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<br />• • iii iiiiiiiiiiiu iii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Roam 215 <br />Dem-er, Colorado 80?03 <br />Phone: 13031 866-3567 <br />FAX 1303) 83?-8106 <br />October 7, 1994 <br />Mr. Preston Meese <br />Colorado West Leasing <br />241 31 3/10 Road <br />Grand Junction, Colorado <br />/(,/ <br />'/ ~~ <br />~~~-. _ ~ <br />V <br />81503 ~~ <br />RE: GEC Project\RN-MINES-322. ,~ t ~ ~ <br />~~//Ji~y <br />~ <br />r~,/ <br />(% <br />Dear Mr. Meese: j I ~~`I <br />% <br />/~ <br />[~' <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />RaY Romer <br />Governor <br />lamps 5. Luchhead <br />E%eNlive Di RCIOr <br />Michael B. Long <br />Division Director <br />Thank you for meeting with Dave Bucknam, John Nelson and me on <br />September 26 to discuss your claims for payment on disputed work <br />items and to provide additional reasons why you feel that your <br />claims are justified. After the meeting, Dave, John and I <br />sharpened our pencils and considered the merits of each of your <br />claims. The following outline addresses each of your claims, as <br />you have made them known to us, and provides our reason for <br />adjusting in your favor or denial of the claim: <br />1. East Pit Topsoil Pile containing approximately 5900 cubic <br />yards. <br />a. Colorado West Leasing feels justified in <br />claiming additional compensation for moving <br />this pile due to an error in the map and a <br />personal belief that this pile would be moved <br />using hourly equipment rental possibly to be <br />used on Chen's Hill. <br />b. The Division acknowledges that the map <br />portrayed topsoil stockpiles as a single <br />circle, both on the north end of Chen's Hill <br />and the East Pit area. All contractors who <br />visited the site during the prebid were shown <br />multiple topsoil piles at both locations. The <br />two known topsoil stockpiles at the East Pit <br />area were shown to all contractors during the <br />prebid meeting and were escorted to each East <br />Pit topsoil pile during our walk and <br />discussion of the project. At no point did <br />our Division ever state that the Contractor <br />only had to move a single topsoil pile or <br />imply that these piles would be moved using <br />hourly equipment rental. Please refer to the <br />