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2005-398
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2005-398
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Last modified
8/16/2016 2:11:21 PM
Creation date
9/30/2015 9:28:25 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/06/2005
Control Number
2005-398
Agenda Item Number
14.A.3
Entity Name
Barth Construction Agreement
Subject
Design-Build Renovations Fire Station #12 Part 1 Agreement
Area
5th St. SW
Supplemental fields
SmeadsoftID
5306
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ARTICLE 3 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA <br /> § 3 . 1 The Owner hopes to use the plans , Drawings , specifications , and Gthe <br /> documents and electronic data furnished by the Design/Builder as a prototype for <br /> construction of other fire stations in the future . are instruments of se . 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 fire stations . DFawings , speGifiGatiens , and <br /> etheF deGuments and eleGtFaniG data aFe fUFRished feF use solely With FespeGt to this <br /> Dar+ 1 AgFeernent , 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 3 . 2 and 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 /> § 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 <br /> by agreement in writing and with appropriate compensation to the Design/Builder , <br /> unless the Design/ Builder is adjudged to be in default under this Part 1 Agreement or <br /> under any 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 <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 .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 <br /> be 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 <br /> the performance of the Basic and Additional Services which shall not exceed the time <br /> limits contained in Section 10 . 1 and shall include allowances for periods of time required <br /> for the Owner's review and for approval of submissions by authorities having jurisdiction <br /> over the Project . <br />
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