willful misconduct means any act or failure to act (whether sole, joint or concurrent) by a party which was intended to cause, or which was in reckless disregard of, or wanton indifference to, harmful consequences that such party knew, or should have known, such act or failure would have had on the safety or property of another person or entity but shall not include any error or judgment or mistake made by such party in the exercise of good faith of any function, authority or discretion conferred on such party under this contract