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2023-706-E-Planning Dept-Proshot Concrete-Change Order No 1-Construction Contract for Lake Orange Dam-Orang-005- Auxiliary Spillway Concrete Repairs Project
EJCDC® C-941, Change Order. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 1 of 1 CHANGE ORDER NO.: 01 Owner: Orange County, NC Owner’s Project No.: ITB 367-OC5396 Engineer: Schnabel Engineering South, P.C. Engineer’s Project No.: 23210035.00 Contractor: Pro Shot Concrete, Inc. Contractor’s Project No.: 23-058 Project: Lake Orange Auxiliary Spillway Concrete Repairs Project Contract Name: Orange County Contract No. 2023-612 Date Issued: December 8, 2023 Effective Date of Change Order: December 8, 2023 The Contract is modified as follows upon execution of this Change Order: Description: This Change Order is to account for the actual size of the concrete repair areas encountered in the field compared to the estimated sizes that were used for bid. In addition to the change in the concrete repairs’ areas, the depth of some of the repairs was greater than anticipated in the bid documents, and a void was encountered behind the South Wall. A line item has been added to the original bid form to account for the additional chipping and shotcrete associated with the increased depth of some of the repair areas, and to fill the void behind the South Wall with grout. Exhibits: • Exhibit A – Letter from Proshot Concrete, Inc. dated December 6, 2023 • Exhibit B – Original Bid Form dated September 6, 2023 (based on design) • Exhibit C – Revised Bid Form dated December 6, 2023 (based on field conditions) Change in Contract Price Change in Contract Times Original Contract Price: Original Contract Times: Substantial Completion: January 30, 2024 $ 179,540.00 Ready for final payment: January 30, 2024 Decrease this Change Order: Decrease this Change Order: Substantial Completion: 0 days $ - 543.00 Ready for final payment: 0 days Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: January 30, 2024 $ 178,997.00 Ready for final payment: January 30, 2024 Recommended by Engineer Authorized by Owner By: Samuel Kees Bonnie Hammersley Title: Vice President (Schnabel Engineering) County Manager Date: Authorized by Contractor Approved by Funding Agency (if applicable) By: Tony McDougle Title: President/Owner (Proshot Concrete, Inc.) Date: DocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE 12/7/2023 12/7/2023 12/8/2023 Revised 04/23 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information256- Vendor Name: Proshot Concrete, Inc. Vendor Contact Person: Tony McDougle (President/Owner) Phone: 256- 764-5941 Address: 4158 Musgrove Drive City Florence State: AL Zip: 35630 Department: Planning Amount: -$543.00 Purpose: Change Order No. 1 – Construction Contract for Lake Orange Dam (ORANG-005) Auxiliary Spillway Concrete Repairs Project Budget Code(s): 61370035-880000-10074 (Lake Orange CIP - Construction) Vendor # 68275 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 2023-612) (Most Recent Amendment ) Effective Date October 25, 2023 End Date January 30, 2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by County Manager Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: DocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE 12/7/2023 12/7/2023 12/8/2023 12/8/2023 Revised 04/23 2 Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE PROSHOT CONCRETE, INC. SHOTCRETE CONTRACTORS & ENGINEERS Telephone: 256.764.5941 4158 Musgrove Drive Fax: 256.764.5946 Florence, AL 35630 P.O. BOX 1636 4158 MUSGROVE DRIVE FLORENCE, ALABAMA 35631-1636 TELEPHONE: (256) 764 - 5941 TOLL FREE: (800) 631 - 3141 FAX: (256) 764 – 5946 WWW.PROSHOTCONCRETE.COM WE ARE AN EQUAL OPPORTUNITY EMPLOYER Mr. Christopher Sandt December 6, 2023 Orange County, NC 131 W. Margaret Lane, Suite 201 Hillsborough, NC 27278 Subject: Change Order Lake Orange Auxiliary Spillway Concrete Repairs Mr. Sandt, As you are aware, and as discussed, the depth of the repairs is far exceeding the anticipated repair depths as referenced on the original contract (Exhibit A) documents – <1” thick and >1” thick. As we have ‘chipped’ most of the identified areas, none are less than 1” thick and most of the areas are greater than 5” thick, and up to 8” thick. In addition, several significant voids behind the existing walls have been identified that need to be filled. The attached Bid Form (Exhibit B) has been adjusted to incorporate the increased thickness repairs and we will fill the identified voids with a pressure injected cementitious grout once the bottoms of the concrete walls have been repaired. ‘Line Item 32’ has been added to account for the additional Chipping/Material Thickness/Grouting/Void Filling. The walls will be cored in various spots to pressure inject the grout. Once the void is full, the cores will be filled and repaired. ALL Joints will be repaired at contract price. The ‘red crossed-out’ areas have been removed from the contract to account for the additional work as well. Please review the above at your convenience and call with any questions you may have. I can be reached via my mobile phone at (757) 620-4840. Your expeditious response is greatly appreciated. Respectfully Submitted, Albert F. Pugliese Cc: Darrell McCravy Exhibit ADocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE Exhibit BDocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE DocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE Orange County, North Carolina Lake Orange (ORANG-005) Auxiliary Spillway Concrete Repairs Project Bid Proposal Form 004000-1 LAKE ORANGE (ORANG-005) AUXILIARY SPILLWAY CONCRETE REPAIRS PROJECT BID PROPOSAL FORM SINGLE PRIME CONSTRUCTION WORK Informal Contract The undersigned, as Bidder, hereby declares that the only person or persons interested in this Bid Proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this Bid Proposal or in the Contract to be entered into; that this Bid Proposal is made without connection with any other person, company or parties making a Bid Proposal; and that it is in all respects fair and in good faith without collusion or fraud. The Bidder further declares that he/she has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be done; that he/she has examined the specifications for the work and the Contract Documents relative thereto, including Addenda, if any, and has read all special provisions furnished prior to the announced Closing Time for Bids; that he/she has satisfied himself relative to the work to be performed. The Bidder proposes and agrees if this Bid Proposal is accepted to contract with Orange County, North Carolina with a definite understanding that no money will be allowed for extra work, except as set forth in the General Conditions and Contract Documents. The Bidder further proposes and agrees hereby to commence work under his/her Contract on a date to be specified in a written order of Orange County, North Carolina and shall fully complete all work there under within 120 consecutive calendar days from and including said date in complete accordance with the plans, specifications and Contract Documents, to the full and entire satisfaction of Orange County, North Carolina and Timmons Group. Applicable liquidated damages shall be as stated in the Supplementary General Conditions, Article 13. SINGLE PRIME CONTRACT Bid Item # Location Repair ID Photo ID Repair Method(s) Approx. Size Unit Price ($/SF) Total Price ($) 1 MOB. & DEMOB. n/a n/a n/a n/a L S 8,000.00 2 SLAB SB-1 1/2 1 69.56 150.00 10,434.00 3 EAST WALL E-1 3 1/2 4.63SF 150.00 694.50 4 EAST WALL E-2 4 1/2/3 110.4 150.00 16,560.00 5 NORTH WALL N-1 5 1/2 17 SF 150.00 2,550.00 6 NORTH WALL N-2 6 1/2 6 SF 150.00 900.00 7 NORTH WALL N-3 7/8 4 40 LF 150.00 1,920.00 8 NORTH WALL N-4 9 1/2 78.04 150.00 11,706.00 9 NORTH WALL N-5 10 1/2 21.85 150.00 3,277.50 Repair was NOT conducted based on direction by Owner Exhibit CDocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE Orange County, North Carolina Lake Orange (ORANG-005) Auxiliary Spillway Concrete Repairs Project Bid Proposal Form 004000-2 10 NORTH WALL NJ-1 11 5 15 SF 150.00 2,250.00 11 NORTH WALL N-6 12 1/2 4.88 SF 150.00 732.00 12 NORTH WALL N-7 13 1/2 88 SF 150.00 13,200.00 13 NORTH WALL N-8 14 1/2 7.50 SF 150.00 1,125.00 14 NORTH WALL N-9 15 1/2/5 8.86SF 150.00 1,329.00 15 NORTH WALL NJ-2 16 5 10 SF 150.00 1,500.00 16 NORTH WALL N-10 18/19/20/21/22 3 71.16 SF 150.00 10,674.00 17 NORTH WALL NJ-3 17 5 10 SF 150.00 1,500.00 18 NORTH WALL N-11 23 1/2/4/5 7.5 SF 150.00 1,125.00 19 NORTH WALL N-12 24 1/2 5.1SF 150.00 765.00 20 SOUTH WALL S-1 25 1/2 35 SF 150.00 5,250.00 21 SOUTH WALL SJ-1 26 5 15 LF 48.00 720.00 22 SOUTH WALL S-2 30/31/32/33/34 3 234.5 SF 150.00 35,175.00 23 SOUTH WALL SJ-2 27 5 15 LF 48.00 720.00 24 SOUTH WALL S-3 28 1/2 7.2 SF 150.00 1,080.00 25 SOUTH WALL S-4 29 1/2 4 SF 150.00 600.00 26 SOUTH WALL SJ-3 35 5 15 LF 48.00 720.00 27 SOUTH WALL S-5 36 1/2 18 SF 150.00 2,700.00 28 SOUTH WALL SJ-4 37 5 10 LF 48.00 480.00 29 SOUTH WALL SJ-5 38 5 10 LF 48.00 480.00 30 SOUTH WALL S-6 39 1/2 1 SF 150.00 150.00 31 SOUTH WALL S-7 40 1/2/3 12 SF 150.00 1,800.00 32 Additional chipping/material /grouting/filling voids/repair cores based on field conditions 64,800.00 Total Price ($) = 178,997.00 The undersigned acknowledges receipt of the following Addenda issued during the time of bidding and includes the changes therein in this Bid Proposal: Addendum Number 1 , Dated 8-29-23 _ Addendum Number , Dated _ Addendum Number , Dated _ Addendum Number , Dated _ The undersigned agrees that this Bid Proposal will not be withdrawn for a period of sixty DocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE Orange County, North Carolina Lake Orange (ORANG-005) Auxiliary Spillway Concrete Repairs Project Bid Proposal Form 004000-3 (60) consecutive calendar days. The undersigned agrees to ensure compliance with the E-Verify requirements of the General Statutes of North Carolina, all contractors, including any subcontractors employed by the contractor(s), by submitting a Bid Proposal or any other response, or by providing any material, equipment, supplies, services, etc., attest and affirm that they are aware and in full compliance with Article 2 of Chapter 64, (NCGS64-26(a)) relating to the E-Verify requirements. DocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE Orange County, North Carolina Lake Orange (ORANG-005) Auxiliary Spillway Concrete Repairs Project Bid Proposal Form 004000-4 The undersigned further agrees that in the case of failure on his part to execute the said Contract and the Bond within ten (10) consecutive calendar days after written notice being given of the award of the Contract, the check, cash or Bid Bond accompanying this Bid shall be paid into the funds of Owner's Account set aside for this Project, as liquidated damages for such failure; otherwise, the check, cash or Bid Bond accompanying this Bid Proposal shall be returned to the undersigned. By acceptance of this contract/purchase order or by submission of any Bid Proposal, etc, vendors, contractors, and/or subcontractors affirm they are not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 143-6A-4, Iran Divestment Act Certification. Contractor/vendor shall not utilize any subcontractor that is identified on the list. Respectfully submitted this day of , 2023 (Name of Firm or Corporation making Bid) By: WITNESS: (Proprietorship or Partnership) Title: (Owner, Partner, or Corporation President or Vice President Only) Address: Affix Corporate Seal Above License Number: ATTEST: By: Title: (Corporation Secretary or Assistant Secretary Only) CORP SEAL DocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE Orange County, North Carolina Lake Orange (ORANG-005) Auxiliary Spillway Concrete Repairs Project Bid Proposal Form 004000-5 MINORITY BUSINESS PARTICIPATION REQUIREMENTS Provide with the Bid Proposal - Under GS 143-128.2(c) the undersigned Bidder shall identify on its Bid Proposal (Identification of Minority Business Participation Form) the minority businesses that it will use on the project with the total dollar value of the work that will be performed by the minority businesses. Also list the good faith efforts (Affidavit A) made to solicit minority participation in the Bid Proposal effort. Note: A contractor that performs all the work with its own workforce may submit an Affidavit (B) along with Affidavit (A). Note: Affidavit A and Affidavit B must be submitted with the bid. After the announced Closing Time for Bids - The Owner will consider all Bid Proposals and determine the lowest responsible, responsive bidder. Upon notification of being the apparent low bidder, the Bidder shall then file within 72 hours of the notification of being the apparent lowest bidder, the following: An Affidavit (C) that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the 10% goal established. This affidavit shall give rise to the presumption that the Bidder has made the required good faith effort and Affidavit D is not necessary; * Or * If less than the 10% goal, Affidavit (D) of its good faith effort to meet the goal shall be provided. The document must include evidence of all good faith efforts that were implemented, including any advertisements, solicitations and other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract. • Bid Proposal Form • Bid Bond • E-Verify Affidavit • Living Wage Contractor Policy • Iran Divestment Act Certification • Orange County Nondiscrimination Certification • Identification of HUB Certified/Minority Business Participation • Minority Business Forms (Affidavits A through D, as applicable) • Supplemental Vendor Information: HUB Form Note: Bidders must always submit with their Bid Proposal the Identification of Minority Business Participation Form listing all MB contractors, vendors and suppliers that will be used. If there is no MB participation, then enter none or zero on the form. Affidavit A or Affidavit B, as applicable, also must be submitted with the bid. Failure to file a required affidavit or documentation with the Bid Proposal or after being notified apparent low bidder is grounds for rejection of the Bid Proposal. ** PLEASE BE SURE THAT YOUR BID PROPOSAL PACKAGE CONTAINS ALL OF THE FOLLOWING DOCUMENTS IN ORDER FOR IT TO BE CONSIDERED A RESPONSIVE BID ** DocuSign Envelope ID: D39D2B13-B093-4F9F-81A1-A5F3A0FBF1AE