01-28-19 Regular Meeting of the La Porte City Council

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position, and (b) the name and title of the executive officers who will represent that party. The executive officers shall meet at a mutually acceptable time and place within twenty (20) days of the date of the disputing parry's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. 17.3 MEDIATION If the controversy or claim has not been resolved within thirty (30) days of the meeting of the Senior Representatives, the parties agree to settle the dispute by mediation administered by the American Arbitration Association under its Construction Industry Mediation currently in effect. The request may be made concurrently with the filing of a demand for litigation, but, in such event, mediation shall proceed in advance of litigation, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties. Request for mediation shall be filed in writing with the other party to the Contract and with the American Mediation Association. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any controversy or claim to mediation under the terms of this contract in which no party's total disclosed claim or counter -claim exceeds $75,000, exclusive of interest, the parties shall participate in mediation under the Fast Track Procedures as set forth in the Construction Industry Mediation Rules of the American Arbitration Association. Where no party's claim exceeds $10,000, exclusive of interest, and in other cases where the parties agree, the dispute shall be resolved by submission of documents, as provided for in Rule F-9 of the Fast Track Procedures of the Construction Industry Mediations Rules of the American Arbitration Association. 17.4 LIMITATION ON CONSOLIDATION OR JOINDER: No mediation shall include, by consolidation or joinder or any other manner, parties other than the City, Contractor and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in mediation. No person or entity other than the City or Contractor shall be included as an original third party or additional third party to a mediation whose interest or responsibility is insubstantial. Consent to mediation involving an additional person or entity shall not constitute consent to mediation of a Claim not described therein or with a person or entity not described therein. The foregoing agreement to mediate and other agreements to mediate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 17.5 CLAIMS AND TIMELY ASSERTION OF CLAIMS: The party filing a notice to demand for mediation must assert in the demand all Claims then known to that party on which mediation is permitted to be demanded. 17.6 NON -JURY TRIAL: Any claims disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth above shall be resolved through litigation. The parties stipulate that venue for any such proceedings shall be in the district courts Harris County, Texas. In the event the parties are forced to litigate their disputes, owner and contractor agree to each waive their right to a trial by jury and further agree that the judge shall be the sole finder of fact and rule on the law of the case, without a jury. AUTHORIZATION: Should this proposal meet with your approval and acceptance, please sign below and return a copy of this