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as they are all bunched up ut a small valley, making scheduling and constnsction dif)'icult and time-consuming. The amount of the claim is based on CWL's estimate of lost ejjrciency. Response: The Bid Invitation Special Conditions Task 12, Work Description 12c states that "The exact location of the drop structures shall be determined by the PROJECT MANAGER after grading work is complete". This indicates that the structures might be placed either closer or farther apart than 150 foot centers. The OWNER does not believe that the CONTRACTOR is due any additional money for this item. No specific evidence to document increased costs has been provided. FINDING: There is no evidence to support this claim. No further payment is due. Item # 10 Amount - 53500.00 To repair CWL's seed drlt; as CWL was required to seed into the rock Thu was due to a change of conditions. The State indicated that they had enough topsoil to cover the entire project. They were short in all areas. The topsoil borrow areas and some areas that didn't receive topsotl were rock This rock destroyed CWL's seed drill Response: The CONTRACTOR was never lead to believe that the Division had a sufficient quantity of high quality topsoil to replace over the graded areas. As an example, the Bid Imitation refers to topsoil/growth medium in tasks 4,7,9 and 11. The reason the OWNER stated topsoil/growth medium was because of the questionable quality. The CONTRACTOR had an opportunity to inspect the topsoil stockpiles during the Pre-Bid Meeting and should have noted that rocks of various sizes existed on the surface of the topsoil piles. In fact, topsoil/growth medium was in such short supply that the OWNER required that subsoils be salvaged during the East Pit slope reduction work. Amendment Number 1 to RN-MINES-322 Item 8 states that "Prior to grading down the east side of the pit, the top 1 foot of available topsoil will be stripped and stockpiled to the east, north and south. Following topsoil removal and segregation, the next 2 feet of available overburden will be stripped and stockpiled to the east, north and south for use as a growth medium." The Bid Invitation Special Conditions Task 14 states that "Upon completion of the final grading, the disturbed land will be fertilized, drill seeded, mulched and crimped in accordance with the revegetation spermcations outlined in Section 20.0, Revegetation, of the General Bid Specifications. The General Bid Specifications Section 20.0, Revegetation states in part that 'The seedbed shall be firm. Trash, weeds and other debris that will interfere with seeding operations shall be removed or disposed of as approved by the PROJECT MANAGER:' The OWNER cannot be held accountable for equipment damaged while being operated by the CONTRACT'OR'S operators, while under the direct supervision of the CONTRACTOR through improper operation or because the CONTRACTOR failed to properly prepare the 20