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-: <br />The balance owed for the retainage and these additional <br />charges is $56,236.61. On August 26th I met with John Nelson, Jim <br />McCardle and Dave Bucknam to discuss this and ask for <br />clarifications as to what was paid and what wasn't paid on my <br />invoices. They could not explain at the time, as it proved to be <br />unclear to them also. I later received in the mail, copies of my <br />invoices marked up and a spread sheet of line items that did not <br />add up. These documents cannot be interpreted, but it appears that <br />none of the hourly equipment rental that occurred after June 14 was <br />paid. Also all of the retainage on this job is still being held. <br />ITEM # 2 AMOUNT - 5180.00 <br />Two hours TD-25 dozer at $90.00 per hr. to slope the new road <br />thru the north end 2~ into the hill. This requires a change order <br />as it was not required in the Bid Documents or Contract. I have <br />asked for a change order on this but it was denied, and as of yet <br />it is unbilled. CWL was asked verbally to do this and again in the <br />final inspection and certification of completion form. The <br />original road thru this area had no particular slope in or out. It <br />was just a rough mine road full of ruts and rocks. <br />ITEM # 3 AMOUNT - 5180.00 <br />Two hours of equipment rental TD-25 dozer at $90.00, to re- <br />grade an area just off the road at the Magpie Division Crossing. <br />This area was just outside CWL's equipment yard. On June 2nd, DMG <br />and people from Energy Fuel Coal had a meeting on the job to <br />address the reclamation effect on Energy Fuels mine. At that time <br />Energy Fuels representative asked Jim McArdle to re-grade this <br />area. Jim told him CWL would. Jim later that day asked me to do <br />this work. At that time I showed Jim pictures showing this was the <br />original condition in that area, not something we had done. It was <br />made clear to DMG that this work was not our responsibility and if <br />they required us to do work in this area, we would be paid for it. <br />John Nelson had my employee do this work anyway when I was off the <br />site. I have asked for a change order on this, but it also <br />was denied, and as of yet it is unbilled. <br />ITEM # 4 AMOUNT - S315.00 <br />Without changing grades, we built a creek crossing at the <br />extreme South end of this project for our own convenience. There ~+y5 <br />was no vegetation there at such time. At the completion of work, <br />we removed the crossing and reclaimed this area to the same <br />specifications as the other areas in the contract, which was a <br />better condition than before construction. This area was included <br />in the 75 acres to be reclaimed in the Bid Documents. <br />- 4 - <br />