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<br />The CONTRACTOR is not entitled to additional money for this item. As explained to <br />CWL within We October 7, 1994 letter, "....This ditch does not meet the requirements <br />outlined in drawing #1 of the Imitation and Bid Document in that the ditch is not V shaped <br />and there is no rock lining the bottom of the ditch. The ditch has not been graded properly <br />to prevent Chen's Hill runoff from entering the Energy Fuels, Southfield Mine Pond as <br />required in Task 3, Scope of Work and Work Description. <br />Item # 8 -Amount - $5000.00 M~ c' <br />This claim is for additional labor and machine time requiried by CWL because of the State's <br />negligence by failing to stake the outer limits of grading as required by the contract CWL asked <br />constantly for stakin& but never got an adequate response or arty staking. The amount of the <br />time justifying the claim rs due to having to move dirt further and in more confvred areas than <br />would have been the case if staked <br />Response: The Bid Invitation Special Conditions under Task 2-Chen's Hill Reduction, states <br />that 'The CONTRACTOR is solely responsible for determining and verifying the actual <br />quantities to be moved in order to achieve the final reclamation objectives. The OWNER <br />will stake the outer limits of grading where deemed necessary. No additional allowance <br />above the price bid will be made due to problems encountered or quantities of material <br />required to be moved to meet the performance standards of this job." Also, the OWNER <br />did not deem it necessary to stake the outer limits of grading since the CONTRACTOR was <br />shown the grading limits. <br />Physical features such as revegetation grass rows, pinon and juniper trees and drainages <br />cleazly delineated work azeas, and were good visual as well as physical markers. The final <br />result of a lack of boundary staking was that the CONTRACTOR had more room to work <br />and place excess spoil resulting from the Chen's Hill grading making this performance item <br />easier for the CONTRACTOR. The staked boundary would have restricted the <br />CONTRACTOR to a much smaller area on which to stockpile material. <br />Piease also see 3. under STATE(OWNER) NEGLIGENCE ALLEGATIONS. <br />No additional payment is due. ~~C <br />Item # 9 Amount - $2100.00 <br />The concrete structure (line Item #12D) and task I2 of special conditions requires construction <br />of 15 structures within 2200 feet on 150 centers. The State actually required them to be bulk <br />much closer together. This is a change of conditions and required extra work and extra time, <br />as they are all bunched up in a small valley, making scheduling and construction difficult and <br />time-consuming. The amount of the claim ks based on CiVL's estimate of lost efficiency. <br />15 <br />