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2335 Highway 36 W <br /> • St. Paul, MN 55113 <br /> Tel 651-636-4600 <br /> Fax 651-636-1311 <br /> � www.bonestroo.com <br /> December 28, 2010 -� � Bonestroo <br /> s � <br /> �N��� <br /> Bob Vollhaber <br /> � Forest Lake Contracting ��N _ 5 2011 <br /> 14777 Lake Drive <br /> Forest Lake, MN 550Z5 � T: ;, '�i; <br /> ,. <br /> k�, i, , <br /> f , ; _.. _ �; �, <br /> Re: 2009 Street Improvements �� �� � i� ir <br /> City of Centerviile t; ;; DEC 3 0 2010 I;; ;; <br /> �. _. � <br /> Client Project No.: 2009.02 g � <br /> ._ <br /> Bonestroo Project No.: 000616-09170-0 _ --� <br /> -- ---__------- ' <br /> �_=�,= _—� . _ _ _._ . . . .___ _,..�.? <br /> Dear Mr. Volihaber: <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 liquidated damages. In an email to the City's <br /> finance director, dated December 10, 2010, you stated that you continue to take issue with three <br /> (3) items. Those items were: <br /> 1. Rain Garden pay quantity discrepancy- need to agree on finat quantity <br /> 2. Payment for moneys withheld as Liquidated Damages <br /> 3. Payment of interest charges on late partial payments <br /> The following are our positions on each of these outstanding issues. <br /> Rain Garden Pay Quanti Discrepancx <br /> The contract documents clearly indicate in Section 02935 – 3.07.A: <br /> "Bid Items have been provided for Construct Rain Garden. Measurement shal! be by the square foot as <br /> measured at the "overflow" line of the Rain Garden. Payment shall include all Work, material 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 /> I 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 It is our understanding that you are contesting this pay item on the basis that you've placed <br /> more Rain Garden Planting Media (sand) than would be expected based on our measurements <br /> and the typical sections on the plan. In order for us to consider your argument, we need to have <br /> i some documentation from you. This should include a record of your foreman's measurements of <br /> 18 <br />