2010-239sAlegal\our documents\ordinances\10\innovative transportation solutions change order S.doc
ORDINANCE NO. 2010-239
AN ORDINANCE OF THE CITY OF DENTON APPROVING CHANGE ORDER EIGHT
AND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND INNOVATIVE TRANSPORTATION SOLUTIONS, INC.
DATED MARCH 5, 2002; EXTENDING SAID AGREEMENT, AND AUTHORIZING AND
RATIFYING THE EXPENDITURE OF FUNDS FOR WORK TO BE PERFORMED;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CHANGE
ORDER ON BEHALF OF THE CITY AND EXPEND FUNDS AUTHORIZED BY THE
CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 5, 2002 the City entered into a Professional Services Agreement
with Innovative Transportation Solutions, Inc. (the "Consultant") to provide transportation
consultation services (the "Contract"); and
WHEREAS, on March 2, 2004 the City Council approved Change Order One; and
WHEREAS, on October 5, 2004 the City Council approved Change Order Two; and
WHEREAS, on October 18, 2005 the City Council approved Change Order Three; and
WHEREAS, on September 26, 2006 the City Council approved Change Order Four; and
WHEREAS, on November 6, 2007 the City Council approved Change Order Five; and
WHEREAS, on September 23, 2008 the City Council approved Change Order Six; and
WHEREAS, on September 20, 2009 the City Council approved Change Order Seven; and
WHEREAS, Change Order Eight to the Contract attached hereto and made a part hereof
by reference as Exhibit "A" (the "Change Order") is necessary to add outline tasks, to extend the
Contract from October 1, 2010 through September 30, 2011, and to authorize and ratify the
expenditure of funds; and
WHEREAS, the City Council finds that the Change Order and Amendment serves valid
public and municipal purposes and is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The Change Order and Amendment in substantially the form of the
attached Change Order and Amendment is approved extending the Contract from October 1,
2010 through September 30, 2011. The City Manager, or his designee, is hereby authorized to
execute Change Order Eight on behalf of the City and to make the expenditure of funds provided
for by Change Order Eight in the amount of $10,500 per month for a total of $126,000.
SECTION 3. The City Manager, or his designee, is authorized to exercise all rights and
duties of the City of Denton under this Contract.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of '2010.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
F
EXHIBIT A
CHANGE ORDER EIGHT AND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR TRANSPORTAION CONSULTANT SERVICES
STATE OF TEXAS §
COUNTY OF DENTON §
THIS CHANGE ORDER EIGHT AND AMENDMENT to that certain contract made
and entered into on the 5t' day of March, 2002, hereinafter called "Contract" by and between the
City of Denton, Texas, a Texas Municipal Corporation, with its principle office at 215 East
McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and
Innovative Transportation Solutions, Inc. with its corporate office located at 2701 Valley View
Lane, Farmers Branch, Texas, hereinafter called "Consultant."
WHEREAS, the parties wish to extend the Contract through the September 30, 2011 and
make certain other changes more fully set forth herein; NOW, THEREFORE,
WITNESSETH, that in the consideration of the covenants agreement herein contained,
the parties hereto do mutually agree as follows:
SECTION 1. Article II "Scope of Services" and Exhibit A attached to the Contract are
hereby amended by adding the Exhibit A attached to this Contract (Change Order Eight).
SECTION 2. Article IV. "Period of Services" is hereby amended to extend the period of
service from October 1, 2010 through September 30, 2011.
SECTION 3. Article V "Compensation" is hereby amended to provide that the
consultant will be paid an additional amount of $10,500 per month or a total of $126,000 for the
twelve month period from October 1, 2010 through September 30, 2011.
SECTION 4. Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of the Contract shall remain in full force and effect.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Contract to be
executed by its duly authorized City Manager, or designee and Consultant has exerted this
Contract through its duly authorized undersigned officer on this the day of
2010.
CITY OF DENTON, TEXAS
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED A 0 LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
ATTACHMENT A
WORK DIRECTIVE CHANGE NUMBER EIGHT
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC.
This Work Directive Change (WDC) is made this = day of 2010, between
the City of Denton ("City") and Innovative Transportation Solutions, Inc. ("Consultant") to the
above referenced Agreement (the "Contract") in the following respects:
WORK DIRECTIVE CHANGE DESCRIPTION:
Owner and Consultant acknowledge the following additions, deletions, or revision in the Scope
of Work to be performed:
• Facilitate coordination between the City of Denton, the North Central Texas Council of
Governments (NCTCOG) and the Texas Department of Transportation (TxDOT) on the
reconstruction of IH-35 E from southern city limits to the northern city limits;
• Assist in the coordination between the City of Denton, TxDOT and NCTCOG on the
alignment and development of the Interstate 35 Corridor which is a part of the My35
planning initiative formerly known as the Trans Texas Corridor;
• Facilitate the coordination between the City of Denton and TxDOT on the development
of the proposed Outer Loop;
• Assist in coordinating key City of Denton transportation projects with stakeholders to
include, but not be limited to, Denton County, Denton County Transportation Authority,
NCTCOG and TxDOT;
• Assist in facilitating the use and implementation of monies received from the SH 121
Regional Toll Revenue Initiative;
• Assist in the programming and use of monies generated from the development of other
regional toll facilities such as SH 161, SH 170, SH 360 and the Southwest Parkway
through the Regional Toll Equity agreement established by the NCTCOG;
• Facilitate coordination between the City of Denton and Denton County concerning the
County Bond Program that has a majority of the funds dedicated to transportation;
• Assist the City of Denton in monitoring funding sources and opportunities to advance key
City of Denton transportation projects;
• Provide any needed staff assistance for the City's Mobility Committee including
attending monthly meetings, preparing reports, and providing presentations;
• Provide any needed staff assistance for the City's CIP and Bond Oversight committee;
• Assist in the preparation and development of grant and other funding applications;
• Represent the City of Denton with appropriate federal, state, regional and local agencies
and meetings;
• Other transportation planning, funding, and coordinating work as required by the City.
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The continued use of ITS services is integral to the development of future transportation for the
City of Denton, and has resulted in an overall savings of tax dollars above and beyond the
expenditure for these services. Total compensation for these services through September 30,
2011 is $10,500 per month for a total not to exceed $126,000.
City hereby directs the Consultant to proceed as follows:
The parties to the Contract formalize this WDC as Change Order Eight that changes the Scope of
Work. It extends the term of the Contract through September 30, 2011.
In all other respects, the Contract remains the same
CITY OF DENTON,
BY:
GEO GE C. CAMPBELL
City Manager
Date:
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ATTEST:
J ER WALTERS, ITY SECRETARY
BY:
APPROVED AS FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
INNOVATIVE TRANS 0RTAjpN-5M 15, INC.
BY:
JOHN R.
Title: '
Date:
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