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FINDING: IMP submitted the Equipment Rental Record and copies of all Mr. Mease's invoices showing what was approved for payment. Based on these records there is evidence showing that machine time to move Chen's Hill North Pile was paid. The East Pit Yard pile was a small pile near the East Pit and was not identified in the contract documents. It didn't become evident to them that it was topsoil until near the very end of the job, when CWL indicated this to DMG. DMG then told. CWG to spread this using equipment rental CWL has not been paid for this. RESPONSE: Machine time to move the East Pit Yard Pile was only for the D-7 and TD-25 cats and consisted of 6 his (TD-25) ($540.00) and 5 his (D-7) ($375.00) all on 6-29-94. This machine time was included in the CWL Invoice 6 dated 7-24-94 and was paid. FINDING: IMP submitted the Equipment Rental Record and espies of all Mr. Mease's invoices showing what was approved for payment. Based on these records there is evidence showing that machine time to move the East Pit Yard Pile was paid. The third pile, the East Pit West Side additional topsoil, was not identified in the contract documents to be replaced under the lump sum topsoiling prices. Task 4 "Chen's Hill topsoil replacement ; Task 7 "West Slope topsoil replacement ; and Task 9, 'North End topsoil replacement ;state that "If project manager requires additional topsoil to be brought in from the east Pit site, this cost will be paid separately, and will 6e based upon the Equipmem Rental rates. " The East Pit West side additional topsoil was the only other topsoil available to which this reference could apply. The state asserts that the East Pit West side pile was identified at the pre-bid meeting to be moved under the lump sum topsailing prices in Task 4, 7, 9 and 13. This is refuted on page 1 of the special conditions Pre-Bid Meeting and site showing 3rd paragraph, which reads: 'Bidders are cautioned that, notwithstanding arty remarks or clarifications given at this meeting and site showing all temu and conditions of the coruract documents remain unchanged unless they are changed by written amendmeru issued by the OWNER " This is also addressed in the amendment #1 dated January 1~ 1994, #14 'All other items in the original Invitation and Bid not addressed ut this amendment remain unchanged': RESPONSE: In regard to the East Pit West Side topsoil stockpile, Bid Invitation Tasks 7, 9 and 13 state that 'Topsoil\growth medium is available from stockpiles located at the East Pit on Map 7." The map shows only a single stockpile location As outlined in the General Conditions, page 1, "In case of a difference between the contract documents, precedence shall be given to the Special Conditions, not the map. As more than one stockpile is mentioned, the Special Conditions document takes precedence. At the Pre-Bid Meeting, all contractors were taken to both piles and bosh piles were specifically pointed out and discussed with the contractors. Also, Amendment 1, item 11 states in part "the topsoil and overburden growth medium must be replaced evenly to a 8