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<br />Dennis Larson <br />2 <br />i <br />April 26, 1995 <br />• 6/28 - 8 hours of scraper time CWL says was on East Pit Yard Pile (small <br />topsoil pile) John Nelson's field notes from 6/28/94 and 6/29/94 (attached) <br />indicated that the topsoil pile on the west side of the East Pit was completed on <br />6/28/94. The area was then ripped with the D-7 as required by the revegetation <br />specifications. Work on the East Pit Yard Pile (the small topsoil pile) was begun <br />and finished on 6/29/95. DMG did not pay for any time on 6/28 because it was <br />spent on the disputed topsoil pile and on revegetation, which were paid for under <br />other bid items. <br />• CWL says 50% only of the East Pit West Side topsoil pile was used on East Pit, <br />and the rest on other locations. According to John Nelson, the East Pit West <br />side pile was the second-to-last pile to be moved. The topsoil was spread from <br />the pile location working north. When spreading operations got as far north as <br />the staging area, which is still in the East Pit, the topsoil had run out. At this <br />time, the small topsoil pile in the staging area (the East Pit Yard Pile) was <br />discovered and moved. <br />• Retainage. CWL's arguments about the order of precedence of documents are <br />irrelevant. It is stated in writing on the Purchase Order that retainage will be <br />held at 10%. This has been DMG's standard procedure since 1981 when we first <br />began reclamation work. <br />I discussed the legality of holding 10% for the entire duration of our projects <br />with David Kaye last Monday and he advised me that it is within the law, <br />particularly since it is stated in the contract documents. <br />12. CWL claims that afootball-field-sized hole, six feet deep was excavated under the <br />Chen's Hill Topsoil Pile. We have found no evidence of this on the aerial <br />photographs. This issue will be investigated in the field on Thursday. <br />11. How much work associated with the drop structures was actually deleted? Each <br />drop structure required 11.1 cubic yards of riprap, Nine structures were deleted, so <br />the total amount of riprap in the deleted drop structures is 100 cubic yards. CWL <br />has been paid $1170.00 by Sandra Brown's decision, $450.00 for the riprap in <br />Stockpile #3 which meets specifications, and $720.00 for 8 hours of 'dozer time to <br />produce and haul riprap. Ms. Brown also paid $900.00 under CWL claim # 5 for <br />construction and removal of a bench to search for riprap. <br /> <br />