GENERAL41656 - Laserfiche WebLink

Home Browse Search

the final inspection. Precipitation records from the figures provided by ICRLM, showing .f0 inch on Jul to cause sediment to adjacent Southfield Mine support the y 13. This is not enough precipitation fill in a ditch to the extent Mr. Mease is alleging. Based on the evidence presented to me, precipitation is not an issue. DMG did. inspect in a timely manner. There is no evidence of negligence. 8. The State failed to advertise for final settlement, as required by the General Conditions 1993 #30. Response: The OWNER did not accept the Chen's Hill Ditch and was attempting to have the CWL correct the problem. As per General Condition 1993 #30, "When the OWNER indicates acceptance of the work, the CONTRACTOR may requisition final payment, including retainage, on account of the purchase order contract price. Before such final payment may be made the OWNER must comply with Title 38-26-107 C.R.S. as amended,.......)". The Project Manager conducted final inspection on 7uly 20, 1994. The Final Inspection and Certificate of Completion was completed on July 25, 1994. It included a long punch-list. This was mailed to the Contractor. The Contractor worked on the punch-list items on August 9 and 10, 1994. All items were accepted on August 17, 1994, with the exception of the Chen's Hill Ditch. The Contractor completed further work on the ditch on in September, which was inspected on September 28, 1994. The ditch, at this time is still not built to specifications, Task 3. In eazly November, IMP came to the conclusion that in view of the growing dispute with the Contractor and the Contractor's seeming unwillingness to build the ditch to specifications it was in the best interest of the Division and the Contractor to consider the job complete. See the attached November 8, 1994 memo from John Nelson to Maggie Van Cleef. Advertisement for final settlement was arranged immediately. The advertisements were published on November 14 and 15, 1994, with the final settlement date being November 25, 1994. FINDING: General Condition #30 specifically states that when the Owner indicates acceptance of the work ,the Contractor may requisition final payment. The owner never did accept the final work on Chen's Hill Ditch. Realizing the controversy was not going to be resolved regazding the final item, Chen's Hill Ditch, the State decided to consider the job complete. The final settlement date was November 25, 1994. I find the State advertised for final settlement as required by the General Conditions 1993 #30. There is no evidence of negligence.