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7425 - Amendment 8 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: C5468A87-2E0B-4542-A433-765A753229AC PSA No Program Management Services, Amendment 8 7425 Christa Christian N/A AUGUST 16, 2022 22-1687 1 EIGHTH AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND PEAK PROGRAM VALUE, LLC. PSA 7425 THE STATE OF TEXAS § COUNTY OF DENTON § THIS EIGHTH AMENDMENT TO CONTRACT 7425 (“Amendment”) by and between the City of Denton, Texas (“City”) and PEAK PROGRAM VALUE, LLC. (“Consultant”); to that certain contract executed on October 13, 2020, in the original not- to-exceed amount of $696,074.00 (the “Original Agreement”); amended on February 8, 2021 in the additional amount of $44,910.00 aggregating a not-to-exceed amount of $740,984.00 (the “First Amendment”); amended on April 8, 2021 to include task order 3, project controls and City support for The Junction Project, in the additional amount of $0 aggregating a not-to-exceed amount of $740,984.00 (the “Second Amendment”); amended on June 15, 2021 to include task orders 4, 5 and 6, in the additional amount of $463,985.00 aggregating a not-to- exceed amount of $1,204,969.00 (the “Third Amendment”); amended on August 20, 2021 to include Task Order 5, Revision 1 and Task Order 7, in the additional amount of $36,791.00 aggregating a not-to- exceed amount of $1,241,760.00 (the “Fourth Amendment”); amended on September 14, 2021 to include Task Order’s 8, 9 and 10, in the additional amount of $540,256.00 aggregating a not-to- exceed amount of $1,782,016.00 (the “Fifth Amendment”) amended on October 19, 2021 to include Task Order 11, in the additional amount of $216,769.00 aggregating a not-to- exceed amount of $1,998,785.00 (the “Sixth Amendment”) amended on December 27, 2021 to include Task Orders 12 and 13, in the additional amount of $31,755.00 aggregating a not-to- exceed amount of $2,030,540.00 (the “Seventh Amendment”) (collectively, the Original Agreement, the First Amendment, the Second Amendment, The Third Amendment, the Fourth Amendment, Fifth Amendment, Sixth Amendment, and the Seventh Amendment are the “Agreement”) for services related to Program Management Services. 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 amount of $423,320.00 with this Amendment, for an aggregate not-to-exceed amount of $2,453,860.00; and FURTHERMORE, the City deems it necessary to further expand the 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: DocuSign Envelope ID: C5468A87-2E0B-4542-A433-765A753229AC 2 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 Program Management Services, 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”, a total fee, including reimbursement for non-labor expenses an amount not to exceed $423,320.00. 2. This Amendment modifies the Agreement amount to provide an additional $423,320.00 for the additional services with a revised aggregate not to exceed total of $2,453,860.00. 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” PEAK PROGRAM VALUE, LLC.. By: _________________________________ Chris Squadra, Partner “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _______________________________ Sara Hensley, City Manager ATTEST: ROSA RIOS, CITY SECRETARY By: _________________________________ AUTHORIZED SIGNATURE, TITLE APPROVED AS TO LEGAL FORM: By: _________________________________ MACK REINWAND 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: C5468A87-2E0B-4542-A433-765A753229AC Facilities Management Director - Airport & Facilities Scott Gray 08/16/2022 Date: May 9, 2022 # 01 REV 01.00 Client: City of Denton, TX Contract #: 7425 Task Order #s: 01.A + 01.B Project: DSPB - Denton Public Safety Bond Projects City's Purchase Order # : 196083 Original Contract Requested Additional Services Proposed Contract DSPB - Denton Public Safety Bond Projects Preconstruction w/Separate Contract Task Order 1.A - Construction - Cost,Schedule & Info Management Set Up Project Controls & Info Mangement Systems 18,760.00 18,760.00 Ongoing Project Controls Services 474,848.00 474,848.00 (15 JAN 2021 > 14 MAY 2022 = 16 Months @ 29,678/MO) Ongoing Project Controls Services 296,780.00 296,780.00 (15 MAY 2022 > 14 MAR 2023 = 10 Months @ 29,678/MO) Task Order 1.B - Construction - Stakeholder & Quality Management Ongoing Stakeholder Management Services 29,840.00 29,840.00 (15 JAN 2021 > 14 MAY 2022 = 16 Months @ 1,865/MO) Ongoing Stakeholder Management Services 18,650.00 18,650.00 (15 MAY 2022 > 14 MAR 2023 = 10 Months @ 1,865/MO) Ongoing Quality Management Services 134,560.00 134,560.00 (15 JAN 2021 > 14 MAY 2022 = 16 Months @ 8,410/MO) Ongoing Quality Management Services 84,100.00 84,100.00 (15 MAY 2022 > 14 MAR 2023 = 10 Months @ 8,410/MO) 658,008.00 399,530.00 1,057,538.00 Reimbursable Expenses - Task Order #01.A 22,866.00 22,866.00 Reimbursable Expenses - Task Order #01.B 15,200.00 15,200.00 Reimbursable Expenses - Added Duration 23,790.00 23,790.00 696,074.00 423,320.00 1,119,394.00 For questions about this Additioanal Services Authorization, please contact Chris Squadra at csquadra@peakprogramvalue.com or 303.503.1155. ▪ 4450 Arapahoe ▪ Suite 100 ▪ Boulder CO ▪ 80303 ▪ 303.503.1155 Description Subotal - TO 1.A + 1.B + Additional Services Total Contract Value Additional Services Authorization Increased Project Duration & Changes Due to Unforeseen Conditions 220506 PPV DPSB ASA # 01 REV 01.00 to CoD (SG)Page 1 of 1 © 2022 All rights reserved by Peak Program Value, LLC EXHIBIT A DocuSign Envelope ID: C5468A87-2E0B-4542-A433-765A753229AC 6,000,000.00 52,039,401.00 0.00 March DocuSign Envelope ID: A4A4ADEE-732E-4F52-9F89-C0021BFC39C4DocuSign Envelope ID: C5468A87-2E0B-4542-A433-765A753229AC 2 Thos. S. Byrne, Inc. City of Denton 869 S. Woodrow Lane Denton, Texas Procurement, Lori Howell City of Denton____________________ OWNER ________________________________ SIGNATURE Scott Gray, Director Airport, Capital Planning & Facilities_______________ PRINTED NAME AND TITLE ________________________________ DATE 3/11/22 03/11/2022 Martin T. Lehman Digitally signed by Martin T. Lehman Date: 2022.03.11 13:07:22-06'00' DocuSign Envelope ID: A4A4ADEE-732E-4F52-9F89-C0021BFC39C4 3/15/2022 3/15/2022 DocuSign Envelope ID: C5468A87-2E0B-4542-A433-765A753229AC A133 Owner-Contractor Agreement Summary of Delay Impacts & Calendar Days Requested (prepared for Change Order # 02) DocuSign Envelope ID: A4A4ADEE-732E-4F52-9F89-C0021BFC39C4DocuSign Envelope ID: C5468A87-2E0B-4542-A433-765A753229AC PC No. 130.00 The baseline contract schedule was prepared using the City's direction that PD staff would be completely moved out of the existing HQ building prior to NTP, and renovation work could be sequenced using the entire area noted on the drawings (A thru E). This is reflected in the original Exhibit B - Construction Manager's Project Schedule. At NTP, the City informed Byrne that an external temporary location was not available and that the existing PSAP was to remain fully operational until the new PSAP in Area C went live. These conditions created resequencing of the project schedule and phased construction which resulted in a new Substantial Completion date of 16 JUN 2022. A summary of all activity delays added to the schedule , and credit for concurrent delays is listed below. The Executive Schedule Summaries are also attached from the time they started being distributed on 17 AUG 2021. Schedule Impacts Summary 73 Weather Days (See attached weather summary & notification detail) 766 PD HQ Unforeseeable & Other Impacts 374 SS & FR Unforeseeable & Other Impacts (1,025)Credit for Concurrent Delays (See Detailed Schedule for concurrency graphics) 188 Total Net Calendar Days of Delay Requested in Change Order # 02 Unforeseeable and Other Schedule Impacts Summary (See Itemized Delay Logs for both PD HQ and SS/FR; as well as Executive Schedule Summaries) Page 1 of 1 DocuSign Envelope ID: A4A4ADEE-732E-4F52-9F89-C0021BFC39C4DocuSign Envelope ID: C5468A87-2E0B-4542-A433-765A753229AC W E E K L Y S C H E D U L E E X E C U T I V E S U M M A R Y www.encgrp.com Encore Group Phone (469) 315-3254 1 Schedule Update Overview Project: Denton Public Safety Buildings Meeting Date: 04/18/22 Recipients: David Ziebarth Paul Austin Notes on Contract and Project Completion: Activity ID Milestone Name Previous Update’s Date Current Update’s Date A1003 Headquarters Renovation Substantial Completion 10/13/2022 11/04/2022 DISP-1025 Buildout Complete - @ Dispatch 04/08/2022 04/26/2022 A1004 Substation Substantial Completion 05/20/2022 05/27/2022 A1005 Firing Range Substantial Completion 06/10/2022 06/10/2022 A1023 Project Final Completion 11/23/2022 12/15/2022 Notes on Previous Weeks Progress: The Overall Project Completion is projecting a finish date of December 15, 2022. The overall project completion lost 16 days projected progress from its end date since the previous update due to a mutual agreement to push the Go Live date for Area C – New PSAP Addition to May 2nd, 2022, and partly due to the addition of PR 90 for a TV Bump Out Removal. This in turn pushes out Make-Safe Demo and the start of Overhead MEP for Phase 3. The Longest Path of the project is currently beginning in Phase 1 (Area C – New PSAP Addition) – New PSAP Addition with PR 90 – TV Bump Out Removal and Demo Wall for TV Bump Out, followed by subsequent Interior and Closeout activities. The Critical Path then goes through the rest of PSAP, Phase 3 (Area half of E), and lastly Finals and Closeout. Notes on Potential Problems and Conflicts (critical impacts, RFI’s, Changes, etc.): Critical Path Activities of the project include: • Headquarters: o Phase 1 (Area C – New PSAP Addition): Activities beginning with PR 90 – TV Bump Out Removal and Demo Wall for TV Bump Out. o Phase 3 (Area half of E): Activities beginning with Overhead MEP Rough-ins PPV 06 MAY: In today's schedule update meeting today, BCS is showing this Substantial Completion date as 11 NOV 2022. PPV disagrees with the rationale in the narrative below, but agrees the 11 NOV 2022 is correct. DocuSign Envelope ID: C5468A87-2E0B-4542-A433-765A753229AC W E E K L Y S C H E D U L E E X E C U T I V E S U M M A R Y www.encgrp.com Encore Group Phone (469) 315-3254 2 o Final Inspection Activities o Punchlist and Close-Out Activities • Substation: o Interior Finishes Activities: With DME Set Electrical Meter o Final Inspections Activities o Punchlist and Close-Out Activities • Firing Range: o Interior Finishes Activities: With Close Walls o Final Inspections Activities o Punchlist & Close-Out Activities Additional: • Substation Critical Path Lost 5 days progress since the previous update due to Permanent Power being delayed due to the electrical meter having to be set. • Firing Range Critical Path Maintained progress since the previous update. • PR12.4 Locker Procurement @ Area C was added to the schedule to track the delivery of Lockers. • Logic Changes: o Please see the end of month schedule update for a full list of logic changes. DocuSign Envelope ID: C5468A87-2E0B-4542-A433-765A753229AC Certificate Of Completion Envelope Id: C5468A872E0B4542A433765A753229AC Status: Completed Subject: Please DocuSign: City Council Contract 7425 - Amendment 8 Source Envelope: Document Pages: 10 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 1 Christa Christian AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Christa.Christian@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 8/9/2022 5:02:50 PM Holder: Christa Christian Christa.Christian@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Christa Christian christa.christian@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 8/9/2022 5:04:54 PM Viewed: 8/9/2022 5:05:04 PM Signed: 8/9/2022 5:05:19 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: 198.49.140.104 Sent: 8/9/2022 5:05:21 PM Viewed: 8/9/2022 5:06:26 PM Signed: 8/9/2022 5:06:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.115.171.11 Signed using mobile Sent: 8/9/2022 5:06:57 PM Viewed: 8/9/2022 5:07:19 PM Signed: 8/9/2022 5:07:31 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Chris Squadra csquadra@peakprogramvalue.com Chris Squadra, Peak Program Value, LLC Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 71.40.31.167 Sent: 8/9/2022 5:07:33 PM Viewed: 8/9/2022 7:44:12 PM Signed: 8/9/2022 7:45:04 PM Electronic Record and Signature Disclosure: Accepted: 8/9/2022 7:44:12 PM ID: 90bdf05d-6395-408d-a84f-da5eae4c209e Signer Events Signature Timestamp Scott Gray scott.gray@cityofdenton.com Director - Airport & Facilities x Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.38.255.16 Signed using mobile Sent: 8/9/2022 7:45:06 PM Viewed: 8/9/2022 7:49:09 PM Signed: 8/9/2022 7:49:39 PM Electronic Record and Signature Disclosure: Accepted: 8/9/2022 7:49:09 PM ID: 193abf91-022b-49e0-abd8-52d98fc2238d Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 8/9/2022 7:49:45 PM Viewed: 8/9/2022 8:06:27 PM Signed: 8/17/2022 8:39:23 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/17/2022 8:39:26 AM Viewed: 8/17/2022 8:40:53 AM Signed: 8/17/2022 8:40:58 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/17/2022 8:41:00 AM Viewed: 8/17/2022 1:23:11 PM Signed: 8/17/2022 1:23:31 PM Electronic Record and Signature Disclosure: Accepted: 8/17/2022 1:23:11 PM ID: d21b6a91-e816-44c3-9b61-7fbce183cf8b 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: 8/9/2022 5:05:21 PM Viewed: 8/9/2022 6:37:04 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 8/9/2022 7:49:42 PM Viewed: 8/10/2022 8:03:25 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 8/17/2022 1:23:34 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Hailey Payne hailey.payne@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 8/17/2022 1:23:35 PM 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 8/9/2022 5:04:54 PM Certified Delivered Security Checked 8/17/2022 1:23:11 PM Signing Complete Security Checked 8/17/2022 1:23:31 PM Completed Security Checked 8/17/2022 1:23:35 PM 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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