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<br />. <br /> <br />. <br /> <br />L'? <br />~) <br />C~ Construction on the project was completed in the winter of <br />...., 1983-84 and final payment approved in April of 1984. About <br />(~ $53,500 of the monies authorized for expenditure were unused. <br />c:;) <br />Throughout the planning for and construction of the project, <br />various problems were encountered with the work of the District's <br />engineer (W.W. Wheeler and Associates) and the contractor for <br />repair of the outlet works (Avery Construction), both of whom had <br />been approved by the staff. Then, after construction was <br />completed, there were problems with the gates which required <br />further work and modifications. Finally, as the reservoir went <br />into the 1985 irrigation season, it became apparent that one or <br />more of the gates on the outlet tunnels were not working <br />properly. <br /> <br />Several months ago, the District asked that I release more <br />money to make further repairs on the gates. I took the position <br />that I would not fund any further construction activity based <br />upon design work by Wheeler and that the District should release <br />Wheeler. I did agree, however, to provide more money to the <br />District so that it could hire a new engineer to advise on how to <br />fix the gates. That engineer has now been retained with the <br />staff's approval (Harza Engineering) and $11,000 of the unspent <br />$53,500 has been made available to the District for this purpose. <br /> <br />After the end of the 1985 irrigation season, Harza was able <br />to go into the three outlet tunnels and conduct a preliminary <br />inspection of the outlet tunnels and the gates. This preliminary <br />inspection confirmed that there are substantial problems with the <br />gates. It was also discovered that steel plates which had been <br />used to line the south tunnel as part of the repair work had <br />fallen off and were lying in the bottom of the tunnel. There may <br />also be problems with anchoring of and grouting behind the plates <br />in the other two tunnels. <br /> <br />Based upon the past concerns which the staff has had about <br />the work of Wheeler and of Avery, and based upon the results of <br />Harza's preliminary inspection, I have told the District that I <br />expect them to take any and all steps necessary to protect <br />whatever avenues of recovery they may have, if any, against <br />Wheeler, Avery, and the surety bonds which Avery was required to <br />obtain. The District has now retained special counsel to advise <br />it on this matter. In this regard, I have asked the Attorney <br />General's Office, on behalf of the Board, to work cooperatively <br />with the District's legal counsel to determine how best to <br />proceed. Harza has also agreed to expand the scope of work it <br />will perform for the District to include a formal investigation <br />of the problems, and causes thereof, with the previously done <br />repair work. <br /> <br />In order to make a complete inspection of the tunnels and <br />the gates, Harza has advised that the reservoir will have to be <br />drained. The District has decided to go ahead and do this during <br /> <br />MEMORANDUM <br /> <br />-2- <br /> <br />November 5, 1985 <br />