HomeMy WebLinkAboutCC Resolution 7052 (Peacock Gap Neighborhood Park)RESOLUTION NO. 7052
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREE-
MENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR
PEACOCK GAP NEIGHBORHOOD PARK
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES
as follows:
The Mayor and City Clerk are authorized to execute, on
behalf of the City of San Rafael, an agreement with Brian Witten-
keller for landscape architectural services for preparation of
contract documents for construction of Peacock Gap Neighborhood
Park, a copy of which is attached hereto and incorporated herein
by this reference.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 4th day of March, 1985, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANJNE M. LEONCINI, City Clerk
AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR
PREPARATION OF CONTRACT DOCUMENTS FOR CONSTRUCTION
OF PEACOCK GAP NEIGHBORHOOD PARK
This Agreement made as of the 4-TIA day of in
the year Nineteen Hundred and Eighty- P►V E ,
Between the Owner: City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
and the Landscape Architect: Brian Wittenkeller
Landscape Architect
1332 Fourth Street
San Rafael, CA 94901
For the following Project:
Final design and preparation of construction contract documents for
the seven acre Peacock Gap Neighborhood Park.
The Owner and Landscape Architect agree as set forth below.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN
OWNER AND LANDSCAPE ARCHITECT
ARTICLE I
LANDSCAPE ARCHITECT'S SERVICES AND RESPONSIBILITIES
Basic Services
The Landscape Architect's Basic Services consist of the five tasks
described in Paragraphs 1.1 through 1.5 and include complete Land-
scape Architectural and Architectural services included as part of
basic services .
Work Tasks of Architect:
1.1 Data Gathering and Review: The Landscape Architect will
gather all available and applicable information regarding the
site. Information sources will include the City of San Rafael,
adjacent landowners, various utility companies and other
sources as appropriate. The information will be reviewed and
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analyzed as it may apply to the project. The Landscape Archi-
tect will review the existing hillside above the proposed park
site and make design recommendations to hillside of eroded
drainage gullies and scarps and divert rainwater from these
areas into a storm drainage system. The Landscape Architect
will seek professional Civil Engineering assistance from
outside consultants as he feels is required. The Landscape
Architect will consider existing and proposed land uses in the
vicinity of the park and coordinate all work closely with
representatives of the city, the Peacock Gap Neighborhood and
the representatives of adjacent proposed developments.
The Landscape Architect will use as a guide the Peacock Gap
Community Park Master Plan as adopted by the City Council on
January 17, 1983.
1.2 Preliminary Working Drawings and Cost Estimates: Based on the
information compiled through the previous tasks, the Landscape
Architect will prepare Preliminary Working Drawings and cost
estimates. Said Working Drawings shall include but not neces-
sarily be limited to the following:
1.2.1 Grading and drainage.
1.2.2 Site Plan/Staking Plan.
1.2.3 Planting Plan.
1.2.4 Irrigation Plan.
1.2.5 Lighting Plan.
1.2.6 Construction Details.
1.2.7 Restroom Plans.
1.2.8 Phasing Plan.
1.3 Plan Review and Revision: The Landscape Architect will present
plans and cost estimates to the community a minimum of two
times. The meetings will be held in the Peacock Gap Community,
and residents will be encouraged to attend and make recommend-
ations regarding the park improvements. The Landscape Architect
will also meet with city staff to secure their input and
recommendations on the Preliminary Working Drawings. Based on
the input from the community and city representatives the
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Landscape Architect will revise the plans to reflect appropriate
changes. The phasing plan will be developed to reflect project
phasing based on available funding.
One public meeting each will be held before the City of San
Rafael Park and Recreation Commission, Planning Commission and
City Council. Any changes requested at these public meetings
will be incorporated into the plan and cost estimates.
1.4 Contract Specifications: The Landscape Architect will prepare
a complete set of technical specifications for inclusion in the
Bid Package. This work will include but not necessarily be
limited to the following:
1.4.1 Technical Specifications.
1.4.2 Bid Schedule.
1.4.3 Construction Cost Estimates.
The Landscape Architect will coordinate this work closely with
the city staff and assist the staff in the preparation of the
final Bid documents.
1.5 Construction Review: During construction of Phase I the
Landscape Architect will make periodic site visits to review
progress and to insure that overall project development is in
conformance with contract documents. The architect will work
closely with the city inspector who conducts day-to-day
inspection and assist him in making decisions regarding esthe-
tics and appearance of the completed work.
1.5.1 The Landscape Architect shall prepare a set of
reproducible record drawings showing significant changes
in the Work made during construction based on marked -up
prints, drawings and other data furnished by the Con-
tractor to the Architect.
1.5.2 The Landscape Architect will make revisions in Drawings,
Specification or other documents when such revisions are
a result of an oversight, ommission, or error of the
Landscape Architect while preparing the plans and
documents.
1.6 Construction Review Beyond Basic Services
1.6.1 If the Owner and Landscape Architect agree that more
extensive representation at the at the site than is
described in Paragraph 1.5 shall be provided, the
Architect shall negotiate some with the city.
1.7 Additional Services
The following Services are not included in Basic Services.
They shall be provided if authorized or confirmed in writing by
the Owner, and they shall be paid for by the Owner as provided
in this Agreement, in addition to the compensation for Basic
Services.
1.7.1 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof, or
to verify the accuracy of drawings or other information
furnished by the Owner.
1.7.2 Preparing documents of alternate, separate or sequential
bids or providing extra services in connection with
bidding, negotiation or construction prior to the
completion of the Construction Documents Phase, when
requested by the Owner.
1.7.3 Providing coordination of Work performed by separate
contractors or by the Owner's own forces.
1.7.4 Providing services in connection with the work of a
construction manager or separate consultants retained by
the Owner.
1.7.5 Providing Detailed Estimates of Construction Cost,
analysis of owning and operating costs, or detailed
quantity surveys or inventories of material, equipment
and labor.
1.7.6 Making revisions in Drawings, Specifications or other
documents when such revisions are inconsistent with
written approvals or instructions previously given, are
required by the enactment or revision of codes, laws or
regulations subsequent to the preparation of such
documents or are due to other causes not solely within
the control of the Landscape Architect.
1.7.7 Preparing Drawings, Specifications and supporting data
and providing other services in connection with Change
Orders to the extent that the adjustment in the Basic
Compensation resulting from the adjusted Construction
Cost is not commensurate with the services required of
the Landscape Architect, provided such Change Orders are
required by causes not solely within the control of the
Landscape Architect.
1.7.8 Making investigations, surveys, valuations, inventories
or detailed appraisals of existing facilities, and
services required in connection with construction
performed by the Owner.
1.7.9 Providing consultation concerning replacement of any
Work damaged by fire or other cause during construction,
and furnishing services as may be required in connection
with the replacement of such Work.
1.7.10 Providing services made necessary by the default of the
Contractor, or by major defects or deficiencies in the
Work of the Contractor, or by failure of performance of
either the Owner or Contractor under the Contract for
Construction.
1.7.11 Providing extensive assistance in the utilization of
any equipment or system such as initial start-up or
testing, adjusting and balancing, preparation of,oper-
ation and maintenance manuals, training personnel for
operation and maintenance, and consultation during
operation.
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1.7.12 Providing services after issuance to the Owner of the
final Certificate for Payment, or in the absence of a
final Certificate for Payment, more than sixty days
after the Date of Substantial Completion of the Work.
1.7.13 Preparing to serve or serving as an expert witness in
connection with any arbitration or legal proceeding.
1.7.14 Providing services of consultants for other than the
normal landscape architectural services for the Project,
except as previously noted.
1.7.15 Providing any other services not otherwise included
in this Agreement or not customarily furnished in
accordance with generally accepted landscape archi-
tectural practice.
1.8 Time
1.8.1 The Landscape Architect shall perform Basic and
Additional Services as expeditiously as is consistent
with professional skill and care and the orderly progress
of the Work. The estimated time of completion of work
tasks one through four is one hundred and eighty calendar
days. The architect will make every effort to complete
the contract documents for Phase I construction as
generally outlined in the Peacock Gap Community Park
Master Plan by April 30, 1985. Minor adjustments to
Phase I may be directed by the city.
Schedule: Upon the signing of this Agreement, Landscape Architect
estimates that the time to complete the plans and specifications,
including City approvals, will be one hundred and eighty calendar
days. At that time, Landscape Architect will have completed all
work as outlined above. Owner should allow four to six weeks for
Bidding of Phase I.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding requirements
for the Project including a program, which shall set forth the
Owner's design objectives, constraints and criteria, including
space requirements and relationships, flexibility and expand-
ability, special equipment and systems and site requirements.
2.2 The Owner shall provide a budget for the Project, including
contingencies for bidding, changes in the Work during con-
struction, and other costs which are the responsibility of the
Owner. The Owner shall, at the request of the Landscape
Architect, provide a statement of funds available for the
Project, and their source.
2.3 The Owner shall designate, when necessary, a representative
authorized to act in the Owner's behalf with respect to the
Project. The Owner or such authorized representative shall
examine the documents submitted by the Landscape Architect and
shall render decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of the Landscape Architect's
services.
2.4 The Owner shall retain the services of a firm licensed to
practice land surveying. Said firm shall prepare a topographic
base map of 1"=20' with a contour interval of 1' with spot
elevations in flat areas and on all trees greater than 3" in
diameter. Said map will show all property lines and utilities
on site and adjacent both existing and proposed.
2.5 The Owner shall retain the services of Harding Lawson Associates
for all necessary soils review, investigations and recommend-
ations deemed necessary by the City and Landscape Architect.
2.6 The Owner shall furnish all legal, accounting and insurance
counseling services as may be necessary at any time for the
project, including such auditing services as the Owner may
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f require to verify the Contractor's Applich�ions for Payment or
to ascertain how or for what purposes the Contractor uses the
monies paid by or on behalf of the Owner.
2.7 The services, information, surveys and reports required by
Paragraphs 2.4 through 2.7 inclusive shall be furnished at the
Owner's expense, and the Architect shall be entitled to rely
upon the accuracy and completeness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformances with the Contract
Documents, prompt written notice thereof shall be given by the
Owner to the Architect.
2.9 The Owner shall furnish required information and services and
shall render approvals and decisions as expeditiously as
necessary for the orderly progress of the Landscape Architect's
services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 Definition
3.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the
Project designed or specified by the Landscape Architect.
3.1.2 The Construction Cost shall include at current market
rates, including a reasonable allowance for overhead and
profit, the cost of labor and materials furnished by the
Owner and any equipment which has been designed, speci-
fied, selected or specially provided for by the Landscape
Architect.
3.1.3 Construction Cost does not include the compensation of
the Landscape Architect and the Landscape Architect's
consultants, or other costs which are the responsibility
of the Owner as provided in Article 2.
3.2 Responsibility for Construction Cost
3.2.1 Evaluations of the Owner's Project budget, Statements of
Probable Construction Cost and Detailed Estimates of
Construction Cost, if any, prepared by the Landscape
Architect, represent the Landscape Architect's best
judgment as a design professional familiar with the
construction industry. It is recognized, however, that
neither the Landscape Architect nor the Owner has
control over the cost of labor, materials or equipment,
over the Contractor's methods of determining bid prices,
or over competitive bidding, market or negotiating
conditions. Accordingly, the Landscape Architect cannot
and does not warrant or represent that bids or negotiated
prices will not vary from the Project budget proposed,
established or approved by the Owner, if any, or from
any Statement of Probable Construction Cost or other
cost estimate or evaluation prepared by the Landscape
Architect.
3.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget. The
Landscape Architect will prepare a phased construction
cost estimate that will permit the city to prepare
contract documents for various levels of park development
that are compatible with the city's ability to provide
necessary maintenance and operations funding.
3.2.3 If the Bidding or Negotiation Phase has not commenced
within three months after the Landscape Architect
submits the Construction Documents to the Owner, any
Project budget or fixed limit of Construction Cost shall
be adjusted to reflect any change in the general level
or prices in the construction industry between the date
of submission of the Construction Documents to the Owner
and the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction Cost
(adjusted as provided in Subparagraph 3.2.3) is exceeded
by the lowest bona fide bid or negotiated proposal, the
Owner shall (1) give written approval of an increase in
such fixed limit; (2) authorize rebidding or renego-
tiating of the Project within a reasonable time; (3) if
the Project is abandoned, terminate in accordance with
Paragraph 9.2; or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction
Cost. In the case of (4), provided a fixed limit of
Construction Cost has been established as a condition of
this Agreement, the Landscape Architect, without addi-
tional charge, shall modify the Drawings and Specifi-
cations as necessary to comply with the fixed limit.
The providing of such service shall be the limit of the
Landscape Architect's responsibility arising from the
establishment of such fixed limit, and having done so,
the Landscape Architect shall be entitled to compensation
for all services performed, in accordance with this
Agreement, whether or not the Construction Phase is
commenced.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries
of all the Landscape Architect's personnel engaged on the
Project, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits, insur-
ance, sick leave, holidays, vacations, pensions and similar
contributions and benefits.
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ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation
for Basic and Additional Services and include actual expendi-
tures made by the Landscape Architect and the Landscape Archi-
tect's employees and consultants in the interest of the Project
for the expenses listed in the following Subparagraphs:
5.1.1 Expense of transportation in connection with the Project;
living expenses in connection with out-of-town travel;
long distance communications; and fees paid for securing
approval of authorities having jurisdiction over the
Project.
5.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents, excluding
reproductions for the office use of the Architect and
the Landscape Architect's consultants.
5.1.3 Expense of data processing and photographic production
techniques when used in connection with Additional
Services, including the record drawings.
5.1.4 If authorized in advance by the Owner, expense of over-
time work requiring higher than regular rates.
5.1.5 Expense of renderings, models and mock-ups requested by
the Owner.
ARTICLE 6
PAYMENTS TO THE PROJECT ARCHITECT
6.1 Payments on Account of Basic Services
6.1.1 An initial payment as set forth in Paragraph 13.1 is the
minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be made
monthly and shall be in proportion to services performed
within each Phase of services, on the basis set forth in
Article 13.
6.1.3 If and to the extent that the Contract Time initially
established in the Contract for Construction is exceeded
or extended through no fault of the Landscape Architect,
compensation for any Basic Services required for such
extended period of Administration of the Construction
Contract shall be computed as set forth in Paragraph
13.4 for Additional Services.
6.1.4 When compensation is based on a percentage of Con-
struction Cost, and any portions of the Project are
deleted or otherwise not constructed, compensation for
such portions of the Projects shall be payable to the
extent services are performed on such portions, in
accordance with the schedule set forth in Subparagraphs
13.2.2, based on (1) the lowest bona fide bid or nego-
tiated proposal or; (2) if no such bid or proposal is
received, the most recent Statement of Probable Con-
struction Cost or Detailed Estimate of Construction Cost
for such portions of the Project.
6.2 Payments on Account of Additional Services
6.2.1 Payments on account of the Landscape Architect's Addi-
tional Services as defined in Paragraph 1.7 and for
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Reimbursable Expenses as defined in Article 5 shall be
made monthly upon presentation of the Landscape Archi-
tect's statement of services rendered or expenses
incurred.
6.3 Payments Withheld
6.3.1 No deductions shall be made from the Landscape Archi-
tect's compensation on account of penalty, liquidated
damages or other sums withheld from payments to con-
tractors, or on account of the cost of changes in the
Work other than those for which the Landscape Architect
is held legally liable.
6.4 Project Suspension or Termination
6.4.1 If the Project is suspended or abandoned in whole or
in part for more than three months, the Landscape
Architect shall be compensated for all services performed
prior to receipt of written notice from the Owner of
such suspension or abandonment, together with Reimbur-
sable Expenses then due and all reasonable Termination
Expenses.
ARTICLE 7
PROJECT ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to
Additional Services and services performed on the basis of a
Multiple of Direct Personnel Expense shall be kept on the basis
of generally accepted accounting principles and shall be
available to the Owner or the Owner's authorized representative
at mutually convenient times.
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ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of service are and
shall remain the property of the Owner whether the Project for
which they are made is executed or not. The Drawings and
Specifications shall not be used by the Owner on other projects,
for additions to this Project, or for completion of this
Project by others provided the Landscape Architect is not in
default under this Agreement, except by agreement in writing
and with appropriate compensation to the Architect.
8.2 Submission or distribution to meet official regulatory require -
meats or for other purposes in connection with the Project is
not to be construed as publication in derogation of the Land-
scape Architect's rights.
ARTICLE 9
TERMINATION OF AGREEMENT
9.1 This Agreement may be terminated by either party upon fourteen
(14) days written notice.
9.2 In the event of termination not the fault of the Landscape
Architect, the Landscape Architect shall be compensated for all
services performed to termination date, together with Reimbur-
sable Expenses then due.
ARTICLE 10
MISCELLANEOUS PROVISIONS
10.1 Unless otherwise specified, this Agreement shall be governed
by the law of the State of California.
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10.2 Terms in this Agreement shall have the same meaning as those in
AIA Document A201, General Conditions of the Contract for Con-
struction, current as of the date of this Agreement.
10.3 As between the parties to this Agreement: as to all acts or
failures to act by either party to this Agreement, any applic-
able statute of limitations shall commence to run and any
alleged cause of action shall be deemed to have accrued in any
and all events not later than the relevant Date of Substantial
Completion of the Work, and as to any acts or failures to act
occurring after the relevant Date of Substantial Completion,
not later than the date of issuance of the final Certificate
for Payment.
10.4 Landscape Architect shall indemnify, defend and hold harmless,
Owners, its officers, agents and employees from any and all
suits, actions, claims, demands, liability, or loss of any
kind, character, name and description, which may arise or be
incurred as a result of any injury or damage to persons or
property on account of any negligent performance of Landscape
Architect's work hereunder.
10.5 Landscape Architect shall secure and maintain professional
liability insurance in connection with the services performed
hereunder, with limits of liability not less than $500,000 per
claim, and annual aggregate. Satisfactory evidence of the
required insurance must be provided by either a separate policy
or certificate of insurance naming the Owner as an additional
insured thereunder.
ARTICLE 11
SUCCESSORS AND ASSIGNS
11.1 The Owner and the Landscape Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the
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partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement.
Neither the Owner nor the Landscape Architect shall assign,
sublet or transfer any interest in this Agreement without the
written consent of the other.
ARTICLE; 12
EXTENT OF AGREEMENT
12.1 This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Landscape Architect.
ARTICLE 13
BASIS OF COMPENSATION
The Owner shall compensate the Landscape Architect for the Scope of
Services provided, in accordance with Article 6, Payments to the
Architect, and the other Terms and Conditions of this Agreement, as
follows:
13.1 AN INITIAL PAYMENT of $1,500.00 shall be made upon execution
of this Agreement.
13.2 Basic Compensation
13.2.1 For Basic Services, as described in Paragraphs 1.1
through 1.5, Basic Compensation shall be based on the
actual amount of work completed and shall not exceed a
total Basic Compensation of $48,300.00.
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Position
Principal Landscape Architect
Associate Landscape Architect
Professional Staff
Clerical/Secretarial
Billing Rate
$60.00
45.00
36.00
23.00
Landscape Architect will submit progress billing to
Owner at the end of each month and Owner has agreed to
remit within fifteen to thirty days.
13.2.2 Compensation is based on a Stipulated Sum and payments
for Basic Services shall be made for each task as out-
lined below:
Payment Schedule
Task 1 - Data Gathering and Review
Task 2 - Preliminary Working Drawings
Task 3 - Plan Review and Revision
Task 4 - Contract Specifications
Task 5 - Construction Review
TOTAL FEE
$ 3,500
7%
38,100
78%
2,200
5%
2,500
5%
2,000
5%
$48,300
100%
13.3 For Project Representation beyond Basic Services, as described
in Paragraph 1.6, Compensation shall be computed separately in
accordance with Subparagraph 1.6.2.
13.4 Compensation for Additional Services
13.4.1 For Additional Services of the Architect, as described
in Paragraph 1.7, but excluding Additional Services of
consultants, Compensation shall be computed as follows:
Additional Services shall be billed on an hourly basis
in accordance with Subparagraph 13.2.1.
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13.4.2 For Additional Services of consultants, as provided
n
under Subparagraph 1.7.14, a multiple of one point one
(1.10) times the amounts billed to the Architect for
such services.
13.5 For Reimbursable Expenses, as described in Article 5, a mul-
tiple of one point zero (1.00) times the amounts expended by
the Landscape Architect, the Landscape Architect's employees
and consultants in the interest of the Project.
13.6 Payments due the Landscape Architect and unpaid under this
Agreement shall bear interest from the date payment is due at
the rate entered below, or in the absence thereof, at the legal
rate prevailing at the principal place of business of the
Landscape Architect.
13.7 The Owner and Landscape Architect agree in accordance with the
Terms and Conditions of this Agreement that:
13.7.1 If the scope of the Project or of the Landscape Archi-
tect's Services is changed materially, the amounts of
compensation shall be equitably adjusted.
13.7.2 If the services covered by this Agreement have not
been completed within eighteen (18) months of the date
hereof, through no fault of the Landscape Architect, the
amounts of compensation, rates and multiples set forth
herein shall be equitably adjusted.
ARTICLE 14
ARBITRATION
14.1 All claims, disputes and other matters in question between the
parties to this Agreement, arising out of or relating to this
Agreement or the breach thereof, shall be decided by arbitration
in accordance with the Construction Industry Arbitration Rules
of the American Arbitration Association then obtaining unless
the parties mutually agree otherwise. No arbitration, arising
out of or relating to this Agreement, shall include, by con-
solidation, joinder or in any other manner, any additional
person not a party to this Agreement except by written consent
containing a specific reference to this Agreement and signed by
the Architect, the Owner, and any other person sought to be
joined. Any consent to arbitration involving an additional
person or persons shall not constitute consent to arbitration
of any dispute not described therein or with any person not
named or described therein. This Agreement to arbitrate and
any agreement to arbitrate with an additional person or persons
duly consented to by the parties to this Agreement shall be
specifically enforceable under the prevailing arbitration law.
14.2 Notice of the demand for arbitration shall be filed in writing
with the other party to this Agreement and with the American
Arbitration Association. The demand shall be made within a
reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for arbit-
ration be made after the date when institution of legal or
equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statute of
limitations. Any arbitration proceedings pursuant to this
Agreement shall be held in San Rafael, California.
14.3 The award rendered by the arbitrators shall include the
attorney's fees and other costs of the prevailing party and
shall be final, and judgment may be entered upon it in accord-
ance with applicable law in any court having jurisdiction
thereof.
This Agreement entered into as of the day and year first written
above.
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,OWNER:
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
LANDSCAPE ARCHITECT:
Brian Wittenkeller
1332 Fourth Street
San Rafael, CA 94901
BY: �;�/ BY ;
�� �Zi�C c cPa..+1 .4 + 7�
(.m yor
Attest:
(qty lerk)
Approved as to Form:
(City Attorney)
120 B/15
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