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~: <br />-~ ~, r! <br />Item # 7 Amount -,51800.00 <br /> <br />Kl X00 ~- '~i ihr, w (~ <br />~ ~ ~~'~ <br />This is for additional work on bid Item 3A, Cheres Nil! Damage(sic) Control with Ripmp, <br />which is referred to ~ Paragraph 7 above relative to irupedion <br />This item was completed to a quality superior to that required by the contract By the conaact <br />it should have had 110 cubic yards of nprop. CWL put SO additional a~bic yards of riprgp in <br />this ditch when it was origuurlly built CWL used this extra rock because rt makes placing it <br />easier. t;'WL is asking for $800.00 in addition to the or;ginal bid price of $1000.00 for the 2 <br />times CWL went back and added rock after the project was properly completed <br />The Stare failed to promptly inspect this work as required by the contract Three large rain <br />stones first covered the nprap, then started eroding dirt and rock away at the lower end of the <br />ditch. Prompt inspection would have revealed that CWL properly perfonned before these <br />natural occurrences. <br />Lrne Item #3A, for $1000.00 appears to be part of CWL's unpaid invoices for a total claim of <br />$1800.00. <br />Response: The ditch was not completed to a quality superior to that required by the <br />contract. Al Weaver of Energy Fuels, (the adjacent mine operator), Dr. Corley, (the <br />landowner), Bill Colgate, John Nelson, (both of IMP), Dave Berry, Shawn Smith, Christine <br />Johnston and Harry Ranney (all of the Coal Program), all inspected this ditch and <br />concluded that it was not built to specifications. <br />The "additional riprap" was not requested. This is irrelevant, since the ditch was paid for <br />by the linear foot. <br />Final inspection of the GEC Project took place on July 20, 1994, 7 days after notification <br />by the CONTRACTOR that work was complete. The CONTRACTOR contends that three <br />heavy rainstorms occurring between July 13 and July 20, 1994 either washed away or <br />covered up riprap that had been placed in the Chen's Hill ditch. A review of climatological <br />observations provided by radio station IQ2LN in Canon City, logs only minor precipitation <br />of .07 inch on July 13. From July 14 to the 20th, only trace amounts or no precipitation was <br />reported. This is further supported by rainfall measured at Energy Fuels Southfield Mine <br />located immediately adjacent to the project. Some siltation did occur in the ditch, however, <br />digging below the level of the silt did not expose rock. <br />DMG has paid $600.00 for Chen's Hill Drainage with Riprap for the production of riprap <br />and shaping of the ditch. Final ditch construction is not to specifications. <br />14 <br />