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<br />flow properly. Riprap is placed only on the sides of the ditch, not in the entire channel as <br />required. There are no precipitation records to support Mr. Mease's claim of three lazge <br />rain storms which covered the riprap. No additional payment is due. <br />Item # 8 -Amount - 55000.00 <br />This claim is for additional labor and machine time required by CWL because of the State's <br />negligence by failing to stake the outer limits of grading as required by the contract. CWL asked <br />constantly for staking but never got an adequate response or arty staking. The amount of the <br />time justifying the claim is due to having to move dirt further and in more confined areas than <br />would have been the case if staked <br />Response: The Bid Invitation Special Conditions under Task 2-Chen's Hill Reduction, states <br />that "The CONTRACTOR is solely responsible for dete*~*~+n~ng and verifying the actual <br />quantities to be moved in order to achieve the final reclamation objectives. The OWNER <br />will stake the outer limits of grading where deemed necessary. No additional allowance <br />above the price bid will be made due to problems encountered or quantities of material <br />required to be moved to meet the performance standazds of this job." Also, the OWNER <br />did not deem it necessary to stake the outer limits of grading since the CONTRACTOR was <br />shown the grading limits. <br />Physical features such as revegetation grass rows, pinon and juniper uees and drainage <br />served the purpose of delineating work areas, and were good visual as well as physical <br />markers. No additional expense was caused to CWL, however, the lack of stakes has been <br />CWL's argument for damaging the previously reclaimed and revegetated azea located north <br />of Chen's Hill, which was done for the convenience of spoil placement during the Chen's <br />Hill grading. The final result of a lack of boundary staking was that the CONTRACTOR <br />bad more room to work and place excess spoil resulting from the Chen's Hill grading <br />making this performance item easier for the CONTRACTOR. The staked boundary would <br />have restricted the CONTRACTOR to a much smaller area on which to stockpile material. <br />The OWNER believes no additional payment is due. <br />FINDING: Mr. Mease reiterated his request to have the boundaries staked as discussed in <br />Item #3 in the Negligence Claims. He claims he moved dirt farther than may have been <br />necessary, although he does not know how to document this. <br />There is no evidence to support this claim. No additional payment is due. <br />Item # 9 Amount - 52100.00 <br />The concrete structure (line Item #12D) and task I2 of special cona'itionr requires construction <br />of l5 structures within 2200 feet on 150 centers. The State actually required them ro be built <br />much closer together. This is a change of conditions and required extra work and extra time, <br />19 <br />