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~: ''. <br />need seed in 5 days. It should have been delivered the 26th. Mr. <br />Nelson delivered the first of the seed, 55 sacks (55 acres), June <br />12th and the last 6 sacks (6 acres) on July 5th. (Note that the <br />Division of Minerals & Geology "DMG" is now trying to assess <br />liquidated damages against CWL for late completion.) <br />5. The State was to furnish equipment rental records to CWL. <br />CWL did not receive these until it asserted claims at our meeting <br />in Denver on September 26th. <br />[#19.3 section Equipment Rental Documentation Item C] <br />6. Special Conditions state the project manager is available <br />during regular business hours 8:00 a.m. to 5:00 p.m., weekdays. I <br />called 7 working days in a row one time, 5 working days in a row <br />another time and 3 working days in a row several other times. I <br />couldn't get through to John Nelson on any of these times, and he <br />didn't return my calls. <br />7. The State failed to inspect the work promptly as required <br />by the General Conditions 1993, #30 Acceptance and Final Payment: <br />"Within ten days after the CONTRACTOR'S declaration of completion <br />of the work, the OWNER will make a final inspection of the work to <br />determine whether the WORK has been completed in accordance with <br />the purchase order contract and collateral documents. If any <br />punch-list results from such final inspection, the CONTRACTOR shall <br />promptly rectify all items appearing thereon." We completed all <br />work on July 12th. DMG inspection was dated July 25th. <br />As the result of DMG's failure to promptly inspect, Item <br />#5 on final inspection was in error. We built this ditch to <br />specification. Heavy rains washed sediment down and covered the <br />riprap. We hand placed more riprap on August 9th. I don't know <br />when this was inspected, but it also was covered with mud. I was <br />later informed that it was still not adequate. I then had an <br />employee go place more riprap. He said heavy rains had eroded the <br />end of the channel away and some riprap had washed away. On <br />October 6th I was informed that it still wasn't acceptable, and <br />that on top of the erosion of the rock, the other part of the ditch <br />was full of mud and that it was running into the Energy Fuel Coals <br />sediment pond. <br />8. The State has also failed to advertise for final <br />settlement, as required by the General Conditions 1993 #30. <br />9. A field directive was signed 2-26-94, by John Nelson and <br />the undersigned. The contract requires a change order to be issued <br />within 14 days of such field directive, and CWL could not bill <br />until the change order was received. CWL did not get a change <br />order until 5-23-94. <br />- 2 - <br />