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.. <br /> <br />#3. The lost growth medium cannot be substantiated. Bill <br />Colgate was there and can attest to this. <br />#4. The DMG's claim for liquidated damages is groundless. <br />The State added time to the contract to place topsoil using hourly <br />equipment rental time. DMG representatives directed this work <br />after the cutoff they claim for liquidated damages. It is unfair <br />to charge liquidated damages when you are directing work by the <br />hour. CWL asked for, but was denied, time to complete the seeding <br />and fertilization after the topsoil was placed on equipment rental <br />time. It appears DMG wanted CWL to seed, then cover it with 6" of <br />topsoil. <br />The total of CWL's claim is $125,256.61 plus additional <br />interest. CWL has requested that it be provided with the rules <br />applicable to submitting this claim, and has received nothing other <br />than direction to submit a letter. If further rules exist and <br />apply to this claim, a copy is requested. CWL requests that you <br />promptly make a final written decision on these claims. <br />Sincerely, <br />COLORADO WEST LEASING <br />By P.,~ gn~ <br />Preston Mease <br />cc: David J. Turner <br />Williams, Turner & Holmes, P.C. <br />Maggie Van Cleef <br />Robert Nondorf, Department of <br />Purchasing <br />- 9 - <br />