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The road was not constructed as instructed, and was rejected by the Project Manager which is the OWNER'S right for unacceptable work. The road was constructed with either 0 percent grade or banked to the outslope. Final grade was set onsite by the PROJECT MANAGER with the CONTRACTOR for a reverse fall of 2 percent toward the upslope ditch. Standard practice for aU road construction is to consider water flow. Failure to consider road grade could result in road failure or an impassible road within a short period of time, in fact without consideration of final grade, the "road" is nothing more than a haphazard dozer cut on a hill. The CONTRACTOR was paid to reestablish a road as staked by the PROJECT MANAGER, not simply install a dozer cut. The CONTRACTOR is not entitled to a~ additional money for this roadwork. Item # 3 amount - 180.00 ~'~C Two hours of equipment rental TD-25 dozer at $90.00, to negrude an area just off the road at the Magpie Division Crossing. This area war just outside CWG's equipment yard On June Znd, DMC and people from Energy Fue! Coal had a meeting on the job to address the reclamation effect on Energy Fue[s mine At that time Energy Fuels representative asked lim McArrlle to re grade this area lim told him CWL would Jim Dater that day asked me to do this work At that time I showed Jtm pictures showing this was the origuur! condition in that area, not something we had done. It was made clear to DMG that this work was not our responsibility and if they required us to do work in this area, we would be paid for it John Nelson had my employee do this work when I was off the site I have asked for a change order on thig but it also was denied, and as of yet it is un-billed Response: Construction Activity near Magpie Creek and the staging area resulted in coal overburden spoil covering a small portion of undisturbed ground, south of the road, on Energy Fuels permitted road right-of-way. The contractor was asked to grade and topsoil this area. This work was covered under the Bid Invitation Special Conditions Task 1- Demobilization, 'This item shall include all labor, equipment, and costs associated with demobilization and clean-up of the work site to iu 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 plan." Based upon the CWL picture of the disturbance shown to Jun McArdle, evidence provided by CWL, it was uncleaz to the OWNER how much disturbance was actually caused by CWL The CONTRACTOR invoiced for one hour of dozer time (invoice 9) for clean-up of the spill. This has been paid by the Division. One hour of dozer tune is adequate for this minimal amount of work. No additional payment is due the CONTRACTOR.