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~o~`~ As a result of DMG's failure to promptly inspect, item #5 on fatal inspection was in error. We built this ditch to specification Heavy ruins washed sediment down and covered the rrprap. We hand placed more nprap on August 9th I donY ibrow when this was respected, but it also was coveted with mud I was later informed that it was still not adequate I then had an employee go place more nprgp. He said heavy rairu had eroded the end of the channel away and some rrprap had washed away. On (7ctober 6th I was informed that it still washy acceptably and that on top of the eriouzon of the roily the other part of the ditch was full of mud oral that rt was rurtrting into the Energy fuel Coals sediment pond. Response: The CONTRACTOR notified the Project Manager on July 13, 1994 that the project was completed. A review of the final inspection report clearly shows that the final inspection date was July 20, 1994, 7 days after We date the Division was notified that CWL had completed all work. The inspection report was dated July 25, 1994 when the Project Manager returned to the office after further field responsibilities and a weekend, and executed the report. CWL was promptly notified of deficiencies in the work. The ditch was reinspected and photographed on August 17, 1994 by the Project Manager. There was no evidence that riprap had been placed in the ditch in accordance with the specifications of Task 3. Radio station ICRLN in Canon City provided the attached report which shows precipitation for July. The weather report does not substantiate the CONTRACTOR'S assertion that there were heavy rains in the area. /n JC, 8. The State failed to advertise for Etna[ settlement, as required by the General Conditions 1993 #30. Response: The OWNER did not accept the Chen's Hill Ditch and was attempting to have the CWL correct the problem. As per General Condition 1993 #30, "When the OWNER indicates acceptance of the work, the CONTRACTOR may requisition final payment, including retainage, on account of the purchase order contract price. Before such final payment may be made the OWNER must comply with Title 38-2fi-107 C.R.S. as amended,.......}". The Project Manager conducted final inspection on July 20, 1994. The Finn! Inspection and Certificate of Completion was completed on July 25, 1994. It included a long punch-list. this was mailed to the CONTRACTOR. The CONTRACTOR worked on the punch-list items on August 9 and 10, 1994. All items were accepted on August 17, 1994, with the exception of the Chen's Hill Ditch. The CONTRACTOR completed further work on the ditch in September, which was inspected on September 28, 1994. The ditch, at this time is still not built to specifications, Task 3. 4