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CI-It OF SAN BERNARD-'b - REQUIQr FOR COUNCIL ACOoN
From: Ralph H. Prince
Subject: Authorization to Institute
Arbitration on Contract with
Architect Joseph E. Bonadiman &
Associates, Inc, re Mill Center
Recreation Facility
Dept: City Attorney
Daw: July 19, 1985
Synopsis of Previous Council action:
7-21-81
Entry into contract with Joseph E, Bonadiman & Associates,
Inc" for architectural services on Mill Center Recreation
Facility project,
2-4-85
Authorization to pay contractor 50% of cost of additional
materials and labor to redo exterior walls on the north,
east and south sides,
6-17-85
City Attorney directed to make demand on Joseph E. Bonadiman
& Associates, Inc., for $3,768,88 (50% of costs of
materialS) to redo norta, east and south exterior walls,
Recommended motion:
Authorize City Attorney to institute arbitration proceedings under
architectural agreement to recover 50% of cost of materials to redo
north, east and south walls of Mill Center Recreation Facility from
Joseph E, Bonadiman and Associates, Inc,
~Sit!?~
Conwct person:
Ralph H, Prince
Phone: 5255
FUNDING REQUIREMENTS:
Amount:
$200,00
Ward: First
Litigation
Source: 001-051-53050
Finance,: /)",,- C? jCJi
Supporting data attached:
Yes
Council Notes:
75-0262
/
Agenda Item No. ~ ~
CIT90F SAN BERNARDIQ - REQUEQ FOR COUNCIL AC~N
STAFF REPORT
The July 21, 1981 contract between the City and Joseph E.
Bonadiman and Associates, Inc" for architectural services
relating to the Mill Center Recreation Facility provided for
binding arbitration as the exclusive method to resolve disputes.
Contractor and architect disagreed as to responsibility for cost
of materials and labor to reconstruct walls improperly plastered,
Nonbinding arbitration between the architect and the contractor
resulted in an arbitrator's decision that the architect and
contractor should each pay one half of the cost of materials to
redo plastering on the south, east and north walls of Mill Center
Recreation Facility, That work was done and the contractor was
reimbursed by the City for 50% of the cost of materials for the
work, The City has unsuccessfully attempted to recover one half
of the costs from Joseph E, Bonadiman and Assoicates, Inc,
Authorization is now sought to institute arbitration proceedings
to recover the remaining $3,768,88 the City paid to the
contractor,
75-0264