Free Exhibit List - District Court of Federal Claims - federal

Case 1:99-cv-00961-LAS

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WHITE BUFFALO CONSTRUCTION, INC., Plaintiff, v. ) ) ) ) ) ) ) ) ) ) )

No. 99-961C (Consolidated with Nos. 00-415C and 07-738C) (Senior Judge Smith)

THE UNITED STATES, Defendant.

DEFENDANT'S EXHIBIT LIST Defendant expects to offer the following exhibits: Exhibit 1001 Exhibit 1002 Exhibit 1003 Exhibit 1004 Exhibit 1005 Contract OR FS ERFO 97-18(2), DTFH70-98-C-00027; Contract OR FS ERFO 97-18(2), DTFH70-99-C-00017; Project Plans - OR FS ERFO 97-18(2); Standard Specifications FP-96; Letter dated August 21, 1998, from Federal Highway Administration ("FHWA") to White Buffalo Construction, Inc. ("WBC"); Pre-Construction Conference Meeting Minutes dated August 27, 1998; Notice to Proceed, August 27, 1998; Blast plan dated August 28, 1998, by McBride Construction, Inc.; Schedule Submittal, August 31, 1998, WBC; Letter dated August 31, 1998, from FHWA to WBC; Fax dated August 31, 1998, from WBC to FHWA; Fax dated September 1, 1998, from FHWA to WBC; Contract Work Plan dated September 8, 1998, from WBC;

Exhibit 1006 Exhibit 1007 Exhibit 1008 Exhibit 1009 Exhibit 1010 Exhibit 1011 Exhibit 1012 Exhibit 1013

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Exhibit 1014 Exhibit 1015 Exhibit 1017 Exhibit 1020 Exhibit 1021 Exhibit 1030 Exhibit 1033

Schedule Submittal, September 8, 1998, WBC; Letter (SLN 03) dated September 8, 1998, from FHWA to WBC; Schedule Submittal, September 10, 1998, WBC; Schedule Submittal, September 11, 1998, WBC; Letter (SLN 6) dated September 16, 1998, from FHWA to WBC; Letter (SLN 18) dated September 27, 1998, from FHWA to WBC; Contract Modification No. 1, September 29, 1998, DTFH70-98-C-00027; Contract Modification No. 2, undated, DTFH70-98-C-00027; Contract Modification No. 3, undated, DTFH70-98-C-00027; Weekly Schedule dated September 29, 1998 from WBC; Handwritten Statement Project Review dated October 1, 1998 from FHWA; Letter (SLN 25) dated October 2, 1998, from FHWA to WBC; Schedule Submittal, October 5, 1998, WBC; Letter (SLN 26) dated October 6, 1998, from FHWA to WBC; Letter (SLN 28) dated October 9, 1998, from FHWA to WBC; Letter (SLN 29) dated October 11, 1998, from FHWA to WBC;

Exhibit 1034 Exhibit 1035 Exhibit 1036 Exhibit 1037

Exhibit 1038 Exhibit 1039 Exhibit 1041 Exhibit 1044 Exhibit 1045

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Exhibit 1049

E-mail dated October 13, 1998, FHWA, from Brian Allen to Paul Rettinger; Letter (SLN 038) dated October 14, 1998, from FHWA to WBC; Letter (SLN 39) dated October 14, 1998, from FHWA to WBC; Letter (SLN 40) dated October 16, 1998, from FHWA to WBC; Letter (SLN 41) dated October 19, 1998 from FHWA to WBC; Schedule Submittal, October 20, 1998, WBC; Meeting minutes dated October 20, 1998; Letter (SLN 42) dated October 21, 1998, from FHWA to WBC; E-mail (FHWA) dated October 21, 1998, from Brian Allen to Ed Hammontree and Paul Rettinger; E-mail (FHWA) dated October 21, 19998, from Paul Rettinger to Kris Reichenbach; E-mail (FHWA) dated October 22, 1998, from Ed Hammontree to Brian Allen and Paul Rettinger, Kris Reichenbach; Letter (SLN 44) dated October 23, 1998, from FHWA to WBC; Fax dated October 23, 1998, from FHWA to WBC; Letter (SLN 47) dated October 23, 1998, from FHWA to WBC; Letter (SLN 46) dated October 23, 1998, from FHWA to WBC;

Exhibit 1050 Exhibit 1051 Exhibit 1055 Exhibit 1057 Exhibit 1058 Exhibit 1060 Exhibit 1062 Exhibit 1063

Exhibit 1065

Exhibit 1067

Exhibit 1068 Exhibit 1069 Exhibit 1070 Exhibit 1071

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Exhibit 1072 Exhibit 1074 Exhibit 1076 Exhibit 1077 Exhibit 1080 Exhibit 1082 Exhibit 1083

Letter dated October 26, 1998, from Michael Palanuk; Letter dated October 27, 1998, from WBC to FHWA; Letter (SLN 49) dated October 27, 1998, from FHWA to WBC; E-mail dated October 28, 1998, from Paul Rettinger to Brian Allen; Letter (SLN 52) dated October 29, 1998, from FHWA to WBC; Letter (SLN 54) dated October 29, 1998, from FHWA to WBC; Memorandum (FHWA) dated October 30, 1998, from Dave Lofgren to Howe Crockett; Summary of progress to date dated October 31, 1998; Monthly Project Report by FHWA transmitted November 2, 1998; Schedule Submittal, November 3, 1998, WBC; Letter (SLN 57) dated November 3, 1998, from FHWA to WBC; Letter (SLN 58) dated November 3, 1998, from FHWA to WBC; E-mail (FHWA) dated November 4, 1998, from Kris Reichenbach to Brian Allen, Ed Hammontree, Tom Hildreth and Paul Rettinger; Letter (SLN 59) dated November 4, 1998, from FHWA to WBC; Letter (SLN 60) dated November 4, 1998, from FHWA to WBC; Letter dated November 4, 1998, from WBC to FHWA; 4

Exhibit 1084 Exhibit 1085 Exhibit 1087 Exhibit 1088 Exhibit 1089 Exhibit 1090

Exhibit 1091 Exhibit 1092 Exhibit 1093

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Exhibit 1094 Exhibit 1095 Exhibit 1098 Exhibit 1101 Exhibit 1102 Exhibit 1106

Letter (SLN 61) dated November 4, 1998, from FHWA to WBC; Letter (SLN 63) dated November 4, 1998, from FHWA to WBC; Schedule Submittal, November 6, 1998, WBC; Letter (SLN 65) dated November 10, 1998, from FHWA to WBC; Letter (SLN 66) dated November 10, 1998, from FHWA to WBC; Cure Notice letter dated November 13, 1998, from FHWA to WBC; Memorandum (FHWA) dated November 16, 1998, from Paul Rettinger to Howe Crockett; Letter (SLN 69) dated November 17, 1998, from FHWA to WBC; Letter dated November 17, 1998, from WBC to FHWA; E-mail dated November 22, 1998, from WBC to FHWA; Letter dated November 23, 1998, from WBC to FHWA; Letter (SLN 71) dated November 23, 1998, from FHWA to WBC; Memorandum (FHWA) dated November 24, 1998, from Dave Lofgren to Howe Crockett; Memorandum dated December 1, 1998, from FHWA to Robin McAlpin, United States Forest Service ("USFS"), Powers RD; Letter dated December 1, 1998, from FHWA, to WBC; Letter dated December 1, 1998, from WBC to FHWA;

Exhibit 1107

Exhibit 1109 Exhibit 1110 Exhibit 1113 Exhibit 1114 Exhibit 1115 Exhibit 1116

Exhibit 1117

Exhibit 1118 Exhibit 1119

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Exhibit 1122

Letter dated December 4, 19998, from FHWA to Richard Alexander, Stoel Rives LLP; Memorandum dated December 9, 1998, from FHWA to Robin McAlpin, USFS Powers RD; Daily Construction Diaries for WBC, August 1998; Daily Construction Diaries for WBC, September 1998; Daily Construction Diaries for WBC, October 1998; Daily Construction Diaries for WBC, November 1998; Diary of WBC, September 1998 to December 1998; Daily Construction Diaries for Kerr, December 1998; Photographs, MP 46.2 Culvert, August 24, 1998 to November 30, 1998; Photographs, MP 46.7 Rock Cut, Prior to NTP to November 27, 1998; Miscellaneous Pay Quantity Documents, WBC; Diary of Inspector Dick Youngs, 1998; Diary of Inspector Robert Gietz, 1998; Diary of Inspector Eugene Van Cauteren, 1998; Diary of Inspector Daniel Quiest, 1998; Letter dated February 2, 1999, from FHWA to ICW; Letter dated February 8, 1999, from WBC to FHWA and Tidewater; Letter dated June 11, 1999, from FHWA to Tidewater Contractor's Inc.; 6

Exhibit 1125

Exhibit 1129 Exhibit 1130 Exhibit 1131 Exhibit 1132 Exhibit 1133 Exhibit 1134 Exhibit 1135

Exhibit 1136 Exhibit 1139 Exhibit 1141 Exhibit 1142 Exhibit 1143 Exhibit 1144 Exhibit 1147 Exhibit 1148 Exhibit 1154

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Exhibit 1155 Exhibit 1156

Contract Modification No; 1, June 25, 1999, DTFH70-99-C-00017; Letter dated July 28, 1999, from FHWA to Tidewater Contractor's, Inc.; Letter dated August 19, 1999, from FHWA to Tidewater Contractor's, Inc.; Contract Modification No. 2, August 27, 1999, DTFH70-99-C-00017; Contract Modification No. 3, August 27, 1999, DTFH70-99-C-00017; Letter dated September 7, 1999, from FHWA to Tidewater Contractor's, Inc.; Letter dated October 21, 1999, from FHWA to Tidewater Contractor's, Inc.; Contract Modification No. 4, April, 11, 2000, DTFH70-99-C-00017; Progress Estimate No. 1, September 15, 1999, DTFH70-99-C-00017; Progress Estimate No. 2, November 22, 1999, DTFH70-99-C-00017; Semi-final Estimate No. 3, March 16, 2000, DTFH70-99-C-00017; Semi-final Estimate No. 4, May 18, 2000, DTFH70-99-C-00017; Final Estimate No. 5, May 30, 2000, DTFH70-99-C-00017; Diary of Project Engineer, Paul Rettinger, 1999; Diary of Inspector, Richard McNichols, 1999; 7

Exhibit 1157

Exhibit 1158 Exhibit 1159 Exhibit 1160

Exhibit 1161

Exhibit 1162 Exhibit 1163

Exhibit 1164

Exhibit 1165 Exhibit 1166 Exhibit 1167 Exhibit 1168 Exhibit 1169

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Exhibit 1181

Memorandum from Tom Hildreth, Operations Engineer, Western Federal Lands Highway Division to Bill Parsons, Contracting Officer, Western Federal Lands Highway Division re: Default Termination, White Buffalo Construction, Inc., undated; Cure Notice, Nov. 13, 2008; Cure Response, Nov. 20, 1998; Memorandum from Carol Jacoby to Tom Hildreth and others re: Conversation with Julie Clevenger, White Buffalo Construction, Nov. 25, 1998; Memorandum from Paul Rettinger, Resident Engineer to Howe Crockett, Construction Operations Engineer re: Response To White Buffalo letter/response to Cure Notice; Nov. 23, 1998; Letter of William L. Parsons, Contracting Officer, Federal Highway Administration, to Luther L. Clevenger, President, White Buffalo Construction Inc., Dec. 1, 1998; Memorandum For The File, White Buffalo Construction Inc. v. United States, Jan. 6, 2004; Electronic Mail message of Joseph Trautwein, Department of Justice, to Timothy J. Binder, Federal Highway Administration, Jan. 15, 2004; Letter of William L. Parsons, Contracting Officer, Federal Highway Administration, to Luther L. Clevenger, White Buffalo Construction Inc., Jan. 15, 2004; PS Form 3811, Jan. 17, 2004; Plaintiff's responses to defendant's requests for admissions; Fax dated September 1, 1998 from FWHA to WBC; Letter (SLN 11) dated September 22, 1998 from FHWA to WBC; Blasting Log, McBride Construction, dated October 9, 1998; 8

Exhibit 1182 Exhibit 1183 Exhibit 1184

Exhibit 1185

Exhibit 1186

Exhibit 1188 Exhibit 1189

Exhibit 1190

Exhibit 1191 Exhibit 1198 Exhibit 1201 Exhibit 1202 Exhibit 1204

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Exhibit 1205 Exhibit 1206

Email dated October 28, 1998 from Paul Rettinger to Brian Allen; Letter and supplement to letter dated January 29, 1999 from Blasting and Vibration Consultants to FHWA; Plan Sheet for MP 46.7 dated March 4, 1999; Plan Sheets for MP 46.7 dated June 2, 1999;

Exhibit 1207 Exhibit 1208

Defendant may offer the following exhibits if the need arises: Exhibit 1016 Exhibit 1018 Exhibit 1019 Letter (SLN 04) 1998, from FHWA Letter (SLN 05) 1998, from FHWA dated September 8, to WBC; dated September 10, to WBC;

Letter dated September 10, 1998, from WBC to George Regas, Siskiyou National Forest; Letter (SLN 8) dated September 22,1998, from FHWA to WBC; Letter (SLN 09) dated September 22, 1998, from FHWA to WBC; Letter dated September 17, 1998, from Landmark Surveying and Development, Inc. to WBC; Letter dated September 23, 1998, from WBC to FHWA; Letter dated September 23, 1998, from Blasting and Vibration Consultants, Inc. to FHWA; Letter dated September 23, 1998, from Peter Sheeran, Blasting and Vibration Consultants, Inc. to FHWA; Letter (SLN 16) dated September 23, 1998, from FHWA to WBC; 9

Exhibit 1022 Exhibit 1023 Exhibit 1024

Exhibit 1025 Exhibit 1026

Exhibit 1027

Exhibit 1028

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Exhibit 1029

Blast plan dated September 25, 1998, by McBride Construction, Inc.; Letter (SLN 19) dated September 27, 1998, from FHWA to WBC; Letter dated September 29, 1998, from WBC to FHWA; Monthly Project Report by FHWA transmitted October 5, 1998; Letter dated October 7, 1998, from WBC to FHWA; Letter dated October 7, 1998, from WBC to FHWA; Letter dated October 12, 1998, from WBC to FHWA; Letter (SLN 32) dated October 12, 1998, from FHWA to WBC; Letter (SLN 34) dated October 13, 1998, from FHWA to WBC; Letter dated October 14, 1998, from FHWA TO WBC; Letter dated October 15, 1998, from WBC to FHWA; Letter dated October 15, 1998, from WBC to FHWA; Certified Payroll Records dated October 16, 1998, from Dick Young, C.I. to FHWA; Performance Evaluation (Construction) dated October 20, 1998; E-mail (FHWA) dated October 21, 1998, from Paul Rettinger to Brian Allen;

Exhibit 1031 Exhibit 1032

Exhibit 1040 Exhibit 1042 Exhibit 1043 Exhibit 1046 Exhibit 1047 Exhibit 1048 Exhibit 1052 Exhibit 1053 Exhibit 1054 Exhibit 1056

Exhibit 1059

Exhibit 1061

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Exhibit 1064

E-mail (FHWA) dated October 21, 1998, from Paul Rettinger to Brian Allen; Letter (SLN 43) dated October 22, 1998, from FHWA to WBC; Letter (SLN 48) dated October 26, 1998, from FHWA to WBC; Letter dated October 27, 1998, from WBC to FHWA; Letter dated October 28, 1998, from WBC TO FHWA; Letter (SLN 51) dated October 28, 1998, from FHWA to WBC; Letter (SLN 53) dated October 29, 1998, from FHWA to WBC; Letter dated November 2, 1998, from WBC to FHWA; Letter (SLN 64) dated November 4, 1998, from FHWA to WBC; Memorandum Dated November 5, 1998, from Dick Youngs to Paul Rettinger; Rock Slope and Site Conditions at MP 46.7 on Powers-Agness Road FDR33 dated October - November 1998, prepared by Frank Toor, received November 6, 1998; Letter (SLN 62) dated November 9, 1998, from FHWA to WBC; Letter dated November 11, 1998, from FHWA to Ralph Knipe, United States Department of Labor; Letter dated November 11, 1998, from WBC to FHWA; Letter (SLN 67) dated November 12, 1998, from FHWA to WBC; 11

Exhibit 1066 Exhibit 1073 Exhibit 1075 Exhibit 1078 Exhibit 1079 Exhibit 1081 Exhibit 1086 Exhibit 1096 Exhibit 1097 Exhibit 1099

Exhibit 1100 Exhibit 1103

Exhibit 1104 Exhibit 1105

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Exhibit 1108 Exhibit 1111 Exhibit 1112 Exhibit 1120

Letter dated November 17, 1998, from WBC to FHWA; Letter (SLN 70) dated November 18, 1998, from FHWA to WBC; Letter dated November 20, 1998, from WBC to FHWA; Letter dated December 3, 1998, from FHWA to United States Department of Labor; E-mail (FHWA) dated December 3, 1998, from Rich Barrows to Sajid Aftab; Letter dated December 8, 1998, from FHWA to United States Department of Labor; Letter dated December 8, 1998, from United States Department of Agriculture to Assistant Forest Engineer; Letter dated December 9, 1998, from FHWA to WBC; Fax dated December 9, 1998, from FHWA to USFS; Letter dated December 15, 1998, from US Department of Agriculture, to FHWA; Certified Payroll Reports, WBC; Survey Notes;

Exhibit 1121

Exhibit 1123

Exhibit 1124

Exhibit 1126 Exhibit 1127 Exhibit 1128

Exhibit 1137 Exhibit 1138

Exhibit 1140

Project Engineer Diary, Sajid Aftab, August 1998 to December 1998; Semi-Final Estimate No. 1, June 18, 1999, DTFH70-98-C-00027;

Exhibit 1145

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Exhibit 1146 Exhibit 1149 Exhibit 1150 Exhibit 1151 Exhibit 1152 Exhibit 1153 Exhibit 1170

Partial Estimate No. 1, April 22, 2004, DTFH70-98-C-00027; Letter dated April 1, 1999, from ICW to FHWA; Letter dated April 14, 1999, from FHWA to ICW; Letter dated April 26, 1999, from WBC to FHWA; Letter dated April 26, 1999, from FHWA to WBC; Letter dated May 4, 1999, from FHWA to Division of State Lands; Daily Construction Diaries, Tidewater Construction, Inc. ("TWC"), June 1999 to October 1999; Daily Construction Diaries, B&D Survey, June 1999 to October 1999; Daily Construction Diaries, Don Kirk Construction, July 1999 to September 1999; Daily Construction Diaries, Stellflug Construction, August 1999 to September 1999; FHWA Inspector Diaries, May 1999 to October 1999; Miscellaneous Pay Quantity Documents, Completion Contract; Letter dated January 5, 2004, from FHWA to Joseph Trautwein, Department of Justice ("DOJ"); Letter dated January 15, 2004, from FHWA to WBC; WBC Termination Settlement Certified Proposal, dated July 7, 2005, from DCAA (S. Munro) to WBC, pg. 21A(2)-3);

Exhibit 1171 Exhibit 1172

Exhibit 1173

Exhibit 1174 Exhibit 1175 Exhibit 1176

Exhibit 1177 Exhibit 1178

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Exhibit 1179 Exhibit 1180 Exhibit 1187

WBC Response Issue Resolution No. 8, July, Pg. 2 Contract No. DTFH70-98-C-00027, Aug. 20, 1998; Letter of Diana St. Marie, United States Forest Service to Carol Jacoby, Western Federal Lands Highway Division, Dec. 15, 1998; Letter of Nancie K. Pruitt, Legal Program Assistant, Federal Highway Administration, to Tim McIlmail, Department of Justice, Mar. 26, 2004; Termination for Convenience, Form 1436 Settlement Proposal, Submitted by White Buffalo Construction to Mr. William Parsons, Terminating Contracting Officer, Jan. 13, 2005; Defense Contract Audit Agency Audit Report No. 4261-2005P17100001, May 12, 2006; Termination for Convenience and Revised Settlement Proposal, Submitted by White Buffalo Construction to Ms. Elizabeth Firestone, Terminating Contracting Officer, Oct. 16, 2006; Termination for convenience Revised Settlement Proposal, June 26, 2007; Contracting Officer's Decision re: Settlement Proposal, Aug. 30, 2007; Plaintiff's responses to defendant's interrogatories and requests for the production of documents; Geotechnical Memorandum dated June 12, 1998; Letter dated October 7, 1998 from WBC to McBride Construction; Letter dated October 3, 1998 from Nancy Rogers to FHWA and transmittal letter dated January 29, 2001; Documents reviewed and marked for copying at WBC office on May 29, 2008.

Exhibit 1192

Exhibit 1193

Exhibit 1194 Exhibit 1195

Exhibit 1196 Exhibit 1197 Exhibit 1199

Exhibit 1200 Exhibit 1203

Exhibit 1209

Exhibit 1210

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Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director

s/Todd M. Hughes TODD M. HUGHES Deputy Director

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 616-0342 Facsimile: (202) 514-7965 OF COUNSEL: Rayann L. Speakman Attorney-Advisor Western Federal Lands Highway Division 610 E. Fifth Street Vancouver, WA 98661 July 11, 2008 Attorneys for Defendant

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Certificate of Filing I hereby certify that on July 11, 2008, a copy of the foregoing Defendant's Exhibit List was filed electronically. I

understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. may access this filing through the Court's system. Parties

s/Timothy P. McIlmail