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2014-205
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Last modified
3/17/2017 12:17:40 PM
Creation date
1/20/2017 1:45:17 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/16/2014
Control Number
2014-205
Agenda Item Number
15.A.1
Entity Name
Barth Construction
Subject
Fire Station 14 Design Services
Area
Fire Station #14
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§ 2.1.11 The Owner shall communicate with persons or entities employed or retained by <br /> the Design/Builder through the Design/Builder, unless otherwise directed by the <br /> Design/Builder. <br /> ARTICLE 3 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA <br /> § 3.1 The Owner hopes to use the plans, Drawings, specifications, and GtheF documents <br /> and electronic data furnished by the Design/Builder as a prototype for construction of <br /> other fire stations in the future. aro *ns#uments of eonrino The Design/Builder's Architect <br /> and other providers of professional services shall retain all common law, statutory and <br /> other reserved rights, including copyright in those instruments of service furnished by <br /> them, except the owner shall have the right to reuse the instruments for construction of <br /> additional fire stations. DFawings, speGifirsatiens, <br /> aFe fWnished feF use selely with Fespert to this PaFt 1 AgFeeMeFA.-The Owner shall be <br /> permitted to retain copies, including reproducible copies, of the drawings, specifications, <br /> and other documents and electronic data furnished by the Design/Builder for information <br /> and reference in connection with the Project except as provided in Sections 3.2 and 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. Pursuant to FS 287.055(10) the <br /> documents and plans shall contain notice to the public that the plans are subject to reuse. <br /> § 3.2 If the Part 2 Agreement is not executed, the Owner shall not use the drawings, <br /> specifications, and other documents and electronic data furnished by the Design/Builder <br /> without the written permission of the Design/Builder. Drawings, specifications, and other <br /> documents and electronic data shall not be used by the Owner or others on other <br /> projects, for additions to this Project or for completion of this Project by others, except by <br /> agreement in writing and with appropriate compensation to the Design/Builder, unless the <br /> Design/ Builder is adjudged to be in default under this Part 1 Agreement or under any <br /> other subsequently executed agreement, or by agreement in writing. <br /> § 3.3 If the Design/Builder defaults in the Design/Builder's obligations to the Owner, the <br /> Architect shall grant a license to the Owner to use the drawings, specifications, and other <br /> documents and electronic data furnished by the Architect to the Design/Builder for the <br /> completion of the Project, conditioned upon the Owner's execution of an agreement to <br /> 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 claims <br /> arising from such reuse without the Architect's professional involvement. <br /> § 3.4 Submission or distribution of the Design/Builder's documents to meet official <br /> regulatory requirements or for similar purposes in connection with the Project is not to be <br /> construed as publication in derogation of the rights reserved in Section 3.1. <br /> ARTICLE 4 TIME <br /> § 4.1 Upon the request of the Owner, the Design/Builder shall prepare a schedule for the <br /> performance of the Basic and Additional Services which shall not exceed the time limits <br /> contained in Section 10.1 and shall include allowances for periods of time required for the <br />
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