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<br />seedbed prior to seeding, or for any other reason. The OWNER does not believe that the <br />CONTRACTOR is due this money. <br />FINDING: In the Special Conditions under Tasks #4, 7, 9, and 13 of the bid document the <br />work description states, "Topsoil/growth medium must be replaced evenly over the entire <br />site disturbance to a depth of 6 inches". The term growth medium was used because TMP <br />knew topsoil was in short supply. During the course of the project CWL expressed concern <br />regazding the poor quality and rocky conditions of the growth medium in certain areas. In <br />a letter dated May 10, 1994, the IMP gave CWL the option of broadcast seeding a portion <br />of the site, at CWL's expense for the extra seed if CWL was concerned about equipment <br />damage. CWL did not pursue this option and went forwazd with drill seeding. <br />There in no evidence to support this claim. No additional payment is due. <br />Item # ll Amount - 55500.00 <br />CWL quarried and stockpiled a large quantity of riprap to be used in the East Pit Channel <br />Reconstruction (Bid schedule item #12D, drop structures, task 12). Some of this u still <br />stockpiled on site. Altogether, 9 structures were deleted of IS to be completed according to the <br />contract. Claim Item #5 above addresses 3 of the 9 deletions This claim is for the work to <br />quarry riprap for deleted work (6 or more structures), along with compensation for the extra <br />riprap CWL placed rn the 6 structures built and the nurdown area at the far north end of the <br />channel <br />John Nelson asked CWL to use the extra riprap in the structures CWL had built and place some <br />at the North end of this channel where the channel ran out of the project area He indicated <br />at the time he would pay for this work At other times he balked when asked for compensation. <br />CWL placed some of this extra rock in the structwe built. Also some was placed at the North <br />end of the channel where it erns out of the project. <br />Please see the estimated quantities clause of the General Conditions. CWL demands to be paid <br />for the portion of the deleted work that CWL did prior to it being deleted, also for the extra <br />work that John Nelson requened <br />Response: The PROJECT MANAGER never agreed to pay the CONTRACTOR for the <br />rock which is not present on site. The rock was a by-product of reducing the East Pit <br />Highwall, and was not "quarried". <br />The PROTECT MANAGER never agreed to pay for extra rock placed in drop structures <br />in the north end dam or in the erosion gully. The Contractor had excess oversize rock and <br />the Contractor voluntarily placed some of the excess riprap in the drop structures. John <br />Nelson suggested putting some of it at the north end dam in an erosion gully. This was <br />21 <br />