THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net


S U M M A R Y


DIARY: September 7, 1988 01:00 PM .......; Rod Welch

Progress meeting BPP with Sletten and Voith.

1...Summary/Objective
2...Contractor Tape Records Meetings to Ensure Accuracy
3...Bill feels Sletten's position is incorrectly represented in the record
4...Engineer Accepts Contractor's Proposed Notice Procedures
5...Purpose of Meeting Notes, Differences from "Minutes"
6...People need to know in a timely manner understandings drawn from
7...The Engineer must provide adequate narrative to convey important
8...Issuing separate letters is too burdensome for expeditious management.
9...Managers often do not have enough time for preparing, managing and
10...Sletten Objects to Gracon using Access Route to Spillway
11...Updated Schedule Draft Will Be Ready for Review Tomorrow
12...DTL Pour Delayed to Meet Voith Alignment Specs
13...Concrete Pour Specs Affirmed; May Be Adjusted Based on Experience
14...Water spraying Embedded Equipment during Concreting
15...Vibrating concrete around Voith Equipment
16...Voith Start Date Changed to 881015 by Sletten Delayed Concrete Pour
.....Sletten Clarifies Voith will have "Area" to Begin Work
.....Structure Backfill Needed to Permit Voith Installing Equip
.....Crane Pad for Voith Equip Installation Needs Backfilling
17...Voith Delayed Start
18...Voith Completed Corrective Work on DTL Damaged by Sletten
19...Production welding Mostly Completed
20...Welding Procedures Mud lugs Accepted by Voith
21...Welding Rebar to Mud lugs Approved
22...Engineer's Decision on DTL Tolerance Issue Submitted to Sletten
23...Engineer Advises on Geotextile Wrap for Drain System
24...Pit Pier Pipe Chase Information on Sletten's Change Request
25...Sletten Requests Consideration of Backfill Claim Pay Item #24


..............
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CONTACTS 
0201 - O-0395 0201 Department of Natural
020101 - Mr. Wayne Wetzel, Project Manager
020102 - Mr. Norman Barnard, Hydropower Engineer
0202 - O-0389 0101 Tudor Engineering Compa
020201 - Mr. Jeff Ghilardi, Resident Engineer
020202 - Mr. Rod Welch, Office Engineer
0203 - O-0392 0103 Sletten Construction
020301 - Mr. Bill Merriman, Vice President
020302 - Mr. Paul Robinson, Project Coordinator
020303 - Mr. Kieth Fergeson, Superintendent
020304 - Mr. Dave Marsh, Field Project Coordinator
020305 - Broadwater Power Project
0204 - O-0394 0301 Voith Hydro, Inc.
020401 - Mr. Kenneth L. Carlson, Field Representative,
0205 - O-0396 0201 Project Planners
020501 - Mr. Terry L. Wyrick,
0206 -

SUBJECTS
Weekly Schedule, & Progress Meeting
Welch Assignment

0604 -
0604 -    ..
0605 - Summary/Objective
0606 -
060601 - Follow up ref SDS 3 0000.
060602 -
060603 - Bill Merriman initially asked about Rod Welch's position on the
060604 - project.  He observed that notes for the meeting on 880831,
060605 - ref SDS 3 0001, show a title for all of the attendees except Welch.
060607 -  ..
060608 - Rod Welch explained his assignment is to help the Resident Engineer
060609 - with communication, and this includes analysis of disputes for timely
060610 - resolution, per meeting with Tudor on 880815. ref SDS 1 0770
060612 -  ..
060613 - Jeff indicated Rod is an "Office Engineer."
060614 -
060615 -     [On 881005 Mr. Bob Sletten asked about Welch background.
060616 -     ref SDS 11 LG3L
060617 -
060618 -     [On 881102 Sletten staff and counsel make further inquires about
060619 -     Welch background. ref SDS 13 WC8L
060620 -
060621 -
060622 -
060623 -
060624 -
060625 -
060626 -
0607 -

SUBJECTS
Tape Record Meetings Demand Broadwater Dam Hydroelectric Project Mon

3203 -
320401 -  ..
320402 - Contractor Tape Records Meetings to Ensure Accuracy
320403 -
320404 - Bill Merriman said that Sletten wishes to tape record the meeting, and
320405 - furnish a typed transcript to supplement the record prepared by the
320406 - Engineer.
320407 -
320408 - This was accepted by the Engineer and the meeting was tape recorded.
320410 -         ..
320411 -        [On 880922 Sletten discontinued tape recordings, ref SDS 7
320412 -        8538, also on 880928 ref SDS 9 9330, and analysis 880925
320413 -        ref SDS 8 7742
320414 -
320416 -  ..
320417 - Bill feels Sletten's position is incorrectly represented in the record
320418 - for meetings held on August 24 and 31, 1988.  He cited "corrections"
320419 - Sletten filed, ref 5, to the August 24 meeting. ref SDS 2 8366
320420 -
320421 -        [On 881003 DNRC counsel Sarah Bond reported having listened to
320422 -        a tape recording Sletten made for the meeting, and Sarah found
320423 -        the SDS record accurately represented what was on the tape.
320424 -        ref SDS 10 6M6F
320426 -  ..
320427 - Below, Bill makes a correction on why Sletten did not install spider
320428 - bracing to assemble the DTL. ref SDS 0 526J
320429 -
320430 -
320432 -  ..
320433 - Engineer Accepts Contractor's Proposed Notice Procedures
320434 -
320435 - Bill said that Sletten will assume the Engineer accepts its
320436 - corrections, unless the Engineer notifies Sletten to the contrary.
320437 -
320438 - The Engineer accepted this procedure.
320440 -  ..
320441 - Wayne Wetzel said he feels Sletten's "remarks" in its letter to the
320442 - Engineer dated 880902, (ref 5) are incorrect in construing contract
320443 - requirements.  He will submit comments on the Engineer's meeting notes
320444 - and on Sletten's 880902 letter.
320446 -  ..
320447 - Jeff advised that everyone who attends the meeting should submit any
320448 - corrections and additions needed to ensure an accurate, useful record.
320449 -
320451 -  ..
320452 - Purpose of Meeting Notes, Differences from "Minutes"
320453 -
320454 - Bill Merriman contended that meeting Notes should comply with the
320455 - standard offered in Sletten's "corrections" (ref 5)  which states:
320456 -
320457 -   "...meeting minutes should be a true and accurate recording of
320458 -   statements made during the meeting as possible. [sic] Interjections
320459 -   of opinion are not acceptable.  Self serving determinations, opin-
320460 -   ions, and positions, if not actually made during the meeting, would
320461 -   better be transmitted under separate cover when those determina-
320462 -   tions, opinions and positions are a result of the meeting and the
320463 -   ensuing discussions."
320465 -  ..
320466 - Rod Welch explained that Sletten's proposed standard for professional
320467 - records of businsss meetings reflects the aim of SDS to advance the
320468 - interests of all the parties involved in the work.
320469 -
320471 -  ..
320472 - People need to know in a timely manner understandings drawn from
320473 - meetings and action items for saving time and money based on
320474 - correlations, implications and nuance in relation to objectives,
320475 - requirements and commitments, as a result of what transpired during
320476 - meetings and other communications.
320478 -  ..
320479 - A typical meeting, can involve some 50 - 200 or so different subjects
320480 - (e.g. ref 3 and 4).
320481 -
320482 -      [On 880907 reviewed with DNRC rep Wayne Wetzel. ref SDS 4 6927
320484 -       ..
320485 -      [On 880908 reviewed with Tudor Project Engineer Jeff Ghilardi.
320486 -      ref SDS 5 4920]
320488 -       ..
320489 -      [On 971008 USACE determined cost savings using SDS to track
320490 -      actual subjects that increases span of attention and reduces
320491 -      rework to correct mistakes caused my managers using conventional
320492 -      meeting methods. ref SDS 15 1273]
320493 -
320495 -  ..
320496 - The Engineer must provide adequate narrative to convey important
320497 - understandings from discursive dialog and gestures, based on project
320498 - history and contract requirements.  Otherwise there is no purpose in
320499 - meeting.
320500 -
320501 -      [On 970624 DE San Francisco District Corps of Engineers cited
320502 -      tension between need for accuracy and providing a useful record
320503 -      that makes sense of half-sentences, nods, and discursive dialog.
320504 -      ref SDS 14 4695]
320506 -  ..
320507 - Issuing separate letters is too burdensome for expeditious management.
320508 - Such fragmentation causes confusion from proliferation of documents
320509 - with attendant increased costs of production, storage, handling and
320510 - research.
320511 -
320513 -  ..
320514 - Managers often do not have enough time for preparing, managing and
320515 - researching multiple docuements, and so meetings and the record that
320516 - follows must enable timely, economical communication so work can
320517 - meet requirements for quality, cost, and schedule.
320519 -  ..
320520 - This, and the preceeding paragraph illustrate the point.  No doubt the
320521 - language shown was not expressly stated at the meeting, yet its
320522 - substance was presented.  What benefit is gained by placing "exactly"
320523 - what is said in one place (half-finished sentences, nods, rambling
320524 - dialog interposed on different subjects in a sentence, contrary to
320525 - project organization structures) and placing its significance in
320526 - another, particularly in an environment where time is of the essence?
320527 -
320528 -     [On 880908 briefed Project Engineer on communication practices
320529 -     implementing notice requirements to expedite the work, and save
320530 -     time, and money. ref SDS 6 4920
320532 -  ..
320533 - Of course it is harmful to falsely attribute agreement or acquiescence
320534 - where none occurred.  It is improper to misrepresent and inaccurately
320535 - characterize comments of those attending a meeting  as charged by
320536 - Sletten, ref 5.  The harm is compounded where there is delay in
320537 - distributing the record to obtain feedback.
320539 -  ..
320540 - Protection from these potential abuses arises in several ways.
320541 -
320542 -   • Feedback is vital to ensure an accurate record.  Many people
320543 -     attend meetings.  Perceived errors in any communication must be
320544 -     immediatly submitted for review and incorporation into the project
320545 -     record in order to provide timely notice for everyone.
320546 -
320547 -        [On 881005 Sletten planned to submit corrections to the record.
320548 -        ref SDS 12 0001]
320550 -         ..
320551 -        [On 881102 Sletten claimed harm from unspecified errors in the
320552 -        project SDS records, but failed to submit corrections.
320553 -        ref SDS 13 0899]
320555 -      ..
320556 -   • If unreasonable delay in distributing the record results in work
320557 -     being performed that conflicts with understandings, then the party
320558 -     responsible for the delay should be accountable for any extra cost
320559 -     that might have otherwise been avoided, provided the conduct is
320560 -     appropriate based on the record that was available at the time.
320562 -      ..
320563 -   • Sletten's tape recordings offer complete protection against false
320564 -     and improper meeting Notes.
320565 -
320567 -  ..
320568 - These protections, incorporating procedures requested by Sletten and
320569 - accepted by the Engineer, together with the demands of the Project for
320570 - efficient and timely flow of information, permit use of meeting notes
320571 - for thorough and uniform communication of understandings, intent and
320572 - actions to carry on the work.
320573 -
320574 -
3206 -
3208 - 3K5Y
3209 - Correspondence Procedures
3210 -
321001 - Rod Welch suggested that Sletten apply the same procedure for
321002 - numbering letters issued from its Field office that is used by the
321003 - Main office in Great Falls, provided it is not overly burdensome.
321005 -  ..
321006 - Bill Merriman said it would be an added burden.  He pointed out that
321007 - Sletten only adopted the procedure of numbering documents in order to
321008 - satisfy a request by the Engineer earlier in the job.  Jeff explain-
321009 - ed the problem of getting several letters with the same date some with
321010 - a document number and others without one  such that referring to a
321011 - document by date causes confusion.
321013 -  ..
321014 - After some discussion, Sletten agreed to use "F" numbers for
321015 - documents prepared in the Field office to distinguish them from the
321016 - "L" numbers already in use by the Great Falls office.
321017 -
321018 -
3211 -

SUBJECTS
Coordination with
Gracon Contract

3304 -
3305 - Gracon Access across
330601 -  ..
330602 - Sletten Objects to Gracon using Access Route to Spillway
330603 -
330604 - Jeff asked whether the State could compensate or otherwise indemnify
330605 - Sletten sufficiently to meet the objections for providing access to
330606 - the Gracon contract?
330608 -  ..
330609 - Bill Merriman explained an example of another project where Sletten
330610 - feels it was incorrectly held liable for workmens compensation damages
330611 - growing out of an incident caused by another contractor.  Bill
330612 - indicated that Sletten's insurance rates were raised as a result of
330613 - damages paid by its surety, even though Sletten was not at fault, and
330614 - this reduces Sletten's competitive position in the market.
330616 -  ..
330617 - Sletten believes the proposed access to Gracon through its project
330618 - area holds a comparable risk of harming Sletten.
330620 -  ..
330621 - Rod Welch asked how such risk was considered in bidding relative to
330622 - the contract requirement to provide access to other contractors and
330623 - how Sletten intended to meet this concern for the various
330624 - organizations presently using the access.
330626 -  ..
330627 - Bill explained that the proposed access for Gracon at issue here was
330628 - not disclosed in the plans used for bidding.
330630 -  ..
330631 - The Engineer will review this matter and issue a determination.
330632 -
330633 -
330634 -
330635 -
3307 -

SUBJECTS
Schedule
Time Extensions

3604 -
360501 -  ..
360502 - Updated Schedule Draft Will Be Ready for Review Tomorrow
360503 -
360504 - Sletten has hired Terry L. Wyrick (see line 0206) to prepare an
360505 - updated schedule.
360507 -  ..
360508 - Terry expects to have a first draft completed by tomorrow.
360509 -
360511 -  ..
360512 - DTL Pour Delayed to Meet Voith Alignment Specs
360513 -
360514 - The DTL embedment which was expected to be poured by Friday of last
360515 - week, has been delayed due to longer than expected alignment
360516 - operations by Voith.  Sletten expects to pour this Saturday, 880910.
360518 -  ..
360519 - This depends on Voith completing the installation of an "Embedment
360520 - Fixture" by Friday, 880909.  Ken feels this can be done.
360522 -  ..
360523 - During the meeting Ken explained that he needed crane time from
360524 - Sletten to set the equipment in the structure this afternoon.
360526 -  ..
360527 - Keith left the meeting and made immediate arrangements to do this.
360528 - ..
360529 - He asked Voith to provide more notice on Voith's crane use
360530 - requirements.
360532 -  ..
360533 - Ken agreed to this.  Ken left the meeting to organize his work force
360534 - to perform the work.
360535 -
360536 -
360537 -
3606 -

SUBJECTS
Concrete Pour
Equipment Embedment

3704 -
370501 -  ..
370502 - Concrete Pour Specs Affirmed; May Be Adjusted Based on Experience
370503 -
370504 - The pour rates shown in the Notes of the 880831 meeting, were
370505 - affirmed. ref SDS 3 9402
370506 -
370507 - Performance will be monitored on the first pour to evaluate and decide
370508 - adjustments on subsequent pours.
370510 -  ..
370511 - Jeff will issue a revised written procedure on this matter.
370512 -
370513 -
370515 -  ..
370516 - Water spraying Embedded Equipment during Concreting
370517 -
370518 - This requirement was affirmed as shown in the Notes of 880831
370519 - meeting. ref SDS 3 2280
370520 -
370521 - Sletten will arrange to perform this work.  It may turn out to be
370522 - unnecessary if the DTL does not "overheat."
370524 -  ..
370525 - Jeff said this will be determined during the pour.
370527 -  ..
370528 - It was agreed that this information satisfies Sletten's request on
370529 - this matter in its letter L205, item (3).
370530 -
370531 -
370533 -  ..
370534 - Vibrating concrete around Voith Equipment
370535 -
370536 - The contractor can vibrate concrete between the rows of mudlugs.
370537 -
370538 - Vibrator operations should stay 1 foot away from mudlugs, from the
370539 - Draft Tube Liner itself, and from any rebar attached to either the
370540 - mudlegs or the DTL.
370541 -
370542 -
370543 -
370544 -
3706 -

SUBJECTS
Schedule
Voith Contract
Coordination

3905 -
390601 -  ..
390602 - Voith Start Date Changed to 881015 by Sletten Delayed Concrete Pour
390603 -
390604 - Bill Merriman advised that in light of delayed concrete pour for the
390605 - DTL work, discussed above, ref SDS 0 6174, the 881003 date set at the
390606 - progress meeting last week on 880831, ref SDS 3 6829, cannot be met.
390607 - It now appears that 881015 is a more likely date when Voith can begin,
390608 - for the following reasons...
390609 -
390611 -      ..
390612 -     Sletten Clarifies Voith will have "Area" to Begin Work
390613 -     Structure Backfill Needed to Permit Voith Installing Equip
390614 -
390615 -     Bill explained his intent last week was to indicate that Sletten's
390616 -     interior concrete work would have progressed sufficiently to
390617 -     provide an "area" for the Voith contract operations to begin; but
390618 -     he did not intend to convey that the backfill would be completed
390619 -     in sufficient amount to provide an adequate crane staging area
390620 -     which is needed to support Voith's work.
390621 -
390623 -      ..
390624 -     Crane Pad for Voith Equip Installation Needs Backfilling
390625 -
390626 -     Bill asked whether Sletten would be permitted to backfill to
390627 -     elevation 3940 before the structural slab at elev 3950 is
390628 -     completed?
390629 -
390630 -     Jeff indicated this is acceptable provided the concrete strength
390631 -     is 4000 psi; with an accelerator, this should be achieved in 3
390632 -     days.
390634 -      ..
390635 -     Bill said that based on this criteria, Sletten can complete the
390636 -     backfill to elevation 3940 by 881015, allowing for a 5 day cure on
390637 -     the walls.
390638 -
390640 -  ..
390641 - Voith Delayed Start
390642 -
390643 - Jeff advised that Voith may wish to delay starting work for its own
390644 - convenience.
390645 -
390646 - Bill Merriman suggested that the Engineer discuss with Voith the
390647 - possibility of delaying the start of its contract work until the end
390648 - of October.  This would permit Sletten to reduce its cost of
390649 - acceleration which Sletten expects to recoup through claims from the
390650 - State.
390652 -  ..
390653 - Jeff explained that since Voith must complete by a fixed date, it
390654 - would have to incur acceleration cost in the Field operations if it
390655 - delayed the start date.  So, the issue for Voith is whether any extra
390656 - expense it may incur to meet the contract start date, is greater than
390657 - the acceleration costs resulting from a delayed start.
390659 -  ..
390660 - Additionally, Voith may already be too committed to revise its
390661 - manufacturing operations to benefit from a relaxed start date.
390663 -  ..
390664 - Bill Merriman recommended that despite these uncertainties the
390665 - Engineer should pursue these inquiries in light of the potential to
390666 - reduce Sletten's acceleration claim.
390668 -  ..
390669 - Jeff will do this, but wants to review Sletten's updated Schedule
390670 - being prepared by Terry, ref SDS 0 8205, in order to assess the
390671 - viability of completion dates discussed at the meeting today.
390673 -  ..
390674 - Since Sletten will have a draft ready for review tomorrow, Jeff can
390675 - use it to evaluate this coordination.
390677 -  ..
390678 - Jeff will then contact Voith about Bill's suggestion.
390679 -
390680 -
390681 -
390682 -
390683 -
390684 -
3907 -

SUBJECTS
Draft Tube Liner Constrction

4303 -
430401 -  ..
430402 - Voith Completed Corrective Work on DTL Damaged by Sletten
430403 -
430404 - Alignment work is completed today.
430405 -
430406 - Sletten to hire a surveyor to survey the DTL prior to the pour on
430407 - Saturday in order to establish the final alignment valuations
430408 - achieved by Voith.
430410 -  ..
430411 - They expect to do this on Friday, 880909.
430412 -
430413 -
430415 -  ..
430416 - Production welding Mostly Completed
430417 -
430418 - Sletten must do the 1" x 3/16" weld on the mud lugs noted below.
430420 -  ..
430421 - Welding Procedures Mud lugs Accepted by Voith
430422 -
430423 - Jeff advised Voith has accepted following alternate procedures:
430424 -
430425 -   Weld one side with 1/2" fillet.
430426 -
430427 -   Weld the other side with 1" long x 3/16" fillet.
430428 -
430429 - ..
430430 - It was agreed this information satisfied Sletten's request
430431 - pertaining to this matter in its letter L205, item (1).
430432 -
430433 -
430435 -  ..
430436 - Welding Rebar to Mud lugs Approved
430437 -
430438 - Jeff advised the Contractor may do this.
430439 -
430440 - It was agreed this information satisfied Sletten's request
430441 - pertaining to this matter in its letter L205, item (2).
430442 -
430443 -
430444 -
430445 -
430446 -
4305 -

SUBJECTS
Draft Tube Liner Dispute

4903 -
490401 -  ..
490402 - Engineer's Decision on DTL Tolerance Issue Submitted to Sletten
490403 -
490404 - Bill said today that he did not make the statement on why Sletten did
490405 - not install spider bracing to assemble the DTL, as reported in the
490406 - record on 880824. ref SDS 2 9904
490408 -  ..
490409 - As a result, he was asked today why Sletten did not install bracing on
490410 - the DTL pipe?
490412 -  ..
490413 - Bill advised that the DTL was assembled in the manner Sletten believed
490414 - was appropriate and they believed that bracing was not needed.
490416 -  ..
490417 - Since this explanation appears to substantially align with prior
490418 - understandings from the meeting on 880824, ref SDS 2 9904, the
490419 - Engineer's decision based on the prior understanding was unchanged.
490421 -  ..
490422 - Therefore, at the conclusion of the meeting today, the Engineer's
490423 - decision, ref OF 8 0001, on this matter was given to Sletten,
490424 - responding to Sletten's request for determination in its letter L205,
490425 - item (4).
490426 -
490427 -
490428 -
490429 -
490430 -
490431 -
4905 -

SUBJECTS
Submittals
8" Drain Pipe System
Geotextile Wrap

5005 -
500601 -  ..
500602 - Engineer Advises on Geotextile Wrap for Drain System
500603 -
500604 - Discussed Sletten's letter L203, ref 9, asking for a decision on
500605 - "perameter dimensions for the Geotextile wrap at the 8" drainage pipe
500606 - system."
500608 -  ..
500609 - Jeff advised a discussion took place some time ago with Doug Stratton
500610 - in which he indicated that the dimensions sought by Sletten are not
500611 - "critical" and therefore Sletten may order the material based upon
500612 - availability.
500614 -  ..
500615 - It was agreed this information satisfied Sletten's request pertaining
500616 - to this matter in its letter L203, ref 9.
500617 -
500618 -
5007 -

SUBJECTS
Welding Payment Claim
Pay Item 34

5104 -
510501 -  ..
510502 - Pit Pier Pipe Chase Information on Sletten's Change Request
510503 -
510504 - Discussed Sletten's letter L207, ref 10, asking for a decision on
510505 - Sletten's claim for "...$7,632.00 and the addition of 2 days to the
510506 - contract" to perform field welding on the pipe chase on the grounds
510507 - that it was intended to be shop welded by others.
510509 -  ..
510510 - Jeff explained that he approved payment to Sletten for welding this
510511 - item under pay item 34.  Therefore, there is no basis for extra
510512 - payment.  He further explained that the quantity for welding in
510513 - connection with this matter is actually unchanged, because the portion
510514 - that was added was offset by a corresponding reduction on the same
510515 - work item, reflecting a design adjustment.
510517 -  ..
510518 - Paul asked whether Jeff has prepared a breakdown showing how the total
510519 - quantity of welding under this item was determined so Sletten can
510520 - verify the Engineer's position.  Jeff indicated he has done this and
510521 - will make the calculations available to Sletten.
510523 -  ..
510524 - Paul explained Sletten's position that this work should be compensated
510525 - as extra work rather than pay item 34.  One of the grounds he cited is
510526 - that the character of this work is inherently more difficult than the
510527 - welding that was eliminated.
510529 -  ..
510530 - Jeff agreed the Engineer should consider a claim on this basis.
510532 -  ..
510533 - Sletten will submit its calculations showing the increase in cost of
510534 - performance attributable to increased difficulty.
510535 -
510536 -
510537 -
5106 -

SUBJECTS
Backfill Concrete
Pay Item #24

5204 -
520501 -  ..
520502 - Sletten Requests Consideration of Backfill Claim Pay Item #24
520503 -
520504 - Bill Merriman asked the Engineer to reconsider its position on this
520505 - matter, as discussed in the 880831 meeting. ref SDS 3 0027
520507 -  ..
520508 - Jeff explained that the contract call for payment to the plan line
520509 - shown in the plans, and any changes approved by the Engineer, rather
520510 - than to the actual excavation line, and further that this pay item was
520511 - intended to apply to a particular location on the site where it was
520512 - expected that unsuitable material would have to be removed; but, since
520513 - this turned out not to be necessary, then there is no basis for any
520514 - additional payment.
520516 -  ..
520517 - Bill asked how the Engineer determines the Backfill Concrete pay item
520518 - was intended solely for this purpose?
520520 -  ..
520521 - Jeff noted the quantity computed from the dimensions shown on the
520522 - plans for the anticipated unsuitable material area is comparable to
520523 - the quantity shown for pay item 24.
520525 -  ..
520526 - Bill indicated that Sletten did not recognize that relationship in
520527 - bidding the job.  He noted there is no language or other comment that
520528 - alerted Sletten to this intent and so it did not draw the conclusion
520529 - in submitting its bid, that the Engineer apparently intended to
520530 - convey.
520532 -  ..
520533 - He feels that since Sletten's interpretation is reasonable, the
520534 - Engineer should permit payment for Backfill Concrete.
520536 -  ..
520537 - Jeff pointed out that Sletten has excavated beyond the plan lines to a
520538 - degree not warranted by conditions of the work.
520540 -  ..
520541 - Rod Welch asked what would protect the owner from negligent or
520542 - deliberate overexcavation by the contractor under Sletten's standard
520543 - of bidding interpretation?
520545 -  ..
520546 - Bill indicated Sletten will review this matter further and submit more
520547 - information to assist the Engineer in making an equitable
520548 - determination.
520550 -  ..
520551 - Jeff agreed that the Engineer will accept additional information from
520552 - Sletten to support its position, so that the matter can be resolved in
520553 - a manner that is fair to both the State and Sletten.
520554 -
520555 -
520556 -
520557 -
520558 -
520559 -
520560 -
520561 -
520562 -
520563 -
520564 -
520565 -
520566 -
5206 -
Distribution. . . . See "CONTACTS"