82-026 Ordinance - Laserfiche WebLink

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ARTICLE 5 ARCHITECT'S ACCOUNTING RECORDS 5.1 Records of 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 City's authorized representative at mutually convenient times. ARTICLE 6 OWNERSNIP AND tISE OF DOCUMENTS 6.1 Drawings and Specifications as instruments of service are and shall become the property of the City whether the Project for which they are made is executed or not. 6.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in er gation of the Architect's rights. Architect wlll furnish the C%ty wit[i ten ?10? sets of specificatlons and contract documents. ARTICLE 7 ARBITRATION 7.1 Al1 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 consolidation,--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 City, 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. 7.2 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 arbitration 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. 7.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION OF AGREEMENT 8.1 This Agreement may be terminated seven (7) days' written notice should the other party perform in accordance with its terms through no fau7t the termination. 8.2 This Agreement may be terminated least seven (7) days' written notice to the Architect Project is permanently abandoned. by fa of by in either party upon il substantially to the party initiating the City upon at . the event that the -8-