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2012-003B
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2012-003B
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Last modified
12/15/2015 9:54:06 AM
Creation date
10/1/2015 3:29:35 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
First Amendment
Approved Date
01/10/2012
Control Number
2012-003B
Agenda Item Number
8.O.
Entity Name
Bill Bryant and Associates Inc.
Subject
Vero Beach Sports Village Quadrangle Softball Fields
Area
Vero Beach Sports Village
Project Number
1105
Bid Number
2011035
Supplemental fields
SmeadsoftID
10589
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§ 1 . 1 . 2 The term "Work" means the construction and services provided by the <br /> Design / Builder to fulfill the Design / Builder' s obligations . <br /> § 1 . 2 EXECUTION , CORRELATION AND INTENT <br /> § 1 . 2 . 1 It is the intent of the Owner and Design/ Builder that the Contract Documents <br /> include all items necessary for proper execution and completion of the Work . The <br /> 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 Part 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 Drawings , specifications , and other documents and electronic data furnished by <br /> the Design/ Builder are instruments of service . The Design / Builder' s Architect and other <br /> providers of professional services shall retain all common law , statutory and other <br /> reserved rights , including copyright in those instruments of service furnished by them . <br /> Drawings , specifications , and other documents and electronic data are furnished for use <br /> solely with respect to this Part 2 Agreement . The Owner shall be permitted to retain <br /> copies , including reproducible copies , of the drawings , specifications , and other <br /> documents and electronic data furnished by the Design/Builder for information and <br /> reference in connection with the Project except as provided in Sections 1 . 3 . 2 and 1 . 3 . 3 . <br /> The Owner intends that the documents , drawings , plans , specifications and electronic <br /> data are intended to be reused at some future time . <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 Part 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 /> 3 <br />
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