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2013-339ORDINANCE NO. 2013 -339 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR AVIATION ENGINEERING AND CONSULTING SERVICES FOR THE CITY OF DENTON ENTERPRISE AIRPORT WITH AGUIRRE RODEN, INC. IN AN AMOUNT NOT -TO- EXCEED $272,804; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5357- AWARDED TO AGUIRRE RODEN, INC.). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed agreement are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service agreement with Aguirre Roden, Inc., to provide professional design services for the Denton Enterprise Airport, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached agreement. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5357, to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTIONm 5. This ordinance shall become effective immediately upon its passage and approval._ PASSED AND APPROVED this the #niy�y���^ m., 2013.. MARK A. 1311 ROI)GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ANITA BURGESS, CITY ATTORNEY BY:, 5 4,NIM 4�,41e' 5357 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER FILE #5357 THIS AGREEMENT is made and entered into as of the 1-►n day of December, 2013, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Aguirre Roden, Inc., with its corporate office at 10670 N. Central Expressway, 6th Floor, Dallas, Texas 75231, hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: CF.f TTnN 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, Prepare detailed engineering plans and construction bid documents for the Taxilane Quebec Hangar Development. The construction specifications, once prepared by the Design Professional, will be advertised for competitive solicitation to construct the hangars. The professional design services is a part of the first phase of the 5 year plan for development of the general aviation hangars on approximately ten (10) acres of undeveloped land at the Denton Enterprise Airport. Page 1 SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES — CONCEPTUAL DESIGN & CONSTRUCTION DOCUMENTS 2.1.1 For Basic Services, the total compensation for the professional design services shall be $272,804. 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Schematic Design Phase 15% Design and Development Phase 25% Construction Documents Phase 30% Bidding Phase 05% Construction Phase 25% 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services, see Attachment 1 which includes the fee /rate schedule. 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of _1.5_ times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.1 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $10,000 without the prior written approval of the Owner. Page 2 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal (Attachment 1) This Agreement is signed by the parties hereto effective as of the date first above written. ATTEST: fl, 11'x' . WALTERS, C I -Y SECRETARY r..... BY: Al'1' )� FJ) AS 1'0 LEGAL FORM: ANITA BURGESS, CITY ATTORNEY WITNESS: :• CITY OF DENTON BY:� 0,0R F1 C. CAMPBELL CITY MANAGER DESIGN FIRM mm Page 3 FIRM'S 0l`l`Ka'1. AU�a111 SI:N "I'A`1°1 1�; (SIGNATURE) \ \codad \departments\Materials Management \PRCH \Contracts Documents \5000 -5999 \5357 PSAs Design of Airport Hangar Expansion - Aguirre Roden \5357 PSA Detailed Engineering Plans Hangar Expansion - Aguirre- Roden.doc CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES vvffv1T# ## # OWN arfid"l InQff*NW I IRM [Utz r-A11011NIN1111 WA i i " M11114411141tv UJIT4111"4011111RIX Rk"11FIROMIM ow"i The Aesign Protessional shall assist the Owner in the preparation of the necessary bidding or procurement infonnation, bidding or procuWrementor.ms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. *r general market conditions. 0 M., -,g-e-n-Ta-2Vf3-ff-f4�t,-e-c-e-m-Uer—f-/,--��fFS�YJY/-Aguirre o en irpo r " Tk-dUffional -Wocs\?'SA repa me Vt C��WgendaTA Form rev2.doc "',0IMON limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in !he sole discretion of the Owner. 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award ofthe Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below, For design professionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the Ci of Denton s ecial conditions, unless otherwise 9 rovided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specilica4lons tor Fliblic WorKs Construction oy me lorm Central I exas Council of kjovernments, current as oi Lne Uate or Ine Agreement, uniess ollerww provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalfofthe Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall subcontractors, The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished O 'pprov, epn, ofor #-V-A44. 4�Q6'QMm"-�- Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or rocedures or for safe recautions and roMW nedion-withib r the Contractor's schedules n An tmork,_The._Dma sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or ofany *ther persons performing portions of the work. Irm lammimmmmm mamr, mfwm��# , 0-M \ \CODAD\Departments\Materials Management\PRCH\Agenda\Agenda 2013-2014\December 17, 2013\5357-Aguirre Roden Airport Hangar PSA\Additional Docs\PSA Form rev2.doc ARTICLE 4 OWNER'S RESPONSIBILITIES 4,1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. \\CODAD\Departments\Materials Management\PRCH\Agenda\Agenda 2013-2014\December 17, 2013\5357-Aguirre Roden Airport Hangar PSA\Additional Docs\PSA Form rev2.doc Ow \\CODAD\Departments\Materials Man agement\PRCH\Agenda\Agenda2013-2014\December 17,2013\5357-Aguirre Roden Airport Hangar PSA\Additional Docs\PSA Form rev2.doc 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such 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 the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of'such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be tenninated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TOTHE DESIGN PROFESSIONAL 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; W= \\CODAD\Departments\Materials Management\PRCH\Agenda\Agenda 2013-2014\December 17, 2013\5357-Aguirre Roden Airport Hangar PSA\Additional Docs\PSA Form rev2.doc lillowliolmillol,Wl NN11111MIMININ11" - I MAW1111100111 mImmiiiiailmowl loll 1111101,1111110, MW estimate of Construction Cost for such portions of the Project. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, ► on account of the cost of changes in the work other than those for which the Design Professional is responsible. V.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services perfon-ned on the basis of a multiple of Direct Personnel Expense for inspection and 4 1nr,, f*r t�ree vegrs 9fter t�e iqte C"ie fiT,91 Cetific ► ntil anv litigation related to the Proiect is final. whichever date is nnnffmmjiw m 9.1 The Design Professional 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 Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the 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 the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A® or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 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. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease, 11 1 I I JJK11QMK0M31BMJ3!=, 4 *f the execution ► the Agreement, The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' am�-�, . yohqy-sXzI�-c*.4w. a XTovi,-Ttz.-A�, modified without thirty (30) days' prior written notice to Owner and Design Professional, In such event, the Design Professional shall, prior to the effective date ofthe change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. 0�ff lOW1011wX11 011,61211ilITA 64110MAK 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas, 11.2 The Owner and Desistr-+)-O& n- the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 ofthe �rro ia�tions r nr �sn agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions, However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions NEM \\C*-W,A6t#epartments\[Tlaterials iTianagement\?'&CTLT,7g-e-n-d-,a-TTg-e-n-U-a-Zff'3-1,UI-4�#,e—e-e-m-ffe—rT/72',#-f3�Y35'1-Aguirre o en ir, 6A Form rev2. -, 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement E—M \\CODAD\Departments\Materials Management\PRCH\Agenda\Agenda 2013-2014\December 17, 2013\5357-Aguirre Roden Airport Hangar PSA\Additional Docs\PSA Form rev2.doc ATTACHMENT 1 AGUIRRE RODENs��u, °a�a 10670 N. CENTRAL EXPWY, 61h FL. xa DALLAS, TEXAS 75231 TEL 972.788.1508 FAX 972,788.1583 " WWW.AGUIRRERODEN.COM THE CAN-DO SPIRIT THAT GETS THE JOB DONE December 3, 2013 (Revised) Mr. Quentin Hix Director of Aviation Denton Municipal Airport 5000 Airport Road Denton, Texas 76207 RE: PROPOSAL FOR PROFESSIONAL DESIGN SERVICES Dear Quentin: Aguirre Roden is pleased to submit this proposal for professional design services. These services include: • Project Management • Topographic and Utility Surveying, • Civil Engineering, • Architectural Hangar Design, • Structural Engineering, • Mechanical Engineering, • Plumbing Design, • Electrical Engineering, and • Construction Cost Estimating. These services are initially focused on the first phase of your five -year plan for the development of general aviation hangars on approximately 10 acres of undeveloped land at the Denton Airport, and may also include other design services during that period as the City of Denton may direct, Phase One - General The first phase of your five -year plan for the development of the Denton Airport includes approximately twenty -seven (27) general aviation hangars consisting of 20 "nested T" hangars, 3 box hangars for nested T type aircraft and 4 larger "King Air" hangars which can accommodate larger aircraft. The site is located at the northwest corner of Taxiway P and Taxiway Q, and is approximately 3.41 acres in size. Working closely with the Denton Airport staff, Aguirre Roden will provide design and engineering services necessary to produce construction documents suitable for open public bidding and construction. We will adhere to the City of Denton's General Conditions as listed in the Professional Services Agreement regarding the schematic design phase, design development phase, construction documents phase, construction contract procurement phase and the administration of the construction contract during the construction phase, Phase One — Specific Services Project Management and Architecture Aguirre Roden's Project Manager, David Powyszynski, AIA, LEED AP, will manage this project from inception through completion during the five year plan. He will ensure that the City of Denton and the Denton Airport staff are continually informed of project scope, schedule and costs. ARCHITECTURE 0 ENGINEERING N CONSTRUCTION m PROGRAM MANAGEMENT December 3, 2013 (Revised) Page 2 of 5 Topographic and Utility Surveyinq An electronic map will be developed with 1 foot contour intervals on a nominal 50' grid system tied to existing control points and project benchmark system. Manhole flowline and rim elevations, perimeter roadways and taxiways to the opposite side of the pavement will be captured. Detention pond topographic surveying is not included in this proposal, but is available as an additional service, Civil Engineerinq Our civil engineering consultant, Kimley -Horn and Associates, will prepare grading plans, paving and striping plans, earthwork calculations, drainage area.map and calculations, storm drainage plans and profiles, utility plans, water and wastewater plans, erosion Control plans, dimensional control plans, details and opinions of probable construction cost. Offsite detention plans are not included in this proposal, but are available as an additional service. Architectural Hangar Design Working closely with the Denton Airport staff a prototype "nested T and jet pod" hangar design will be developed and refined. Emphasis will be focused on functionality, energy efficiency, cost effectiveness and ease of maintenance. Although the design of larger hangars to accommodate larger aircraft such as Challenger or Lear jets is not anticipated in the first phase, these services are available as an additional service. Structural Engineerinq Aguirre Roden's structural engineering staff will develop foundation design and work with the hangar designers to confirm structural integrity and details, Mechanical Engineerinq The hangars are intended to be ventilated, but not air - conditioned. Heating and air - conditioning can be provided to specific hangars at additional cost if desired. Plumbinq Design Each "nested T and jet pod" hangar will include a small restroom and exterior hose bibs for maintenance purposes. Aguirre Roden's plumbing designers will work with the civil engineers to ensure that rainwater is directed to the stormwater system. Electrical Engineerinq Interior and exterior hangar lighting and convenience power receptacles will be provided. Emphasis will be placed on energy efficiency and ease of maintenance. Low voltage systems such as security systems, fire alarm systems or audio /visual systems are not included in this proposal, but are available as an additional service. Construction Cost Estimating Aguirre Roden's sister construction company, Aguirre Roden Building Systems, shall provide cost estimating services at each phase of the hangar development. Historically, their estimates have proven to be within 5% to 10% accuracy when compared to independent bids. This accuracy will give comfort to the City of Denton and the Denton Airport staff in their planning and budgeting process. December 3, 2013 (Revised) Page 3 of 5 Aguirre Roden will exercise its professional judgment within the prevailing standard of care to design the project within the Owner's budget. However, there are numerous contributing factors which are outside of the design professional's control which contribute to the construction cost such as existing unforeseen conditions, availability of specialty suppliers and installers, Owner requirements and general market instability of material costs. Compensation Compensation for the design of Phase One of this project shall be a stipulated lump -sum fee of $272,804.00, This includes the following: • Project Management $ 85,656.00 • Topographic and Utility Surveying, $ 6,000.00 • Civil Engineering, $ 60,100.00 • Architectural Hangar Design, $ 31,816.00 • Structural Engineering, $ 15,588.00 • Mechanical Engineering, $ 5,500.00 • Plumbing Design, $ 14,764.00 • Electrical Engineering, and $ 14,880.00 • Construction Cost Estimating. $ 38,500.00 $272,804.00 We shall invoice monthly based upon the percentage of the work completed. Reimbursable expenses will be listed separately, with receipt back -up if requested. Payment is expected to be net 30 days. Compensation for Conceptual Design Before the full design effort for construction documents is started, the City of Denton desires Aguirre Roden to complete conceptual design of the hangar configuration, develop a conceptual cost estimate and determine if the return on investment to the City can be realized. This conceptual design effort shall be limited to $38,500.00 of the overall design fee plus $1,500.00 of reimbursable expenses. Reimbursable Expenses Reimbursable expenses such as reproduction of drawings and specifications, courier expenses, travel, lodging, rental car, meals and incidental expenses such as the State - required accessibility review and inspection are in addition to the proposed fees. They will be invoiced at 1.10 times the expense and will not exceed $10,000.00 without your written approval. Owner's Responsibilities Soil borings and geotechnical reports are not included in the proposed design and engineering fees. Aguirre Roden can assist the City of Denton in procuring these services if desired, as a reimbursable expense. :� '1111111 111111rAl '• December 3, 2013 (Revised) Page 4 of 5 Owner Shall Provide • A geotechnical investigation to establish foundation and paving recommendations. Schedule • Conceptual Design and Analysis • Preliminary Design • Design Development • Construction Documents • Issue for Bidding • Addenda & Pre -bid • Bid Evaluation and Award • Construction Administration - 4 Weeks from written Notice to Proceed. - 3 Weeks - 9 Weeks - 9 Weeks - 1 Week - 3 Weeks - 1 Week - Throughout the construction period. Extension of Services We anticipate that the design and construction of Phase One of the Denton Airport development plan will take approximately one year. The City of Denton may extend the Professional Services Agreement at any time to address the following phases of the 5 year development plan. Indemnification The Client shall indemnify and hold harmless Aguirre Roden, Inc. and all of its personnel from and against any and all claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss, or expense is caused in whole or in part by the negligent act, omission, and /or strict liability of the Client, anyone directly or indirectly employed by the Client (except Aguirre Roden), or anyone for whose acts any of them may be liable. Risk Allocation Aguirre Roden will use the currently accepted industry standard of care in developing the design and engineering of the project. In recognition of the relative risks, rewards, and benefits of the project to both the Client and Aguirre Roden, the risks have been allocated such that the Client agrees that to the fullest extent permitted by law, Aguirre Roden's total liability to the Client for any and all claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes, shall not exceed Aguirre Roden's fee. Such causes include Aguirre Roden's negligence, errors and omissions, strict liability, or breach of contract or breach of warranty. Statutory Statement of Jurisdiction (Required by State Law - Art.249a Texas Revised Civil Statutes and Art. 249e, Texas Civil Statutes) Individuals licensed under the Texas Architectural Registration Act and the Texas Interior Designers Registration Law are subject to the jurisdiction of the Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2 -350, Austin, Texas 78701 -3942, 512 - 305 -9000. December 3, 2013 (Revised) Page 5 of 5 Summary We are excited about the first phase of your airport development plans and we look forward to being a part of your team. Your consideration of our proposal is appreciated. Please call me if you desire any clarification to this proposal. My direct line and cell phone are provided below for your use. Sincerely, Aguirre Roden, Inc, David Q, Powyszynski, Senior Vice President Direct Line: -- 972 - 789 -2610 Cell Phone: 214 - 477 -1274 Authorization To authorize this proposal dated December 3, 2013, please sign in the space provided below and return one signed copy of this proposal to us for our files. We can begin work upon receipt of an emailed copy of this signature page. This proposal will be the agreement between us for this project. (It is assumed that a formal Professional Services Agreement will be prepared using the City of Denton's standard document as a base, modified and agreed upon by both parties) Authorized by: Name: (typed or printed) Phone: date ckms Code , ILI � Class Dou ot On IAII Rate - � ------ - STAFF - LEVEL 1 72 AD2 ADMIN STAFF - LEVEL 2 62 All ARCHITECTURAL INTERN LEVEL 1 62 Al2 ARCHITECTURAL INTERN LEVEL 2 93 A13 ARCHITECTURAL INTERN LEVEL 3 103 APM ASSISTANT PROJECT MANAGER 113 CAI CONSTRUCTION ADMINISTRATION - LVL go CA2 CONSTRUCTION ADMINISTRATION -LVL 2 108 CC CONSTRUCTION COORDINATOR 98 CD1 CADD TECHNICIAN - LEVEL 1 77 CD2 CADD TECHNICIAN - LEVEL 2 98 CEO CHIEF EXECUTIVE OFFICER 320 cmi CONSTRUCTION MANAGER 1 121 CM2 CONSTRUCTION MANAGER 2 137 COO CHIEF OPERATING OFFICER 294 opi COMPUTER MAINTENANCE 98 Csi CONSTRUCTION SUPERINTENT 1 93 CS2 CONSTRUCTION SUPERINTENT 2 118 DIR TECHNICAL DIRECTOR 173 DLA DESIGN LEAD ARCHITECT I , 73 000 DOCUMENT CONTROL 108 ccl ENVIRONMENTAL COMPLIANCE 1 99 C.C2 ENVIRONMENTAL COMPLIANCE 2 125 EDi ENGINEERING DESIGNER 1 95 ED2 ENGINEERING DESIGNER 2 116 Ell ENGINEER INTERN - LEVEL 1 98 E12 ENGINEER INTERN - LEVEL 2 118 EST DIRECTOR COST ESTIMATOR 162 FS1 COST ESTIMATOR - LEVEL 1 88 E82 COST ESTIMATOR - LEVEL 2 113 EXP EXPERT WITNESS 378 HAS HUMAN RESOURCES DIRECTOR 105 11) INTERIOR DESIGNER 110 Ill INTERIORS INTERN LEVEL 1 77 112 INTERIORS INTERN LEVEL 2 93 LED LEAD ENGINEERING DESIGNER 126 MKI SALES-MARKETER/COORDINATOR - LEVEL 1 80 MK2 SALES-MARKETER/COORDINATOR - LEVEL 2 98 OFM OFFICE MANAGER 88 PAI PROJECT ARCHITECT - LEVEL, 1 110 PA2 PROJECT ARCHITECT . LEVEL 2 121 PA3 PROJECT ARCHITECT - LEVEL 3 131 PAM PROJECT ADMINISTRATOR 90 PEI PROFESSIONAL ENGINEER - LEVEL 1 121 PE12 PROFESSIONAL ENGINEER - LEVEL 2 142 Pal PROGRAM MANAGER 1 100 PG2 PROGRAM MANAGER 2 121 PMI PROJECT MANAGER 1 147 PM2 PROJECT MANAGER - LEVEL 2 168 QS QUALITY SPECIALIST 125 SFC SENIOR FACILITY COORDINATOR 105 SFM SENIOR FACILITY MGR - CFM CERT 187 SP SPACE PLANNER 121 SPA SENIOR PROJECT ARCHITECT 168 Spa SENIOR PROGRAM MANAGER 137 SPW SPECIFICATIONS WRITER 126 SVP SENIOR VICE PRESIDENT 205 VP VICE PRESIDENT 189 HAAAI-OfMccounllng GodesWvfront Ritto $6odule\Al 1 rale schedule