Opinion of the Court 111 C. Cls. in the contract that required plaintiff to employ this method of construction. Such beams could as well have been poured separately or with the foundation piers. Plaintiff produced and placed 107.26 cubic yards of concrete in constructing these reinforced beams and made claim for payment therefor at $30 a cubic yard under the provisions of unit price Item 6, Alternate 2. The claim was denied by the contracting officer and the head of the department, on the ground that the contract required that these beams be included in the lump sum price for the buildings in connection with which they were constructed. No facts were in dispute, and the claim did not involve a question of fact within the meaning of Article 15 of the contract. In making its bid plaintiff included these beams in unit price Item 6, and did not include their cost in the lump sum bid price for the building. We think plaintiff's interpretation of the Bid Form, the drawings, and specifications was reasonable, and that the decisions denying the claim were not supported by any facts or by the language or the intent of the contract. The only provision in the Bid Form, which was prepared by defendant, with reference to concrete was in unit price bid Item 6, which was entitled "Formed concrete foundations." While concrete beams, as such, were not specifically mentioned in bid Item 6, there was no other provision in the Bid Form or the Specifications which covered them and they were shown on the drawings relating to foundations and the details thereof. We think, therefore, that these beams were included and intended to be so included in unit price bid Item 6. This view is strongly supported by the fact that all concrete work called for by the contract was included in bid Item 6, except elevated floor slabs not on earth or gravel, which slabs would also have been included in bid Item 6 if defendant had not inserted in the Bid Form an express provision (quoted under the preceding claim) that such floor slabs "shall be included in the lump sum price for each building." From this we must conclude that if it had been intended that the concrete beams were also to be included in the price for the buildings rather than in the only bid item relating to concrete (Item 6), they would have been 184 Opinion of the Court mentioned in the "Note" along with the concrete slabs. These beams served the same purpose as "foundation walls" mentioned in bid Item 6, and they were required only where foundation walls were not specified in the foundation drawings. We think under all the circumstances that the beams fairly come within the term "Formed concrete foundations" or the term "Foundation walls." In reality the beams were as much a part of the concrete foundation piers as were the foundation walls. The contracting officer and the head of the department said that foundations customarily terminate at the top of the piers and they therefore considered the concrete beams to be a part of the superstructure. But this is not a hard and fast rule and it cannot be regarded as controlling where, as here, the only provision with reference to such beams was in the unit price item. Certainly there is nothing in the rule that would prevent the parties to a contract from including the concrete for such beams in a unit price item for concrete rather than a lump sum price for the superstructure. Here the language of the contract, as well as the evidence of intention, fairly shows that the reinforced concrete beams in question come under unit price Item 6. As we have said, plaintiff's interpretation of the Bid Form and the drawings was reasonable, and any doubt as to whether, under the terms of the contract, the work falls under Item 6, or the lump sum items, should be resolved in favor of plaintiff since the defendant prepared the Schedule of Bid Items and the Bid Form. Plaintiff is entitled to recover $3,217.80 on this claim. ITEM 3. CLAIM FOR $2,018 FOR EXCAVATION AND CONCRETE FLOOR SLABS FOR WASH RACKS Bid Item 33, under "Structures," called for "Wash Rack, Mod (25' x 60') (5-Car) (Excluding Booster Pump and Connections)," and two wash racks were indicated under "Estimated Quantity." The Booster Pumps were Item 34. These wash racks were shown on drawing 700-348 (not in evidence). They were not mentioned in the specifications. There was no provision in the contract documents that these wash racks were to be "paid for complete, complete in place, ready for use." (See General Note 1, in the Bid Form, find Opinion of the Court 111 C. Cls. ing 2.) The "Note" in the Bid Form which followed the unit price items and preceded the listed "Structures,” provided that the unit price for each of the "buildings,” which included structures, thereinafter listed would not include, among other things, "excavation, gravel fill under floor slabs, concrete floor slabs on earth or gravel." "Excavation for building foundations, footings, and floor slabs" was included in unit price Item 2; "gravel fill under floor slabs” was included in unit price Item 3; and "concrete for floor slabs" was included in unit price Item 6. Plaintiff sublet part of the work for the wash racks and booster pumps to its plumbing subcontractor. On the basis of this sub-bid and the cost of such work as plaintiff would perform, exclusive of excavation and concrete floor slabs, plaintiff bid $1,200 for each wash rack. Plaintiff performed 109 cubic yards of excavation for the installation of the two wash racks, and claimed payment therefor at $2 a cubic yard, or $218, under unit price Item 2. Plaintiff also produced and placed 60 cubic yards of reinforced concrete floor slabs for the two wash racks and claimed payment therefor at $30 a cubic yard, or $1,800, under unit price Item 6. Gravel fill under the floor slabs was used as an extra and that item was paid for under unit price Item 3 at $5 a cubic yard. These claims were denied by the contracting officer, whose decision was affirmed on appeal, on the ground that "It is the interpretation of this office that the wash racks are to be paid for at the unit price stated under Item No. 33, complete in place." In view of the provisions of the contract documents above referred to and the evidence submitted, we think the defendant's interpretation of bid Item 33 was clearly erroneous. Plaintiff has shown what costs entered into its bid price of $1,200 for each wash rack, and also that the cost of excavation and concrete was not included therein. Plaintiff is entitled to recover $2,018 on this claim. ITEM 4. CLAIM FOR $850 FOR ONE BOOSTER PUMP The facts with reference to this claim are set forth in findings 18 to 23, inclusive. The designation of bid Item 34 was 184 Opinion of the Court "Booster Pump and Connections for Wash Rack." This was the only item in the Bid Form with respect to which defendant failed to state the "Quantity," and in view of the language of the "designation" this would indicate one pump. However, Section VIII of the Specifications called for a booster pump at each wash rack, and paragraph 8-11 provided that "Payment shall be made at the contract unit price bid for 'Booster Pump and Connections for Wash Rack' which price and payment shall constitute full compensation for furnishing, placing, testing, and all incidentals necessary to complete the item. Under this item shall be included all piping and connections to a point 5 ft. from booster pump on intake side." Other paragraphs specified other things to be furnished and installed in connection with and in addition to the pumps. Plaintiff bid a "unit price" of $850, in the fifth column of the Bid Form, for one pump complete with housing, wiring, connections, etc., on the basis of the work it would do and on the bid of its subcontractor who was to furnish the pumps and plumbing. Plaintiff inadvertently and unintentionally entered the amount of its bid price for one pump of $850 in the total column of the Bid Form, instead of entering therein $1,700 as the total for the two pumps complete in place. Because plaintiff had entered the figure of $850 in the total column, defendant refused to pay plaintiff on any other basis. This action was not supported by facts and was clearly contrary to the provisions of paragraphs 8-11, supra, and also Note 3 of the General Notes in the Bid Form, which stated that "* * * In case of variation between unit bid price and totals shown by bidder, the unit price will be considered to be his bid." Defendant ignored this provision. Plaintiff's error was caused by defendant's failure to indicate the quantity. On the facts and under the terms of the contract plaintiff is entitled to recover $850 on this claim. ITEM 5. CLAIM FOR $2,326 FOR CERTAIN MATERIAL USED FOR SPACE GRADING UNDER BUILDINGS This claim involves the question whether plaintiff is entitled to be paid twice for 1,163 cubic yards of material, Opinion of the Court 111 C. Cls. first, under Item 2, as excavation for foundations and, second, under Item 1, as material used for the purpose of grading under buildings. Bid Items Nos. 1 and 2, as set forth in the Bid Form, are as follows: 1 2 General 7,902 Cu. yd.... Excavation, unclassified (space grading), 4,905 Cu. yd.... Excavation for building foundations, foot- The applicable provisions of the Specifications, Part II, Section I-Excavating, Filling and Grading for Buildings, provide, in part, as follows: 1-01. Scope.-The work includes the furnishing of all labor, materials and equipment required to perform all necessary clearing, excavating, filling, backfilling and grading required for construction of the buildings, (and for the construction of all utilities within and to a point 5'-0" beyond building lines), in accordance with the drawings, and subject to requirements hereinafter specified. * * * 1-09. Grading.-All excavated materials lying above finished grade shown on drawings shall be spread so that none of it remains above finished grade lines. Where finished grades under buildings are not clearly shown, grading under, and for distance of ten (10) feet outside buildings shall be such as will provide positive drainage without ditching. Where excavated material is in excess of that required for back-filling and grading, surplus material shall be removed and deposited as directed by the Contracting Officer. 1-10. Disposal of Excavated Material.-Materials classified as earth shall be used for backfilling and such rough grading as is required on the site. Any excess material shall be placed where directed by the Contracting Officer. The furnishing of rough exterior grading material, other than that resulting from his work, will not be required of the Contractor. In case |