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~~tf 3. The State failed to stake the outer limits of grading areas. This caused great expense to CK'L. Response: The Bid Invitation Special Conditions under Task 2-Chen's Hill Reduction, states that "The CONTRACTOR is solely responsible for determining and verifying the actual quantities to be moved in order to achieve the final reclamation objectives. The OWNER will stake the outer limits of grading where deemed necessary. No additional allowance above the price bid will be made due to problems encountered or quantities of material required to be moved to meet the performance standazds of this job." The OWNER did not deem it necessary to stake the outer limits of grading since the CONTRACTOR was shown the grading limits during the pre-construction meeting. Grading limits on the east side of the East Pit were walked with Preston Mease prior to the beginning of slope reduction. Dana Lamm and John Nelson walked the grading limits on several occasions during construction. Physical features such as revegetation grass rows, pinon and juniper trees and drainages served the purpose of delineating work azeas, and were good visual as well as physical markers. The CONTRACTOR was told to stay off of the previously-reclaimed areas unless first stripping the topsoil. With this in mind, no staking was necessary as the reclaimed azeas were obvious even to the casual observer. A photograph is attached. On May 16, 1994, a severely eroded area, east of the ditch leading from Energy Fuel's sediment pond was identified as being acceptable for mine spoil placement, after first stripping the topsoil. The lack of stakes has been CWL's azgument for damaging the previously-reclaimed and revegetated area located north of Chen's Hill, which was done for the convenience of spoil placement during the Chen's Hill grading. The final result of a lack of boundary staking was that the CONTRACTOR had more room to work and place excess spoil resulting from the Chen's Hill grading making this performance item easier for the CONTRACTOR. The staked boundary would have restricted the CONTRACTOR to a much smaller area to stockpile material on ~oK~/ 4. The State was mqui-ed to furnish seed within S working days notices CWL notified John Nelson on May 20th that we would need seed in S days. It should have been delivered on the 26th. Response: According to the Bid Invitation Special Conditions for this project, Task 14- Revegetation, "The awazded CONTRACTOR will notify the Project Manager two (2) weeks in advance of his notice to proceed with the revegetation phase of the project" As stated in the General Conditions #1, the Special Conditions take precedence over the General Specifications. Using CWL's seed request date of May 20, 1994, Friday, June 3, 1994 would have been the 14th day. 2