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1 v 3 any, as to how the settlement affects federal reimbursements. No further action <br /> is required. <br /> • There is not a mutual agreement regarding the alleged consultant design error(s). <br /> The consultant may request that the alleged design error(s) issue be forwarded to <br /> the Director of Public Works or Agency Engineer for review. If the Director of <br /> Public Works or Agency Engineer,after review with their legal counsel, is not <br /> able to reach mutual agreement with the consultant,proceed to Step 5. <br /> Step 5—Forward Document to Highways and Local Programs <br /> For federally funded projects all available information, including costs,should be <br /> forwarded though the Region Highways and Local Programs Engineer to H&LP for their <br /> review and consultation with the FWA. H&LP will meet with representatives of the <br /> agency and the consultant to review the alleged design error(s),and attempt to find.a <br /> resolution to the issue. If necessary,H&LP will also request assistance from the Attorney <br /> General's Office for legal interpretation. H&LP will also identify how the alleged error(s) <br /> affects eligibility of project costs for federal reimbursement. <br /> • If mutual agreement is reached, the agency and consultant adjust the scope of <br /> work and costs to reflect the agreed upon resolution. H&LP, in consultation with <br /> FHWA, will identify the amount of federal participation in the agreed upon <br /> resolution of the issue. <br /> • If mutual agreement is not reached,the agency and consultant may seek <br /> settlement by arbitration or by litigation. <br /> 136 <br /> DOT Form 140-089 EF Page 33 <br /> Revised 6/05 <br />