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2335 Highway 36 W <br /> � St. Paul, MN 55113 <br /> Tel 651-636-4(00 <br /> Fax 651-636-1311 <br /> i �C,pC►1���� www.bonestroo.com <br /> �p,� - 5 20 <br /> �� <br /> � Bonestroo <br /> December 28, 2010 <br /> Bob Voilhaber <br /> Forest Lake Contracting �� -- , �- � �� <br /> 14777 Lake Drive � i , _ ' - ' <br /> , � '� � � �' � .� ; � <br /> Forest Lake, MN 55025 (; ,� ` ; <br /> ;' �� � DEC 3 � 2010 '' <br /> Re: Peltier Lake Drive Area Street and Utility Improvements '`'��' `��' � <br /> City of Centerville � . � <br /> � : -- --- <br /> Client Proje�t No.: 2009.01 ° .- - ° -�----�-- �.�_��� � <br /> Bonestroo Project No.: 000616-09169-0 <br /> Dear Mr. Vollhaber: <br /> On October 22, 2010, we sent a letter to your office accompanying the final pay request for your <br /> signature. The letter addressed our stance on several items including liquidated damages and <br /> the Ciearwater Drive Work Change Directive. In an email to the City's finance director, dated <br /> December 10, 2010, you stated that you continue to take issue with four (4) items. Those items <br /> were: <br /> 1. Rain Garden pay quantity discrepancy- need to agree on final quan�ty <br /> 2. Clearwater Drive improvements (Work Change Direcdve): City has paid oniy 25% of cost of <br /> improvements- FLC requests payment in fuil less $980 <br /> 3. Payment for moneys withheld as Liquidated Damages <br /> 4. Payment of interest charges on late partiaF payments <br /> The following are our positions on each of these outstanding issues. <br /> Rain Garden Pay Quanti Discrepancy <br /> The contract documents clearly indicate in Section 02935 — 3.07.A: <br /> "Bid Items have been provided for Construct Rain Garden. Measurement shall be by the square foot as <br /> measured at the "overtiow" line of the Rain Garden. Payment shali incfude all Work, materiai shown on the <br /> drawing details, preparation, placement, maintenance, and guarantee and replacement indicated in the <br /> Drawings and this and all directly associated Sections." <br /> The quantities shown on the final pay request represent our measurements of the rain gardens <br /> by the square foot at the overflow line. This is the specified method of ineasurement for this <br /> item. These measurements were taken by either Chris Long (Bonestroo) or Greg Burmeister <br /> (City of Centerville) during the project as the areas were marked in the field. Additionally, we <br /> have verified these numbers by examining the record plans created by surveying each rain <br /> garden in detail as required by the Rice Creek Watershed District. <br /> i <br /> , 14 <br />