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!n a phone conversation with John Nelson on June 22, he said they had fvraUy found Harry Bonney, and he confirmed the fvst stnuxure had been built the way he had des(bmed them. Response: John Nelson was on the Project site on June 22, 1994. The OWNER cannot confirm a telephone conversation such as is described This $800.00 claim is actual cast in labor and equipment to remove the form works, backfill the excavation, re-excavate and reset forms, with oved~ead CWL has requested compensation on this work DMG has offered $400.00, half the case When asked how they arrived at their fSgttr~ they said by cutting CWL's cost Response: No evidence has been provided to the State to support the cost of 5800.00. The CONTRACTOR must provide evidence that the $800.00 is actual cost in labor and equipment to remove the form work, etc. The General Conditions, Number 11, states that "While every effort has been made io have the plans and drawings free of errors and ambiguities, any such points must be brought to OWNER'S attention immediately." The Project Manager, having discussed the orientation of the drop structures with Preston Mease, was not made aware of any errors ambiguities in the drawings. Mr. Mease understood the proper orientation of the drop structures, but his workers did not. The fault lies in Mr. Mease's superintendence of the work. The OWNER acknowledges that the upstream arrow indicator is missing from the drop structure drawing, however the proper orientation was discussed with the contractor before construction on the drop structures commenced. CWL did not bring the omission on the drawing to the OWNER's attentioq and did not communicate effectively with workers on site. The State is willing to share in the cost but does not believe that the CONTRACTOR is entitled to full compensation for the described error. The OWNER has tried to be more than fair on this issue and offered to pay half of the CONTRACTORS claim. 13