03-12-1984 Council Packet - Laserfiche WebLink

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am 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. Prearbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Procedure. The parties agree not to consolidate their arbitration proceedings with any such proceedings to which the Engineer is a party without the written consent of the Engineer. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. 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. 5.9.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Contract and with the American. Arbitration Association, and a copy shall be filed with the Engineer. The demand for arbitration shall be made within the time limits specified and in all other cases within a reasonable time after the claim, dispute or other matter in queSLion has arisen, and in no event shall it 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. 5.9.3 The Contractor shall carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agree-i by him and the Owner in writing. SECTION 6 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; itEFERENCE POINTS 6.1 LANDS BY OWNER The Owner shall provide, not later than the date when needed by the Contractor, the lands shown on the Prawings upon which the Work under the Contract is to be performed. The Owner shall also provide rights -of -way for access thereto. Any unreasonabir- delay in furnishing these lands by the Owner shall be deemed proper cause for. adju:.tment in the Contract Amount and in the time of completion. 6.2 LANDS BY CONTRACTOR Any additional land and access thereto not shown on the Drawings that may be required for temporary construction facilities or for storage of materials shall be provided by the Contractor with no liability to the Owner. The .,,. Contractor shall confine his apparatus and storage of materials and operation of his workmen to those areas described in the Drawings and Specifications and such additional areas which he may provide at his expense. �MA to 3526a r 4/81