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~^ JC <br />Item # 13 Amount -,81975.00 plus additional accruals (interest) <br />July 26 was the irtvoice date asldrRg for release of retaurage. <br />Response: Number 30 of the General Conditions sets out the procedure for final inspection, <br />final payment and advertising final settlement. It states: "When the OWNER indicates <br />acceptance of the work, the CONTRACTOR may requisition for final payment, including <br />retainage.. " <br />The Project Manager conducted final inspection on July Z0, 1994. The Final Inspection and <br />Certificate of Completion was executed on July 25, 1994. It included a long punch-list. this <br />was mailed to the CONTRACTOR. The CONTRACTOR worked on the punch-list items <br />on August 9 and 10, 1994. All items were accepted on August 17, 1994, with the exception <br />of the Chen's Hill Ditch. The CONTRACTOR completed further work on the ditch on in <br />September, which was inspected on September 28, 1994. The ditch, at this time is still not <br />built to specifications. <br />In early November, IMP came to the conclusion that in view of the growing dispute with he <br />CONTRACTOR and the CONTRACTOR's seeming unwillingness to build, the ditch to <br />specifications it was in the best interest of the Division and the CONTRACTOR to consider <br />the job complete. See the attached November 8, 1994 memo from John Nelson to Maggie <br />Van Cleef. <br />Advertisement for final settlement was arranged immediately. The advertisements were <br />published on November 14 and 15, 1994, with he final settlement date being November 25, <br />1994. <br />The file was reviewed to ensure that all paperwork was in order and that the Division had <br />received everything necessary in order to approve payment. Missing items were requested <br />from the CONTRACTOR: John Nelson requested a final retainage invoice and contractor's <br />progress reports in writing on November 18, 1994; and Maggie Van Cleef requested the <br />CONTRACTOR's written guarantee by telephone on November 22, 1994. <br />The Division could not approve payment on retainage on July 26, 1994 because the job was <br />not complete and final settlement had not occurred. <br />On other invoices that have not been paid; the date is considerably older. #12 of the Purchase <br />Order Teens & Conditions require interest to be paid at 1 % per month starting on the 46th day, <br />until the balance is paid in fu1L <br />19 <br />