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<br />depth of 6 inches over the entire disturbance or to the extent of the available soil." There <br />was topsoil still available out of the stockpile in question. The topsoil pile was in plain view <br />therefore not a changed site condition. At no time did the OWNER ever state that the <br />CONTRACTOR was only required to move a single topsoil stockpile. <br />During the meeting of May 11, 1994, in Denn}~s Restaurant in Florence between Preston <br />Mease, John Nelson and Jim McArdle, Mr. Mease was asked specifically if he had seen this <br />topsoil stockpile and he told Mr. Nelson and Mr. McArdle that he had. The entve basis <br />of CWL's azgument rests with a map which did not portray 2 stockpiles. The OWNER <br />asserts that the CONTRACTOR moved this topsoil pile under his lump sum bid and is not <br />entitled to additional compensation for this item. <br />Due to the Contractor's indication of his intent to dispute the inclusion of the Est Pit West <br />Side Topsoil Pile in the lump sum bid items, the Owner kept machine time records. <br />Machine time to move this pile began during the afternoon of June 15, 1994 and continued <br />until June 28, 1994. A total of 72 hrs of cat (TD-25) time ($6480.00), 10.5 hrs of D-7 time <br />($787.50) and 73 hrs of scraper time ($11,842.00) were used to move this pile. These <br />amounts were included in both CWL invoices dated 6-26-94 and 7-24-94. <br />The OWNER maintains that this topsoil pile is part of the lump sum bid. The OWNER <br />does not believe that the CONTRACTOR is owed any additional amount for moving topsoil <br />from the East Pit West Side topsoil stockpile. <br />FINDING: The East Pit West side topsoil pile was specifically identified at the pre-bid <br />meeting to be moved as well as having been considered in Tasks 4, 7, 9 and 13 of the <br />special conditions in the bid document. Specifically, they state that "Topsoil/growth medium <br />is available from topsoil stockpiles located at the East Pit on Map 7". The key term is the <br />plural form of stockpiles. <br />Mr. Mease is correct in stating that the map showed only one topsoil pile west of the East <br />Pit. However, as stated in the General Bid Specifications, "In case of a difference between <br />the contract documents, precedence shall be given to the Special Conditions, not the map". <br />As more than one stockpile is mentioned in the Special Conditions, the Special Conditions <br />document takes precedence. <br />In my meeting with Mr. Mease, he referred to the Special Conditions of the bid document <br />which stated "that topsoil/growth medium must be evenly replaced over the entire <br />disturbance to a depth of 6 inches". In his bid, he estimated moving only the three topsoil <br />stockpiles that were identified the map, although he said it was cleaz to him that there <br />would not be enough topsoil to cover the site with 6 inches based on the volume of topsoil <br />in those three piles. He asserted the Owner was deleting tasks from the project in order <br />to pay additional hourly rates for topsoiling for which he claims be has not been paid. He <br />complained that work was deleted, the topsoil was moved, and he has not been paid. <br />9 <br />