DOUGHERTY+DOUGHERTY ARCHITECTS, LLP 1C -2005

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Contract will be of good quality and new unless otherwise required or permitted by the Project Documents, that such Contractor's work will be free from defects not inherent in the quality required or permitted, and that the work will conform with the requirements of the Project Documents for a period of one (1) year from the date of the Notice of Completion for the Project. Work not conforming with these requirements, including substitutions not properly approved and authorized, may be considered defective. Such warranties may exclude damage or defects caused by abuse, modifications not performed by the Contractor, improper or insufficient maintenance, improper operation, normal wear and tear under normal usage or improper or defective work on other portions of the Project performed by other Contractors. DISPUTES/CLAIMS 11.1 Claims Resolution Involving Consultants and Contractors Disputes involving Consultants and/or Contractors shall be resolved in accordance with the rules set forth in the City's Standard Specifications. 11.2 Dispute Resolution Under this Agreement Unless both parties otherwise agree in writing, all disputes between the parties regarding the interpretation of this Agreement or the performance by a party hereunder shall be resolved through binding, judicial arbitration, using a private arbitration service such as JAMS/Endispute or similar service acceptable to each party; provided, however, in the event the parties are unable despite their good faith efforts to agree upon the procedures for such arbitration or the arbitration service to utilize, then, upon written notice from either party, arbitration shall be conducted pursuant to the commercial arbitration rules of the American Arbitration Association. In the conduct of such arbitration, each party shall be afforded the right for discovery of evidence in accordance with Sections 1985 et seq. of the California Code of Civil Procedure, but any disputes that may arise regarding discovery shall be submitted to the arbitrator for resolution. 11.3 Wages & Records 11.3.1 Wage Rates — PROJECTS 1 & 2 a. Pursuant to Section 1770 and 1773, et seq. of the California Labor Code, the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages and the rates for overtime and holiday work in the locality in which the work is to be performed for each craft, classification, or type of workman needed to execute the contract which will be awarded to the successful bidder, copies of which are on file and available upon request at the Public Works Agency of the City, and which Program Manager shall post at the Project Site.