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<br /> <br />9. A Field directive was signed on 2-26-94, by John Nelson and the undersigned The <br />contract requires a change order to be issued within 14 days of such freld directive, and <br />CWL could not biU until the change order was received CWL did not get a change <br />order until 5-23-94. <br />Response: The change order in question resulted in installing a temporary gate in Dr. <br />Corle~s fence to allow Energy Fuels access to their mine fan during construction activities <br />at the north slope on the perimeter of Chen's Hill. It was a lump sum for installation and <br />removal. The gate was actually installed on February 23. Dr. Corley decided that he did <br />not like a gate at this location and removed it on February 26. Even though CWL only did <br />half of the agreed upon job, the OWNER agreed to pay the full cost, as it was bid lump <br />sum. The delay in the change order was an oversight which could have been corrected by <br />communication from the CONTRACTOR. The CONTRACTOR was not required to wait <br />until change orders were approved in order to bill for work completed. <br />FINDING: The State did fail to issue a Change Order within 14 days of a field directive. <br />This is an internal policy within the IMP. However, IMP representatives stated that the <br />Contractor was not required to wait until change orders were issued in order to bill for work <br />wmpleted. <br />CWL REQUEST FOR PAYMENT <br />Item 1 Amount SG,236.61 <br />This claim is for line items and reramage billed to dare but as yet unpaid, and for hourly <br />equipment rental for additional work This hourly equipment rental time was used (a) to move <br />three piles of topsoil, (b) to rip the areas that these piles were on, and (c) to move some brush <br />on the East side of the East Pit. These three piles of topsoil are identified as Chen's Hill North <br />Pile, the East Pit Yard Pile, and the East Pit west side additional topsoil pile <br />The Chen's HiU North Pile was addressed in a letter from DMG dated May 10, stating that this <br />pile was not included in the lump sum topsoiling price. CWL was asked to move thrs using <br />hourly equipment rental CWL has not been paid fully for this. <br />RESPONSE: Machine time to move the Chen's Hill North Pile began on June 9, 1994 and <br />continued until June 15, 1994. A total of 5 hrs (D-7) time ($375.00), 40 hrs of Cat (TD-25) <br />time ($3600.00), and 43 hrs of scraper time ($6975.46) were used. One additional day, July <br />7, 1994, of machine time was used to cover minor bare spots on the northeast side of Chen's <br />Hill (7 hrs TD-25; 9 hrs scraper). The machine time from June 9 to June 15 was reflected <br />in CWL Invoice 5 dated 6-26-94 and was paid. Machine time for July 7 included 9 hrs of <br />scraper ($1459.98) and 7 hrs of TD-2S ($630.00) was reflected in CWL Invoice 6 dated 7-24- <br />94 and was paid. <br />7 <br />