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2 Local Programs Engineer, a summary of the settlement for review and to make <br /> adjustments,if any, as to how the settlement affects federal reimbursements.No <br /> further action is required. <br /> • There is not a mutual agreement regarding the alleged consultant design error(s).The <br /> 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 able <br /> to reach mutual agreement with the consultant,proceed to Step 5. <br /> Step 5—Forward Documents to Highways and Local Programs <br /> For federally funded projects all available information, including costs, should be forwarded through the <br /> Region Highways and Local Programs Engineer to H&LP for their review and consultation with <br /> the FHWA.H&LP will meet with representatives of the agency and the consultant to review the <br /> alleged design error(s),and attempt to find a resolution to the issue. If necessary,H&LP will <br /> request assistance from the Attorney General's Office for legal interpretation.H&LP will also <br /> identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. <br /> • If mutual agreement is reached,the agency and consultant adjust the scope of work <br /> and costs to reflect the agreed upon resolution.H&LP,in consultation with FHWA, <br /> 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 settlement <br /> by arbitration or by litigation. <br /> 64 <br />