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~. <br /> <br /> <br />already. Hence her finding was not in CWL's favor. If DMG <br />can pay these from the invoices they have it is not an <br />issue. If they can't they are still pending. <br />I will try to state my claims clearly and to the point. I <br />hope I am not over simplifying this very complex claim. If <br />you find that. I have, please ask for clarification. <br />If you start with the Invitation to Bid, Special Conditions, <br />and amendment 1k1, and follow through our correspondence in <br />order, it will become clear to you what has taken place, and <br />you will, I'm sure find in Colorado West Leasings favor. <br />If the DMG employees had not mislead Sandra Brown on some of <br />these claim issues and had she given my statements a <br />fraction of the weight she gave her fellow DMG employees I'm <br />sure we could have settled at that level. <br />This is a claim for damage and other amount owed to CWL <br />under the contract described as the above referenced <br />Purchase Order. This appeal is submitted in accordance with <br />pursuant to the Colorado Procurement Code. C.R.S. 24-109-201 <br />through -206 and Procurement Rules R-709-202 through 204. <br />This agreement with the State specifies obligations that are <br />required of CWL and also obligations required of the State. <br />CWL has fulfilled its obligations in a timely manner, <br />however, the state has been totally negligent in performing <br />its obligation under this contract, as follows: <br />1. Notice of award was not given within the 4 days stated <br />in special conditions. <br />2. The State has failed to pay promptly as required by the <br />General Conditions (1993) and terms of the Purchase Order. <br />3. The State failed to stake the enter limits of grading <br />areas. This caused great expense to CWL. <br />4. The State was required to furnish seed within 5 working <br />days notice. CWL 'notified John Nelson on May 20th that we <br />would need seed in 5 days. It should have been delivered <br />the 26th. Mr. Nelson delivered the first of the seed, 55 <br />sacks (55 acres), June 12th and the last 6 sacks (6 acres) <br />on July 5th. (Note that the Division of Minerals & Geology <br />"DMG" is now trying to assess liquidated damages against CWL <br />for late completion.) Also in Sandra Browns decision she <br />confused the start of the revegitation phase with seeding. <br />Soil prep comes before seeding. Seeding is not the first <br />part of the revegitation phase. <br />5. The State was to furnish equipment rental records to <br />CWL. CWL did not receive these until it asserted claims at <br />our meeting in Denver on September 26th. <br />2 <br />