Laserfiche WebLink
<br /> <br />M J ~ STATE (OWNER) NEGLIGENCE ALLEGATIONS <br />1. Notice of Award was not given within file 4 days stated in Special Conditions. <br />Response: The Colorado Inactive Mine Program (IMP) had serious concerns that Colorado <br />West Leasing (CWL) significantly underbid the project, had perhaps made an error in <br />calculating the bid. This matter was thoroughly imesdgated and discussed with CWL during <br />the period of January 25, 1994 to February 2, 1994. CWL was given the option of removing <br />their bid if it was in error. Harry Ranney of the Coal Program, who had assisted IIvIP with <br />designing the reclamation plan was involved in the discussions After carefully going over <br />the bid, IMP issued CWL the Notice of Award. Please see the attached memo from Harry <br />Rainey and the Notice of Award. <br />This examination of the bid is within the State's right. IMP has been instructed by the <br />Division of Purchasing that the State cannot in good conscience awazd a bid if we know or <br />believe that the contractor will lose money. In cases where the low bid is very low in <br />comparison with older bids, IMP always consults with the low bidder to determine if an <br />error has been made. CWL was involved in the discussions and was directly awaze of the <br />reasons for delay of the Notice of Award. <br />vnVC <br />2. The State has failed to Pay Promptly as d by the General Conditions (1993) and <br />temu of the Purchase Order. <br />Response: Available evidence as outlined in the project spreadsheet and the attached Table <br />of Dates Pertaining to Invoices of invoices for the project shows that CWL invoices were paid <br />in a timely fashion. Portions of the invoices were not allowed due to requests for retainage <br />payment which could not be paid until completion of publication, premature billing prior <br />to work completion, errors in the invoice payment amount due for the work item, and <br />requests for extra payment on work included in the job price. Please see the attached <br />Summary of Billed Amorous Not Approved for Payment outlining all amounts not approved <br />for payment and reasons not approved. <br />1 <br />