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compacted by making 4-6 series of staggered passes over the entire surface of each lift with rubber-tired equipment, sheepsfoot rollers or other appropriate compaction equipment. Track-mounted equipment such as bulldozers or hydraulic excavators are not considered appropriate for use in compaction work. Compaction work is not required within the upper extremity of the bench backfill areas where the fill width becomes too narrow for safe compaction equipment access." As safety is always a high priority with the OWNER, Amendment 1 states in part that "compaction requirements outlined in paragraph 2 must be followed provided it can be done safely." The CONTRACTOR was not relieved of his obligation to complete the work as bid by this statement. Unsafe situations simply needed to be corrected prior to proceeding with compaction. The CONTRACTOR did not work with the PROJECT MANAGER to determine precisely when compaction was not possible due to safety reasons. Please note that the General Conditions item 31 states in part that "The CONTRACTOR shall furnish the OWNER with a written guaranty for one year covering all labor, materials and workmanship incorporated in the work." "Written guaranties must be received by the OWNER before final payment will be approved." D. The weekly job progress reports have not been submitted to the PROJECT MANAGER as required and as such were unavailable for my review. Please note that General Condition 12 states, "The CONTRACTOR will be required to properly complete weekly or daily progress reports, forms for which will be provided by the PROJECT MANAGER. Completed reports must be submitted to the PROJECT MANAGER prior to or at the time of requests for payment. Payment requests will not be processed until progress reports corresponding to the payment period are received." The completion date for this project remains unchanged as adjusted by verifiable weather delays. I recommend that you review the Purchase Order Terms and Conditions and the Special Conditions in the Invitation and Bid Document in addition to the Project Work Description and Amendment 1. Also, it is advisable to completely review the General Bid Specifications including the General Conditions and Standard work Specifications. Please feel free to contact me if there are any questions. I will be asking the PROJECT MANAGER to review the work schedule and have you adjust the schedule as needed to take into account the current level of project completion and the approved weather delays. We look forward to continuing to work with you toward completing this project in a professional and timely manner. Sincerely, James B. McArdle Senior Environmental Protection Specialist