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<br /># 4 <br /> <br />These water bars were not outside of the boundries. CWL did <br />not cause damage, we were reclaiming an abandoned mine. We <br />were required to put it to a like or better condition, which <br />CWL did. DMG wanted a different condition. CWL demands to <br />be paid for this additional work. The bid specifications <br />and general conditions have requirements for work done in <br />staging areas and water bars are not mentioned in any part <br />of these requirements. <br /># 5 <br />CWL does not claim that the work was completed. We did make <br />substantial efforts toward completion of this work. The DMG <br />employees admit that a bench was built near the south end to <br />the east pit, and later removed, We demand to be paid for <br />this work. All of our efforts were before the deletion <br />change orders. I also had cellular phone bills where we <br />made calls to get the right fabric for erosion control. DMG <br />has not paid for the section of ditch that was to be riprap. <br />CWL did additional grading in this section of ditch at DMGs <br />request. This section of ditch required approximately 150 <br />cubic yards (CY) of D max 12 inch rock. We made an effort <br />to make this rock in the south end if the trench on the <br />bench built specifically for this. Our efforts were <br />unproductive there, so we went to the north end of the <br />trench to produce rock. DMG is billed for this in item #11. <br /># 6 <br />The drawings were only vague to DMG employees. I have never <br />been approached about a mutual agreement. Nor have I agreed <br />to share in the cost. Three DMG employees interpreted the <br />drawings one way, two DMG employees, including the person <br />who drew them, interpreted them the way all of the <br />construction personal in the field did. CWL is not asking <br />to be paid for the work that was allegedly done wrong. I <br />believe the state has already agreed to pay for that, and <br />has. CWL is asking to be paid for the structures that were <br />partially done (the ones that had to be disassembled, turned <br />around and re-assembled). <br /># 7 <br />CWL does not contend that it was required to provide the 50 <br />additional CY. CWL did this of its own volition to make the <br />job easier. It was built to specifications originally. For <br />this work CWL wants to be paid the $1000.00, originally bid. <br />Some of this may of been already paid. The other $800.00 is <br />for going back twice to do additional work on this section <br />of the ditch. <br />6 <br />