Plan acceptance:
(A) In such cases when the city representative and the owner’s engineer are not able to reach an agreement on construction plans to meet the requirements of this subchapter, then the owner’s engineer may request binding arbitration:
(1) Upon request for mediation, the city representative and the owner’s engineer shall discuss and attempt to agree on selection of a third party licensed professional engineer in the technical area of concern that will be used to mediate the points of difference; and
(2) If the city representative and the owner’s 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 shall be borne by the owner’s engineer;
(C) The mediating engineer shall document and transmit his or her opinions and/or discussion results to both the city representative and the owner’s engineer upon completion of the mediation process regardless of outcome; and
(D) Pending resolution, the disputed enforcement action shall remain in effect.
(Ord. 2009-1, passed 5-4-2009)