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<br />However, the OWNERS records indicate that May 26, 1994 was when the seed was <br />requested. Thursday, June 9, 1994 would have been the 14th day. Seed was delivered to <br />the Project at 12:30 PM on June 13, 1994. Bill Colgate and We Project Manager unloaded <br />the seed into CWL's dump truck and covered it with a tarp. No fertilizer, which is required <br />before and during seeding operations, was delivered to the site until June 22,1994. Seeding <br />did not commence until June 23 1994. The seed drill initially did not work because it lacked <br />an agitator in the seed bin. The seed drill agitator was installed on June 24, 1994 and <br />seeding commenced. <br />No delay or extra cost was incurred by CWL by the State's delay of 4 days, because CWL <br />was not ready to seed until a full 11 days after the seed delivery. <br />J oN /~ <br />5. The State was to funtish equipment rentd records to CWL CWL did not receive these <br />until it asserted claims at oro meeting in Denver on September 26th. <br />Response: The Equipment Rental forms the Division aze using were properly filled -out and <br />signed by both the Project Manager and CWL each day. Upon learning that CWL needed <br />copies, copies were made available. <br />Mai <br />6. Special Conditions state the project manager rs available during regular business hours <br />8:00 A.M. to S.•00 P.M., weekdays I called 7 working days in a row one tuns S working <br />days in a row another time and 3 working days in a row several other times. I couldnY <br />get through to John Nelson on any of these times, and he didnY return my calks. <br />Response: At We pre-construction meeting, CWL personnel were introduced to Bill <br />Colgate. Mr. Colgate was hired by the Division to be the Division's on-site contact and <br />observer when the Project Manager (John Nelson) was not present. If CWL was having a <br />problem with locating John Nelson, Mr. Colgate should have been informed of the problem <br />and he would have located either John or someone else in the Division who could have <br />helped. <br />Also, CWL could have wntacted Maggie Van Clee£, who is listed as the Agenry Contact <br />on the Purchase Order, Jim McArdle or Dave Buckram <br />~,~c <br />7. The State failed to inspect the work promptly as required by the Ceneral Conditions <br />1993, #30 Acceptance and Final Payment: "Within ten days after the CONTRACTOR's <br />declaration of completion of the work, the OWNER will make a fowl inspection of the <br />work to determine whether the work has been completed in accordance with the <br />purchase order contract and collateral documents. If arty punch-list results from such <br />final inspection, the CONTRACTOR shall promptly rectify aU items appearing thereon. " <br />We completed all work on July 12th. DMG inspection was dated July 25th. <br />3 <br />