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<br /> <br />B. Claims for Payment <br />Item #1 No additional payment is due for <br />Item #2 CWL is due $180.00. <br />Item #3 No additional payment is due. <br />Item #4 No additional payment is due. <br />Item #5 CWL is due $900.00. <br />Item #6 CWL is due $400.00 . <br />Item #7 No additional payment is due. <br />Item #8 No additional payment is due. <br />Item #9 No additional payment is due. <br />hourly equipment rental. Retainage is due. <br />Item #10 No additions! payment is due. <br />Item #11 A partial payment is warranted. Payment due is $1170.00. <br />Item #12 No additional payment is due. <br />Item #13 No additional payment is due. <br />Item #14 No additional payment is due. <br />C. Owner Claims <br />Item #1 The State will release $200.00. <br />Item #2 No payment is due. <br />Item #3 The State is entitled to $24,195.00. <br />Item #4 The State is entitled to 6 days of liquidated damages for $1800.00. <br />DECISION <br />Based on the Findings, the State was negligent in not marking the boundaries at <br />Chen Hill and for not issuing a change order within two weeks. Otherwise, the State has <br />not been neg]gent in fulfilling its' obligations under the contract. For the monetary claims, <br />the State owes CWL $2650.00. For the State Claims, the $200.00 claim for the ponderosa <br />pine uee is not substantiated and $200.00 will be released for this. The total claim paid as <br />a result of this decision is $2850.00. I direct this to be paid immediately. The State is <br />entitled to $25,995.00 for their claims against CWL <br />In an effort to resolve this dispute, I am offering a settlement to release $25,995.00 <br />to CWL and to drop the State claims for the 3226 cubic yazds of lost growth medium and <br />liquidated damages. The final payment to CWL would be $25,995.00 ($26,195.00 currently <br />being held by DMG minus $200.00 for the ponderosa pine already authorized above for <br />payment). The attached settlement agreement must be signed by CWL and returned to <br />DMG before this payment will be authorized. The settlement agreement must be signed <br />within twenty working days of receipt or it will be considered null and void. <br />3 <br />