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Conditions Task 1-Demobilization, 'This item shall include all labor, equipment, and costs associated with demobilization and clean-up of the work site to its original or better condition. All equipment and supplies, materials, and debris related to this project will be removed from the site upon completion." Further, Task 1 states "Additional final grading shall be accomplished, if needed, to reduce steep slopes and contour on the project site azeas not specifically addressed in the work place" Based upon the CWL picture of the disturbance shown to Jim McArdle, evidence provided by CWL, it was uncleaz to the Owner how much disturbance was actually caused by CWI.. The Magpie equipment yazd spill was reconsidered in the Owner's October 7, 1994 letter and CWL was paid $90.00 per invoice 9 for one hour of dozer time. The spill was so minor that 1 how of dozer time is adequate. The Owner does not believe that additional payment is due the Contractor. FINDING: In my meeting with Mr. Mease, he said the azea he graded was 100' X 50'. The IMP representatives concurred with this estimate. Using the TD-25 dozer, one hour should be adequate to doze this azea. CWL billed for one hour of dozer on November 1, 1994 and has been paid. No additional payment is due. Item # 4 Amount -,8315.00 Without changing grades, we built a creek crossing at the extreme South end of this project to our own convenience. There was no vegetation there at such time. At the completion of work, specifrcations as the other areas in the contract, which was a better condition than before construction. This area was included in the 75 acres to be reclaimed in the Bid Documents. John Nelson asked me to build three water bars at this area I told him that this was a change and that if he wanted water bars, he would 6e required to pay for them. When I was of j the site he had an employee of mine do this work. It rook 31/2 hours to walk the dozer there and build the water bars and return We didnY remove arty trees or brush or change grades in association with our work in this area The demobilization clause in the Special Conditions states that additional final grading shall be accomplished, if needed to reduce steep slopes." The water bars actually increased the steepness of this slope. I have requested a change order for this work, but ii has been denied. This item is as of yet, still unbilled Response: Amendment Number 1 to RN-MINES-322 dated January 12, 1994 item 8, "As clarification, the undisturbed drainage located on the extreme south end of the East Pit shall not be disturbed or regraded. Grading shall proceed from where the highwall commences on the extreme south end of the East Pit and extend north into the Pit. Please note that the lazge size maps do show this undisturbed drainage area to require grading which is not the case." The Owner was very clear in not wanting any disturbance in this area. 12