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~~ <br />Colorado West Leasing <br />Page 4 <br />stripping procedure. This subsoil (growth medium) has not been replaced to date and <br />is still due THE OWNER. <br />Between these two incidents a total of 4032 cubic yazds of topsoil and growth <br />medium was wasted, and is still due THE OWNER. <br />I. Liquidated Damages and Punch Last <br />The original date for completion of the GEC Project as stated by the Invitation and <br />Bid, and Notice to Proceed, was May 23, 1994. This date was extended 28 days to <br />accommodate weather related delays and was re-set at June 20, 1994. 'T'his date was <br />further extended 15 days to accommodated machine time necessary to topsoil Chen's <br />Hill and the final date set at July 5, 1994. Actual completion was on July 12, 1994 <br />resulting in 7 days of liquidated damages or $2100.00. This amount will be retained <br />by THE OWNER upon final settlement. <br />2. All items on the punch list have been completed to the Division of Minerals and <br />Geolog)rs satisfaction except proper riprap placement in Chen's Hill Ditch. The <br />amount of rock on the bottom of the ditch is unacceptable as observed by the project <br />manager and Coal Program personnel This will need to be corrected within 10 days <br />of receipt of this certified letter to avoid notification of the bonding company. <br />Lf you have any questions about any of the above statements please call at (303) 866-3567. <br />Sincerely, <br />John Nelson <br />Project Manager <br />cc: Mr. Steve Brown <br />Assistant Attorney General <br />CERTIFIED MAIL NO. P 296 602 765 <br />Return Receipt Requested <br />m:\imp\ylb\john.ltr <br />