(A) In the event that the County Engineer and the engineer (“project engineer”) are unable to reach agreement on construction plans to meet the requirements of this chapter, the project engineer may request mediation.
(1) Upon written request for mediation, the County Engineer and the project engineer shall forthwith discuss and attempt to agree upon a third-party licensed professional engineer to mediate the points of difference.
(2) If the County Engineer and the project engineer are unable to agree upon a mediator and/or to resolve the differences in mediation, either party may then seek a legal remedy.
(B) The time and related expenses of the mediating engineer, if one is chosen, shall be borne by the client of the project engineer.
(C) The mediating engineer shall document and transmit his or her opinions and conclusions in writing to both the County Engineer and the project engineer upon completion of the mediation process. The mediating engineer’s recommendations shall be in his or her discretion and shall not be limited to agreement with either the County Engineer’s position or the project engineer’s position. All engineers shall make a good-faith professional effort throughout the mediation to arrive at a consensus.
(Ord. 05-830-326, passed 12-20-2005)