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• ~~~ • ~~~.~ Item # 4 Amorort -,8315.00 Without tg gmdeg we built a creek crossir{g at the estrnrne South end of this project to our own convenience There was no vegetation there at such time At the completion of worly specifications as the other areas in the coruract, which was a better condition than before constnuxion. T7ds area was included in the 75 acres to 6e reclaimed to the Bid Doa~ments. John Nelson asked me to build three water bars at this area I told him that this war a clwrtge, and that if he wanted water bars, he would be required to pay for them. When I was off the site he had an employee of mine do this work It took 31/2 hours to walk the dozer there and build the water bars and return. We didnY remove arty trees or brush or change grades in association with ow work in this area. The demobilization clause in the Special Conditions states that "additional frnal grading shall be accomplished, if needed to reduce steep slopes." The water bars actually increased the steepness of this slope. I' have requested a change order for this worly but it has been denied. This item is as of yet, still tutbilled Response: Amendment Number 1 to RN-MINES-322 dated January 12, 1994 item 8, "As clarification, the undisturbed drainage located on the extreme south end of the East Pit shall not be disturbed or regraded Grading shall proceed from where the highwall commences on the extreme south end of the East Pit and extend north into the Pit. Please note that the large size maps do show this undistwbed drainage area to require grading which is not the case " The OWNER was very clear in not wanting any disturbance in this area. The Bid Invitation Special Conditions Task 1 states that'The CONTRACTOR shall exercise caution during mobilization, performance of all work tasks, and demobilization in order to avoid damage to public and private property including, but not limited to, pavements, soils, vegetation, water supplies, fences, walls, structures, existing sediment ponds, landscaping, etc. The CONTRACTOR shall repair and restore public or private property damaged during the work at his expense. "The CONTRACTOR shall be fully responsible for any and all damage to property caused by his equipment or personnel. The CONTRACTOR shall ensure that the job site is restored to original or better condition and that the PROJECT MANAGER accept that the work is complete." Further under the Demobilization heading, "'T'his item shall include all labor, equipment and costs associated with demobilization and clean-up of the work site to its original or better condition........Additional final grading shall be accomplished, if needed, to reduce steep slopes and contour on the project site areas not specifically addressed in the work plan" The water bars were necessary to protect water from channeling down a cut slope which the contractor created in an area he was specifically instructed not to disturb. 10