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2006-167
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2006-167
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Last modified
8/3/2016 5:01:24 PM
Creation date
9/30/2015 9:43:02 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/16/2006
Control Number
2006-167
Agenda Item Number
14.A.2.
Entity Name
Donadio & Associates
Subject
Part II Agreement Review-IRC Fire Station No. 4
Project Number
#5018.001.4.1.2
Supplemental fields
SmeadsoftID
5636
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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 ether <br />documents and electronic data furnished by the Design/Builder as a prototype for <br />construction of other fire stations in the future. aFe iR6tFYRieRtSof serviGe. 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, ng speGofiGatiG^ and <br />Part 2 AgFee , epvt 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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