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<br />The Bid Invitation Special Conditions Task 1 states that"The CONTRACTOR shall exercise <br />caution during mobilization, performance of all work tasks, and demobilization in order to <br />avoid damage to public and private property including, but not limited to, pavements, soils, <br />vegetation, water supplies, fences, walls, structures, existing sediment ponds, landscaping, etc. <br />The CONTRACTOR shall repair and restore public or private property damaged during <br />the work at his expense. <br />"The CONTRACTOR shall be fully responsible for any and all damage to property caused <br />by his equipment or personnel. The CONTRACTOR shall ensure that the job site is <br />restored to original or better condition and that the PROJECT MANAGER accept that the <br />work is complete." Further under the Demobilization heading, "Phis item shall include all <br />labor, equipment and costs associated with demobilization and clean-up of the work site to <br />its original or better condition........Additional final grading shall be accomplished, if needed, <br />to reduce steep slopes and contour on the project site areas not specifically addressed in the <br />work plan" <br />The water bars were necessary to protect water from channeling down a cut slope which the <br />contractor created in an azea he was specifically instructed not to disturb. <br />Mobilization and Demobilization was bid at $54,000 lump sum price with no measurement <br />and payment and the OWNER has paid this amount. The OWNER does believe that <br />additional money is due the Contractor for this item. <br />FINDING: Mr. Mease acknowledged he did go out of the requested work area boundary. <br />He said it was necessary in order to get positive drainage. Furthermore, he stated that the <br />water bars were essentially dozer basins which aze paid on a hourly basis. <br />Documentation provided by the IMP is cleaz. Amendment Number 1 to RN-MINES-322 <br />specifically states that no disturbance is allowed in the undisturbed drainage located on the <br />south end of the East Pit. Had the Contractor stayed within the requested project <br />boundaries, the water bars would not have been necessary. This was the contractor's error. <br />As stated in the Special Conditions Task 1, "I'he Contractor shall repair and restore <br />property damaged during the work at his expense". No payment is due CWL for the three <br />water bars. <br />Item # 5 Amount - $8670.00 <br />In change order #2 dated 5-2(x94, DMG deleted from the contract line item #12A-East Pit <br />Channel with erosion mat, #12B-East Pit Channel with erosion mat and riprap and #12D-3 <br />each drop structures. CWL acknowledges their right to delete these times and didn't proceed <br />further with this work However, CWL did refuse to sign thts change order as this work was <br />partially completed and CWL had made substantial efforts to complete this work <br />The Ceneral Conditions 1993 General Bid Specifications #20, estimated quantities, 3rd <br />13 <br />