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<br />Au.-Oi-2002 10:46 <br /> <br />From-PETERSON FRAM BERGMAN <br /> <br />6511181753 <br /> <br />T-104 P.003/003 F-860 <br /> <br />4. <br /> <br />All other punchlist items, including provision of warranties, manuals, etc. <br /> <br />. <br /> <br />The City further requires written confirmation that Rochon will complete the follOwing task by <br />October 1, 2002: <br /> <br />5. All waterproofing repairs; and <br />6. All repairs of water damaged walls and carpet in the basement. <br /> <br />The City must receive this wrinen confirmation no later dum August 16,2002, that the above- <br />listed items will complete by the dates indicated above. <br /> <br />At this point, Rochon has three alternatives: <br /> <br />A. Rochon can (i) honor its contractual obligations and complete all of the punchlist work, water <br />damage repairs, roofleak repairs and the waterproofing repairs and (ii) accept as final payment <br />from the City on Rochon's claims for waterproofing repairs the documented costs for the sand, <br />drain tile and re-spread of excavated material. In this case, retainage will be paid in accordance <br />with the contract documents when all work is satisfactorily completed. <br /> <br />B. <br /> <br />Rochon can (i) honor its contractual obligations and complete all oftbe punchlist work, water <br />damage repairs, roof leak repairs and the waterproofing repairs and (ii) reserve ils tighl to <br />proceed with its claim for payment of the waterproofing repairs. Any such claims will be <br />resolved in accordance with the dispute resolution procedures in the contract documents. <br /> <br />C. <br /> <br />Rochon can refuse to honor its contractual obligations and not complete the remaining <br />punchlist items, water damage repairs, roof leak repairs and waterproofing repairs. In that case, <br />the City will hire its own contractors 10 complete these items and will back charge Rochon for <br />its costs. <br /> <br />. <br /> <br />We ask that Rochon make its decision on these issues by August 16,2002. If Rochon fails to advise us <br />by that dale as to how it intends to proceed, we will assume that you are not going to proceed with any <br />of this work. In that case the City will proceed to have the work completed by others. <br /> <br />We sincerely hope thaI Rochon will accept their responsibilities and will finish the work so that <br />this matter may be put to rest. <br /> <br />Sincerely, <br /> <br />Jerome Filla <br /> <br />cc. Joe Lynch <br />Peter Vesterholt <br />[Rochon Bonding Company] <br />MPLN0258.1116850.157 <br /> <br />. <br />