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<br />CHA1~GE ORDER NO 1 <br /> <br />Date: April 10, 2008 <br />PI oject: IP 06-33 Former St Paul Terminals <br />Contractor: Team Earthworks Inc. <br />Current Contract Amount: $177,672.00 <br />Award Date: November 14, 2006 <br /> <br />Contract Modifications: <br />The scope ofth:is project had been estimated to require the excavation and removal of <br />4400 cubic yards of material, of which 200 cubic yards was estimated to be contaminated <br />to such a degree that it would need to be disposed in a hazardous waste landfill as Toxic <br />Substances Control Act (TSCA) wastes. The TSCA waste was located in an earthen bank <br />located along the western property line. Upon excavation large pieces of concrete and <br />other debris items were found buried inside this bank which was neither evident from <br />visual observation prior to the work, nor in the two soil borings provided by the City as a <br />part of the plans and specifications. Bidders were not permitted to make their own <br />borings because of the hazardous nature of the material involved. As a result of the waste <br />bulkiness, the hazardous waste bags that were used to transport the TSCA waste <br />contained roughly half of the volume that was anticipated. This changed condition <br />entitles the contractor reasonable consideration for compensation. Corroborating this fact, <br />it should be noted that the other six bidders that submitted proposals for this project <br />submitted unit prices roughly similar to Team Earthworks, and all six would have <br />experienced a loss had they been compensated for the removal and disposal of the TSCA <br />wastes assuming that their disposal cost was the same. <br /> <br />Cost of Change: <br /> <br />The contractor hereby agrees to an additional payment Qf$14,107.50 for compensation <br />associated with the extra cost hauling and disposal of the TSCA wastes. This amount <br />represents the difference between the between the actual hauling and disposal costs of the <br />TSCA waste and the payment for these costs based upon the unit bid prices. <br />Documentation shall be 'provided by the Contractor substantiating the actual hauling and <br />disposal costs of the TSCAwastes <br /> <br />-89- <br />