2006-281
S:\Our Documents\Ordinances\06\lnnovative Transporation Ord.doc
ORDINANCE NO. 2 otJrr 26/
AN ORDINANCE OF THE CITY OF DENTON APPROVING CHANGE ORDER FOUR
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, Change Order Four to the Contract attached hereto and made a part hereof
by reference as Exhibit "A" (thc "Change Order") is necessary to add additional tasks, to extend
the Contract from October 1, 2006 through September 30, 2007, 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,
2006 through September 30, 2007. The City Manager, or his designee, is hereby authorized to
execute Change Order Four on behalf of the City and to make the expenditure of funds provided
for by Change Order Four in the amount of $10,000 per month for a total of $120,000. Any
expenditures previously made under the Contract are ratified and approved.
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.
S:\Our Documcnts\Ordinances\06\Innovative Transporation Ord.doc
PASSED AND APPROVED this the 2 h Ii- day of r )r,/J fem be r
63 &~~f#.JJ
PE~. McNEILL, MAYOR
,2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
~.
/
S:\Our Documenls\ContractsI06\ITS change order.doc
CHANGE ORDER FOUR AND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING SERVICES
STATE OF TEXAS ~
COUNTY OF DENTON ~
THIS CHANGE ORDER FOUR 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, 2007 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 I. 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 Four).
SECTION 2. Article 111 "Additional Services" is hereby amended by changing the
reference in paragraph two from the "Texas Natural Resource Conservation Commission" to the
"Texas Commission on Environmental Quality."
SECTION 3. Article IV. "Period of Services" is hereby amended to extend the period of
service from October I, 2006 through September 30, 2007.
SECTION 4. Article V "Compensation" is hereby amended to provide that the
consultant will be paid an additional amount of $10,000 per month or a total of $120,000 for the
twelve month period from October I, 2006 through September 30, 2007.
SECTION 5. 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 exeyuted this
Contract through its duly authorized undersigned officer on this the 2.0W day of
r )PfJ-I--emUr:2006.
S:\Our Documents\Contracls\06\ITS change order.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVE AS TO C GAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
(?fJ f -'-'J &-h
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Page 2 of2
CITY OF DENTON, TEXAS
~~
INTERIM CITY MANAGER
S:\Our Documents\Contracts\06\ITS Ex A.doc
EXHIBIT A
WORK DIRECTIVE CHANGE NUMBER FOUR
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC.
This Work Directive Change (WOe) is made this 2c;~day of (s,(Jfemi:Jerzo06, 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:
o Facilitating the coordination between the City of Denton and the Texas Department of
Transportation (TxDOT) on the reconstruction ofIH-35 E from southern city limits to US
380;
o Facilitating the coordination between the City of Denton and TxDOT on the development
of the Trans Texas Corridor;
o Facilitating the coordination between the City of Denton and TxDOT on the development
of Loop 9 known as "the outer loop";
o Facilitating discussions concerning the potential use of monies received by tolling SH
121;
o 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;
o Providing any needed staff assistance for the City's Mobility Committee including
attending monthly meetings;
o Providing any needed staff assistance for the City's CIP and Bond Oversight committee;
o Preparing grant and other funding applications;
o Representing the City of Denton with appropriate federal, state, regional and local
agencies and meetings;
o Other transportation planning, funding, and coordinating work as required by the City.
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 30,2007 is $10,000 per month for a total not to exceed $120,000.
City hereby directs the Consultant to proceed as follows:
The parties to the Contract formalize this WDC as Change Order Four that changes the Scope of
Work. It extends the term of the Contract through September 30, 2007.
S:\Our Documents\Contracts\06\ITS Ex A.doc
In all other respects, the Contract remains the same.
CITY OF DENTON, TEXAS
BY WiJM~
HOWARD MARTIN
INTERIM CITY MANAGER
DATE:
tJtj 12;; / eP0
I ,
ATTEST:
JE IFER WALTERS,
APPROVED AS FORM:
EDWIN M. SYNDER, CITY ATTORNEY
BY:
C?p " +-J e. -i-:-
~rW, . .!~~
L....
INNOVATIVE TRANSPORTATION
cNSZ~__
BY: /' ~_
JQRN R. POLSTER
~
Date:
?~s,.lc",r
,
/VY06
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