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2006-075
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2006-075
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Last modified
7/1/2016 1:55:42 PM
Creation date
9/30/2015 9:33:59 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/07/2006
Control Number
2006-075
Agenda Item Number
14.A.3.
Entity Name
Barth Construction Agreement
Subject
Renovations for Emergency Services Fire Station #3
Area
2900 43rd Avenue
Supplemental fields
SmeadsoftID
5505
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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 The Owner hopes to use the plans , Drawings , specifications , and athe <br /> documents and electronic data furnished by the Design/Builder as a prototype for <br /> construction of other fire stations in the future . are : nGtF means of servo Ge . 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. Drawings , specifications , and <br /> other doGuments and e!eGtFGRwGdata aFe furnished for use solely with FespeGt to thfis <br /> Part AgFeeme ^' . 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 ( l 0) , 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 Part 2 Agreement or under any <br /> other subsequently executed agreement . <br /> 3 <br />
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