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<br /> <br />[1119.3 section Equipment Rental Documentation Item C] <br />6. Special Conditions state the project manager is <br />available during regular business hours 8:00 a.m. to 5:00 <br />p.m., weekdays. I called 7 working days in a row one time, <br />5 working days in a row another time and 3 working days in <br />a row several other times. I couldn't get through to .John <br />Nelson on any of these times, and he didn't return my calls. <br />Also Mike Long fails to return calls. <br />7. The State failed to inspect the work promptly as <br />required by the General Conditions 1993 1130 Acceptance and <br />Final Payment: "Within ten days after the CONTRACTOR'S <br />declaration of completion of the work, the OWNERS will make <br />a final inspection of the work to determine whether the Work <br />has been completed in accordance with the purchase order <br />contract and collateral documents. If any punch-list <br />results from such final inspection, the CONTRACTOR shall <br />promptly rectify all items appearing thereon." We completed <br />all work on July 12th. DMG inspection was dated July 25th. <br />As the result of CMG's failure to promptly inspect, Item 115 <br />on final inspection was in error. We built this ditch to <br />specification. Heavy rains washed sediment down and covered <br />the riprap. We hand placed more riprap on August 9th. I <br />don't know when this was inspected, but it also was covered <br />with mud. I was later informed that it was still not <br />adequate. I then had an employee go place more riprap. He <br />said heavy rains had eroded the end of the channel away and <br />some riprap had washed away. On October 6th I was informed <br />that it still wasn't acceptable, and that on top of the <br />erosion of the rock, the other part of the ditch was full of <br />mud and that it was running into the Energy Fuel Coals <br />sediment pond. <br />8. The State has also failed to advertise for final <br />settlement, as required by the Genital Conditions 1993 1130. <br />9. A field directive was signed 2-26-94, by John Nelson and <br />the undersigned. The contract requires a change order to be <br />issued within 14 days of such field directive, and CWL could <br />not bill until the change order was received. CWL did not. <br />get a change order until 5-23-94 <br />CWL is entitled to be paid for the following items, some of <br />which are damages, some of which are unpaid bills and some <br />of which are a combination. <br />ITEM 11 1 AMOUNT - $49,530.94 <br />This claim is for line items and retainage billed to date <br />but as yet unpaid, and for hourly equipment rental for <br />additional work. This hourly equipment rental time was used <br />(a) to move three piles of topsoil, (b) to rip the areas <br />3 <br />