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2005-255
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2005-255
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Last modified
7/29/2016 10:18:38 AM
Creation date
9/30/2015 8:59:38 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/19/2005
Control Number
2005-255
Agenda Item Number
14.A.4
Entity Name
Barth Construction
Subject
Renovation Emergency Services Fire Station No.6
Area
Fire Station #6
Supplemental fields
SmeadsoftID
5096
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§ 1 A . 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 Wcrk . 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 Documentsas <br /> being necessary to produce the intended results . Words that have wellknown technical <br /> or construction industry meanings are used in the Contract Documents in accordance <br /> with such recognized meanings . <br /> § 1Z 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 The Owner hopes to use the plans, Drawings , specifications , and ether <br /> documents and electronic data furnished by the Design/Builderas a prototype for <br /> construction of other fire stations in the future . are OnStF, ,neem+ of s „ 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 stationsupon payment of reuse fee to <br /> be negotiated ._ Drawings , speenfleations , and other doeuments and eleetrenie data are <br /> 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 informaibn <br /> and reference in connection with the Project except as provided in Sections 1 . 3 . 2 and <br /> 1 . 3 . 3 . The Owner intends that the documents , drawings , plans , specifications and <br /> electronic data are intended to be reused at some future time . Pursuant to FS <br /> 287 , 055 ( l 0 ) the documents and plans shall contain notice to the public that the plans <br /> 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 dher 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 Agreanent or under any <br /> other subsequently executed agreement . <br /> 3 <br />
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