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<br />Topsoil/growth medium was lost. John Nelson was on site and measured the area in which <br />the topsoil was lost. The State is entitled to $24,195.00. <br />#4. The DMC's claim for liquidated damages is groundless. The State added time to the <br />contrail to place topsoil using hourly equipment rental time DMG representatives directed this <br />work ~r the cutof j` they claim for liquidated damages. It is unfair to charge liquidated <br />damages when you are directing work by the hour. CWL asked for, but was denied, time to <br />complete the seeding and fertilization after the topsoil was placed in equipment rental time. it <br />appears DMG wanted CWL to seed, then cover it with 6" of topsoil <br />Response: The original date for completion of the GEC Project as stated by the Invitation <br />and Bid, and Notice to Proceed, was to be May 23, 1994. This date was extended 28 days <br />to accommodate weather related delays and was re-set to June 20, 1994. This date was <br />further extended 15 days to accommodate machine time necessary to topsoil Chen's Hill and <br />the final date was set at July 5, 1994. On July 7, 1994, the Owner did have the Contractor <br />use additional equipment rental to move some additional topsoil to cover to small baze <br />spots on the northeast side of Chen's Hill (7 hours for TD-25, 9 hours for Scrapper). Even <br />though the Contractor was not finished on July S, the Owner is willing to extend the date <br />of completion by 1 day. Actual completion was on July 12, 1994 resulting in 6 days of <br />liquidated damages or $1800.00. <br />The Contractor's assertion that "it is unfair to charge liquidated damages when you are <br />drrecting work by the hour." is untrue. All equipment rental time was either included in the <br />original 90 days completion time or was included in the days added to the project. The <br />equipment rental specifications require the Project Manager to be on site for all equipment <br />rental hours. In fact, the liquidated damages are charged in order to pay to the State's cost <br />to have the Project Manager onsite after the time the project is scheduled to be complete. <br />The Contractor's conclusion that "It appears DMG wanted CWL to seed, then cover it with <br />6" of topsoil." is also baseless. DMG added additional hours at appropriate points in the <br />project and added the corresponding number of days to the performance time. Had the <br />contractor been on schedule in order to complete the project within the completion time, <br />the additional hours would simply have been added at an earlier date. The order of the <br />work was never a question to the State. <br />FINDING: The State has clearly documented the completion dates. (It should be noted <br />that they did not deduct the five days specified in Change Order #2.) The required <br />completion date (without the 5 days deducted for Change Order #2) was July 6, 1994 and <br />CWL completed the work on July 12, 1994. The State is entitled to 6 days of liquidated <br />damages or $1800.00. <br />m:\imp\gec.cm <br />30 <br />