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September 10, 2003
File: C03-311
URS Corporation
1200 Philadelphia Pike
Wilmington, DE 19809
Attn: Mr. Mark Proudy
Phone: (302) 79l-0700 Re: Water Supply Reservoir
Fax: (302) 791-0708 City of Newark, Delaware
Contract 02—02
Dear Mr. Proudy:
Recent events have revealed probable errors with the Contract Documents that we believe
fall within the provisions of Section 3.3.2 of the contract specifications. As required by this
section of specifications, we are providing written notice of the conditions to the Engineer and
Owner. Further, and as also required by Section 3.3.2, Donald M. Durkin Contracting, Inc., shall
not proceed further with the work until the errors are resolved.
The nature of the error has become apparent after the recent rain events. Areas ofthe side
slopes prepared and finish graded in anticipation of receiving the liner severely eroded
notwithstanding Durkin’s protection of the slopes using ordinary construction techniques.
The more serious problems and the apparent error is more apparent on the graded slopes
of the areas that had received the liner. Notwithstanding the installation ofthe slopes to grade
- and liner as designed, the soil material placed on the liner, compacted as prescribed by the
specifications, severely eroded with the recent rains. .
p Not only did the materials erode, but, because the bottom of the reservoir is impervious,
the moisture has been trapped in the materials. The bearing capacity of the materials has been
eliminated; construction equipment cannot travel across the wet areas without severe rutting and
potential damage to the liner.
The design contemplated that the side slopes be covered with the liner in advance ofthe
placement of the soil materials at the toe ofthe slope. What was apparently not considered was
that the liner will collect and concentrate any moisture and create the conditions that are now
` visibly apparent.
' 1. nvasu • surrs 201 sovranmrou. PA issss • (215) e - 00 FA t l — `
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A . p Case 1 :04-cv-00163-GMS Document 212-2 Filed 08/22/2006 Page’2 of 2
Q ¤ D N A 1.. ¤ M.
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DDNTRABTIND. ING.
September l0, 2003 i
Mr. Mark Proudy
Page 2.
We have further become aware that the City has contingent plans to drain the reservoir
for either maintenance or due to severe drought conditions. This has the potential to undermine
the grout liner system and installation of rip-rap. It is our understanding that the current design
‘ has signiticant and potentially serious design issues that require a reexamination of the entire
liner and cover system. These issues raise safety and integrity issues.
Because of the serious nature of these issues, and consistent with the requirements ofthe
specitications, we will halt our operations pending a resolution. We have been advised that the
placement of the liner and exposing it to sunlight for a protracted period could aversely affect the
materials and therefore all operations will be suspended.
Please provide us with direction.
Very truly yours,
_ DONALD M. DURKIN CONT RACTING, INC.
\x)\/\6
Donald M. Durkin, Jr.
DMD:bjb
CC: Mr. Joe Dombrowski
Engineering
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Case 1:04-cv-00163-GMS
Document 212-2
Filed 08/22/2006
Page 1 of 2
Case 1:04-cv-00163-GMS
Document 212-2
Filed 08/22/2006
Page 2 of 2
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