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<br />about still was not satisfactory. I offered at that time to <br />come and fix it. He declined, he stated that DMG would <br />probably have to do something different with the ditch to <br />make it work. DMG in effect had released CWL and should <br />have advertised for release of retainage immediately after <br />the July 25 date and if not then, by the October 6 date when <br />they knew they weren't going to do any more with the ditch. <br />Monitory claim items <br /># 1 <br />The retainage is claimed, I claim it, it belongs to CWL, we <br />earned it. <br />Regarding the riprap pile that was left, no where in the <br />contract does it require CWL to remove this from the site. <br />It should be treated like all other rock on the site, which <br />is to be left at a 3:1 or flater slope. (There are other <br />large piles of rock left behind, DMG didn't require anything <br />special with these.) If DMG wants them removed or even <br />moved around on the site it will require a change order. I <br />have made several offers to go back and work on the ditch in <br />question, DMG has declined that offer. DMG cannot <br />substantiate their assertion that the topsoil was lost into <br />the pit. It was not. <br />CWL has not been paid fully for topsoilinq in the Chens hill <br />area. The equipment rental records in the invoices are <br />included again to show you this. <br />The small pile near the east pit may be mute to you but it <br />is not to CWL, as CWL has not been paid for this work. <br />Equipment rental record and invoices are included again to <br />show you this. - <br />The third pile of topsoil was used primarily in the north <br />end and the west slope areas at the direction of DMG. (They <br />wanted to get the slopes that faced Energy Fuels Mine done <br />first.) Regardless of where it was used it was not included <br />in the bid documents to be redistributed under lump sum <br />prices. This was the only topsoil the state knew they had <br />but didn't include in the lump sum topsoiling prices. That <br />only leaves hourly equipment rental as outlined in the bid <br />documents, to distribute this pile. <br /># 3 <br />The state has not paid anything for this claim. They have <br />paid one hour to close an old road through the north end <br />area. DMG still owes $ 180 for this work. <br />5 <br />