761-26293EBB Soil Removal Action Addendum1 10-22-2026.pdf

Former One-Hour Martinizing, 761/26293.EBB ADDENDUM 1 PCE-Impacted Soil Removal Action

FILE# 761/26293.EBB ADDENDUM #1 DATE: 10/22/2026

NOTICE: This Addendum No.1, issued in accordance with the Contract Documents, is hereby incorporated into the Contract Documents. This information supersedes and updates all conflicting information as follows:

CLARIFICATIONS & RESPONSES TO QUESTIONS

1) Only the potential bidders that attended the pre-bid meeting are eligible to submit a bid as the prime contractor. A copy of the pre-bid meeting sign-in sheet is attached.

2) The City of Traverse City Parking Services is the owner of the chain-link fence at the site.

The Contractor shall remove the fence prior to work and reinstall the fence upon completion of the excavation. If the fencing available is not sufficient to completely encircle the restoration area then the Contractor shall prioritize installation of the fence along the west and north sides of the site. The Contractor may utilize the fence materials during their work but will be response for any damage caused to the fencing by their actions or negligence.

If additional fencing material is necessary to protect the work area during excavation activities then that material shall be provided by the Contractor under Pay Item No. 2.

Q1: Contractual Exceptions: Section 00100 indicates that submitting qualifications or additional provisions with a bid may render it nonresponsive. Would the State consider contractual exceptions or modifications through an addendum, particularly regarding indemnification and liability limitations?

R1: No, the State is not willing to modify the indemnification and liability limitations.

Q2: Indemnification and Liability: Section 00700, Paragraph 1.4 includes broad indemnification obligations, including exposure to consequential damages, and the contract does not appear to contain an overall limitation of liability. Would the State consider limiting indemnification to third-party claims arising from the contractor's negligence or wrongful acts, along with a reasonable liability cap and mutual consequential damages waiver?

R2: No, the State is not willing to modify the indemnification and liability limitations.

Q3: Pre-Existing Contamination: Given the nature of the project, can the State confirm that the contractor's responsibility for contaminated materials is limited to the defined scope of work and any contamination caused or exacerbated by the contractor, rather than pre-existing contamination remaining at the site or additional remediation outside the specified excavation limits?

R3: Yes, the Contractor's responsibility for contaminated materials is limited to the defined scope of work and any contamination caused or exacerbated by the Contractor.

Q4: Waste Characterization and Disposal: The specifications identify the hazardous concrete disposal approval for Republic Services Wayne Disposal as pending. Has this approval been finalized? Additionally, if materials are rejected or require reclassification due to conditions inconsistent with the State-provided waste characterization, would the resulting additional costs and delays be eligible for a contract adjustment?

R4: It is our understanding that the hazardous concrete profile for Republic Services Wayne Disposal is approved but has not been finalized as they require a billing entity to finalize. If materials are rejected or require reclassification due to conditions inconsistent with the State-provided waste characterization, the Contractor could be eligible for a contract adjustment provided that they can show that they were not at fault for the rejection (e.g., exposed rebar) or need to reclassify.

Former One-Hour Martinizing, 761/26293.EBB ADDENDUM 1 PCE-Impacted Soil Removal Action

Q5: Differing Conditions and Quantity Changes: Section 00800, SC-4 allows quantities to vary by up to 50% without an adjustment to unit pricing. Would the State consider an equitable adjustment where significant quantity variations, unforeseen subsurface conditions, or changes in waste classification materially affect the contractor's costs or schedule?

R5: Section 800, SC-4, stands as written. The Contractor may request a change order, either for schedule, unit pricing, or both, if unforeseen subsurface conditions, or changes in waste classification materially affect the contractor's costs or schedule.

Q6: Delays and Liquidated Damages: Can the State confirm that delays attributable to owner-directed changes, unforeseen conditions, or delays in owner-controlled approvals or testing would be eligible for extensions of time and relief from the associated liquidated damages?

R6: Yes, delays attributable to owner-directed changes, unforeseen conditions, or delays in owner-controlled approvals or testing would be eligible for extensions of time and relief from the associated liquidated damages.

Q7: Permanent Fencing: Sections of the existing fence on site are damaged. Should bidders include the installation of permanent fencing as part of the site restoration?

R7: Bidders should include re-installation of the existing fence (posts, fabric, supports) and any consumables (e.g., fence ties, wire) necessary to complete fence installation in Bid Item #9. Bidder is not required to purchase additional fencing beyond that available at the site for restoration purposes.

Q8: Concrete Slabs: What is the thickness of the existing concrete slab(s) to be removed?

R8: Observations made during sampling at the site indicate that the concrete slab is of varying thickness, between 4 – 6 inches.

Q9: Topsoil: What thickness of topsoil should be included for site restoration?

R9: Three inches.

CHANGES TO THE CONTRACT DOCUMENTS:

Replace Sheet 4, Proposed Restoration Plan, with the sheet attached to this Addendum

Replace Section 01025, Paragraph 10(b), in its entirety to read:

Payment: The Item Bid Price is full compensation for all Work specified in Section 02900, including furnishing and placing topsoil to a minimum depth of 3 inches, topsoil preparation, fertilizing, seeding, mulching, watering, and establishment of a smooth and full vegetative cover; re-installation of chain-link fence; restoration of pavement, curb, walk, and other surfaces and facilities disturbed by the Work to equal or better condition; and removal of temporary erosion control measures after vegetation is established.

ADDENDUM ACKNOWLEDGMENT:

This Addendum No. 1 shall be attached to and shall become a part of the Contract Documents.

Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may result in the rejection of the Bid.

ATTACHMENTS:

1. Pre-Bid Meeting Attendance List

2. Sheet 4 – Proposed Restoration Plan, revised 10/21/2026.

END SECTION

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NOTES:

1) ALL AREAS DISTURBED BY THE

CONTRACTOR SHALL BE

RESTORED TO PREEXISTING

CONDITIONS AT NO ADDITIONAL

COST TO OWNER

2) BENCHMARK BM-1 ELEVATION IS

596.04' (NAVD 88).

Know what's below.

before you dig.Call

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