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<br />Physical features such as revegetation grass rows, pinon and juniper trees and drainage <br />served the purpose of delineating work areas, and were good visual as well as physical <br />markers. The CONTRACTOR was told to stay off of the previously-reclaimed areas unless <br />first stripping the topsoil. With this in mind, no staking was necessary as the reclaimed <br />areas were obvious even to the casual observer. A photograph is attached. On 5-16-94, a <br />severely eroded area, east of the ditch leading fiom Energy Fuel's sediment pond was <br />identified as being acceptable for mine spoil placement, after first stripping the topsoil. The <br />lack of stakes has been CWL's argument for damaging the previously-reclaimed and <br />revegetated area located north of Chen's Hill, which was done for the convenience of spoil <br />placement during the Chen's Hill grading. <br />The final result of a lack of boundary staking was that the CONTRACTOR had more room <br />to work and place excess spoil resulting from the Chen's Hill grading making this <br />performance item easier for the CONTRACTOR. The staked boundary would have <br />restricted the CONTRACTOR to a much smaller area to stockpile material on. <br />FINDING: Mr. Mease had contacted the IMP in an effort to have the perimeter <br />boundaries marked. The IMP did not mazk them as requested, however as explained in <br />their response, they felt it was to Mr. Mease's advantage not to have them marked. <br />It is my opinion that if Mr. Mease wanted the perimeter marked, the IMP should have <br />followed through on this request. The State was negligent in not marking the boundaries. <br />4. The State was required to famish seed within S working days notice. CWL notified John <br />Nelson on May 20th that we would need seed in 5 days. It should have been delivered <br />on the 26th. <br />Response: According to the Bid Invitation Special Conditions for this project, Task 14- <br />Revegetation, "The awarded CONTRACTOR will notify the Project Manager two (2) weeks <br />in advance of his notice to proceed with the revegetation phase of the project." As stated <br />in the General Conditions #1, the Special Conditions take precedence over the General <br />Specifications. Using CWL's seed request date of May 20, 1994, Friday, June 3, 1994 would <br />have been the 14th day. <br />However, the OWNERS records indicate that May 26, 1994 was when the seed was <br />requested. Thursday, June 9, 1994 would have been the 14th day. Seed was delivered to <br />the Project at 12:30 PM on June 13, 1994. Bill Colgate and the Project Manager unloaded <br />the seed into CWL's dump truck and covered it with a tarp. No fertilizer, which is required <br />before and during seeding operations, was delivered to the site until June 22, 1994. Seeding <br />did not commence until June 23 1994. The seed drill initially did not work because it lacked <br />an agitator in the seed bin. The seed drill agitator was installed on June 24, 1994 and <br />seeding commenced. <br />We believe that no delay or extra cost was incurred by CWL by the State's delay of 4 days, <br />3 <br />