Free Exhibit List - District Court of Federal Claims - federal

Case 1:04-cv-00635-CFL

Document 27

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UNITED STATES COURT OF FEDERAL CLAIMS
METRIC CONSTRUCTION CO., INC., No. 04-635C Plaintiff, Judge Charles F. Lettow v. UNITED STATES OF AMERICA, Defendant.

PLAINTIFF'S EXHIBIT LIST

1 2 3 4 5 6

7 8 9 10 11 12 13 14 15 16 17 18

01/30/97 01/23/98 Dec 1998 12/22/98 03/21/07

19 20

02/22/99 01/05/99

Plans ­ repair airfield pavements at San Nicholas Island. Solicitation, Offer and Award; Solicitation No. 62474-94-B-6807 Amendment of Solicitation/Modification of Contract ­ Roadway and Storm Drainage Repairs; Solicitation No. N68711-98-C-5553 Delivery Order Nos. 1 ­ 8; Contract No. N62474-94-D-6807 Schedule Analysis and DCAA Audit review, 10/5/05 by Hainline & Associates Arresting Gear Concrete Replacement by Hainline & Associates 7 2 each certified claims for; Repair airfield pavements at San Nicholas Island; Contract N62474-94-C-6807/2 each certified claims for: Roadway and storm damage repair at San Nicholas Island; Contract N68711-98-C-5553 Metric re: San Nicholas Island Pontoon Claim Binder 1 Metric re: San Nicholas Island Pontoon Claim Binder 2 Metric re: San Nicholas Island Pontoon Claim Binder 3 Metric re: San Nicholas Island Pontoon Claim Binder 4 Metric Notebook Materials Delivered to San Nicholas Island Handwritten Drawing; Exhibit 1 to Schwartz 06/06/05 Deposition Handwritten notes re barge landing; Exhibit 2 to Schwartz 06/06/05 Dep Handwritten drawing re Sea Lion Clusters; Exhibit 3 to Schwartz 06/06/05 Dep Dec 1998 ­ Aug 1999 Report of Pinniped Displacement Activities; Exhibit 4 to Schwartz 06/06/05 Dep Graph re Seals present 12/22/98 to 08/04/99; Exhibit 5 to Schwartz 06/06/05 Dep Correspondence from Michael Sasscer to Steve Schwartz re way Metric lands their barge should not trigger the need for a permit from the Corps; Exhibit 6 to Schwartz 06/06/05 Dep Correspondence from Andrew Lei to Ed Ruckle re contract language regarding governments obligation in relation to inability of Metric to land barge; Exhibit 7 to Schwartz 06/06/05 Dep Letter from Metric to Officer in Charge of Construction re Metric barge ramp incompatible with barge landing area at Daytona Beach; Exhibit 8 to Schwartz 06/07/05 Dep

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21 22 23 24 25 26 27 28 29 30 31 32 33 34

35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54

Letter from Metric to Officer in Charge of Construction re Metric's inability to land 01/06/99 barge due to newly installed pontoon barges at Daytona Beach; Exhibit 9 to Schwartz 06/07/05 Dep Letter from Metric to ROICC re Metric's operations impacted by Navy's recent 02/11/99 installation of "pontoon ramp;" Exhibit 10 to Schwartz 06/07/05 Dep Letter from Officer in Charge of Construction to Metric re Road Repair; 02/12/99 Exhibit 11 to Schwartz 06/07/05 Dep 03/22/99 San Nicholas Island Barge Landing Site Survey; Exhibit 12 to Schwartz 06/07/05 Dep 06/08/00 Correspondence from Leonard Serrano to EFDSW, Ex. 13 to Schwartz 06/07/05 Dep 07/17/00 Correspondence from Joe Carrignan to EFDSW, Ex. 14 to Schwartz 06/07/05 Dep Letter from Officer in Charge to Metric re the repair of the arresting gear; 05/05/01 Exhibit 15 to Schwartz 06/07/05 Dep 02/03/99 Quality Control Meeting Notes at SNI; Exhibit 16 to Schwartz 06/07/05 Dep Letter from Officer in Charge to Metric enclosing the Navy's desired construction 09/14/94 schedule; Exhibit 17 to Serrano 06/08/05 Dep Letter from Metric to ROICC enclosing the signed Modification Number P00014; 09/15/98 Exhibit 18 to Serrano 06/08/05 Dep Memorandum from L.W. Serrano to Contracting Officer re Metric's claims (2 each) both dated 03/13/03 January 9, 2003; Exhibit 19 to Serrano 06/08/05 Dep Memorandum from L.W. Serrano to Contracting Officer re Metric's claims (2 each) both dated 03/20/03 January 9, 2003; Exhibit 20 to Serrano 06/08/05 Dep Letter from American Workboats to Metric re the Beach Landing at SNI; Exhibit 21 to Serrano 02/18/99 06/08/05 Dep Correspondence from Janice Whittaker to Michael Haliburton re the Use of Navy Pontoon on 06/08/04 SNI by Metric; Exhibit 22 to Serrano 06/08/05 Dep Correspondence from Range Management Operations Branch to LCDR Nelson enclosing pictures of Navy pontoon packet design and pictures of Navy pontoon damage caused by Metric landing; Exhibit 23 to Serrano 06/08/05 Dep 05/11/98 Letter from Metric to ROICC re PC000017 being modified to include removal of P00015 Block 14 Description of Modification; Exhibit 25 to Serrano 06/08/05 Dep Environmental Protection Plan; Exhibit 26 to Serrano 06/08/05 Dep Correspondence from Leonard Serrano to EFDSW re Metric's claims questions; Exhibit 27 to 05/03/04 Serrano 06/08/05 Dep Correspondence from Patrick Hochstein to EFDSW re Metric cleaning up and getting off SNI; 11/12/02 Exhibit 28 to Serrano 06/08/05 Dep Memorandum from L.W. Serrano to Contracting Officer re Metric's letter of June 17, 2003; 07/29/03 Exhibit 29 to Serrano 06/08/05 Dep 12/06/00 Two Contract Construction Compliances; Exhibit 30 to Serrano 06/08/05 Dep 06/07/01 Notes re Quality Control Meeting; Exhibit 31 to Serrano 06/08/05 Dep 01/05/01 01/05/01 ­ 01/08/01 email exchange re SNI Barge Landing; Exhibit 32 to Serrano Dep 08/24/94 Email exchange re Arresting Gear 3; Exhibit 33 to Serrano Dep. Selected Contractor's Quality Control Reports Selected Daily Reports to Inspector 08/01/94 Letter from Navy to Metric accepting offer from "repair airfield pavement, SNI" Letter from Navy to Metric re acceptance of offer ($11,066,277.50) for "Repair Airfield 08/01/94 Pavement, SNI" 08/18/94 Correspondence from D Mades to l Serrano re unsuitable material and Batch plant 08/23/94 Letter from Navy to Metric re minutes of the pre-construction conference 08/24/94 Correspondence from L Serrano to D Mades re Repairs to airfiled pavements at SNI 09/14/94 Letter from Navy to Metric re Navy's desired construction schedule 09/14/94 Letter from D Mades, Civil Engineer, forwarding "desired" schedule of work

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55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94

09/28/94 Letter from Metric to Navy re formulas used in calculation of standby rates for PCO No. 8 Letter from Navy to Metric confirming meeting on 1/6/95 to discuss Contractor's Environmental 12/22/94 Protection Plan 01/04/95 Letter from Navy to Metric re safety plan is approved 02/02/95 Holmes Hazardous Substances Removal and Remedial Actions Certification 04/03/95 Email from Grace Smith L Serrano re Environmental Plan 04/06/95 Metric's Environmental Protection Plan 04/12/95 Metric's Revised Environmental Protection Plan 01/08/96 Letter from Metric to Navy re delay of 228 days due to heavy seas, wind, rain, fog, etc. Memo from Mary Helinski re: meeting with office folks to discuss quality of deep patch 01/22/96 pavement and schedule Letter from Metric to Navy re closure Daytona Beach, unable to meet 2/12/96 completion 02/07/96 for 005AA AB AJ AK AL AN AG AH Letter from Metric to Navy re verbal direction extending closure of Daytona Beac from 02/09/96 1/2/ to 1/19/96 - no barge landings 05/20/96 Letter from Navy to Metric re request for updated progress schedule showing major activities 06/07/96 Memo from Public Works Officer 06/12/96 Environmental Enforcement Action Requirement 06/18/96 Letter from Metric to Enviornmental information action re 6/13/96 letter re corrective action Letter from Navy to Metric re request for meeting with Navy 6/25/96 to discuss all delivery 06/18/96 orders issued so far 07/03/96 Letter from Metric to Navy re justification for time extension 07/09/96 Routing and Transmittal Slip re 316 days time extension for weather 07/17/96 Correspondence from R Barrett to R dow re Metric's walkthrough 07/17/96 Correspondence from L Serrano to S Schwartz re Can Metric use extra storage area 07/22/96 Environmental Enforcement Action Requirement 02/28/97 Letter from Navy to Metric re changes to subject contract 12/10/97 Letter from Metric to E Holmes re completion of referenced project Message from D Berchtold re discussions after meeting today on Beach Road and SNI Runway ­ 04/10/98 insurance 04/10/98 message confirming discusions from meeting re insurance, visual inspection, core sampling 05/26/98 Letter from Navy to Corps re letter of permission to locate two pontoons on Daytona Beach 08/18/98 Estimate for Contract Modification 09/30/98 Modification of Contract - Delete water line repair and add beach road overlay 11/05/98 Photo documentation of Metric Site 12/28/98 Letter from Metric to Navy re effort to resolve overbilling issues Letter from Metric to Navy re visual estimate of asphalt aggregates on hand - trying to resolve 12/28/98 overbilling issues 01/05/99 Letter from Metric to Navy re confirmation of conference call regarding the barge landing area Letter from Metric to Navy re design of ramp on Metric barge incompatible with new pontoon 01/05/99 pilot barges 01/05/99 Letter from Metric to Navy re Letter from Metric to Navy re Metric is unable to land their barge due to newly installed 01/06/99 pontoon barges 01/29/99 GenTec Proposal re equipment installation Letter from Metric to Navy re Metric's operations have been severely impacted by Navy's 02/11/99 recent install of pontoon ramp 02/12/99 Letter from Navy to Metric re Metric's concerns re recent install of pontoon ramp 02/16/99 Daily Report to Inspector, Report No 1183 02/18/99 Letter from American Workboats to Metric re concerns danger crew members are being placed

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95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137

02/18/99 02/18/99 02/25/99 03/04/99 03/04/99 03/04/99 03/04/99 03/17/99 03/26/99 03/29/99 03/31/99 04/13/99 05/04/99 05/04/99 06/07/99 06/28/99 07/01/99 08/19/99 08/26/99 11/29/99 12/27/99 12/28/99 01/10/00 03/20/00 06/08/00 06/23/00 06/23/00 06/23/00 06/26/00 06/27/00 06/30/00 07/14/00 07/17/00 07/18/00 08/02/00 09/27/00 09/29/00 10/02/00 10/03/00 10/04/00 10/10/00 10/16/00 10/18/00

re new landing procedure Email exchange re Metric barge landing SNI Email from H Bouika to Capt Ostag re update on current and future events taking place on SNI runway Hand written notes re Metric's attempts to land barge emails re Metric barge landing Email from J Danza to Schwartz, et al., re Metric Barge Landing procedure Email from J Danza re Metric Barge landing procedure Email from J Danza re Metric Barge landing procedure - eidts and disclaimers may be required to protect gov. interests Environmental Enforcement Action Requeirment - number of environmental concerns American Workboats Invoice for Towing Quality Control meeting re barging issues Invoice from American Divers to Metric Handwritten Notes re meeting held re Metric's Barge Landing Scheduled for 4/14/1999 Handwritten notes re Quality Control Meeting re various issues American Workboats invoice for towing Memo re draft proposed corrective action plan for Metric Construction Letter from Metric to Navy re stockpile asphalt overlay aggregates Letter from Metric to Navy re forwarding breakdown of costs for P0015 Letter from Metric to American Bureau of Shipping re barge unable to to into drydock re scheduling problems American Bureau of Shipping Summary Report of Class Surveys - Vessell BMC 32 Memo to BS from EG re pontoon delays Letter from Environmental Project Office to National Marine Fisheries Service re Displacement of Photo documentation of Metric Spill Email from G Smith to S Schwartz re Metric's Barge Schedule Email from S Schwartz re landing barges on beach EFDSW email re repairs to SNI airfield, 95-C-6807 Letter form Navy to Metric re removal and disposal of off the island existing concrete and rails of the arresting gears EFDSW email exchange re SNI arresting gear EFDSW email exchange re Repairing/replacing arresting gear EFDSW email exchange re SNI arresting gear Modification of contract #P00001 EFDSW email exchange re meeting to discuss Metric's materials shipped re AC overlay Proposal/Estimate for Contract Modification EFDSW email exchange re Metric requesting payment for materials shipped under line item 0006AB EFDSW email exchange re meeting to discuss arresting gears Amendment of Solicitation/Modification of Contract EFDSW email exchange re meeting to discuss Metric's claim re pontoon issue and newly placed concrete Letter from Metric to Navy re notices of non-compliant 1 and 2 Memo from L Serrano t file re concrete for the arresting gear under contract modification P00017 EFDSW email exchange re inspection of recently poured arresting gear concrete Letter from Navy to Metric re non-compliances and/or deficiencies on Contract Modification P00017 Letter from Metric to Navy re defeciencies on Modification No. P00017 Email from D Mades to EFDSW and Navy re Metrics 10/10/00 ltr re dimension's of beams, etc. Letter from Navy to Metric re minutes of telephone conference re clarification to Metric's

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11/02/00 11/02/00 11/07/00 11/08/00 11/15/00 11/21/00 11/30/00 12/01/00 12/01/00 12/06/00 12/07/00 12/14/00 01/09/01 01/17/01 01/31/01 02/08/01 02/22/01 02/27/01 02/27/01 03/07/01 03/07/01 03/09/01 03/12/01 04/16/01 04/23/01 04/23/01 04/27/01 05/02/01 05/09/01 05/10/01 05/10/01 05/23/01 05/30/01 06/05/01 06/07/01

letter of 10/10/00 re concrete EFDSW email exchange re arresting gear, written warranty, concresive, beams and $100,000 invoice Email exchange between navy and EFDSW re "re-do" of arresting gear Email exchange between Navy and EFDSW re language for extended warranty Email exchange between Navy and EFDSW re runway striping Email exchange between Navy and EFDSW re how second arresting gear is to be accomplished EFDSW email exchange re SNI Arresting Gear Email exchange between Navy and EFDSW re condition of concrete used to repair arresting gears EFDSW email exchange re Modification P00017 Contract Construction Compliance Notice re deficiencies of contractor caused hazards on the runway Contract Construction Complian Notice - rough and uneven surfaces on 3' border of asphalt at arresting gear 30 end Letter from Navy to Metric re Modification P00015 - newly placed asphalt concrete is not acceptable due to deficiencies Email from J Mades to J Carrigan re Arresting Gear 1/2/01 - 1/9/01 Email exchange re: SNI Barge Landing Letter from Navy to Metric re Contract Construction Compliance Notices for large chips and cracks in arresting gear 30 end Metric letter to Navy re Arresting Gear EFDSW email exchange re Metric claims - equipment EFDSW email exchange re Metric claims - equipment Email exchange re Metric/Barge landing Letter from Navy to Metric re Navy's verbal denial for Metric to land barge on 2/27/01 re presence of elephant seals Email from L Serrano re Claim Letter Letter from Navy to Metric re Government's denial to land barge on 2/27/01 constitutes change order Letter from Navy to Metric re Navy denies Metric's contention that the Government's denial to land your barge on 2/27/01 Letter from Navy to Metric re Metric can now resume barge landings at Daytona Beach Observations at SNI Metric Sites Email from J Carrigan to L Serrano re Meeting with Metric Letter from Metric to Navy re concerning repair to the arrester gear and Navy's compliance notices of 12/1 and 12/6/2000 Email from L Serrano to EFDSW re pertinent facts to Metric's letter dated 4/23/01 Background of Repairs to Arresting Gears on SNI Runway Handwritten notes re Quality Control Meeting - discussed arresting gear - skin patch not acceptable Email from L Serrano to J Mades re Skin Patching Letter from Navy to Metric re Metric cannot begin work on 12 end arresting gear until 30 end arresting gear accepted Letter from Navy to Metric re Navy's frustration and concerns re arresting gears and outstanding punch list items Handwritten notes re Quality Control Meeting re A/C plant unsafe due to three leads into main circuit breaker Email from H Bouika to A Lei re Metric Memo from EG Holmes to T Miller

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06/11/01 06/14/01 06/14/01 06/19/01 06/19/01 07/26/01 08/08/01 08/21/01 08/23/01 08/24/01 08/28/01 08/31/01 09/19/01 10/01/01 10/05/01 10/09/01 10/09/01 10/16/01 10/16/01 10/16/01 10/16/01 10/17/01 10/17/01 10/18/01 10/22/01 10/29/01 10/30/01 10/30/01 10/31/01 11/14/01 11/15/01 02/12/02 03/20/02 03/20/02 04/08/02 04/09/02 04/09/02 04/10/02 04/23/02 05/01/02 05/01/02

Memeo from EG Holmes to T Miller re Arresting Gear Metric Construction Meeting Letter from Metric to Navy re Metric's proposed method of repair for Asphalt rejected by Navy Handwritten noties re Quality Control Meeting re removal of A/C at arresting gear Letter from Navy to Metric re proposed method of repair for asphalt is acceptable Navy Letter to S Meacham Summary of SNI trip Letter from Navy to Metric Letter from Navy to Metric re Metric's 8/10/01 letter advising arresting hear repairs ready for final inspection Email exchange between Navy and EFDSW re arresting gear 3 Letter from Navy to Metric re broken concrete at approach area Email from L Serrano to P Martonick re Air Field Statement of George Kostelny re suspected vandelism Letter from Navy to Metric re 2 of 9 rubber rails are missing Email from L Serrano re Rubber Rails Letter from Metric to Navy re Metric will not install support rails until Government furnishes them Email from Navy to EFDSW re Rubber rails for arresting gear at 30 end - placement of old and new Handwritten notes re Quality Control meeting re reinstallation of rubber rails Letter from Navy to Metric re disagree that existing rubber rails were never intended to be re-installed Letter from Metric to Navy re Navy will not inspect arrester gear until Metric installeds arrester gear supports Quality Control Meeting - Gov. gave Metric 3 additional rubber rails to install at 30 end Letter from Navy to Metric re arresting gear not ready for final inspection Letter from Metric to Navy re CO's 10/17/01 letter concerning completion of arrester gear at 30 end of runway Letter from Navy to Metric re disagree that M Douglas requested Metric put down Top Guard Letter from Metric to Navy re finishing of arrester gear rubber rails and completion of arrester gear at 30 end of runway Letter from Navy to Metric re Metric not ready for final inspection 8/10/01 because deficiencies not corrected Email from R Culbreath to L Serrano re Air Field Pavement Repair Navy Fax re Updated Progress Schedule Letter from Metric to navy re pre-final inspection on 10/24/01 - punch list items will be complete by 11/02/01 Letter from Metric to Navy re Removal and re-construction of arresting gear at 120 end of runway Letter from Navy to Metric re removal and re-construction of existing rubber rails EFDSW email to Kenneth Culbreath re schedule for arresting gear Handwritten notes from Quality Control Meeting re proper way to clean island environmentally safe Letter from Navy to Metric re construction deficiencies on delivery order No. 0002 EFDSW email exchange re Metric cleanup Email from P Martonick R Schenk re Metric cleanup Barge rental statements/receipts Letter from Navy to Metric re Metric is required to submit clean-up plan to correct conditions developed during construct. Email from L Zellmer to L Serrano Re Metric Cleanup Meeting Attendance Sheet Email from L Zellmer to L Serrano re Cleanup Contractors

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214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256

05/06/02 05/08/02 05/09/02 05/10/02 05/13/02 05/13/02 05/13/02 05/14/02 05/14/02 05/16/02 05/17/02 05/17/02 05/17/02 05/17/02 05/20/02 05/20/02 05/21/02 05/28/02 05/28/02 05/31/02 06/12/02 06/12/02 06/18/02 06/24/02 06/28/02 08/22/02 08/23/02 08/24/02 08/27/02 09/04/02 09/11/02 09/18/02 09/19/02 09/24/02 09/25/02 09/26/02 10/09/02 10/10/02 10/11/02 10/14/02 10/16/02 10/17/02 10/22/02

Letter from Navy to Metric re extending receipt date of Metric's clean-up plan to May 10, 2002 Summary of SNI Trip Settlement Agreement and Release Correspondence from EFDSW to Tom forwarding the subject plan EFDSW email exchange re Cleanup Plan EFDSW email exchange re the request of funds for settlement Navy Pre/Post Negotiation Memorandum Fax from Metric to Navy confirming that Metric will attempt to provide Navy with acceptable clean-up plan by end of week EFDSW email exchange re Metric cleanup EFDSW email exchange re additional Metric questions Letter from Navy to Metric re clean-up plan Metric submitted 5/10/02 does not adequately address regulatory controls Fax from Metric to P Martonick re Accident Prevention Plan EFDSW email exchange re additional Metric questions EFDSW email exchange re Metric barge Letter from Navy to metric re Metric's waste oil barged to Long Beach EFDSW email exchange re Metric barge Letter from Navy to Metric re Accident prevention Plan and Accident Prevention Plan Letter from Navy to Metric forwarding executed settlement agreement EFDSW email exchange re tracking the waste streams EFDSW email exchange re Metric follow up re environmental actions Letter from Navy to Metric list of environmental clean-up contractors Meeting re environmental cleanup of Metric sites EFDSW email exchange re planned removal of the displaced threshold EFDSW email exchange re test results Letter from Navy to Metric re forwarding Investigation Summpary Report EFDSW email exchange re conversations with Sid Pehrson re cleanup of contaminated sites EFDSW/Navy email re discussion with S Pehrson re Metric's plan of action re clean-up Letter from Metric to Navy re cleanup, demobilization and shipping remaining equipment EFDSW email exchange re Metric's Cleanup and demobilization plan EFDSW email exchange re island trip Contract Construction Compliance Notice - Heavy equipment loader leaking oil ­ ongoing problem EFDSW email exchange re cleanup plan comments and regulations EFDSW email exchange re cleanup plan comments and regulations Modification of Contract No. P00019 - increase of contract price Letter from Navy CO to Commander re statutory requirements and comments on Metric's 8/24/00 cleanup plan Letter from Navy to Metric re 8/24/02 Cleanup Plan unacceptable EFDSW email exchange re Metric's barge landing EFDSW email exchange re waste oil and fuel Letter from Officer in Charge to Metric re questions about the fourteen 55 gallon drums filled with waste oil shipped out of SNI Letter from Metric to Officer in Charge re requested information on the 14 drums of waste oil EFDSW email exchange re Metric's Waste Update EFDSW email exchange re waste drums EFDSW email exchange re inputs on recent Metric activities, hazardous waste shipment and Earthwork

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257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 239 294 295 296

10/23/02 10/23/02 10/24/02 10/29/02 11/05/02 11/05/02 11/07/02 11/08/02 11/12/02 11/12/02 11/12/02 11/14/02 11/21/02 12/03/02 01/09/03 01/09/03 01/09/03 01/09/03 01/15/03 01/21/03 01/24/03 02/26/03 03/06/03 03/08/03 03/10/03 03/10/03 03/10/03 03/11/03 03/11/03 03/13/03 03/14/03 03/19/03 03/19/03 03/20/03 04/02/03 04/02/03 04/04/03 04/04/03 04/04/03 04/04/03

Email from Navy to EFDSW re Metric's attempts at submission of an acceptable cleanup plan EFDSW email exchange re concrete crushing EFDSW email exchange re manifest EFDSW email exchange re Maetric's haz waste shipment Letter from Navy to Metric 10/4/02 pro. cleanup plan not approved - enc. Re indiv. Elements of plan and waste oil shipments EFDSW email exchange re Metric's clean up plan Letter from Navy to Metric re Metric annot proceed with the environmental clean-up until clean-up plan is approved Letter from Metric to Navy EFDSW email exchange re Metric cleanup EFDSW email exchange re Metric's problems with cleanup and getting off the island EFDSW email exchange re a response to Metric's 8 Nov letter concerning cleanup and hazardous waste EFDSW email exchange re meeting with Metric contractors trying to come to an agreement on the cleanup plan EFDSW email exchange re results from the island visit Letter from Navy to Metric re Clean up Letter from Metric to Navy re certified claim in amount of $1,637,784.10 - Tab D Letter from Metric to Navy re certified claim in amount of $918,820.82 - Tab C Letter from Metric to Navy re certified claim in amount of $1,322,205.54 - Tab B Letter from Metric to Navy re certified claim in amount of $281,991.62 - Tab A EFDSW email exchange re cleanup plan submitted by IWS on behalf of Metric EFDSW email exchange re attaching work plan by IWS that was approved Letter from Officer in Charge to Defense Contract Audit Agency requesting an audit of Metric's Jan 9, 2003 delay claims EFDSW email exchange re not seeing any sample results since IWS clean up plan was approved Letter from Navy to Metric re response to claim letters dated January 9, 2003 Memorandum from Leonard Serrano to Contracting Officer enclosing various site documents and stating why the claim should be denied Letter from Navy to Metric re claim letters of January 9, 2003 re government delays relating to pontoon bridge installation Letter from Navy to Metric re 1/09/03 claims letters Letter from Navy to Metric re 1/09/03 claim letters Fax from Officer in Charge enclosing clean plan sample results EFDSW email exchange re comments on the sample results/remediation report Memo from L Serrano to Navy re Metric's claims dated January 9, 2003 Letter from Metric to Navy re Navty's request for addition information for the Government's auditor EFDSW email exchange re Metric clean up and Request for Equitable Adjustment EFDSW email exchange re Metric clean up Memo from L Serrano to Contracting Officer re Metric's two claims dated January 9, 2003 EFDSW email exchange re PERC at the Metric site EFDSW email exchange re PERC Letter from Metric to Navy re 1/09/03 claim letters - Tab A Letter from Metric to Navy re 1/09/03 claim letters - Tab B Letter from Metric to Navy re 1/09/03 claim letters - Tab C Letter from Metric to Navy re 1/09/03 claim letters - Tab D

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04/04/03 EFDSW email exchange re Metric cleanup at the asphalt plant Letter from Officer in Charge to Metric enclosing cleanup plan dated 28 March 2003 prepared 04/11/03 by IWS Letter from Navy to Metric re response to ongoing audit of Metric's revised claims dated 04/28/03 April 4, 2003 04/29/03 Email from Harold Hayes to Leonard Serrano re Metric Claims questions 05/03/03 Email from L Serrano to H Hayes re Metric Claim questions 05/21/03 Letter from Metric to Navy re Metric's overall fiscal management Contract Construction Compliance Notice - Dozer at barge landing leaking - hudraulic hoses 05/28/03 disconnected, soil saturated 06/09/03 Prosecution/Severin Agreement for Pursuit of Claims 06/09/03 EFDSW email exchange re Metric equipment 06/11/03 Photos at Sands Spit area Letter from Officer in Charge to Metric re verbal proposal to Government to perform the cleanup 06/11/03 cannot be accepted 06/11/03 Letter from Metric to Navy re Cleanup 06/12/03 Letter from Navy to Metric re ongoing discussions with Mark Hill 06/17/03 Letter from Navy to Metric re directing Metric to proceed with clean-up 06/17/03 Letter from Metric to navy re cleanup of jobsite 06/17/03 Letter from Metric to Officer in Charge enclosing Metric's certified claim 06/27/03 From Officer in Charge Notification of Claim 07/09/03 EFDSW Email exchange re request for one-time claims resolution authority 07/10/03 Letter from Navy to Metric re Investigation Summary Report for the Metric Sites at SNI Letter from Sutor & Krystad to Metric re Navy's requests for documents supporting selected 07/14/03 financial transactions 07/23/03 EFDSW email exchange re Metric commencing their cleanup 08/05/03 EFDSW email exchange re not authorizing any payment to Metric until cleanup is complete 08/06/03 Email from EFDSW to Tom Campbell re Metric manifests 08/25/03 EFDSW email exchange re Metric Delay Claim analysis 09/29/03 Letter from IWS Environmental to China Lake NAWS re Site Characterization Procedures 10/14/03 Letter from Metric to Officer in Charge enclosing items required for close out 10/21/03 Email from Tom Campbell to EFDSW re cleanup is complete Email from EFDSW to Tom Campbell requesting written recommendation on the acceptability 10/21/03 of the cleanup 10/28/03 Letter from Metric to Navy re Pontoon Claims filed by Metric 11/18/03 Letter from Navy to Metric Letter from Navy to Metric re documenting discussions during today's fact finding meeting 11/24/03 re pontoon placement 12/08/03 Defense Contract Audit Agency Audi Report 01/09/04 Declaration of Elon Holmes re modification of project Letter from Metric to Navy re certified claim ($183,417.78) for delays and costs with removal 01/26/04 of hazardous waste 02/09/04 Letter from Navy to Metric re Metric's claims presence of pontoon bridge is sole basis for claims 03/02/04 Letter from Metric to Navy re SNI claims Email from M Hill to K Jones NFECSW re clarification of 3/29/03 meeting re Metric proposed 03/02/04 barge landing 03/04/04 Memo from L Serrano to P Martonick re Cleanup Defense Contract Audit Agency Audit Report No. 4231-2003V17200001"Equitable 06/08/04 Adjustment Claim" 08/10/01 Letter from Metric to Navy

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08/28/01 10/03/01 11/13/01 07/03/02

Letter from Metric to Navy Letter from Metric to Navy Letter from Navy to Metric Letter from Navy to Metric

DATED this 21st day of May, 2007. PEEL BRIMLEY LLP

/s/ Steven D. Meacham Steven D. Meacham Attorney for Plaintiff Peel Brimley LLP 2014 East Madison Street, Suite 100 Seattle, WA 98122-2965 (206) 770-3339 Fax: (206) 770-3490

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