Reso 2010-1658 - Laserfiche WebLink

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6.4.3 All tracings, plans, drawings, diagrams, specifications, maps, reports and other design documents prepared or obtained under this Agreement shall be considered as instruments of service and shall remain the exclusive property of CONTRACTOR, and shall not be used by CITY without CONTRACTOR's prior written consent. 6.4.4 All services shall be performed by CONTRACTOR in conformance with the Contract Documents, and CONTRACTOR shall follow generally accepted engineering standards in so doing. If the parties disagree as to whether CONTRACTOR has met that obligation the provisions of Article 16.4 shall apply. 6.4.5 Design shall be performed by qualified architects, engineers and other professionals duly licensed by the State of Florida and holding current certificates of registration under the laws of the State of Florida to practice architectural and/or engineering and who are selected and paid by the CONTRACTOR. The Contractor agrees that the City will be allowed to review the construction plans and specification documents at the thirty percent, fifty percent, and ninety percent development stages and if the City does not feel that the Contractor is not providing the final product that has been that has been presented both verbally and in the initial conceptual drawings, the City may at its sole discretion, void the contract as in accordance with Section 16.2.1 of this Agreement. The Contractor has the option of providing revised drawings within ninety days that rectifY any deficiencies to the satisfaction of the City, at their sole discretion. 6.5 Liability for use of Work for Intended Purpose: As an inducement for CITY to enter into this Agreement, CONTRACTOR has represented an expertise in professional design services and the construction of public construction projects by qualified and licensed general construction contractors. In reliance upon those representations, CITY hired CONTRACTOR to provide professional design services and complete construction services. CONTRACTOR shall be liable for any defective or negligent design, whether patent or latent, and/or any negligence, strict liability or breach of other legal duty to the extent and in the manner as hereafter set forth. 6.6 Shop Drawings and Samples:. 6.6.1 CONTRACTOR shall prepare and submit any submittals or shop drawings required for permitting to the authority having jurisdiction, and shall furnish a copy to the Public Services Director. 6.6.2 CONTRACTOR shall prepare and maintain shop drawings and submittals referenced in Paragraph 6.6.1 and make them available for review by CITY. 6.6.3 Review of the shop drawings by CITY shall be general and shall not relieve the CONTRACTOR of the responsibility for the accuracy of such drawings, nor for the proper fitting and construction of the work, nor for the furnishing of material or work required by the Agreement and not indicated on the drawings. 10