2007-253S:\Our Documents\Ordinances\07Unnovative Transporauon Ord.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING CHANGE ORDER FIVE 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, Change Order Five 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, 2007 through September 30, 2008, 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,
2007 through September 30, 2008. The City Manager, or his designee, is hereby authorized to
execute Change Order Five on behalf of the City and to make the expenditure of funds provided
for by Change Order Five 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.
S:\Our Documents\Ordinances\07\lnnovative Transporadon Ord.doc
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 10h day of '2007.
K w-r jm~
PPEFX~K MCNEILL, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 4
APPRO D AS LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
S:\Our Documents\Contraas\OTITS change order.doc
CHANGE ORDER FIVE AND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING SERVICES
STATE OF TEXAS
COUNTY OF DENTON
THIS CHANGE ORDER FIVE 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, 2008 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 Five).
SECTION 2. Article III "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 1, 2007 through September 30, 2008.
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 1, 2007 through September 30, 2008.
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 executed this
C ntract trough its duly authorized undersigned officer on this the &M, day of
2007.
S:\Our Documents\ContracB\07UTS change order.doc
CITY OF DENTON, TEXAS
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By.
APPROVED AS LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 2 of 2
g:\its\fy Wits exhibit a.doc
EXHIBIT A
WORK DIRECTIVE CHANGE NUMBER FIVE
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC.
This Work Directive Change (WDC) is made this ~ day of 2007,
between the City of Denton ("City") and Innovative Transportatio 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;
• Facilitating the coordination between the City of Denton and TxDOT on the
development of the Trans Texas Corridor;
to 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.
Page 1
g:\its\fy 08\its exhibit a.doc
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, 2008 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 Three that changes the
Scope of Work. It extends the term of the Contract through September 30, 2008.
In all other respects, the Contract remains the same.
CITY OF DENTON, TEJ
BY:
GEORGE C. CAMPBEL
City Manager
Date: l/ d 4 AtW y
ATTEST:
JENNIFER WALTERS, ITY SECRETARY
BY: ud6A
APPROVED AS FORM:
EDWIN M. SYNDER, CITY ATTORNEY
BY: .9
INNOVATIVE TRANSPORTATIDN-90=TIQNS, INC.
BY:
JOHN
Page 2