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<br />additional topsoil, even though I specifically informed them <br />in my May 16th correspondence that this pile was theirs and <br />not included in the lump sum topsoil prices and that if CWL <br />was direr_ted by DMG to move this pile, CWL would, only <br />under equipment rental, and at the direction of DMG. John <br />Nelson did direct me to use this topsoil in June. <br />To further substantiate my point, at the pre bid conference <br />Harry Ranney the DMG employee that I believe had done the <br />surveying for DMG and was answering al] the topsoil related <br />questions of the contractors stated that the large topsoil <br />stockpile at the extreme south end of the east pit (the one <br />identified on map 7) had well in excess of 60,000 cubic <br />yards in it. He said there was enough to do the entire 75 <br />acres 6" deep (acre=43560 square feet x 75 acres = <br />3,267,000 square feet x 1/2 foot = 1,633,500 divided by 27 = <br />60,500 cubic yards). <br />If the DMG wants to now change it's position on "Remarks and <br />Clarification given at pre bid meeting", I would like to <br />bill for some additional items Harry Ranney clarified <br />contrary to the contract. <br />The DMG assertion that the special conditions take <br />president, is flawed because the special conditions are <br />defined by map 7. Also there are plural topsoil stock piles <br />in the East pit area as we were required to stockpile <br />topsoil on the East side of the East Pit. <br />On 11-30-94 DMG did release $6,705.67 of the retainage. This <br />was not handled in a timely manner by them. Interest is an <br />issue still pending. <br />Item 0 2 AMOUNT - $180.00 <br />Was found in my favor. If I actually do receive this money, <br />this issue is resolved. <br />ITEM S 3 AMOUNT - $180.00 <br />Two hours of equipment rental TD-25 dozer at. $90.00, to re- <br />grade an area just off the road at the Magpie Division <br />Crossing. This area was just outside CWL's equipment yard. <br />On June 2nd, DMG and people form Energy Fuel Coal had a <br />meeting on the job to address the reclamation effect on <br />Energy Fuels mine. At that time Energy Fuels representative <br />asked Jim McArdle to Re-grade this area. Jim told him CWL <br />would. Jim later that day asked CWL to do this work. At <br />that time ] showed Jim pictures showing this was the <br />original condition in that area, not something we had done. <br />It was made clear to DMG that this work was not our <br />responsibility and if they required us to do work in this <br />area we would be paid for iC. John Nelson had my employee <br />do this work anyway when 1 was off the site. I have asked <br />5 <br />