd6-8c131512183d 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: 9/14/2026 10:15:38 AM Viewed: 9/16/2026 8:38:52 AM Signed: 9/16/2026 8:39:39 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: 9/16/2026 8:39:41 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 9/4/2026 1:41:20 PM Certified Delivered Security Checked 9/16/2026 8:38:52 AM Signing Complete Security Checked 9/16/2026 8:39:39 AM Completed Security Checked 9/16/2026 8:39:41 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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