2013-023 5148 Contract & OrdinanceORDINANCE NO. 2013-023
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND PWR SOLUTIONS, INC. FOR THE
PREPARATION OF THE ANALYSES RESPECTING THE ANNUAL FEDERAL ENERGY
REGULATORY COMMISSION (FERC) 715 REPORT; FOR PREPARATION AND
SUBMISSION OF THE ANNUAL ELECTRIC RELIABILITY COUNCIL OF TEXAS
ERCOT) STEADY STATE WORKING GROUP DATA SETS A AND B; FOR
PREPARATION AND SUBMISSION OF THE ANNUAL ERCOT SYSTEM PROTECTION
WORKING GROUP PRESENT AND FUTURE YEAR SHORT CIRCUIT CASES;
REPRESENTATION OF DENTON MUNICIPAL ELECTRIC IN ERCOT AND OTHER
TR.ANSMISSION SERVICE PROVIDER MEETINGS; FOR ENGINEERING SUPPORT AND
CONSULTATION IN OTHER ELECTRIC SERVICE PLANNING AND SYSTEM STUDY
ISSUES; SUCH SERVICES BE1NG RENDERED 1N SUPPORT OF DENTON MUNICIPAL
ELECTRIC; FINDING AND DETERMINING THAT THE DOCUMENT ENTITLED
PROPOSAL FOR FIVE YEAR TRANSMISSION PLANNING AND TP COMPLIANCE
SUPPORT SERVICES" ("PROPOSAL") WHICH DEFINES THE SCOPE OF SERVICES TO
BE PERFORMED BY PWR SOLUTIONS, 1NC. IS A DOCUMENT THAT PERTAINS TO A
COMPETITIVE ELECTRIC UTILITY MATTER AS SET FORTH UNDER THE
PROVISIONS OF TEXAS GOVERNMENT CODE, SECTIONS 551.086 AND 552.133;
AUTHORIZING THE SEALING OF SAID PROPOSAL BY THE CITY SECRETARY;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN
EFFECTIVE DATE (FILE NO. 5148 IN THE AMOUNT NOT-TO-EXCEED $857,469.06).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to engage the engineering firm of PWR Solutions, Inc, a Corporation, located in Da11as,
Texas ("PWR"), to provide the City with professional electric engineering services pertaining to
PWR's work in support of the City's capital improvement plan regarding services relative to the
Denton electric transmission system and regulatory compliance and reporting activities; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the specialized engineering and other professional
services and tasks, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and
WHEREAS, the City Council hereby finds and concludes that PWR is appropriately
qualified under the provisions of the law, to be retained as an engineering firm for the City and
for its department, Denton Municipal Electric, respecting this engagement; and
WHEREAS, the City Council hereby finds and concludes that the thirty-five (35) page
document entitled "Proposal for Five Year Transmission Planning and TP Compliance Support
Services," contains competitive public power information, and that this document sets forth the
specific scope of work to be undertaken by PWR under the Agreement being approved hereby;
that the Proposal is an electric utility-related matter that pertains to Denton Municipal Electric's
competitive activity, including commercial information, -which would, if disclosed, provide
advantage to its competitors or prospective competitors; and that said Proposal is protected from
public disclosure under the provisions of Texas Government Code, Section 552.133(a)(a-1)(B),
E) and (F).
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
Professional Services Agreement;" NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a"Professional Services
Agreement" (the "AgreemenY') with the engineering firm of PWR Solutions; Inc., a Corporation
of Dallas, Texas, in an amount not-to-exceed $857,469.06, for professional engineering services
pertaining to the interests of the City and of its electric department, DME, as hereinabove
described in the "Proposal for Five-Year Transmission Planning and TP Compliance Support
Services," which document has been submitted to and reviewed by the City Council, and which
Proposal document contains certain Public Power Information which is sealed from Public
Disclosure under the provisions of Section 552.133(a)(a-1)(B), (D) and (F) as stated below.
SECTION 3. The award of this Agreement is on the basis of the demonstrated
competence and qualifications of the iirm of PWR, and the ability of PWR, to perform the
professional engineering and related services needed by the City for a fair and reasonable price.
SECTION 4. The expenditure of funds as provided for in the attached Agreement is
hereby authorized.
SECTION 5. The City Secretary is hereby authorized to seal, and maintain the
document entitled "Proposal for Five Year Transmission Planning and TP Compliance Support
Services" which is the document attached to the Agreement defining and setting forth the Scope
of Services of PWR to the City; and the City Council finds that said Proposal is excepted from
public disclosure under the provisions of Texas Government Code, Section 552.133(a)(a-
1)(B),(E) and (F); and the City Secretary is directed to maintain said Proposal in her care,
custody and control unless otherwise lawfully ordered to disclose said Proposal, or any part of
said Proposal.
SECTION 6: This ordinance shall become effective upon its passage and approval.
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PASSED AND APPROVED this the '`
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: r.-•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
iv l.
day of 13.
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the day of 1LL ,
2013, by and between the City of Denton, Texas, a Texas municipal corporation, wit its
principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201 (hereafter
called "OWNER"); and PWR Solutions, Inc., with its corporate office at 2777 North Stemmons
Freeway, Suite 1520; Dallas Texas (hereafter called "CONSULTANT"); acting herein, by and
through their respective duly authorized officers and representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas. The professional services
set out herein are in connection with the following described project (hereafter the "Project"):
The Project shall include, without limitation the following services:
1. Annual Planning/FERC 715 Filing Study
2. Transmission Project Identification, Evaluation, Validation & ERCOT RPG Approval
3. ERCOT Steady State Working Group (SSWG) Data Modeling & Submissions
4. ERCOT System Protection Working Group (SPWG) Data Modeling & Submissions
5. ERCOT Dynamics Working Group (DWG) Data Modeling & Submission
6. ERCOT Contingency/Data Dictionary Updates
7. Technical Support on TP NERC Compliance and FERC 715 filing
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. The CONSULTANT shall perform those services as are necessary and as described in the
Proposal for Transmission Planning and TP Compliance Services" (hereafter the
Proposal"), prepared by CONSULTANT, dated December 7, 2012, being a 35 page
document addressed to Chuck Sears, Electric Engineer, Denton Municipal Electric;
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which Proposal is not attached hereto, but is on file in the office of the City Secretary,
and which Proposal sets forth and defines the scope of services to be performed by
CONSULTANT; said Proposal is incorporated by reference herewith.
B. PROVIDED HOWEVER, the Proposal referred to in Article II.A. above is a document
which contains confidential and sensitive public power competitive information
involving electric transmission planning, deals with regulatory actions, filings and
requirements; therefore, in accordance with Sections 551.086 and 552.133 of the Texas
Government Code, the City Secretary is directed to seal and rnaintain said Proposal in
her custody and control, as a document excepted from public disclosure under the
provisions of Section 552.133 of the Texas Government Code, unless otherwise lawfully
ordered by a court of competent jurisdiction, to disclose said Proposal.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Proposal, shall be the subject of an
additional Proposal to be executed at a later date.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER,
and shall remain in force for the period which may reasonably be required for the completion of
the Project, including Additional Services, if any, and any required extensions approved by the
OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof.
OWNER and CONSULTANT shall each have the unqualified right to terminate this Agreement
upon thirty (30) days advance written notice delivered to the other party. Time is of the essence
in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expeditiously as possible and to meet the schedule established by the
OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontractor Expenses" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services authorized in the process of
completing the Basic and Additional Services.
2"Direct Non-Labor Expense" is defined as that expense for any for any out-of-pocket
expense reasonably incurred by the CONSULTANT related to its performance of this
Agreement, for long distance telephone charges, telecopy charges, messenger
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services, printing and reproduction expenses, out-of-pocket expenses for purchased
computer time, prudently incurred travel expenses related to the work on the Project,
and similar incidental expenses incurred in connection with the Project.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based upon the
estimated detail at an hourly rate shown in the Proposal, a fee, including reimbursement
for direct non-labor expenses not to exceed $857,469.06.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with terms of this Agreement or Proposal. The OWNER
shall not be required to make any payments to the CONSULTANT when the
CONSULTANT is default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to the Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not-to-exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article III "Additional Services" without obtaining prior written authorization from the
OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based in accordance with the
additional fee provided for in the additional Proposal. Payments for any authorized
additional services shall be due and payable upon submission by the CONSULTANT,
within thirty (30) days after receipt of the invoice by OWNER. Statements shall not be
submitted more frequently than monthly.
D. PAYMENT: If the OWNER fails to make undisputed payments due the CONSULTANT
for services and expenses within thirty (30) days after receipt of the CONSULTANT's
undisputed statement thereof, then Prompt Payment Act interest, as set forth in Chapter
2251 of the Texas Government Code, shall be paid on the amounts due the
CONSULTANT. In addition, the CONSULTANT may, if it has not received payment by
the thirty-first (315t) day after receipt of payment, after giving ten (10) days' written
notice to the OWNER, suspend services under this Agreement until the CONSULTANT
has been paid in fu11 all amounts due for services, expenses, and charges, provided,
however, nothing herein shall require the OWNER to pay prompt payment act interest if
the OWNER has a bona fide dispute with the CONSULTANT concerning the payment or
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if the OWNER reasonably determines that the work is unsatisfactory, in accordance with
this Article V, "Compensation."
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER's use ofthese documents in other projects shall be at OWNER's sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, and not
as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE IX
1NDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, including, but not limited to court costs and reasonable attorney fees
incurred by the OWNER, and including, without limitation, damages for bodily and personal
injury, death and property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
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ARTICLE X
1NSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Board or any successor agency, which company has a rating with
Best Rate Carriers of at least "A-" or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
limits of not less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages. The insurance policies shall name the
OWNER as an additional insured on a11 such policies where it is legally possible to do so
excluding, however, Worker's Compensation Insurance and Professional Liability
Insuarnce; and such policies shall contain a provision that such insurance shall not be
canceled or modified without thirty (30) days' prior written notice to OWNER and
CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of
the change or cancellation, provide to OWNER substitute policies or certificates
evidencing the same required coverage. The CONSULTANTS' Comprehensive General
Liability, Worker's Compensation, and Automobile Liability policies shall include a
waiver of subrogation in favor ofthe OWNER.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation. No mediation arising out of or relating to this Agreement may proceed
without the agreement of both parties to submit the dispute to mediation. The location for the
mediation shall be the City of Denton, Denton County, Texas unless a different location is
agreed to by the parties. The costs of inediation sha11 be borne evenly by each party.
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ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V"Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their services or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the other work prepared by the CONSULTANT, its employees,
subcontractors, agents, and consultants. CONSULTANT retains responsibility and liability at all
times during this Agreement and after completion of this Agreement.
CONTRACTORS maximum liability in relation to any and all claims arising from or
related to the Services, this Agreement or a Work Order, whether such claims are based in
negligence, professional negligence, any other tort, breach of contract, or any other claim, shall
be an amount not greater than $1Million dollars ($1,000,000) for all losses, in the aggregate,
howsoever caused.
Except as expressly provided in this Agreement, this Agreement is intended to be solely
for the benefit of the OWNER and CONTRACTOR and is not intended to and will not confer
any rights or benefits on any person or entity not a signatory hereto.
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ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as ofthree (3) days' mailing:
To CONSULTANT:
PWR Solutions, Inc.
Mandhir Sahni, PhD., Vice-President
2777 North Stexnmons Frwy.
Dallas, Texas 75207-2277
To OWNER:
City of Denton, Texas
George C. Campbell, City Manager
215 East McKinney Street
Denton, Texas 76201
and
Chuck Sears
Engineering Department Manager
Denton Municipal Electric
1685 Spencer Road
Denton, Texas 76205
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of 11 pages, plus the 35-page Proposal provided for above in
II.A., constitutes the complete and final expression of the agreement of the parties, and is
intended as a complete and exclusive statement of the terms of their agreements, and supersedes
all prior contemporaneous offers, promises, representations, negotiations, discussions,
communications, and agreements which may have been made in connection with the subject
matter hereof.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
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ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT and the OWNER shall comply with all federal, state, and local
laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may
now read or hereinafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XIX
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees ar officers of, nor have any contractual relations with
the OWNER. CONSULTANT shall inform the OWNER immediately of any conflict of
interest or potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under Federal. State and locallaws to perform such services.
C. In those instances deemed necessary by the OWNER, the CONSULTANT, its employees
and/or its Sub-consultants shall be required to submit to background checks.
ARTICLE XX
AS SIGNABILITY
The CONSULTANT shall not assign any of its scope of work under in this Agreement,
and shall not transfer any of its scope of work under this Agreement (whether by assignment,
novation, or otherwise) without the prior written consent of the OWNER. Should the
CONSULTANT assign any part of the monies due under this Agreement, CONSULTANT is
required to provide written notice of the same to OWNER. Any assignment of rnonies due under
this Agreement shall not change any of the terms or conditions of this Agreement to include but
not lirnited to the terms and conditions for payment under this Agreement.
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ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modiiication is in
writing and duly executed; and the parties further agree that the provisions ofthis section will not
be waived unless as set forth herein.
ARTICLE XXII
MISCELLANEOUS
A. The 35-page Proposal described in and referenced in II.A. herein is made a part of this
Agreement:
B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after
the final payment or after final completion of all work required under this Agreement,
whichever is longer, have access to and the right to examine any directly pertinent books,
documents, papers, correspondence, to include e-mails, and records of the
CONSULTANT involving transactions relating to this Agreement. CONSULTANT is
required to maintain and make available all electronic records associated with this
Agreement for purposes of examination. CONSULTANT agrees that OWNER shall
have access during normal working hours to all necessary CONSULTANT facilities and
shall be provided adequate and appropriate working space in order to conduct audits in
compliance with this section. OWNER shall give CONSULTANT reasonable advance
notice of intended audits.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Dr. Mandhir Sahni. However, nothing herein shall limit
CONSULTANT from using other qualified and competent members of its firm to
perform the services required herein. CONSULTANT understands that OWNER is to be
informed of the removal or loss of any of the key persons working under this Agreement.
CONSULTANT also agrees to provide the OWNER with notice of the name(s) of who it
intends to replace the key person. OWNER shall have a right to reject any replacement
key person(s) and CONSULTANT agrees to name a replacement key person(s)
acceptable to the OWNER.
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E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal a11 available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
G. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has executed this Agreement by and
through its duly authorized City Manager; and CONSULTANT has executed this Agreement by
and through its duly authorized undersigned officer on this the ,j-f day of ,
2013.
ATTEST:
CONSULTANT"
PWR Solutions, INC.
A Texas Corporation
By:
OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
O GE C. CAMPBELL
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CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED AS O LEGAL FORM
ANITA BURGESS, CITY ATTORNEY
B 'LY•
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