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<br />No portion of 12a and 12b was commenced nor were materials delivered. No construction <br />commenced nor were materials delivered for the deleted drop structures. The OWNER <br />does not believe that any additional payment is due. <br />FINDING: Tasks 12a), 12b) and three structures from 12c) were deleted May 26, 1994 in <br />Change Order #2. The information presented in my meetings with the two parties <br />contrasted sharply regarding the amount of work completed before the tasks were deleted. <br />Mr. Mease is claiming that he invested $8,670.00 toward the completion of Tasks <br />12a), 12b) and three of the structures in 12d). In my meeting with him he itemized his <br />expenses as follows: <br /> <br /> <br />Dozer 40 hours@$75.00/hr = $3000.00 <br /> 23 hours@$90.00/hr = $2070.00 <br />Loader 40 hours@$65.00/hr = $2600.00 <br />Overhead = $1000.00 <br />TOTAL $8670.00 <br />Mr. Mease said one man was working on these tasks full-time. He built a bench to <br />mine and sort riprap. Mr. Mease acknowledged that the product produced from the bench <br />was inferior quality. However, he felt that he had made an investment in completing the <br />work and that he should be compensated for it. <br />As discussed above IMP representatives stated that no materials were delivered to <br />the Owner. There was no acceptable riprap, no erosion mat and construction had not <br />commenced for the concrete drop structures. John Nelson, the Project Manager, agreed <br />that a bench had been constructed. He said it was approximately 25' x 75'. He estimates <br />it took a couple of hours to build. <br />Based on my calculations, Mr. Mease is requesting 78% of the total money for <br />deleted tasks, mainly for the production of riprap. But, no acceptable riprap was produced. <br />Furthermore, the riprap only constitutes approximately 14% of the bid costs. To request <br />78% of the payment is unjustified. The bid was based on completed work of which there <br />was none and there was no acceptable products to show for the time he invested. The State <br />is not obligated to pay for time that results in an unacceptable product. However, in the <br />interest of resolving this dispute, I believe Mr. Mease is entitled to some payment for his <br />preparatory time. John Nelson estimated that two hours were needed to construct the <br />bench. I will also add 8 hours for removing the bench and sorting some riprap. This <br />amounts to 10 hours @ $90.00/hour for a total of $900.00. <br />Item # 6 Amount -.8800.00 <br />IS <br />