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2004-300AN ORDINANCE OF THE CITY OF DENTON APPROVING CHANGE ORDER TWO FOR 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, Change Order Two to the Contract attached hereto and made a part hereof by reference as Exhibit "A" (the "Change Order") is necessary to add an additional task, to extend the Contract fi:om October 1, 2004 through September 30, 2005, and to authorize and ratify the expenditure of funds; and WHEREAS, the City Council fmds that the Change Order 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 is approved extending the Contract from October 1, 2004 through September 30, 2005. The City Manager, or his designee, is hereby authorized to execute Change Order Two on behalf of the City and to make the expenditure of funds provided for by Change Order Two in the amount of $10,000 per month for a total of $120,000. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ,~~7~ dayof~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT~/~.,7/ATTORNEY EXHIBIT A WORK DIRECTIVE CHANGE NUMBER TWO TO THE PROFESSIONAL SERVICES AGREEMENT WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC. PSA2789 APPROVED BY ORDINANCE 2002-062 ON MARCH 5, 2002 This Work Directive Change (WDC) is made this.~ Day of October, 2004, 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 addition, deletion, or revision in the Scope of Work to be performed: The Scope of Services, included as Exhibit A to the Contract, are revised to include facilitating the ongoing discussions regarding the 135E Major Investment Study that is the precursor to the reconstruction of 1-35E, and discussions concerning the potential use of monies received from tolls should or when SH 121 becomes a toll facility. ITS has facilitated our coordination with the County Bond Program that has a majority of the funds dedicated to transportation. ITS has provided and will continue to provide any needed staff assistance for the City's CIP committee. iTS was instrumental in saving the City of Denton almost $100,000 in negotiations with the Texas Department of Transportation (TXDOT) and the North Central Texas Council of Governments (NCTCOG) concerning distribution of Federal funds for the southbound ramp reversal for 1-35E. 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 2005 are $10,000 per month for a total not to exceed $120,000. Owner hereby directs the Consultant to proceed as follows: The parties to the Contract formalize this WDC as Change Order Two that changes the Scope of Work. It extends the term of the Contract through September 30, 2005. in all other respects, the Contract remains the same. CITY OF DENTON, TEXAS Michael A. Conduff City Mana. ge, r ~ . Page 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS FORM: HERBERT~~~TORNEY BY: -~L,/ INNOVATIVE TRANSPORTATION SOLUTIONS, INC. ~r.~e.. ~OL'STER! Page 2