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OINMD <br />ENGINEERS • ARCHITECTS • PLANN 3iS <br />July 26, 2006 <br />Mr. Mark Allen <br />Park Construction Company <br />500 73rd Avenue Northeast, Suite 123 <br />Minneapolis, Minnesota 55432 <br />Re: Directional Boring Extra Costs <br />Tablyn Heights — Watermain Extension <br />City of Lake Elmo, Minnesota <br />=A Project No. 13524.000 <br />Dear Mr. Allen: <br />In response to your letter of July 24, 2006, we have determined the following: <br />EEIE <br />�U�� <br />1500 Piper laffray Plaza <br />444 Cedar Street <br />Saint Paul, MN 55101-2140 <br />(M) 292-4400 <br />(651) 292-00S3 Fax <br />www.tkda.com <br />The City has requested that you stop dumping excess drilling fluids on park property located off <br />26th Street. The specifications designated this area for the stockpiling of reclaimed aggregate material only. No <br />other use of this site was. given in the specifications (Section 01010-2.D). The fact that the City allowed the <br />storing of equipment and watermain materials should not have been construed as percussion to dump excess <br />drilling fluids there. The fact that your subcontractor continued to dispose of material there, after being specially <br />asked not to dump there, resulted in the enforcement action being taken. <br />The specifications specifically call out that the contractor is responsible for disposal of drilling fluid and spoils <br />(Section 02665-3.08). This is notice that the City does not want ownership, either temporarily or permanently, of <br />these materials. <br />Only the City Council can approve a change order for additional costs on this project. They do not meet again <br />until August 3, 2007. You may ask for additional compensation at that time, however, the City staff will not be <br />supporting your request. <br />We will remind you that the completion dates for this project are very important. We would not like to see the <br />project delayed as a result of your misinterpretation of the plans and specifications. If you fail to maintain <br />adequate progress on this project, we will notify your bonding company and terminate this contract for cause. <br />Please call me if you have any questions at 651/292-4463. <br />r <br />Thomas D. View, P. E. <br />Project Manager <br />TDP:cme <br />Enclosure <br />cc: Marty Rafferty <br />Jerry Filla <br />An Employee Owned Company Promoting Affirmative Action and Equal Oppordtno <br />