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that these piles were on, and (c) to move some brush on the East side of the East Pit. These three piles of topsoil are identified as Chens Hill North Pile, the East Pit Yard Pile, and the East Pit west. side additional topsoil pile. The Chens Hill North Pile was addressed in a letter from DMG dated May 10, stating that this pile was not included in the lump sum topsoiling price. Later, however, DMG was still trying to coerce CWL into spreading this topsoil at no charge to DMG. CWL was asked to move this using hourly equipment rental. CWL has not been paid fully for this. 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 he very end of the job, when CWL pointed it out to DMG. DMG then told CWL to spread this, using equipment rental. CWL has not been paid for this. 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 process. Task 4 "Chens 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 be based upon the Equipment 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 topsoiling 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, not withstanding any remarks or clarifications given at this meeting and site showing, all terms and conditions of the contract documents remain unchanged unless they are changed by written amendments issued by the OWNER." This also is addressed in the amendment 111 dated January 12, 1994, 1114 "All other items in the original Invitation and Bid not addressed in this amendment remain unchanged". At the pre bid meeting the DMG identified additional piles of topsoil to be used under the lump sum topsoiling prices, they did include these in amendment 111. There were also two piles of topsoil in 'the East Pit area, they were aware of at least one of them, but did not include it in the amendment. These piles in the east pit area both had topsoil signs in them. On July 6th I was directed by John Nelson to use this small pile (yard pile) and they would pay for it hourly. The DMG has withheld payment on the East Pit west side 4