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-%. <br /> · ~.,~ ....... ~. Cabarrus Co~nty !~realth Department <br /> <br />~ ~'~Ttt t,~'?~' ~ovember 8, 1988 <br /> <br /> Robert E. Smith, Jr., P.E. <br /> Assistant Vice President <br /> Chief Engineer <br /> Law Engineering <br /> Post Office Box 11297 <br /> Charlotte, North Carolina 28220 <br /> <br /> Dear Mr. Smith: <br /> During the summer of 1988, Cabarrus County contracted with Law Engineering <br /> to provide testing and inspection cervices on an earth sedimentation pond. <br /> As you are aware this earth sedimentation pond failed and had to be repair- <br /> ed at a eost of $10,033.28. Camp Dresssr and MeKee as desSgn engineurs <br /> assumed primary responsibility for the failurs and paid tile county <br /> $?,000~00 of these total expenses. The county is responsible for paying <br /> the remaining $3,033.28. <br /> <br /> Since it is apparent that part of the responsibility for the failure of the <br /> earth sedimentation pond is also due to the face that Law Engineering did <br /> not provide the scope of services agreed to in writing on May 17, 1988, ic <br /> is my feeling that your oompanyis obligated to reimburse the county <br /> $3.033.28. Specifically, Law Engi~seringdid not conduct laboratory proc- <br /> tor compaction tests on representation fill soils o~ conduct in-p~ace field <br /> density tests to Verify the percent compaction achieved by the contractor. <br /> The lack of ~hese tests could be wholly or:pa~tially responsible for the <br /> aforementioned failure. Regardless, the earth sedimentation pond failed <br /> and only Camp Dresser and MeKee has assumed any financial responsibility. <br /> I would urge your compamy td assume its share of responsibility and to <br /> reimburse Cabarrus County:the $3',Q33-28 balance.that the county has paid <br /> for the repair. Sineeit is obvious that Law Engineering did not fulfill <br /> its contractualobligation to Cabarrus County it is imperative tKat your <br /> company share in the financial settlement. If'Law Engineering chooses not <br /> to reimburse the county for these expenses, I will recommend that the <br /> county attorney initiate the necessary legal action needed to recover this <br /> $3,033.28, <br /> <br /> Sinceraly, <br /> <br /> Health Director <br /> <br /> WP:ft <br /> <br /> cc'~Michael Ruffin, County Manager <br /> Fletcher Hartsell, County Attorney <br /> <br /> <br />