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7425 - Amendment 9 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 179161CC-EA40-4D0A-916E-5055C706D62E RFP Gabby Leeper Program Management Services Not Applicable 7425 APRIL 18, 2023 OCTOBER 12, 2023 23-745 1 NINETH 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 NINETH 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”); amended on August 16, 2022 to include Task Order 1, in the additional amount of $423,320 aggregating a not-to-exceed $2,453,860.00 (the “Eighth Amendment”)(collectively, the Original Agreement, the First Amendment, the Second Amendment, The Third Amendment, the Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment, and the Eighth 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 $317,490.00 with this Amendment, for an aggregate not-to-exceed amount of $2,771,350; 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 DocuSign Envelope ID: 179161CC-EA40-4D0A-916E-5055C706D62E 2 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 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 $317,490.00. 2. This Amendment modifies the Agreement amount to provide an additional $317,490.00 for the additional services with a revised aggregate not to exceed total of $2,771,350.00. 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: 179161CC-EA40-4D0A-916E-5055C706D62E Director of CApital Projects Trevor Crain Engineering / Capital Projects 04/18/2023 Date: March 14, 2023 REV 04.00 Client: City of Denton, TX Contract #: 7425 Project: DSPB - Denton Public Safety Bond Projects Original Task Order # 01.A + 01.B City's Purchase Order # : 196083 Original Contract Approved Additional Services #1 Current Contract Requested Additional Services #2 Proposed Contract DSPB - Denton Public Safety Bond Projects 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 18,760.00 Ongoing Project Controls Services 474,848.00 474,848.00 474,848.00 (15 JAN 2021 > 14 MAY 2022 = 16 Months @ 29,678/MO) Amendment #01 - Ongoing Project Controls Services 296,780.00 296,780.00 296,780.00 (15 MAY 2022 > 14 MAR 2023 = 10 Months @ 29,678/MO) Amendment #02 - Ongoing Project Controls Services 204,778.20 204,778.20 (15 MAR 2023 > 12 OCT 2023 = 6.9 Months @ 29,678/MO) Task Order 1.B - Construction - Stakeholder & Quality Management Ongoing Stakeholder Management Services 29,840.00 29,840.00 29,840.00 (15 JAN 2021 > 14 MAY 2022 = 16 Months @ 1,865/MO) Amendment #01 - Ongoing Stakeholder Management Services 18,650.00 18,650.00 18,650.00 (15 MAY 2022 > 14 MAR 2023 = 10 Months @ 1,865/MO) Amendment #02 - Ongoing Stakeholder Management Services 12,868.50 12,868.50 (15 MAR 2023 > 12 OCT 2023 = 6.9 Months @ 1,865/MO) Ongoing Quality Management Services 134,560.00 134,560.00 134,560.00 (15 JAN 2021 > 14 MAY 2022 = 16 Months @ 8,410/MO) Amendment #01 - Ongoing Quality Management Services 84,100.00 84,100.00 84,100.00 (15 MAY 2022 > 14 MAR 2023 = 10 Months @ 8,410/MO) Amendment #01 - Ongoing Quality Management Services 58,029.00 58,029.00 (15 MAR 2023 > 12 OCT 2023 = 6.9 Months @ 8,410/MO) 658,008.00 399,530.00 1,057,538.00 275,675.70 1,333,213.70 Reimbursable Expenses - Task Order #01.A 22,866.00 22,866.00 22,866.00 Reimbursable Expenses - Task Order #01.B 15,200.00 15,200.00 15,200.00 Reimbursable Expenses - Added Duration (Amdmt #1) 23,790.00 23,790.00 23,790.00 Reimbursable Expenses - Added Duration (Amdmt #2)16,415.10 16,415.10 696,074.00 423,320.00 1,119,394.00 292,090.80 1,411,484.80 ▪ 4450 Arapahoe ▪ Suite 100 ▪ Boulder CO ▪ 80303 ▪ 303.503.1155 Description Subotal - TO 1.A + 1.B + Additional Services 1 +2 Total Contract Value Additional Services Authorization # 02 Increased Project Duration Due to Unforeseen Conditions & Project Team Changes (REV 01 = 28 DEC 2022; REV 02 = 28 JAN 2023; REV 03 = 10 MAR) 230314 PPV DPSB ASA # 02 REV 03.00 to CoD (TC+GPV)Page 1 of 2 © 2023 All rights reserved by Peak Program Value, LLC Exhibit A DocuSign Envelope ID: 179161CC-EA40-4D0A-916E-5055C706D62E Date: March 14, 2023 REV 04.00 Client: City of Denton, TX Contract #: 7425 Project: DSPB - Denton Public Safety Bond Projects Original Task Order # 01.A + 01.B City's Purchase Order # : 196083 ▪ 4450 Arapahoe ▪ Suite 100 ▪ Boulder CO ▪ 80303 ▪ 303.503.1155 Additional Services Authorization # 02 Increased Project Duration Due to Unforeseen Conditions & Project Team Changes (REV 01 = 28 DEC 2022; REV 02 = 28 JAN 2023; REV 03 = 10 MAR) Contract Amendment to the Consultant's Scope of Services For questions about this Additioanal Services Authorization, please contact Chris Squadra at csquadra@peakprogramvalue.com or 303.503.1155. The City and Consultant agree the Scope of Services for Task Orders 01.A + 01.B have been amended as follows: 1. The Consultant has provided (and will continue to provide) evaluation & negotiation services for the CMAR's additional cost requests in excess of the 5.0% maximum specified in Section 1.B.13. These services have been and will be provided at no charge to the City from 15 JAN 2021 to 12 OCT 2023, to the extent the Additional Services herein are billed to and approved by the City. 2. The City recognizes these evaluation & negotiation services have delivered good value to the City. Necessarily these services were (and will continue to be) provided by the Consultant in lieu other services originally shown in Task Orders 1.A + 1.B. 230314 PPV DPSB ASA # 02 REV 03.00 to CoD (TC+GPV)Page 2 of 2 © 2023 All rights reserved by Peak Program Value, LLC DocuSign Envelope ID: 179161CC-EA40-4D0A-916E-5055C706D62E Certificate Of Completion Envelope Id: 179161CCEA404D0A916E5055C706D62E Status: Completed Subject: Please DocuSign: City Council Contract 7425 Program Management Services Amendment 9 Source Envelope: Document Pages: 5 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 1 Gabby Leeper AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Gabby.Leeper@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 3/20/2023 3:01:17 PM Holder: Gabby Leeper Gabby.Leeper@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Gabby Leeper gabby.leeper@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 3/23/2023 10:33:15 AM Viewed: 3/23/2023 10:33:37 AM Signed: 3/23/2023 10:35:43 AM 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: 70.179.111.106 Sent: 3/23/2023 10:35:45 AM Viewed: 3/23/2023 8:55:00 PM Signed: 3/23/2023 8:55:44 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 3/23/2023 8:55:46 PM Viewed: 3/24/2023 9:24:43 AM Signed: 3/24/2023 9:25:30 AM 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: 71.229.204.176 Sent: 3/24/2023 9:25:32 AM Viewed: 3/24/2023 10:05:23 AM Signed: 3/24/2023 10:05:51 AM Electronic Record and Signature Disclosure: Accepted: 3/24/2023 10:05:23 AM ID: d8fc847b-2880-44ba-b81f-0ed8c5474212 Signer Events Signature Timestamp Trevor Crain trevor.crain@cityofdenton.com Director of Capital Projects City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 3/24/2023 10:05:53 AM Viewed: 3/24/2023 10:35:04 AM Signed: 3/24/2023 10:35:56 AM Electronic Record and Signature Disclosure: Accepted: 3/24/2023 10:35:04 AM ID: f43969d7-8ad7-49aa-92e5-60d77d7eee34 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: 3/24/2023 10:35:59 AM Viewed: 4/19/2023 9:06:36 AM Signed: 4/19/2023 9:07:04 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: 47.190.47.120 Signed using mobile Sent: 4/19/2023 9:07:06 AM Viewed: 4/19/2023 9:12:17 AM Signed: 4/19/2023 9:12:22 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus J. Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 4/19/2023 10:13:39 AM Viewed: 4/19/2023 10:24:54 AM Signed: 4/19/2023 10:25:29 AM Electronic Record and Signature Disclosure: Accepted: 4/19/2023 10:24:54 AM ID: 3ed1ed0c-0eaf-4914-b5b0-a7b33edbfa83 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: 3/23/2023 10:35:45 AM 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: 3/24/2023 10:35:59 AM Viewed: 3/24/2023 11:20:15 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None) Sent: 4/19/2023 10:13:40 AM Viewed: 4/19/2023 10:14:25 AM Electronic Record and Signature Disclosure: Accepted: 4/19/2023 10:59:51 AM ID: ebe47ac4-3a9d-42e7-9f81-773a9e967edb City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 4/19/2023 10:25:31 AM Viewed: 4/19/2023 11:34:57 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Hailey Payne Hailey.Payne@cityofdenton.com Administration Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 4/19/2023 10:25:32 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 3/23/2023 10:33:15 AM Certified Delivered Security Checked 4/19/2023 10:24:54 AM Signing Complete Security Checked 4/19/2023 10:25:29 AM Completed Security Checked 4/19/2023 10:25:32 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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