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`~ • ~ III IIIIIIIIIIIIIIII ~ sss Colorado West Leasing 241 31-3/10 Road Grand Junction, CO 81503 May 16, 1994 Mr. James McArdle Senior Environmental Protection Specialist Re: GEC Project Dear Mr. McArdle, This letter is in response to your letter dated May 10, 1994. You are in error to state that "you (contractor) had a number of concerns that you felt were not adequately addressed in the GEC Project documents." The contract documents are clear as to what is required of the owner and what is required of us, the contractor. 1. I intend to move the topsoil stockpiles that were identified in the bid document and amendment. The stockpile in question in the Chens Hill area is, I believe, in excess of the 2,800 cubic yards that you assert, and is to be moved using equipment rental as outlined in the bid documents. 2. Concerning the stockpiled topsoils in the East Pit area, the contract documents identify stockpiles in Task 7, Task 9, and Task 13, for replacement. These stockpiles are identified on Map 7, and in Amendment 1, Item 8. The stockpile that you wish to now include is not identified in the Special Conditions, Map or Amendment 1. This topsoil is located on the west side of the east pit approximately 300 yards north of the identified topsoil. This is the same situation as the Chens Hill stockpile which is not identified, and which you acknowledge is not included in the lump sum topsoiling price. Your Special Conditions at the "Pre-Bid Meeting and Site Showing" section, clearly requires written amendment to the contract document for the documents to be changed. intend to move the stockpile in accordance with the contract, under equipment rental as directed by the project manager, not under the lump sums topsoiling prices. 3. We will drillseed to your specifications. TO ADDRESS YOUR CONCERNS A. We are clearly staying within contract requirements. The area to the North of Chens Hill is included in the 25 acres to be topsoiled and the 75 acres to be revegetated as outlined on the maps. The area in question was highly eroded and had little or no topsoil on it. It also was clearly understood that that was where the excess dirt from Chens Hill