Laserfiche WebLink
Exhibit J 2 <br /> Alleged Consultant Design Error Procedures <br /> The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a <br /> nature that exceeds the accepted standard of care.In addition,it will establish a uniform method for the resolution <br /> and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage <br /> due to the alleged error by the consultant. <br /> Step 1 —Potential Consultant Design Error(s)is Identified by Agency's Project Manager <br /> At the first indication of potential consultant design error(s),the first step in the process is for the Agency's <br /> project manager to notify the Director of Public Works or Agency Engineer regarding the potential <br /> design error(s).For federally funded projects,the Region Highways and Local Programs Engineer <br /> should be informed and involved in these procedures.(Note:The Director of Public Works or Agency <br /> Engineer may appoint an agency staff person other than the project manager,who has not been as <br /> directly involved in the project,to be responsible for the remaining steps in these procedures.) <br /> Step 2-Project Manager Documents the Alleged Consultant Design Error(s) <br /> After discussion of the alleged design error(s)and the magnitude of the alleged error(s), and with the <br /> Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed <br /> documentation than is normally required on the project.Examples include: all decisions and <br /> descriptions of work;photographs,records of labor,materials and equipment. <br /> Step 3 —Contact the Consultant Regarding the Alleged Design Error(s) <br /> If it is determined that there is a need to proceed further,the next step in the process is for the project <br /> manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged <br /> error(s). The project manager and other appropriate agency staff should represent the agency and the <br /> consultant should be represented by their project manger and any personnel(including sub-consultants) <br /> deemed appropriate for the alleged design error(s)issue. <br /> Step 4—Attempt to Resolve Alleged Design Error with Consultant <br /> After the meeting(s)with the consultant have been completed regarding the consultant's alleged design <br /> error(s),there are three possible scenarios: <br /> • It is determined via mutual agreement that there is not a consultant design error(s).If <br /> this is the case,then the process will not proceed beyond this point. <br /> • It is determined via mutual agreement that a consultant design error(s)occurred.If this <br /> is the case,then the Director of Public Works or Agency Engineer,or their <br /> representatives,negotiate a settlement with the consultant.The settlement would be <br /> paid to the agency or the amount would be reduced from the consultant's agreement <br /> with the agency for the services on the project in which <br /> the design error took place.The agency is to provide H&LP,through the Region <br /> DOT Form 140-089 EF Exhibit J <br /> Revised 6/05 6 3 <br />