CONTACTS 
0201 - O-0394 0301 Voith Hydro, Inc.
020101 - Mr. Kenneth L. Carlson, Field Representative, =406 266 3275
0202 - O-0392 0302 Sletten Construction
020201 - Mr. David Marsh, Project Coordinator

SUBJECTS
Office Management
Computer Support on Site

0604 -
0604 -    ..
0605 - Summary/Objective
0606 -
060601 - Follow up
060602 -
060603 - Noticed the propane valve is showing a reading below 20.  The Vendor
060604 - suggested he be called to charge the tank when 20% is showing on the
060605 - tank.
060607 -  ..
060608 - Called Petrolane
060609 - 406 266 3815
060611 -  ..
060612 - Left message to have propane tank filled.
060613 -
060614 -
060615 -
060616 -
0607 -

SUBJECTS
Curb Ring Tolerance
Defects

1204 -
120501 -  ..
120502 - Analysis of Defects in Alignment of Generator Curb Ring
120503 -
120504 - Met with Voith's superintendant, Ken Carlson, and one of his lead
120505 - mechanics, Ron Rayome.  Ken said he checked the curb ring prior to
120506 - forming and found that it was within specified tolerance.  He recalls
120507 - there was a check sheet prepared showing dimensions that establish
120508 - this fact.
120510 -  ..
120511 - As the manufacturer's onsite consultant, specified in the contract,
120512 - Ken informed the contractor (Sletten) that it should not wedge forms
120513 - against the Curb ring; Ken, further recalled this restraint is set out
120514 - in written instructions furnished to Sletten.  Ken also recalls that
120515 - during a meeting on installation, David Marsh noted that Sletten would
120516 - not connect forms to the Curb ring, because this could result in
120517 - movement that would cause misalignment of very fine tolerances
120518 - specified for this work.
120520 -  ..
120521 - Ken said that during forming operations he observed Sletten workmen
120522 - wedging forms against the Curb ring contrary to standard practice and
120523 - the record of express notice cited above.  He informed the Contractor
120524 - and took photographs.  Ken's mechanic, Ron Rayome, (who was present
120525 - during the discussion this morning) said he recently asked a Sletten
120526 - mechanic whether Sletten checked the alignment of the Curb Ring during
120527 - or after the forming operation.  Ron said he was told Sletten checked
120528 - alignment when the Curb Ring was half formed and it appeared to be
120529 - okay.  It was not thereafter checked by Sletten until after the
120530 - concrete pour was completed several weeks later.  Sletten then delayed
120531 - disclosing the valuations for another several weeks.
120533 -  ..
120534 - This record indicates that data is problematic in this case.  Each
120535 - side has taken measurements, and in some cases they have become mixed
120536 - up and misplaced, concerning conditions before and after the concrete
120537 - pour, which is critical for understanding the cause of misalignment at
120538 - this time.
120540 -  ..
120541 - Solutions...
120543 -  ..
120544 - Ken advised that Voith may be able to avoid extensive corrective
120545 - machining of the Gate Assembly unit by applying a shim to take up
120546 - the tolerance deviations.  This option is under consideration by
120547 - Voith.
120548 -
120549 -
120551 -  ..
1206 -
1207 - Discussion with David Marsh
1208 -
120801 - Dave is Sletten's Office Engineer who supervised much of the
120802 - installation on the Curb Ring.  He has been off the job for several
120803 - weeks, but was here today as a result of Curb Ring matters.
120805 -  ..
120806 - I went down into the Powerhouse to investigate the work and met David
120807 - Marsh who was just completing some measurements on the Curb Ring.
120808 - David asked about Voith's concerns, incidating he is aware of the
120809 - problem Ken just described.
120811 -  ..
120812 - I explained the general understanding that the piece is not within
120813 - tolerance.
120815 -  ..
120816 - David asked to meet with Voith (Ken) to discuss the situation.
120818 -  ..
120819 - We went to Voith's field office and spoke briefly to Ken.
120820 -
120821 -
120823 -  ..
120824 - Pit Pier out of alignment
120825 -
120826 - David advised Ken that he (David) found in taking measurements this
120827 - morning that the Pit Pier is somewhat out of alignment.  Therefore,
120828 - David believes deviations in Curb Ring alignment are less severe than
120829 - if the Pit Pier were within alignment.
120831 -  ..
120832 - Ken said he is unaware of the Pit Pier valuations David cited.
120834 -  ..
120835 - I suggested that we wait to hold further discussions when Jeff
120836 - (Tudor's project engineer) is available in about half an hour.
120838 -  ..
120839 - After David left, I asked Ron Rayome about the condition of the Pit
120840 - Pier.
120842 -  ..
120843 - Ron said he measured the Pit Pier within the past few days and found
120844 - that it is within specified tolerance.
120845 -
120846 -
120848 -  ..
1209 -
1210 - Meeting with Jeff, Ken Carlson, and David Marsh
1211 -
121101 - Jeff gave Dave a copy of Voith's measurements on the Curb Ring.
121102 - These were previously FAXed to Paul Robinson at Sletten in Great
121103 - Falls.
121105 -  ..
121106 - Initially, Dave pointed out that the Curb Ring was installed
121107 - relative to the Pit Pier.
121109 -  ..
121110 - Jeff disputed this, but Ken agreed with Dave that Pit Pier alignment
121111 - is an appropriate criteria for establishing the installed tolerance of
121112 - the Curb Ring.  This criteria was then accepted by Jeff.
121114 -  ..
121115 - Dave maintained that the Pit Pier is out of alignment based upon
121116 - measurements he took this morning, and therefore the Curb Ring
121117 - alignment is less defective than contended by Voith.  Dave
121118 - acknowledged the measurements procedure he used was "very rough" but
121119 - he believes it is an adequate indication that the the Pit Pier is out
121120 - of alignment.  Ken disagreed; he cited as-built measurements
121121 - previously submitted by Sletten showing the Pit Pier is installed
121122 - within specified tolerance.  Upon examination of these documents
121123 - offered by Jeff during the meeting, David accepted that the Pit Pier
121124 - was originally installed within specified tolerance.  He pointed out
121125 - that temperature changes may have caused the Pit Pier measurements to
121126 - change from when the record valuations were taken.  He believes the
121127 - temperature at the time the Pit Pier record measurements were taken
121128 - was approximately 75 degrees, whereas it is about 32 degrees today.
121129 -
121130 -
121132 -  ..
121133 - Equipment Fixture
121134 -
121135 - Dave explained that the "Equipment Fixture," installed to facilitate
121136 - installation of the Curb Ring, covered the top portion of the Curb
121137 - Ring when final pre-forming measurements were taken and so
121138 - measurements could not be taken directly overhead where major
121139 - deviations now seem to exist. Ken pointed out that Voith's
121140 - measurements and Sletten's measurements both indicate the Curb Ring is
121141 - out of tolerance on either side of where the "Fixture" was attached to
121142 - the Curb Ring. Dave also mentioned difficulty in achieving specified
121143 - tolerance on the Curb Ring due to Equipment Fixture. There was general
121144 - agreement that the bottom bolting of Equipment Fixture to Pier barrel
121145 - had to be loosened in order to accomplish acceptable tolerance on the
121146 - Curb Ring prior to forming.
121147 -
121148 -
121150 -  ..
121151 - Temperature
121152 -
121153 - There was agreement that the Curb Ring was within acceptable tolerance
121154 - prior to commencement of formwork by Sletten and that the readings
121155 - obtained by both Sletten and Voith show different values after the
121156 - Curb Ring encasement was poured.  David believes these differences are
121157 - attributable to temperature changes between the measurement dates.
121158 - Ken disagrees.  He believes any impact of temperature changes would be
121159 - generally uniform such that the relationship between the Pit Pier and
121160 - the Curb Ring should be remain constant.
121161 -
121163 -  ..
121164 - Disagreement
121165 - Date of Accepted Measurements
121166 -
121167 - Dave believes the tolerance measurements for the Curb Ring accepted by
121168 - the Engineer and Voith, were derived after the first 6' lift of forms
121169 - was in place.  Ken and Jeff do not recall that forms were in place.
121170 - The significance appears to relate to the effect of the forming
121171 - operation on tolerance changes.  If the measurements were taken after
121172 - forming, then there is no basis to believe that the forming operation
121173 - itself caused the tolerance deviations.
121175 -  ..
121176 - Jeff brought out the Voith check sheet prepared by Sletten and
121177 - approved by Jeff and Ken showing Curb Ring tolerances.  The document
121178 - has some sketches attached which Dave believes indicate the
121179 - measurements were taken after the first 6' lift of forms.  The Voith
121180 - check sheet however, contains a hand written note that states the
121181 - values were obtained prior to any forming.
121182 -
121183 -
121184 -
121186 -  ..
121187 - Formwork Procedures
121188 -
121189 - Dave explained that he gave instructions to Sletten's crew to avoid
121190 - connecting formwork to the Curb Ring pursuant to recommendations by
121191 - the Engineer and Voith.  He recalled discussions with the Engineer
121192 - (Jeff) in which he recognized the importance of not connecting
121193 - formwork to the Curb Ring.  Dave sketched a detail showing methods
121194 - used by Sletten to form the encasement pour in which wedges were
121195 - applied to move the formwork into final alignment.  Dave advised this
121196 - procedure could not have caused the Curb Ring to change alignment
121197 - because the degree of force applied to the Curb Ring was minimal.  He
121198 - recalled that after alignment was achieved  a heavy timber was wedged
121199 - against the Powerhouse wall and nailed into the formwork whaler to
121200 - provide support and isolate the formwork from the Curb Ring.  I asked
121201 - David if the wedges between the forms and the Curb Ring were removed
121202 - prior to pouring concrete.  David said they were not removed because
121203 - the timber wedges nailed into the whalers were supporting the forms.
121205 -  ..
121206 - After Dave left the meeting, Jeff and Ken maintained they recalled
121207 - observing that Sletten craftsmen in fact constructed forms that
121208 - used the Curb Ring to brace the encasement formwork, contrary to
121209 - David's recollection.
121211 -  ..
121212 - Jeff said Tudor has photographs which show the bracing.
121213 -
121214 -
121215 -
121216 -
1213 -

SUBJECTS
Curb Ring Tolerance Dispute
Voith Claim, Recommendations
to Tudor and DNRC

1405 -
140601 -  ..
140602 - Change Order to Voith for Correcting Sletten's Defective Work
140603 -
140604 - Jeff advised that Tudor intends to issue a change order to Voith as a
140605 - result of measurements furnished by Ken Carlson and his comments that
140606 - the condition of the Curb Ring is defective and requires immediate
140607 - corrections.
140609 -  ..
140610 - Discussed this with Jeff and Norman.
140612 -  ..
140613 - Suggested that Tudor consider that, prior to issuing a change order
140614 - taking money from Sletten and paying it to Voith, the Engineer should
140615 - direct Voith to make a formal submittal of its findings and concerns
140616 - with respect to the as-built condition of the Curb Ring.  Tudor should
140617 - not rely on verbal representations from Ken Carlson, as the basis for
140618 - a determination that potentially involves a finding of defective work
140619 - by Sletten, with consequent substantial loss of payment to Sletten,
140620 - since this could wind up causing a claim against the State and the
140621 - Engineer for bad performance of a legal duty.
140623 -  ..
140624 - Voith should be directed to proceed with the work and can submit
140625 - written notice of any difficulty it may have installing the generator
140626 - and appertances due to as-built conditions of the curb ring installed
140627 - by Sletten that deviate from specified requirements.  If Voith incurs
140628 - extra time and expense, and can submit credible evidence that a
140629 - material defect exists, then the Engineer can approve extra payment,
140630 - following notice to Sletten and receipt of any response to Voith's
140631 - evidence.  If conflicting evidence is presented, then the Engineer
140632 - would have to resolve it through independent sources.
140634 -  ..
140635 - A contrary position may indicate favoritism in the treatment of
140636 - contractors, which would act against the interests of Tudor and DNRC.
140638 -  ..
140639 - We discussed the record showing no extrinsic evidence that the
140640 - as-built condition of the Curb Ring is different from that which Voith
140641 - typically encounters on other jobs.  Voith claims it will be more
140642 - difficult than if the dimensions were closer to those it specified,
140643 - but that does not, in and of itself, establish a right to perform
140644 - solely under specified dimensions.  It may turn out that specified
140645 - tolerances are so difficult to meet that they are rarely or never
140646 - actually accomplished in the field.  In that case, Sletten could not
140647 - be held accountable unless the deviation is outside industry
140648 - standards.  Therefore, Voith's recovery should be similarly bound.
140650 -  ..
140651 - Voith may well be able to show that the deviations are material.  But
140652 - until they do, they should proceed with the work in the manner
140653 - prescribed by the Contract.
140655 -  ..
140656 - This recommendation is supported Voith's prior record on as-built
140657 - dimensions that deviated from specified tolerances for the Draft Tube
140658 - Liner (DTL).  In that case, as being proposed here, on 880823, the
140659 - Engineer relied on representations by Voith's field staff, led by Ken
140660 - Carlson, and verbal assurances from Voith management. ref SDS 1 OP5I
140661 - However, when Voith was asked to confirm these representations in
140662 - writing, their letter on 880915 failed to do so, ref SDS 2 EM7I, and
140663 - this has exposed the State and the Engineer to a claim by Sletten to
140664 - recover extra expense caused by unsubstantiated requirements imposed
140665 - on the contractor.
140666 -
140667 -
140668 -
140669 -
140670 -
140671 -
140672 -
1407 -

SUBJECTS
Curb Ring Tolerance
Concrete Pour review
relative to measurement
dates

1606 -
1607 - Assignment
160801 -  ..
160802 - Following the meeting with Sletten and Voith, Jeff requested that I
160803 - review the concrete pour batch tickets to determine the dates of Curb
160804 - Ring encasement.
160806 -  ..
160807 - He wants pour date, quantity and duration of each pour.  Jeff believes
160808 - the duration of each pour is in the batch ticket file.
160809 -
160810 -
160812 -  ..
1609 -
1610 - Review of file 1189 0951 0711 01 10
1611 -
1612 - Concrete Test Reports - Batch Tickets
1613 -
1614 - Bid Item #23 "Concrete Encasement for Steel Fabrications."
1615 -
161501 - CONCRETE TICKET BID ITEM REPORT (Cumulative)
161503 -  ..
161504 - Dated:  881031        475 CY
161505 -
161507 -  ..
161508 - CONCRETE TICKET BID ITEM REPORT (Daily)
161509 -
161510 -                     QUANTITY
161511 -          DATE    CUBIC YARDS   DURATION
161512 -            CUBIC YARDS   DURATION
161513 -          -----------   --------
161514 -         881028           16     Not shown
161515 -         881031           13     Not shown
161516 -         881103           18     Not shown
161517 -         881104            8     Not shown
161518 -         881105           13     Not shown  ("Topped off Curb Ring.")
161519 -                       ------
161520 -                          68  Total
161521 -
161522 -
1616 -

SUBJECTS
Coordination Harp Contract
Sletten move trailer from
Transmission Line Guys

1705 -
170601 -  ..
170602 - Norm requested a report on this account.  He said Sletten is refusing
170603 - to comply with prior agreements to move its trailer.
170605 -  ..
170606 - Prepared this for information purposes.  Did not make formal submittal.
170607 -
170608 -
170609 -
170610 -
170611 -
170612 -
170613 -
170614 -
1707 -
1708 -