] [Thread] [Date] [Author]

["Dennis S. Wish PE" <wish(--nospam--at)cyberg8t.com>]

At 03:26 PM 12/7/95 -0800, you wrote:
>Date:      12/6/95       9:24 AM
>From:      Michael Forbes, S.E. (mforbes(--nospam--at)pffa.com)
>           Paul F. Fratessa Assoc., Oakland, California
>
>Subject:   Exclusion from Retrofit Work due to Earlier Involvement in
Evaluation
>
>We are being told by a local municipality that because we participated in the
>preliminary seismic evaluation of an existing municipal building (analysis,
>conceptual retrofit options, determination of probable cost) that we have what
>they term a "conflict of interest" when it comes to doing the ACTUAL seismic
>remediation design and retrofitting because of our previous role.  We disagree
>with their opinion, and cannot think of another case where this position has
>been used to, in effect, exclude the design professional from providing further
>services on a project on which they previously provided an earlier evaluation.
>
>We are interested in finding specific examples where engineers, working for a
>local municipality, have done a preliminary seismic evaluation and then have
>gone on to eventually design the actual remediation.  Likewise, we are
interested
>in finding out if anyone else has been excluded from further work after
doing an
>earlier evaluation.  Anyone out there who can provide us with examples of
either
>case?
>
>
>
>
Is the municpality paying for the preliminary work as well as the full
retrofit? If so, how could this be a conflict of interest if both the
preliminary and full design are bid independently. I have done the retrofit
of all of the buildings in the city of Glendora. The contracts were issued
from the municipality for inspection and separately for design. Durring the
design of these buildings, one structure was burned out and being rebuilt by
a private party who also hired me to design his building for the retrofit
and tenant improvement. Never was there a conflict of interest suggested in
any of this.

I live in a city - La Quinta California that has hired an engineering office
to contract plan check to. The contracted office sub-contracted to me to
plan check URM buildings in La Quinta. I also design structures in La
Quinta. There is no conflict since I will not be plan checking my own work.
It can be assumed, though, that since I was sub-contracted by the company
with the PC contract and since they will be plan checking my work - a
conflict of interest does apply. The city has not considered this a problem
nor have they refused to use my services.

Hope this helps.
Dennis Wish PE