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<br />Item # I2 Amount - 540.000.00 <br />The fast stockpile of topsoil just north of Chen's Hill extended six foot below all the surrounding <br />areas. It was 200 feet wide by 300 feet long. We excavated, hauled and placed this soil at a <br />cost of $3.00 per cubic yard At the September meeting between John Nelson, Dave Buckram, <br />1rm Mc9rdle and myself, they acbrowledged that this constituted a change of conditions. At <br />this meeting we also mutually agreed that $3.00 per cubic yard was the actual cost of placing <br />topsoil on this project. <br />With this claim, CWL requests to be paid for this change of conditions. <br />Response: The Contractor was required to remove the topsoil growth medium stockpile. <br />The Contractor stated that he would obtain all available topsoil from this pile location. At <br />no time was there a mutual agreement that the CONTRACTOR would be paid $3.00 for <br />moving this topsoil. No field directive and change order was made for this item. The <br />Contractor never measured the depth with Division representatives or discussed that there <br />was a problem at this site. DMG was not awaze of any claim for additional payment from <br />the contractor until the claim letter of November 14, 1994, a full four months after the <br />contractor demobilized from the site. The Division cannot substantiate any portion of this <br />claim. <br />At the September meeting between Preston Mease, Dave Bucknam, Iim McArdle and John <br />Nelson, there was no acknowledgement that this constituted a changed condition, or that <br />$3.00 per cubic yard was the actual cost for placing topsoil on the project. <br />FINDING: There is no evidence to support this claim. No payment is due. <br />Item # 13 Amount - 51975.00 plus additional accraals (interest) <br />July 26 was the invoice date asking for release of retamage. <br />Response: Number 30 of the General Conditions sets out the procedure for final inspection, <br />final payment and advertising final settlement. It states: "When the OWNER indicates <br />acceptance of the work, the CONTRACTOR may requisition for final payment, including <br />retainage..:' <br />The Project Manager conducted final inspection on July 20, 1994. The Final Inspection and <br />Certificate of Completion was completed on July 25, 1994. It included a long punch-list. <br />this was mailed to the Contractor. The Contractor worked on the punch-list items on <br />August 9 and 10, 1994. All items were accepted on August 17, 1994, with the exception of <br />the Chen's Hill Ditch. The Contractor completed further work on the ditch on in <br />September, which was inspected on September 28, 1994. The ditch, at this time is still not <br />built to specifications. <br />24 <br />