2009-246sAour documents\ordinances\09\innovative transportation solultions change order Tdoc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING CHANGE ORDER SEVEN
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, Change Order Seven to the Contract attached hereto and made a part hereof
by reference as Exhibit "A" (the "Change Order") is necessary to add additional tasks, to extend
the Contract from October 1, 2009 through September 30, 2010, 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,
2009 through September 30, 2010. The City Manager, or his designee, is hereby authorized to
execute Change Order Seven on behalf of the City and to make the expenditure of funds
provided for by Change Order Seven in the amount of $10,500 per month for a total of $126,000.
sAour documents\ordinances\09\innovative transportation solultions change order Tdoc
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 , 2009.
4MRK A. URROU , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
EXHIBIT A
CHANGE ORDER SEVEN AND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR TRANSPORTAION CONSULTANT SERVICES
STATE OF TEXAS
COUNTY OF DENTON
THIS CHANGE ORDER SEVEN AND AMENDMENT to that certain contract made
and entered into on the 5th 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, 2010 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 Seven).
SECTION 2. Article IV. "Period of Services" is hereby amended to extend the period of
service from October 1, 2009 through September 30, 2010.
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, 2009 through September 30, 2010.
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 a uted this
C rat through its duly authorized undersigned officer on this the day of
o0 , 2009.
CITY OF DENTON, TEXAS
GEORG C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED A O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
ATTACHMENT A
WORK DIRECTIVE CHANGE NUMBER SEVEN
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC.
This Work Directive Change (WDC) is made this ~ti day of A§Wa, 2009, 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:
• Facilitating the coordination between the City of Denton and the Texas Department of
Transportation (TxDOT) on the reconstruction of IH-35 E from southern city limits to
north of the City just north of the proposed Outer Loop;
• Assist in the coordination between the City of Denton, TxDOT and the North Central
Texas Council of Governments on the alignment and development of the Interstate 35
Corridor which is a part of the Innovative Connectivity Program formerly known as the
Trans Texas Corridor;
• Facilitating the coordination between the City of Denton and TxDOT on the development
of the Outer Loop;
• Facilitating the potential use of monies received from the SH 121 Regional Toll Revenue
Initiative;
• Facilitating the potential 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 North Central Texas Council of
Governments.
• Facilitating coordination between the City of Denton and Denton County concerning the
County Bond Program that has a majority of the funds dedicated to transportation;
• Providing any needed staff assistance for the City's Mobility Committee including
attending monthly meetings;
• Providing any needed staff assistance for the City's CIP and Bond Oversight committee;
• Preparing grant and other funding applications;
• Representing 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 will almost certainly result in an overall savings of tax dollars above and
beyond the expenditure for these services. Total compensation for these services through
September 30, 2010 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 Seven that changes the Scope
of Work. It extends the term of the Contract through September 30, 2010.
In all other respects, the Contract remains the same.
CITY OF DENTON, T
BY: -
~GtORGf, C. CAMPBELL
~ ~ D~
City Manager
Date:
ATTEST:
JENNIFER WALTER CITY SECRETARY
BY: - I A At A-,)
APPROVED AS FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
INNOVATIVE TRANSP A TIONS, INC.
BY:
JOHN WOLSER -
Title: ~x
Date: a~f~t
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