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i <br />Colorado West Leasing <br />Page 3 <br />E. Item 5 -Interest - $550.00 <br /> <br />1. Interest is not due on retainage and improper billings. After examination of the <br />contractor's second invoice, it is difficult to understand allegations that CDMG has <br />withheld retainage twice. Retainage is held for all items for the duration of the <br />project as described in Paragraph #29, p. 11 of the General Conditions. A request, <br />via an invoice of 2/27/94, for release of retainage on mobilization could therefore not <br />be honored. The remainder of your invoices have been processed in a timely fashion. <br />No interest is due. <br />F. Item 6 - 30 Minutes of Av Time - $42.00 <br />1. The contractor included as a portion of his bid Item #12, Pazagraph "B", channel with <br />erosion mat and riprap. This would indicate a knowledge of cost and source for the <br />erosion mat in order to prepaze a bid. There will be no payment for this item. <br />G. Item 7 -Concrete Structure - $36.00 <br />The project manager did ask an employer of the contractor to expose a portion of a <br />concrete structure and the Division of Minerals and Geology will pay for this item, <br />$36.00, upon receipt of an invoice. <br />H. Pending Issues Regarding a Destroyed Tree and Lost Topsoil <br />The Ponderosa Pine was located in a reclaimed azea north of Chen's Hill. This <br />revegetation was done by the previous operator, G.E.C., Inc. approximately seven <br />years ago. The contractor was told to avoid damaging any obviously reclaimed areas <br />such as this. The contractor is responsible under Task #1, Paragraph #2 of the <br />Invitation and Bid to restore the job site to original condition. Estimated replacement <br />cost of the uee is $200.00. <br />2. During the course of reducing Chen's Hill approximately two acres of reclaimed land <br />was covered with coal overburden spoil. At 6" thick this amounts to 1613 cubic yazds <br />of topsoil not recovered prior to burial. Amendment Number 1 to RN-MINES-322, <br />dated 1/12/94, Item #2, Paragraph #2 requires the contractor to strip and stockpile <br />topsoil from previously reclaimed areas for later replacement. This topsoil has not <br />been replaced to date and is still due THE OWNER. <br />3. During We initial reduction of the southeast corner of the East Pit highwall, on <br />3/2/94, one of the cats was observed shoving "B" horizon into the pit. This was <br />observed by Dr. Corley, J. Nelson and W. Colgate. After instructing the operators to <br />save the "B" horizon an inspection was made of the topsoil stockpile saved from the <br />first adjacent cut into the highwall on 3/1/94. Some of the top foot of dark soil had <br />been saved, however, no "B" horizon was present. This area was approximately one <br />acre at 1 1/2 feet thick, a total of 2419 cubic yazds. Amendment Number 1 to RN- <br />MIIJES-322, dated 1/12/94, Item #8, Paragraph #1, describes the proper topsoil <br />