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• i The rock remaining onsite is largely over-sized waste rock, which the OWNER may have to pay to have removed. Drawings 3 and 4 of the Special Conditions specify that the maximum diameter of riprap shall be 15 inches for and i2 inches for the different types of drop structures. Three separate "stockpiles" of riprap are present at the north end of the East Pit, and comprise approximately 165 cubic yazds, by measurement. North to south they aze as follows: • Stockpile #1: approximately 50 cubic yards, all oversize (15"+) rock mixed wiW approximately 25 percent pit run sand and small rock. • Stockpile #2: approximately 70 cubic yards all oversize (15"+) rock. • Stockpile #3: approximately 45 cubic yazds, 90% of which falls within specifications of 8"-15" diameter, and could be used to complete the riprap portion of Chen's Hill Ditch. "Stockpiles" #1 and #2 aze considered waste material by the OWNER and should not have been left at this location without prior authorization. The OWNER may have to pay to contract future work to remove this waste rock if the landowner objects to its presence. Item # 12 Amount - $40.000.00 The fast stoclSPile of topsoil just north of Chen's HiU extended six foot below all the sumvunding areas It was 200 feet wide by 300 feet long. We excavated, hauled and placed this soil at a cost of $3.00 per cubic yard At the September meeting between John Nelson, Dave Buckram, lim Mc4rrlle and myself, they acknowledged that this constituted a change of conditions. At this meeting we also mutually agreed that $3.00 per cubic yard was the actual cost of placing topsoil on this project. With this claim, CWG requests to be paid for thrs change of conditions. Response: The CONTRACTOR was required to remove the topsoil growth medium stockpile. The CONTRACTOR stated that he would obtain all available topsoil from this pile location. At no time was there a mutual agreement that the CONTRACTOR would be paid $3.00 for moving this topsoil. At the September meeting between Preston Mease, Dave Buckram, Jim McArdle and John Nelson, there was no acknowledgement that this constituted a changed condition, or that $3.00 per cubic yazd was the actual cost for placing topsoil on the project. No field directive and change order was made for this item The CONTRACTOR never measured the depth with Division representatives or discussed that there was a problem at this site. DMG was not aware of any claim for additional payment from the contractor until the claim letter of November 14, 1994, a full four months after the contractor demobilized from the site. The Division cannot substantiate any portion of this claim. 18