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2012-230
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Last modified
1/7/2016 2:13:41 PM
Creation date
10/1/2015 4:51:54 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/18/2012
Control Number
2012-230
Agenda Item Number
15.A.2
Entity Name
Barth Construction
Subject
Storage building at Emergency Operations Center
Area
4225 43rd Ave.
Supplemental fields
SmeadsoftID
11643
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Contract Documents are complementary, and what is required by one shall be as <br /> binding as if required by all ; performance by the Design/Builder shall be required only to <br /> the extent consistent with and reasonably inferable from the Contract Documents as <br /> being necessary to produce the intended results . Words that have well-known technical <br /> or construction industry meanings are used in the Contract Documents in accordance <br /> with such recognized meanings . <br /> § 1 . 2 . 2 If the Design/Builder believes or is advised by the Architect or by another design <br /> professional' retained to provide services on the Project that implementation of any <br /> instruction received from the Owner would cause a violation of any applicable law, the <br /> Design/Builder shall notify the Owner in writing . Neither the Design/Builder nor the <br /> Architect shall be obligated to perform any act which either believes will violate any <br /> applicable law . <br /> § 1 . 2 . 3 Nothing contained in this PaFt 2 Agreement shall create a contractual <br /> relationship between the Owner and any person or entity other than . the Design/Builder. <br /> § 1 . 3 OWNERSHIP AND USE OF DOCUMENTS <br /> § 1 . 3 . 1 The Owner hopes to use the plans, Drawings , specifications , an-ethef <br /> documents and electronic data furnished by the Design/Builder as-a-iar$te#Vae-fef <br /> GGAStFUGtiGn 4 ether foFe stations an the future. ire instruments of The <br /> Design/Builder's Architect and other providers of professional services shall retain all <br /> common law, statutory and other reserved rights , including copyright in those <br /> instruments of service furnished by them , except the owner shall have the right to reuse <br /> the instruments for construction of additional storage building . IDFawings , sperifiratie , <br /> PaFt 2 AgFeement. The Owner shall be permitted to retain copies , including reproducible <br /> copies , of the drawings , specifications , and other documents and electronic data <br /> furnished by the Design/Builder for information and reference in connection with the <br /> Project except as provided in Sections 1 . 3 . 2 and 1 . 3 . 3 . The Owner intends that the <br /> documents , drawings, plans , specifications and electronic data are intended to be <br /> reused at some future time . Pursuant to FS 287 . 055 ! 10) , the documents and plans <br /> shall contain notice to the public that the plans are subject to reuse . <br /> § 1 . 3 . 2 Drawings , specifications , and other documents and electronic data furnished by <br /> the Design/Builder shall not be used by the Owner or others on other projects , for <br /> additions to this Project or for completion of this Project by others , except by agreement <br /> in writing and with appropriate compensation to the Design/Builder, unless the <br /> Design/Builder is adjudged to be in default under this PaFt 2 Agreement or under any <br /> other subsequently executed agreement. <br /> § 1 . 3 . 3 If the Design/Builder defaults in the Design/Builder's obligations to the Owner, <br /> the Architect shall grant a license to the Owner to use the drawings , specifications , and <br /> other documents and electronic data furnished by the Architect to the Design/Builder for <br /> the completion of the Project, conditioned upon the Owner's execution of an agreement <br /> to cure the Design/Builder's default in payment to the Architect for services previously <br /> performed and to the extent allowed by law, indemnify the Architect with regard to <br /> claims arising from such reuse without the Architect's professional involvement. <br /> 3 <br />
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