Free Exhibit List - District Court of Arizona - Arizona

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John Michael Johnston, OBA No. 4736 228 Robert S. Kerr Ave., Suite 620 Oklahoma City, OK 73102 Tel: (405) 235-4074 Fax: (405) 235-4084 Charles E. Buri, AB No. 003651 FRIEDL, RICHTER & BURI, P.A. 6909 E. Greenway Parkway, Suite 200 Scottsdale, AZ 85254-2172 Attorneys for Plaintiff/Counter-Defendant, Doty Bros. Equipment Co. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

DOTY BROS. EQUIPMENT CO., Plaintiff, vs. QUESTAR SOUTHERN TRAILS PIPELINE COMPANY, et al. Defendants.

And Related Counterclaim

) CIV 03-2529 PHX HRH ) ) ) PLAINTIFF'S TRIAL EXHIBIT LIST ) ) ) ) ) ) ) ) ) ) ) )

COMES NOW the plaintiff herein, Doty Bros. Equipment Co., and submits the following exhibit list as per the Court's Scheduling Order dated August 19, 2005, to-wit: /// /// /// /// /// ///

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8. 7. 6. 5. 3. 4. 2. No. 1. Exhibit Master Contract (#144) for Southern Trails Project dated August 6, 1999 ­ (with "Contract Notification"). Letter dated February 21, 2002 from Questar (Ron Sorensen) to potential bidders ­ subject: pre-bid meeting/site visits and listing the 15 components of the RFP. Admitted

Authenticate d But Not Admitted

Objection

Questar Southern Trails' RFP
"Proposal Instructions". Letter dated March 5, 2002 from Questar (Ron Sorensen) to potential bidders re: Addendum No. 1 to RFP. Memo dated March 4, 2002 from Russell Wong to Ron Sorensen re: "Cabazon Addendum". Undated letter from Russell Wong (Questar) to Stanley Shaw re: "Field Alignment Changes for Cabazon Reroute Project". Letter dated January 4, 2002 to Russell Wong from Stanley Shaw (Doty) re: "Pipe Unloading and Storage ­ Cabazon, CA". Letter dated December 9, 1999 from Robert H. Lovell (Questar) to Mr. Floyd Doty re: "Southern Trails Project Contract". "Proposal Form" sent by Chris Christy (Doty) to Questar (Ron Sorensen) with attached "Contract Price Schedule" (Doty bid). Letter dated March 12, 2002 to Ron Sorensen (Questar) from B.C. Brown re: "Bid Exclusions for Cabazon Reroute". Job estimate (Doty) for "Questar Cabazon 16".

18 19 20 21 22 23 24 25 26
11. 10. 9.

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13. No. 12. Exhibit Doty construction schedule (Cabazon Reroute). Questar's record of bids from all bidders entitled "Cabazon Reroute Bid Spreadsheet". Doty's pre-bid list of references. Fax dated February 15, 2002 from Scott Nicolaus to Russell Wong (Questar) re: transmittals (Cabazon Reroute) to be sent to contractors. Letter dated February 15, 2002 to B.C. Brown (Doty) from Scott Nicolaus (Spec Services) entitled "Drawing and Specifications Transmittal". Deleted. "Contract Notification" prepared August 12, 2002 for Contract No. 144 to Doty Bros. Equipment Co. Letter dated August 12, 2002 to Doty Bros. Equipment Co. from Ron Sorensen re: fully executed Work Authorization. Contractor Work Authorization dated March 22, 2002 to Doty Bros. Equipment Co. Memo dated August 25, 2000 from Scott Nicolaus to Rania (Paragon Partners) re: Cabazon Route description. Letter dated April 10, 2002 from Stanley B. Shaw to Robertson Ready Mix re: "Usage of Robertson Property in Cabazon, CA". Check dated May 8, 2002 in the amount of $2,000 from Doty Bros. to Robertson Ready Mix. Admitted

Authenticate d But Not Admitted

Objection

5 6 7 8 9
16. 14. 15.

10 11 12 13 14
19. 17. 18.

15 16 17 18 19 20 21 22 23
23. 22. 21. 20.

24 25 26

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34. 33. 31. 32. 30. 29. 27. 28. 26. 25. No. 24. Exhibit Check dated June 12, 2002 in the amount of $1,000 from Doty Bros. to Robertson Ready Mix. Check dated August 14, 2002 in the amount of $2,000 from Doty Bros. to Robertson Ready Mix. Check dated August 28, 2002 in the amount of $1,000 from Doty Bros. Co. to Robertson Ready Mix. Kirt Milligan inspection notes for Thursday, September 26, 2002. Letter dated March 25, 2002 from Union Pacific Railroad to Doty Bros. with "Contractor's Right of Entry Agreement" attached. Memo dated June 25, 2000 from Richard Marston (Spec Services) to Gerald Mouser re: "Cabazon Reroute ­ Proposed Acquisition Costs". Letter dated February 27, 2002 from Williams Communications to Paragon Partners re: Questar Southern Trails Pipeline Company-Williams Project No. UR-1069 (with attached "ARCView Map"). Kirt Milligan inspection notes from April 1, 2002. Fax transmission dated April 2, 2002 from Questar Regulated Services to Russell Wong with attached Pipeline Inspection Agreement signed by Questar. Letter dated April 5, 2000 from Omar Estrada (Spec Services) to Kinder Morgan Energy Partners. Essex Environmental Report for April 8, 2002 (Paul Shrum). Admitted

Authenticate d But Not Admitted

Objection

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39. 38. 36. 37. No. 35. Exhibit Daily Report ­ Questar Southern Trails ­ Cabazon Reroute for April 16, 2002. Kirt Milligan inspection notes for Friday, April 26, 2002. Kirt Milligan inspection notes for Friday July 12, 2002. Memo from Russ Wong dated July 25, 2000 to "Allegro" and to Scott Nicolaus at Spec Services with previous emails from/to Scott Nicolaus attached. Kirt Milligan inspection notes for Monday July 29, 2002. Kinder Morgan invoice to Questar Southern Trails Pipeline dated August 12, 2002. Essex Environmental inspection reports for June 4, 2002 (Gavin Scott). Pipeline Inspection Agreement signed by Questar and Kinder Morgan dated April 1, 2002. Kirt Milligan inspection notes for April 10, 2002. Kirt Milligan inspection notes for April 19, 2002. Kirt Milligan inspection notes for April 23, 2002. Kirt Milligan inspection notes for April 25, 2002. Kirt Milligan inspection notes for Wednesday, May 29, 2002. Kirt Milligan inspection notes for Tuesday, June 18, 2002. Kirt Milligan inspection notes for Thursday, June 20, 2002. Admitted

Authenticate d But Not Admitted

Objection

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
48. 49. 45. 46. 47. 43. 44. 41. 42. 40.

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61. 59. 60. 56. 57. 58. 53. 54. 55. 51. 52. No. 50. Exhibit Letter dated July 2, 2002 from Russ Wong to Stanley Shaw re: Cabazon Pre-Invoice No. 92-0195. Kirt Milligan inspection notes for Wednesday, July 24, 2002. Kirt Milligan inspection notes for Thursday, August 15, 2002. Kirt Milligan inspection notes for Wednesday, August 21, 2002. Kirt Milligan inspection notes for Thursday, August 29, 2002. Kirt Milligan inspection notes for Tuesday, September 10, 2002. Kirt Milligan inspection notes for March 27, 2002 and March 28, 2002. Kirt Milligan inspection notes for April 11, 2002. Kirt Milligan inspection notes for Friday, April 12, 2002. Kirt Milligan inspection notes for April 17, 2002. Kirt Milligan inspection notes for April 18, 2002. Kirt Milligan inspection notes for April 22, 2002. Essex Environmental inspection reports for April 23, 2002 (Kham Slater). Essex Environmental inspection reports for April 26, 2002 (Kham Slater). Essex Environmental inspection reports for April 29, 2002 (Kham Slater). Admitted

Authenticate d But Not Admitted

Objection

19 20 21 22 23
64. 63. 62.

24 25 26

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76. 74. 75. 72. 73. 71. 68. 69. 70. 67. 66. No. 65. Exhibit Essex Environmental inspection reports for April 30, 2002 (Kham Slater). Essex Environmental inspection reports (2) for May 8, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for May 13, 2002 (Gavin Scott). Essex Environmental inspection report for May 14, 2002 (Gavin Scott). Kirt Milligan inspection notes for May 14, 2002. Essex Environmental inspection reports (3) for May 14, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for May 16, 2002 (Gavin Scott). Essex Environmental inspection report for May 16, 2002 (Dan Timm). Essex Environmental inspection report for May 18, 2002 (Dan Timm). Essex Environmental inspection report for May 17, 2002 (Gavin Scott). Kirt Milligan inspection notes for May 17, 2002. Daily report for May 17, 2002. Kirt Milligan inspection notes for May 20, 2002. Essex Environmental inspection report for May 20, 2002 (Gavin Scott). Kirt Milligan inspection notes for May 21, 2002. Admitted

Authenticate d But Not Admitted

Objection

21 22 23 24 25 26

77. 78. 79.

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84. 82. 83. 81. No. 80. Exhibit Essex Environmental inspection reports (2) for May 21, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for May 22, 2002 (Gavin Scott). Kirt Milligan inspection notes for Wednesday, May 22, 2002. Kirt Milligan inspection notes for Thursday, May 23, 2002. Essex Environmental inspection reports (2) for May 29, 2002. Essex Environmental inspection report for May 30, 2002. Essex Environmental inspection reports (2) for June 5, 2002. Essex Environmental inspection report for June 7, 2002. Kirt Milligan inspection notes for Thursday, June 13, 2002. Kirt Milligan inspection notes for Tuesday, June 25, 2002. Essex Environmental inspection report for July 30, 2002 (Gavin Scott). Kirt Milligan inspection notes for Thursday, August 1, 2002. Essex Environmental inspection report for August 12, 2002 (Gavin Scott). Essex Environmental inspection report for August 14, 2002 (Gavin Scott). Essex Environmental inspection report for August 15, 2002 (Gavin Scott). Essex Environmental inspection report for August 15, 2002 (Gavin Scott). Admitted

Authenticate d But Not Admitted

Objection

10 11 12 13
87. 85. 86.

14 15 16 17 18 19 20 21 22 23 24 25 26
93. 94. 95. 90. 91. 92. 88. 89.

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100. 98. 99. 97. No. 96. Exhibit Essex Environmental inspection reports (2) for August 22, 2002 (Gavin Scott). Letter dated August 23, 2000 from Stanley Shaw to Russell Wong re: "Construction and Delay Issues". Kirt Milligan inspection notes for Wednesday, August 28, 2002. Kirt Milligan inspection notes for Friday, September 6, 2002. Essex Environmental inspection report for September 6, 2002 (Gavin Scott). Kirt Milligan inspection notes for Monday, September 9, 2002. Essex Environmental inspection reports (2) for September 11, 2002 (Gavin Scott). Letter dated July 8, 2003 from Russell Wong, Questar, to Tim A. Pierce re: Questar Southern Trails Pipeline alignment maps ­ Cabazon. Kirt Milligan inspection notes for Wednesday, April 24, 2002. Kirt Milligan inspection notes for Thursday, May 30, 2002. Kirt Milligan inspection notes for Wednesday, June 5, 2002. Kirt Milligan inspection notes for Wednesday, June 26, 2002. Kirt Milligan inspection notes for Tuesday, September 17, 2002. Letter dated February 12, 2002 from Questar (Ronald Sorensen) to SPEC Services re: tender of Work Authorization ­ Cabazon Reroute. Admitted

Authenticate d But Not Admitted

Objection

10 11 12 13 14 15 16 17 18 19 20
107. 105. 106. 104. 103. 101. 102.

21 22 23 24 25 26
108. 109.

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111. No. 110. Exhibit Kirt Milligan inspection notes for April 5, 2002. Reimbursement Agreement dated April 19, 2002 between MCI WorldCom and Questar Southern Trails Pipeline Company. Letter dated May 3, 2002 from Jim Abear (Paragon Partners) to Rich Robertson re: request for review ad approval of Questar's revised drawings. Letter of transmittal dated May 3, 2002 from Jim Abear (Paragon Partners) to Union Pacific Railroad transmitting revised drawings of construction pipeline assignment. Kirt Milligan inspection notes for Thursday, May 9, 2002. Invoice dated May 10, 2002 from SPEC Services to Questar Southern Trails Pipeline Company for "Cabazon Relocation Construction Survey". Kirt Milligan inspection notes for May 17, 2002. Kirt Milligan inspection notes for Thursday, May 30, 2002. Essex Environmental inspection reports for June 6, 2002 (Dan Timm). Memo dated June 6, 2002 from Jim Abear (Paragon Partners) to Rich Robertson re: revised alignment drawings will "tremendously increase Questar's expenditures". Letter dated June 21, 2002 to Jim Abear from Rich Robertson re: pipeline cross-over Cabazon (revised). Admitted

Authenticate d But Not Admitted

Objection

5 6 7 8 9 10 11 12
114. 113. 112.

13 14 15 16 17 18 19 20 21 22 23 24 25 26
120. 119. 116. 117. 118. 115.

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122. No. 121. Exhibit Fax transmission dated July 1, 2002 from Questar (legal) to Russ Wong transmitting new Reimbursement Agreement for MCI. Letter dated July 17, 2002 to Jim Abear (Paragon) from Rich Robertson transmitting "new" plans for rail alignment. Drawing and specification transmittal dated July 23, 2002 to Jim Abear from Scott Nicolaus (SPEC Services) ­ Robertson Spur. Letter dated July 24, 2002 to Union Pacific Railroad from Jim Abear (Paragon) transmitting new pipeline realignment drawings by Federal Express. Letter dated July 24, 2002 from Jim Abear to Rich Robertson submitting revised drawings. Essex Environmental inspection report for July 25, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for July 26, 2002 (Gavin Scott). Reimbursement Agreement dated August 9, 2002 signed by MCI/Questar Southern Trails Pipeline Company. Essex Environmental inspection reports (2) for August 30, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for September 9, 2002 (Gavin Scott). Robertson Railroad Spur details (undated Questar notes). Change Order due to casing failure ­ trench plate rental invoices. Admitted

Authenticate d But Not Admitted

Objection

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
132. 131. 130. 129. 128. 126. 127. 125. 124. 123.

26

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140. 139. 138. 136. 137. 135. 134. No. 133. Exhibit Emails dated February 12, 2002 between Russell Wong (Questar) and Richard Marston (Paragon) re: Cabazon access (Zond) road, plus Reply (dated February 12, 2002). Letter dated February 13, 2002 from Richard Marston (Paragon) to Enron Wind Development seeking permission to use Zond Road. Construction restrictions matrix dated February 21, 2002. Kirt Milligan inspection notes for Tuesday, April 16, 2002. Essex Environmental inspection reports (3) for April 24, 2002 (Kham Slater). Letter dated April 24, 2002 from Paragon Partners to Thomas Castleberry re: accidental spill. Letter dated April 30, 2002 from Paragon Partners to Mr. and Mrs. Charles Crittendon re: accidental spill. Letter dated April 30, 2002 from Paragon Partners to Mr. and Mrs. Rocco Baldassare re: accidental spill. Letter dated April 30, 2002 from Paragon Partners to Mr. and Mrs. Leonard Bergan re: accidental spill. Letter dated April 30, 2002 from Paragon Partners to James Slayback re: accidental spill. Letter dated April 30, 2002 from Paragon Partners to Barbara Tinston re: accidental spill. Letter dated April 30, 2002 from Paragon Partners to Lance Palmer re: accidental spill. Admitted

Authenticate d But Not Admitted

Objection

17 18 19 20 21 22 23 24 25 26
144. 143. 142. 141.

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146. No. 145. Exhibit Kirt Milligan inspection notes for Tuesday, April 30, 2002. Kirt Milligan inspection notes for Thursday, May 2, 2002. Kirt Milligan inspection notes for Tuesday, May 7, 2002. Kirt Milligan inspection notes for Friday, May 10, 2002. Essex Environmental inspection reports for May 31, 2002 (Gavin Scott). Kirt Milligan inspection notes for Monday, June 10, 2002. Kirt Milligan inspection notes for Wednesday, June 12, 2002. Kirt Milligan inspection notes for Thursday, June 27, 2002. Essex Environmental inspection reports (2) for June 27, 2002 (Gavin Scott). Letter dated September 23, 2003 to Albert Hernandez from Randy Zobell (Questar) re: response to June 27, 2003 request for equitable adjustment. Revised Contract Price Conciliation. Lyon's Trucking (Brea, CA) invoices (multiple pages) for May, June, July 2002. Questar pictures (2) May 1, 2002 ("A" and "B"). Steve Bertoch's pictures from deposition (25). Section 3.5 "access" from Questar's "Specifications for Pipeline Construction". Admitted

Authenticate d But Not Admitted

Objection

5 6 7 8
149. 147. 148.

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
158. 159. 157. 155. 156. 154. 151. 152. 153. 150.

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167. 166. 165. 164. 163. 162. 161. No. 160. Exhibit Section 1. "Scope of Work from Questar's `Supplemental Specifications'" for Cabazon Reroute. Email memo dated March 27, 2002 from Jim Abear (Paragon) to Rich Robertson re: revised spur track. Email memo dated April 13, 2002 from Scott Nicolaus (SPEC Services) to Jim Abear (Paragon) re: LMB Engineering doing design for Robertson Spur. Memo dated May 2, 2002 to Jim Abear (Paragon) from Scott Nicolaus (SPEC Services) re: deviation of alignment necessary for Robertson Spur ­ Robertson to assume financial responsibility. Email memo dated May 17, 2002 to Mary Hauschild (Union Pacific Railroad) from Jim Abear (Paragon) re: Union Pacific's engineering group has questions on Robertson Spur design. Memo dated June 24, 2002 to Russell Wong from Jim Abear (Paragon) ­ new engineering drawings from LMB. Memo dated July 12, 2002 to Russell Wong from Jim Abear (Paragon) ­ R. Robertson "revising their design again". Memo dated July 15, 2002 to Jim Abear from Scott Nicolaus (SPEC Services) "getting tired . . . of new design(s)". Questar daily inspection notes for July 18, 2002 ­ "Ditch skipped railroad spur section". Kirt Milligan inspection notes for Tuesday, July 30, 2002. Admitted

Authenticate d But Not Admitted

Objection

21 22 23 24 25 26
169. 168.

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171. No. 170. Exhibit Fax dated August 7, 2002 to Russell Wong from Jim Abear ­ "We got railroad approval of Robertson Spur design". Kirt Milligan inspection notes for Wednesday, August 7, 2002. Fax dated August 7, 2002 to Jim Abear from Union Pacific Railroad Co. ­ railroad engineers "have approved Questar's revised plans". Kirt Milligan inspection notes for Monday, August 26, 2002. Kirt Milligan inspection notes for Tuesday, August 27, 2002. Undated fax to Russ Wong from Kirt Milligan enclosing four pages of "drawings of the Spur Crossing at the Robertson Pit" (drawings dated September 17, 2002). Letter dated September 27, 2002 to Rich Robertson from Russell Wong re: Questar negotiating with Doty for "extra depth costs" at Robertson Spur. Fax letter dated November 11, 2002, Craig Phillips at Robertson Ready Mix from J. Russell Wong, Supervisor of Operations for Questar Southern Trails Pipeline transmitting "as constructed field notes". Daily costs calculations for September 2002 (by M.C. Christy). Letter (certified) dated May 2, 2002 to Roland Gow from California Regional Water Quality Control Board advising of "applicability . . . [for permit] to `discharge hydrostatic test water to surface water'". Essex Environmental inspection report for April 29, 2002 (Dan Timm). Admitted

Authenticate d But Not Admitted

Objection

6 7 8 9 10
174. 173. 172.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
180. 179. 178. 177. 176. 175.

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182. No. 181. Exhibit Essex Environmental inspection report for June 6, 2002 (Gavin Scott). Kirt Milligan inspection notes for Thursday, June 6, 2002. Essex Environmental inspection reports (2) for June 10, 2002 (Gavin Scott). Essex Environmental inspection report for June 11, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for June 12, 2002 (Gavin Scott). Kirt Milligan inspection notes for Friday, June 14, 2002. Essex Environmental inspection reports (2) for June 14, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for July 2, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for July 9, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for July 10, 2002 (Gavin Scott). Essex Environmental inspection report for July 18, 2002 (Gavin Scott). Essex Environmental inspection report for July 19, 2002 (Gavin Scott). Essex Environmental inspection report for July 22, 2002 (Gavin Scott). Kirt Milligan inspection notes for Monday, July 22, 2002. Admitted

Authenticate d But Not Admitted

Objection

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
194. 191. 192. 193. 190. 189. 188. 186. 187. 184. 185. 183.

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199. 198. 197. 196. No. 195. Exhibit Essex Environmental inspection reports (2) for July 23, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for July 24, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for July 29, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for August 1, 2002 (Gavin Scott). Essex Environmental inspection report for August 2, 2002 (Gavin Scott). Essex Environmental inspection report for August 13, 2002 (Gavin Scott). Kirt Milligan inspection notes for Wednesday, August 14, 2002. Essex Environmental inspection report for August 20, 2002 (Gavin Scott). Essex Environmental inspection report for August 22, 2002 (Gavin Scott). Essex Environmental inspection report for August 23, 2002 (Gavin Scott). Essex Environmental inspection report for August 27, 2002 (Gavin Scott). Essex Environmental inspection report for August 29, 2002 (Gavin Scott). Kirt Milligan inspection notes for Wednesday, September 25, 2002. Essex Environmental inspection report for August 28, 2002 (Gavin Scott). Essex Environmental inspection report for August 8, 2002 (Gavin Scott). Admitted

Authenticate d But Not Admitted

Objection

11 12 13 14
202. 200. 201.

15 16 17 18 19 20
206. 204. 205. 203.

21 22 23 24
209. 207. 208.

25 26

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217. 215. 216. 213. 214. 212. 211. No. 210. Exhibit Essex Environmental inspection reports (2) for September 3, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for September 5, 2002 (Gavin Scott). Essex Environmental inspection reports (2) for September 12, 2002 (Gavin Scott). Kirt Milligan inspection notes for Thursday, September 12, 2002. Letter dated September 19, 2002 to Stanley Shaw from Russell Wong re" "foam pig disposal". Drawing by Doty (3 pages) re: hydro test section and drying section. Letter dated March 22, 2002 to B.C. Brown from Ron Sorensen re: two Work Authorizations to sign and return. Letter dated March 27, 2002 from Jan LaPointe (Doty) to Ron Sorensen returning signed Work Authorizations and asking for the return of one "fully executed". Set of maps/drawings done by SPEC Services for Questar Southern Trails Pipeline Company's 16" Cabazon gas pipeline consisting of a drawing list and key plan (DRWG No. 44201) with multiple "Alignment Sheets", as well as "Pipeline Details", "U.P.R.R. Crossing Index", "Flood Control Crossing", "San Gorgonio Crossing", "Tie-in Details", "Cathodic Protection Details", and "Miscellaneous Pipe Details". Questar color picture of Cabazon Reroute (Group #2) ­ May 22, 2002. Admitted

Authenticate d But Not Admitted

Objection

16 17 18 19 20 21 22 23 24 25 26
219. 218.

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221. No. 220. Exhibit Questar color picture of Cabazon Reroute (Group #2) ­ May 22, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ May 22, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 4, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 4, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 14, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 14, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 14, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 14, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 14, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 14, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 14, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 14, 2002. Questar color picture of Cabazon Reroute (Group #2) ­ June 14, 2002. Letter dated September 18, 2002 from Al Hernandez to Questar Southern Trails Pipeline Company (Ron Sorensen and Russell Wong) with four attachments re: change request for construction and delay issues. Change Order Invoice dated July 17, 2002 (with copy of check). Change Order Invoice dated August 28, 2002 (with copy of check). Admitted

Authenticate d But Not Admitted

Objection

5 6 7 8
224. 222. 223.

9 10 11 12
227. 225. 226.

13 14 15 16 17 18 19 20 21 22 23 24 25 26
234. 235. 233. 230. 231. 232. 228. 229.

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240. 239. 237. 238. No. 236. Exhibit Change Order Invoice dated September 17, 2002 (with copy of check). Change Order Invoice dated October 14, 2002 (with copy of check). Change Order Invoice dated December 20, 2002. Letter dated July 2, 2002 to Stanley Shaw from J. Russell Wong ­ "Here is a list of exceptions that we are taking on the subject pre-invoice" with attached "pre-invoice". Doty Bros. Equipment Co. list of "Material/Direct Cost/Subcontractor" [costs] for Cabazon Reroute. Doty Bros. Equipment Co. "Job Overview Report" (through December 31, 2003) with three attachments. Questar invoice payment summary for Cabazon Reroute (QUE 00372) totaling $1,808,009.64. Questar original "recalculation" of Doty's "Extra Claim #3 ­ Delay at Robertson R/R Spur" with one page attachment (QUE 002378 and QUE 002379). Letter dated September 27, 2002 to "distribution" from Russell Wong re: "Rebuttal to Doty Bros. extra claim on Cabazon Reroute Project." Memo dated July 23, 2003 to Tad Taylor from G.F. Mouser/Russell Wong (with chronology attachment) re: Southern Trails Cabazon Reroute ­ Doty Bros. claim. Letter dated October 11, 2002 from Gerald Mouser to Al Hernandez, Jr. re: DBCC Charge Order request for 16" Cabazon relocation. Admitted

Authenticate d But Not Admitted

Objection

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
246. 245. 244. 243. 242. 241.

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248. No. 247. Exhibit Calculation by Doty of the extra work day claim by DBCC Doty's costed time recap for August 26, 2002 through August 30, 2002 with attached work reports. Doty Bros. progress billing dated April 30, 2002 with Questar notations thereon. Doty Bros. progress billing dated June 18, 2002 with Questar notations thereon. Doty's "right-of-way interference calculation" two pages (corrected for typos) by Chris Christy with attachment (Questar Production Summary). Doty's daily cost summary for labor and equipment from May 21, 2002 through July 1, 2002. "Out of sequence work" calculation (December 20, 2004) by Chris Christy. (Revised) calculation of that part of "out of sequence cost damages" between September 4, 2002 and September 27, 2002. Letter dated October 31, 2002 to Albert Hernandez from Ronald G. Sorensen concerning "final payment" will not be made until "Release and Certificate of Final Payment" is signed and returned. Fax dated October 31, 2002 to Albert Hernandez, Jr. from Gerald Mouser re: invoices 12297, 12238 and 912238. Memo (interoffice) dated January 2, 2003 to Gerald Mouser from Russell Wong re: "Doty Bros. billing claim dated December 20, 2002". Admitted

Authenticate d But Not Admitted

Objection

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
257. 256. 255. 253. 254. 252. 251. 250. 249.

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259. No. 258. Exhibit Letter dated January 20, 2003 to Albert Hernandez from Gerald Mouser (with handwritten notation thereon dated April 16, 2003). Letter dated May 20, 2003 to Gerald Mouser and Russell Wong from Albert Hernandez, Jr. re: "Revised contract price reconciliation" (with attachments). Questar's Responses to Plaintiff's Supplemental Requests for Admissions and Interrogatories dated September 19, 2005. Letter dated August 9, 2002 to Roland Gow from Essex Environmental transmitting invoice for work done on Southern Trails project. Kirt Milligan inspection notes for Friday, July 26, 2002. Kirt Milligan inspection notes for Tuesday, July 2, 2002. Letter dated January 20, 2003 from Patty Specencer (Questar) to Marty Hersh (MCI). Questar would like an itemized accounting for costs paid pursuant to Reimbursement Agreement (August 9, 2002). Memo dated January 29, 2004 from Russell Wong to Don Peterson ­ "Tad Taylor wants me to compile inspection costs for various people" (including Wong and Milligan). Responses dated November 22, 2004 of Questar Regulated Services to Doty's Interrogatories. Responses dated November 22, 2004 of Questar Southern Trails Pipeline Company to Doty's Interrogatories. Admitted

Authenticate d But Not Admitted

Objection

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
267. 266. 265. 264. 262. 263. 261. 260.

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269. No. 268. Exhibit Response dated November 22, 2004 of Questar Southern Trails Pipeline to Doty's Request for Production of Documents. Responses dated June 22, 2004 of Questar Regulated Services to Doty's First Interrogatories. Responses dated July 26, 2004 of Questar Southern Trails Pipeline Company to Doty's First Interrogatories. Amended Response dated November 22, 2004 of Questar Southern Trails Pipeline Company to Doty's Interrogatories. Daily Report dated April 16, 2002 for Questar Southern Trails ­ Cabazon Reroute. Daily Report dated May 17, 2002 for Questar Southern Trails ­ Cabazon Reroute. Daily Report dated June 3, 2002 for Questar Southern Trails ­ Cabazon Reroute. Six invoices from Trench Plate Rental Co. Letter dated June 30, 2003 to Gerald Mouser and Russell Wong from Albert Hernandez, Jr. (with attachment) transmitting Robinson Spur Schedule Analysis (inadvertently omitted from June 7, 2003 packet). Daily Costs Recapitulation for certain specified dates (8/26-8/30; 9/10; 9/11; 9/19; and 9/20) with attached Doty Work Reports. Admitted

Authenticate d But Not Admitted

Objection

6 7 8 9 10 11 12 13 14 15 16 17
275. 274. 273. 272. 271. 270.

18 19 20 21 22 23 24 25 26
277. 276.

Respectfully submitted,

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s/John Michael Johnston John Michael Johnston, OBA No. 4736 228 Robert S. Kerr Ave., Suite 620 Oklahoma City, OK 73102 Tel: (405) 235-4074 Fax: (405) 235-4084 and

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 s/ John Michael Johnston 22 23 24 25 26 I further certify that on the 4th day October, 2005, a full, true and correct copy of the said document was deposited in the United States mail, postage prepaid, and addressed to: Honorable H. Russel Holland United States District Court 222 West 7th Avenue - No. 54 Anchorage, AK 99513 Certificate of Service X I hereby certify that on the 3rd day of October, 2005, I electronically transmitted the attached document to the Clerk of Court using the ECF System for filing. Based on the records currently on file, the Clerk of Court will transmit a Notice of Electronic Filing to the following ECF registrants: Jason Ebe Ronald W. Messerly SNELL & WILMER, L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Charles E. Buri, AB No. 003651 FRIEDL, RICHTER & BURI, P.A. 6909 E. Greenway Parkway, Suite 200 Scottsdale, AZ 85254-2172 ATTORNEYS FOR PLAINTIFF, DOTY BROS. EQUIPMENT CO.

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