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J' <br /> contamination and special excavation. He added many residents, including himself, were <br /> aware of and had informed WSB of the existence of the construction material in the park <br /> 3 area, adding he is concerned with presenting this new information to the public. <br /> 4 <br /> 5 Thuesen stated the firm should have been more aggressive in their communication with <br /> 6 the Council with regard to the uncertain nature of the material in the park. He added mor <br /> 7 research should have been undertaken to determine the amount of debris. <br /> 8 <br /> 9 Soth stated he had reviewed the provisions of the contract with WSB, and the <br /> 10 specifications are written in such a way that indicates the contract is unable to rely on the <br /> 11 estimate given. he added the contractor could argue the original specifications indicate <br /> 12 the debris is locate in a limited area. <br /> 13 <br /> 14 Soth stated the specifications provide some good arguments for holding the contractor to <br /> 15 the contract. Cavanaugh stated the community is concerned with safety and action must <br /> 16 be taken immediately. Mr. Hubmer stated the contractor had indicated a safety fence <br /> 17 would be erected and should have been in place by now. <br /> 18 <br /> 19 Mr. Willenbring suggested a meeting between the City Attorney and the contractor take <br /> 20 place immediately. Faust agreed, stating the contractor has some responsibility with <br /> 21 regard to the contract. Thuesen stated a meeting might indicate whether there is room for <br /> 46 negotiation. <br /> 24 Faust asked whether the additional $230,000 is the worst case scenario. Mr. Willenbring <br /> 25 stated larger debris must still be dealt with, as well as soil correction underneath the <br /> 26 debris, and the actual figure could be closer to $275,000. Ranallo stated the Council <br /> 27 thought$1.3 million was a large sum for the project, and now it seems an additional <br /> 28 $230,000 isn't even enough. <br /> 29 <br /> 30 Marks asked what the contractor's reaction might be to noticing a default. Mr. <br /> 31 Willenbring stated the contractor would probably continue work on the site. <br /> 32 <br /> 33 Cavanaugh stated the issue will eat away at the community far greater than the dollars <br /> 34 spent, and time is of the essence in taking action. <br /> 35 <br /> 36 Mr. Willenbring suggested a meeting with the contractor be held on Wednesday <br /> 37 November 24, 1998 and a discussion with the Council that same evening. Soth indicated <br /> 38 another attorney in his office with experience in construction litigation might be <br /> 39 available. <br /> 40 <br /> 41 Cavanaugh asked Scott Tracy for his opinion with regard to the change order. Mr. Tracy <br /> 42 stated the argument can be made that there is a change in conditions on site and a change <br /> �43 order is warranted. <br /> *45 Ranallo instructed the City Manager, City Attorney and representatives from WSB to <br />