September 29, 1988
Mr. Bill Merriman
Vice President
Sletten Construction Company
P.O. Box 2467
Great Falls, MT 59403
| Subject: | Broadwater Power Project Contract 1189-2 |
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Seven (7) Day Notice to Correct Deficiency Construction Electricity Cofferdam Dewatering |
References:
This is your seven (7) day notice to correct the deficiencies in Sletten's dewatering program in accordance with GC Article 13.14. Section 02200 3.3 A2 and 6, require Sletten to provide a reliable system. Continuing flooding of the Powerhouse reported by Sletten shows it has failed to perform this requirement, despite Notice from the Engineer that Sletten so perform.
The Engineer finds that Sletten's Construction Electricity does not conform to the contract requirement (Section 01510 1.3 C and 2.2 A) and that this defect is causing the failure of the dewatering system. Discussions with Sletten, and its persistent failure to perform the work, establish that Sletten is unwilling and/or unable to comply with this much of its agreement (see ref d line 3801).
The State intends to remedy this situation following seven (7) days from this Notice, if Sletten has not corrected the problem by the expiration of that period, all as provided in GC Article 13.14. The State is forced to proceed at this time because the Voith contract work is scheduled to commence October 17, 1988. Voith's work is significantly more susceptible to injury in the event of flooding than the work now underway.
The State estimates the total expense can exceed $20,000 based upon Sletten's estimate (ref d). Sletten is directed to cooperate with the State in order to mitigate the damage that will result from this step. The State has requested the Engineer to prepare a Change Order for an appropriate decrease in the Contract price, if it is required to proceed with the corrections described herein. The Engineer believes at this time based upon information and advice that Sletten would be responsible for damage to Voith equipment in the event of flooding, and that the State's action is justified to mitigate damage to both Sletten and an important public improvement. Therefore the Engineer would intend to approve such Change Order.
Sletten may correct the defective work or offer grounds for the Engineer to dispute the State's entitlement to payment of its costs from Sletten's contract in the manner cited.
This notice is being sent via FAX to establish the beginning date of the seven (7) day notice period.
Very truly yours,
Tudor Engineering Company
Jeffery S. Ghilardi
Resident Engineer