2004-278
FILE REFERENCE FORM
2004-278
FILE(S) Date Initials
Change Order One - Ordinance No. 2005-215 08/16/05 JR
ORD CE NO. fl, 4Oz/-
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF
ARTHUR SURVEYING CO., INC. TO PROVIDE PROFESSIONAL SURVEYING
SERVICES IN SUPPORT OF THE CITY OF DENTON ENGINEERING
DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE
AND PROVIDING AN EFFECTIVE DATE (PSA 3219-IN AN AMOUNT NOT TO
EXCEED $150,000).
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 contract 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. That the City Manager is hereby authorized to enter into a
professional service contract with Arthur Surveying Co., Inc. to provide professional
surveying services for the City of Denton Engineering Department, 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 contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated
herein by reference.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the 6~ / ~da of o ~-. '
y ~2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PSA 3219 v/ /
J
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
(, THISLAGREEMENT is made and entered into as of the a,~/?~~- day of
~ 2004, by and between tho City of Denton, Texas, a Texas municipal
co~eration, with its principal office at 215 East McKinney Street, Denton, Denton
Cottony, Texas 76201, hereinafter called "Owner" and Arthur Surveying Co., Inc., with
its corporate office at 220 Elm Street, Suite 200, P.O. Box 54, Lewisville, Texas 75067,
hereina~er 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:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer or surveyor, 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,
Indefinite Delivery Surveying Services-with Attachments A, B, and C.
Page 1
MATERIALS HGkIT.
RECEIYED
,7~tI ~EP 15 Pii 3: 2LI
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall not exceedS150,000 without
additional authorization from the Owner.
2.1.2 Progress payments for Basic Services shall be paid at hourly reimbursable rates
in accordance with Attachment 'B' and 'C' for services performed by the Design
Professional, plus any direct cost reimbursables.
2.2 REIMBURSABLE EX~ENSES Reimbursable Expenses shall generally be a multiple
of 1.10 limes the expenses incurred by the Design Professional, the Design Professional's
employees and consultants in ',he interest of the Project as defined in the General
Conditions. Reimbursable expenses as agreed to between the Owner and Design
Professional are described in more detail in Attachment 'C'.
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 forlh herein:
1. Applicable portions of the City of Denton General Conditions to Agreement for
Architectural or Engineering Services.
2. Attachments A through C.
This Agreement is signed by the parties hereto effective as of the date flint above written.
Page 2
R~'vla ed 5-30-02
CITY OF DENTON
CITY MANAGER
WITNESS:
Page 3
R~vla~d 5-30-02
A'iq'ACHMENT 'A'
SCOPE OF BASIC SERVICES
The scope of Basic Services for this project generally consists of professional surveying services
in support of the City of Denton (Owner) as administered by the City of Denton Engineering
Department. Services will be on an indefinite delivery basis for specific tasks or projects as
requested by City staff. The total amount of work is undetermined and may be limited by the total
maximum compensation indicated in Section 2, Compensation, of the Professional Sewices
/kgreement. Specific tasks may include the following:
· Construction staking
· Field design surveys
· Topographic surveys
· Boundary surveys and analysis
· Preparation of easement or right-of-way exhibits
· GPS monument placement
· Other professional surveying services as requested
All survey services will be performed under the direct supervision of a Registered Professional
Land Surveyor (RPLS) licensed to practice in the State of Texas. The Design Professional will
seal all boundary surveys and other documents requiring the seal of an RPLS. All surveying
servicas will meet or exceed the minimum standards of practice established by the Texas Board
of Professional Land Surveyors. In addition to field crew(s), the Design Professional will provide
the services of an RPLS and/or survey technician to support the field crew, both to prepare.
materials prior to field work and to compile, analyze or map the information gathered by the field
crew or to othem~ise prepare the work of the field crew for delivery to the Owner.
PROCEDURE
A representative of the Owner will provide the Design Professional with a written Survey Request
Form. This request will provide a minimum of forty-eight (48) hours notice of the need for specific
services and will outline briefly the nature of the work to be provided along with the necessary
timeline. If the Design Professional is unable to meet the required schedule, he will notify the
Owner within twenty-four (24) hours so that other provisions or a revised schedule can be
arranged.
Once the Design Professional has reviewed the preliminary information provided with the Survey
Request Form and has agreed to accep~ the specific assignment as detailed, the Owner will
provide detailed information, including written instructions, construction plans or drawings, deeds,
sketches, electronic drawing files, or any other information necessary to complete the
assignment.
Upon review of the detailed information, the Design Professional will provide an estimate of the
effort and/or cost of services to the Owner's designated representative.
Upon completion of the work, the Design Professional will provide electronic files, plots, maps,
exhibits, field notes, point files, and/or other materials as requested by the Owner. Deliverables
will be produced and transmitted to the Owner using standards established and set forth by the
City of Denton Engineering Department.
Exhibit A- Page I
ATTACHMENT 'B'
SCHEDULE OF FEES
A. BASIC SERVICES:
· For work performed by the Design Professional within the scope identified in Attachment
Scope of Basic Services, the Design Professional will be reimbursed as described below:
1. Labor
Design Professional shall be reimbursed on the basis of negotiated fees for each
item of service provided, as mutually agreed to by the Design Professional and the
Owner, or on the basis of labor of personnel employed by the Design Professional on
an houdy basis in accordance with ATTACHMENT 'C', Standard Rate Schedule for
Reimbursable/Multiplier Contracts. When services are based on hourly reimbursable
rates, the time charged will not include travel time to the project site from the
Lewisville office of the Design Professional and will cease upon completion of the
task in Denton. No travel time will be charged by the Design Professional.
2. Direct Expenses
Direct expenses, such as printing, reproductions, delivery/courier services, etc. will
be reimbursed to the Design Professional at his direct invoice expense times a
multiplier as set forth in Attachment 'C'. Where appropriate, a not-to-exceed amount
will be established and agreed to for each item of service provided.
Exhibit B - Page 1
ATTACHMENT 'C'
STANDARD RATE SCHEDULE FOR
REIMBURSABLE/MULTIPLIER CONTRACTS
(to be attached by the Design Professional)
Arthur Su o ffjy g C0.,
P.O.Box 54 - Lewisville, Texos 75067
220 Bm Sb'eet, Sic. 200 - Lewis'ville, TexQs 75057
PH. (972) 221-9439 ~'~ (972) 221-4675
SCHEDULE OF HOURLY RATES
220 Elm Street, Suite #200
Lewisville, Texas 75067
Effective January 2003
Registered Professional Land Surveyor
Project Representative
Senior Technician
Junior Technician
Survey Coordinator
Office Manager
Office Clerical
Conventional Field Crew/Junior Party Chief
Conventional Field Crew/Senior Party Chief
GPS Field Crew
$100.00 per hour
$50.00 per hour
$75.00 per hour
$45.00 per hour
$50.00 per hour
$50.00 per hour
· $30.00 per hour
$80.00 per hour
$100.00 per hour
$125.00 per hour
STAKES: Stakes will be charged at cost + 10% if an excessive number are required.
(Typically included in crew rate.)
IRONS: Irons will be charged at cost + 10% if an excessive number are required.
(Typically included in crew rate.)
SPECIAL MONUMENTS: Special Monuments will be charged at cost + 10%.
SPECIAL EQUIPMENT: Any special equipment required on a job will be charged at
rental cost + 10%.
OVERTIME RATES: Jobs requiring work on weekends or holidays will be billed at 1.5 times
the standard rate.
Each project is evaluated to determine the best/most cost effective personnel for that particular
project. The number of persons on a field crew is determined in the same manner. There is
no cost difference in a 2 or 3 man crew.
SCHEDULE OF REIMBURSABLE EXPENSES
Reproduction-Out of-House
Vellum Prints
Mylar Prints
Bond Prints
Actual Expense x 1.5
$10.00 / sheet
$ 20.00 / sheet
$1.50 / sheet
Boundary surveys, exhibits, etc. requiring a lump sum price, please call for a
quote ~ 972-221-9439.
CITY OF DENTON
GENERAL CONDITION~
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEI/~ING SERVICES
1,2 Tho l~sign ProfesC~mal will p~a'form all $en4ces as an independent conbactor ~ ~ ~s~g ~f~i~ ~ ~b~t w~ ~ 1~ of ~ ~d ~1 ~y
e~m:ised by members of fia~ same profession eummtly pra~i~m8 in the same locality und~ simil~ eondifiom, including muonable, infom~d judgn~nts and prompt timely
actions (the "De~:e of Care"). Th~ ~en4ces shall be peffotwed as eq~ditiomly ss i~ consistent with tho Desree of C~ necessaO' for the onledy im~nns of tho Project
Upon request of th~ Owner, thc Design Pmfeadonal d~ll subnfit for frae Ownee$ ol,~,,¢al a schedule f~ lbo im-fmmance of tho Snvir.~ which may bo adjusted s~ tim Project
proceeds, and shall {nclude allowanc~ for l~iods of time required foe the Ovmees r$fi~w and fc~ ~.~al of subm~ions by au~ofities havln8 jurisdiction over tho Project
Time llmi~ embllshed by fids schedule and approved by thc Ovmer ehall not, ~xeept for reason~le c.=use~ be exr.~ded by ~he Design Pmfesaiomfl or O~ne~, and any
ad'jus~ents to this seheflu~e shall be mtamflly acceptable to both ironies.
ARTICLE 2 SCOPE OF BASIC SERVICES
22.1 ~lhc D~i~n Pr~fcssion$, in consultation wi~ the O,,ma', shall d~'ciop a wrl,en pro~m for thc P~ to ,uccrtAin Owner's nmis ond to cabblbh th~
2.2.2 ~ne De~i~ P~fi~ional shah pmvid~ a p~ 'lnnimr/~vahafioa of Ibc Ovm~'s program, ~om~m:tion s~lgdul~ and constmaion budget ~:qulmnmts, ~a& in
terms of th~ other, ~ubj~c/to th~ limil~Jom ~et foflh in 8ubseefion ~.Z1.
2.2.4 Based on fl~ mutually agt~d-upon pmgr~ng sghedulo z~d construction bud~t ~qu/mmmb, file Design IM~Te~ional shah i~pa~ for ~F,~val by the Owner,
Schematic Design Documents consisting of drawings and o~aer doetm~ls illustmlin8 ~he scale =nd rdaliomhip of Pmjec~ components. ~e Schematic I~$i8n shah
2.3.1 B,~ed on the approved Schmuafic Design Documents and any adjustmmm authorized by tho Ov~n~r h ~h~ pm~ram, achcdul~ or comtnmlon budget, fl~o Design
Prof~sionM shall pr~pm~ for apl~oval by the Owns. Desisn I~-welopment Documents eonsis~ of ~s ~ ~ ~ ~ ~ ~ ~ ~ s~ ~d
e~ar~e~-r of ~he Project ~$ Io aw. hltec~u~l, stmctmal, mechanical and d~:trical systems, materials and such othe~ el~mmts as may bo .pl~,,p~;a~ which shall e~nply
wi~h all applicable hws, statu~, ordimmcc~, codm and ~gul~/ons, Notwifiutanding Own~s ~ppwval of t~ doc~nmls, Dcsign Professional t~tescnt~ t~ Ibc
Documentn znd s~ will be suf~eient nnd adequate lo fuJfill the pu~ose~ of Ih~ Project
CONSTRUCTION DOCUMENTS PHASE
2.4.1 B~sed on ~c ~ppro-~d Design Development Documents ~nd any furthe~ adjustmenls h the scope or 9uality of
authorized by the Owner, thc D~i~n Prof~sional ahall pml~u~ f~ -ii,. ~, al by ~ Owns. Comtm~on Documm~ comlsfin~ ~ Dmwinss ~d Spoc~fie~i~m s~fing
foflh in de~l requirem~ts for the comha~ction of ~e Project, which shall comply with all ~pplicablo lawl, ~mm,~. tmiinanee~ ~odea md inSular/otto
2.4.3 Tho I~aign Pvof~ional droll ach~c fl~e Ownt~ of any adjm~mta to pr~ioua ~ ~ of ~ ~t ~i~ by ~ ~ ~
Z~L4 Th~ D~ign Profi:~ional shall assiat fl~o Owner in connection wilh lbo Own~s v=pomibility for filing dogumw, ta ~ for thc approval of govemme~bl
authmifies Imvin8 ju~sdicfion ova' the Project
CONSTUCTION CONTRACT PROCUReMeNT
shMl assist the Owne~ in proeu~g ~ eomtmefion contract fiat the Project ~ any ~t nml~ ~at i ~ ~b~ ~ ~ ~ ~g ~
~ ff Ih~ comtn~ion contract amount for th~ Project ~v:eods the total com(s~lion co~t of fl~ ~j~ ~ ~ f~ ~ ~ ~,~.~ ~ S~ ~ ~b~
Comtt~ctlon Costs of th~ Project ~ by th~ ~ Pn~salo~a~ fl~m ~ ~esign Professional, ~ Jla ~o1~ emt and e~me, win rm~so fl~ Constmc~on
l~cummfls aa may b~ rcqui~d by tho Own~ Io redu~ or modlfy tho quant~y ~ quali~ ~ ~ w~ so ~ ~e ~ ~fi~ ~t ~o ~ ~ ~ ~
ammd~d by tho City of De~ton ~eelal condi~, unless othn~ Im~vided in ~ A~reemmL For mgln~e~ tho administration ~ also bo in a~mdanco with the
provided ~ ~ho A~m~nt
oth~ p~o~ pedonnlng po~iom of~ho
pc~fo~ng potions of tl~ work.
appm~l of a speeifi~ il~m draft not indiea~ ~pp.~ol of ~ auembly of whieh ~h~ ita~ is a componmO. Whm lUOfi~im~l em~fieallon of pefformm~ eharaclmiafi~
GENERAL
3.1.1 Thz ses~i~s d~cfib~d in thls A~iel~ 3 ar~ not included in 13asig Sgnviees unle~ so identified h ~e ~mt ~ ~ ~ ~ s~ ~ ~ f~ ~ ~
authcg~d or confim~d in vaifing by ghe Ovm~. If ses~icgs d~a:n~d under Contingent Additional Sg~vicgs in Section 3.3 am required du~ to cltcmmtanc~s Imdond
thc l~sign Professional's control, th~ Design Profeuional shah notify th~ Owner in writing and shall not gommme~ such ~ s~rviggs ~ it mgivgs ~i~
app~al flora th~ Gwner to im~ceed. If th~ Gvmer indleat~s in ~qitin8 ghat all or par of such Contingent Addifiom~l S~ ~ ~ ~ ~ ~i~ ~1
shall have no obligatlon to provid~ tho~ sgrvices. Owner will b~ gsponsibl~ for eompemat~8 Ihe D~ign Professional f0~ Conting~d ~ ~ ~ ·
3.2.1 ff mor~ ext~iv~ r~-pte~-ntatlon at tho si~ than is described in Subsection 2.6.5 is requlmi, thc D~sign Pmfmsioasl dali pmvidc on~ or mo~ Pmjgct
l~ematives to asaist in can, yin g out such additional on-si~ rgsponsibilifie~
3~2 Project F,~.~tatives shall be scl~:t~d, mtploye, d and di~d by th~ Design Pmf~sional, and ~t~ Design Profgssioml shsll ~ oompemaggd Ihen~or as
~J.8 l~ovld~ng sm,ica~ in addih'on to thoea scqulmd bY A~icle 2 £or Ira:Paring doa~nmts ~r ~ ~ ~ s~l ~ ~ ~8s~~
e~used or neee~ila~d in whole of in pad duc Io the neglisent ncr o~ ~ ~ ~ ~£~ ~H ~ p~ by ~ ~ ~1 u a ~ ~
3.40FTXONAL ADDITIONAL
3.4.1 Prov~ financial £e~ibillty or otl~ special 8tudic~
3.4~ ~ planning 8u~eys, sltc evalua6ons or compmzlive studies o£proepedlv~ silos.
~.4.3 l~t~vldlng special sm~y~, envimnm~tal studies ~nd submi~sio~ required for approvals of 8m, m~mmlal authotitie~ cf othcs~ having jmlsdicllon owr
~.,t7 Pfovldin$ coordin~llon of construction pe~fcsmed by separate cc~tractms ~r by tim Own~'s own fc~es ~nd eoordlnation of se~ic~ nxluimg in connec~m wilh
~.4.9 l~avldlng a~aly~e~ of oI~ ~d m nlmemmce co~.
~.4,10 Mald~ inv~li~liom, invento~ of materials or equipment, or valu~on~ sad detailed aplm6ssls of ~xlst~n~ f~cilit~.
3.4,13 l~avlding intcrior design snd similar e~vices requited fer or in connection with ~e sc[ccgon, proememant m imtalla~on of fim~ fungslt~ and misted
fically gc~z~d in Subeec~on 2.2.1.
4J Ifn:queeted by Ibc ]D~i~n l~ofcsslonal, tim Ovmcr ~hall fumlsh evi~mce that financial ~ls ~,~ been made Io fldfill the Owner's obllsatlc~s und~ Ibis
4.Ki ~c Owner sludl fxu~ish tho services of olhc~ consultants when ~uch saviccs sro zzasonably tcqulred by tho ~ of ~c ~ ~ ~ ~ ~ ~e ~
ARTICLES CONSTRUCTION COST
spec/ally provided for by th~ Dm/gn Profmsional, plus a n~asonabl~ allow~mez for tl~ Contracto?s overhead and pro ffl. In addilion, · ~am~abl~ allowsncz for con=
t/ngmclm shall be/nehdzd for markzt conditions at tho lJm~ of blddlng and for e.~ ~ ~h~ wink dm/n~ ~.
H:~Survzy 5e~iccs\Contrac~GENERAL CONDIT/ONS-ARCHYfECT-ENGINEER.doc Rzvhmt 5-~;0-02
6.2 Submission or dlstn~uti~n of documents to m~:t official tcsulatmy rcquia~anenta or fo~ similar pmp~ca in connection with tl~ Project :- not to be comtmed as publleaf~m
in demgnfion of thc Design Pmfe~ionars ~e~ved fi~hts.
7.1 Thc l)~i~n Ikofcasional may t~nninat~ fits Aip~nt upon not le~s than thifly days writ~n noti~ should th~ Ownc~ fail sulmtanfially to i~fonn in acco~danex with
t~ms of th~ A~mmt through no fault of thc Design PlofmlmmL Own~ may tetmina~ tho A~ccn~-nt or any pha~ fl~enaff with or wifltout caus~ upon th~ (30) da~
lni~ vnit~n notic$ ~o Ihe Design IMff{nsional All work and labor being perfom~d under tho A~ shall coaso inm~dia~ly upon D~ign Professional's m:eipt of such
notice. Beg~t~mmd~fth~thirty(3~)day~mi~d~Dmi~nPmf~i~na~a~inv~i~f~w~it~~~t~fs~ No
ammmt shah bo dua for lost or anliclpated profits. All plans, field stwveys, and olhar data rolated lo tl~ Project shall b~:omo properly of tim Ownar upon tominafion of Iho
A~ and shall be promptly d~llvn~d to th~ O~n~ in a reasonably or?nin~l from. ffaould O~mer subsequently contract wilh a n~w Desisn Professional for eonfinmfion
of eeeAem on ~o Project, l~i~n Pmfe~ionel sh~dl coopcrat~ in provldm' g infonn~ion.
7.~ If th~ Proj~t is suspended by th~ Owne~ for mom than 30 c~nsecufiw days, the Design Pmfmsional shall b~ ~l~d fo~ se~dees satisfa~anily In:ffo~med pdof to
notice of such suspa~ion. Whm thc Project is re~umod, fltc Design Pmfcasitmal'a comtxmsation shall ~ ~ a~ ~ ~ f~ ~ ~ ~ ~ ~
7~3 Tim Agreement rosy bc tmminn~d by tho Owner upon not [cas thnn scvm days ~ notice to ~ Design Pmfmsional in ~ c~mt that th~ l~oject is permanently
7.4 Feilu~ of thc Ownc~ to mel~ paymen~ to hc I~ign l~f~sionel for wonk satisfactorily complctod in accordance with the Ag~ecn~t shall b~ conzide~d subh~i.I nc~
peffonnane~ and cause for mmhuaio~
7.$ If th~ Ovmer fails to mako paymmt to Design Professional wi~fin ~hMy 00) days of tecelpt of · statnneat for seanne~s prop~ly and satisfac~nly ped'onned, th~ l~s~n
7.6 In the eveat of t~nninafion not th~ fault of tho Desisa Profeasional, thc Dmign Pmfeasional ~ ~ ~ ~ ~ ~ ~d ~Y ~ ~r~
tenninati~.
H:~urvey ,%rviem\Contract\GENERAL CONDIIION$-ARCHITECT-ENGINEEILdoe R~vls~d 5-30-02
";'~ 8.~ PAYMEI~TS W1THItELD No drduc~oM shall b~ made flora tho [kzign Ptofmalo~al's comlnmatton oa scc~vnt of gmalty, liq~ida~d dm~gm ~ other ~u~m wlt~hald
· ~, from paymmts to con~c~, o~ on ~rount of tl~ co~t of cha~ m the wink oth~ ~mn tho~ ~r w~ ~ ~ ~ ~ ~1~
,~(!.. -,
!?;~ ' ARTICLE 9 INDEMNITY
9.1 Tho Desitin Prof~selo~al shah indemn~ and save and hold hmnless thc Owncr mi it~ offlccr,, ,scnts, and mploy~c~ ]~om and aS&inst any and all liability,
dofemm am h~by cxp~ssly rc~vcd.
11.2 Tho Ovm~ and Design Probsieo~l, retj~aiwly, bind thomselves, thor paflncvs, sueccsson, nsigns and I~d rcl~scotali~u to tho othcr pray to tl~ .a.~m~lent and to
su~ docummb shall bo givm pdorlty in th~ followlng otd~c
11.4 Nothlns contained in th~ .~t shah cre-a~ a ea~trd~h~ t~hlionshlp with or a came of a~tion h fav~ of a ~ ~ ~t ~ thc ~ ~ ~
Pmfcsalm~a].
lin Upon m:cipt of pdo~ ~ ~pl,.oyal of Owner, th~ Dcsign Pmfc~slmml shall have thc right to inelud~ ..~.~mtatiom of the hign oftha Pmj~t. inchding photographs
of rite cxttrior and inta~or, among thc Design Ptofmsional's pmmo~al and Ihnffmsional materiab. Tha Design Professionals nu0mlals shall not inelud~ the Owners
eonfld~ntia I or lnVln ;ctary infe~nation if the Ownc~ has ln~wimmly advbed tho Dmign Pmfmsion~l in writing of fl~ ~ifie info~mafion camidc~d by Lh~ O~n~ to be ~-
dmfial a~ pmpl4~. ~ Owfler shall provido profcssional ca~dit for the Deslgn Pmfmslonal mi the consMte~ion sign and in the pmnm~iooal mahn'iab for tho Project
11.6 Approval by the Owner shall not constltx~, nor be deemed a release of tho responsibility ~nd liability of tho Design Profe~ional, its employees, assoeiate~, age,is,
All notices shall be de~med eft~tive upon receipt by the ps~ty to whom such notic~ is ~ive~ or within tllrc~ (3) days allot mailill8.