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2024-257-E-Planning Dept-HGS, LLC T-A RES Environmental Operating Company-Change Order No. 1 Gravelly Hill MS Stormwater Wetland Retrofit Project
Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: HGS, LLC T/A RES Environmental Operating Company, LLC Vendor Contact Person: James Poe Phone: 336-500-1316 Address: 3600 Glenwood Avenue, Suite 100 City Raleigh State: NC Zip: 27612 Department: DEAPR/Planning Amount: $0 Purpose: Change Order No. 1, Gravelly Hill MS Stormwater Wetland Retrofit Project Budget Code(s): #61370035-880000-20046, DEAPR IAIA account Vendor # 68276 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 2023-716) (Most Recent Amendment ) Effective Date April 30, 2024 End Date June 1, 2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: December 12, 2023); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: December 12, 2023) - 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. This agreement is approved as to technical form and content. 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: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: F48365FE-0490-4302-A2A1-A0E5DF090AEA 4/29/2024 4/30/2024 5/2/2024 5/2/2024 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-OC5395 Engineer: Timmons Group, Inc. Engineer’s Project No.: 52532 Contractor: HGS, LLC T/A RES Env. Op. Company, LLC Contractor’s Project No.: PRJ109816 Project: Gravelly Hill Middle School Stormwater Wetland Retrofit Contract Name: Orange County Contract No. 2023-716 (Construction Contract) Date Issued: April 30, 2024 Effective Date of Change Order: April 30, 2024 The Contract is modified as follows upon execution of this Change Order: Description: This no-cost Change Order is to account for unexpected scouring of the Geoweb outfall channel located below the emergency spillway of the Gravelly Hill Middle School Stormwater Wetland. Recent storm events have prevented the stabilization of the Geoweb outfall channel via the use of a typical seeding and strawing approach. Line items within the bid form have been modified to accommodate various changes in the field, and a new line item (Item No. CO-1-A) has been added to the bid form (see Exhibit B). In addition to the no-cost scoping changes, a one-month (30-day) extension will be added to the existing construction contract. Exhibits: • Exhibit A – Original Bid Form • Exhibit B – Bid Proposal Form Revisions (Option A – Sod Replacement) Change in Contract Price Change in Contract Times Original Contract Price: Original Contract Times: Substantial Completion: May 1, 2024 $ 286,820.84 Ready for final payment: May 1, 2024 Increase/Decrease this Change Order: Increase/Decrease this Change Order: Substantial Completion: 30 days $ 0.00 Ready for final payment: 30 days Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: June 1, 2024 $ 286,820.84 Ready for final payment: June 1, 2024 Recommended by Engineer Authorized by Owner By: David Duncan Bonnie Hammersley Title: Manager (Timmons Group, Inc.) County Manager Date: Authorized by Contractor Approved by Funding Agency (if applicable) By: James Poe Title: Client Solutions Manager (RES) Date: DocuSign Envelope ID: F48365FE-0490-4302-A2A1-A0E5DF090AEA 4/29/2024 4/29/2024 5/3/2024 Orange County, North Carolina Gravelly Hill Middle School Stormwater Wetland Retrofit Project Bid Proposal Form 004000-1 GRAVELLY HILL MIDDLE SCHOOL STORMWATER WETLAND RETROFIT 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 Unit Price No. Description Allowance Quantity Unit Measure Unit Price Total Price 1 Tree Removal 1 LS 2 Removal & Disposal of Existing Pipe 92 LF 3 Removal & Disposal of Existing Riser 1 EA 4 Outlet Structure OS-2 With Trash Rack 1 EA $ 32,633.04$ 32,633.04 $ 24.98 $ 2,298.16 $ 2,224.95 $ 2,224.95 $ 34,654.73 $ 34,654.73 Exhibit ADocuSign Envelope ID: F48365FE-0490-4302-A2A1-A0E5DF090AEA Orange County, North Carolina Gravelly Hill Middle School Stormwater Wetland Retrofit Project Bid Proposal Form 004000-2 5 Flared End Section and End Walls 3 EA 6 15-inch RCP Class III Gasketed 82 LF 7 18-inch RCP Class III Gasketed 58 LF 8 Geoweb (Soil filled & vegetated) 410 SY 9 Construction Entrance 1 EA 10 C-700 Matting 1,956 SY 11 Temporary Silt Fence 900 LF 12 Temporary Silt Fence Outlet 2 EA 13 Wattle Check Dam 9 EA 14 Tree Protection Fence 695 LF 15 Temporary Inlet Protection 3 EA 16 Concrete Truck Washout Pit 1 EA 17 Earthwork - Cut and haul off 330 CY 18 Earthwork - Cut to Fill and compaction 130 CY 19 Earthwork - Fine Grading 1 LS 20 Temporary and Permanent Wetland Seeding 1,250 SY 21 Temporary and Permanent Riparian Seeding 705 SY 22 Temporary and Permanent Fescue Seeding 7,990 SY 23 NCDOT Class A Rip Rap 20 TN 24 Wetland Plants 4,280 EA 25 Soil Amendments 153 CY 26 Furnish, Install, Maintain, and Remove Pump Around 1 LS $ 3,399.88 $ 10,199.64 $ 97.80 $ 8,019.06 $ 120.07 $ 6,964.06 $ 50.85 $ 20,848.50 $ 5,443.87 $ 5,443.87 $ 5.84 $ 11,423.04 $ 4.89 $ 4,401.00 $ 158.94 $ 317.88 $ 93.35 $ 840.15 $ 4.87 $ 3,384.65 $ 270.51 $ 811.53 $ 340.99 $ 340.99 $ 42.26 $ 13,945.80 $ 61.23 $ 7,959.90 $ 21,966.93 $ 21,966.93 $ 0.91 $ 1,137.50 $ 0.55 $ 387.75 $ 0.56 $ 4,474.40 $ 63.65 $ 1,273.00 $ 8.18 $ 35,010.40 $ 64.08 $ 9,804.24 $ 2,536.95 $ 2,536.95 DocuSign Envelope ID: F48365FE-0490-4302-A2A1-A0E5DF090AEA Orange County, North Carolina Gravelly Hill Middle School Stormwater Wetland Retrofit Project Bid Proposal Form 004000-3 27 Furnish, Install, Maintain, and Remove Sediment Bag 2 EA 28 Construction Surveying 1 LS 29 Project As-Built Survey and Record Drawings 1 LS 30 Bonds, Mobilization/Demobilization and Insurance (maximum 5% of Base Bid) 1 LS 31 8-foot tall temporary chain link fencing with all posts/supports (Allotment) 1,000 LF 32 Removal of unsuitable soils within dam embankment and beneath storm pipe/structures (if/where deemed unsuitable by the Geotechnical Engineer) and installation and compaction of suitable material (Allotment) 100 CY Total Base Bid (Lump Sum) = 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 _____, Dated ________________ 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 (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. 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 1 8/31/2023 $ 286,820.84 $ 762.02 $ 1,452.04 $ 6,468.00 $ 6,468.00 $ 5,302.14 $ 5,302.14 $ 17,657.04 $ 17,657.04 $ 11.89 $ 11,890.00 $ 40.65 $ 4,065.00 DocuSign Envelope ID: F48365FE-0490-4302-A2A1-A0E5DF090AEA CHANGE ORDER – Option A – Sod Placement Date: 4/19/2024 Project: Gravelly Hill Middle School Stormwater Wetland Retrofit Change Order #: 1 Owner: Orange County, North Carolina Contractor: HGS, LLC T/A RES Environmental Operating Company, LLC Engineer: Timmons Group TYPE OF CHANGE ORDER (Check one:) Standard Change Order X Unforeseen Site Condition (Justification in email) Emergency (Authorization attached) Substantial (Authorization attached) Description of Change: The following Proposed Change Order(s) are incorporated into the Contract by reference: Line No. Summary Description: Qty Units Price 5 Flared End Section and End Walls -2 EA -$6,799.76 5 Flared End and End Walls (Restocking Fee 10%) +0.2 EA +$679.98 6 15” RCP Class III Gasketed -82 LF -$8,019.06 6 15” RCP Class III Gasketed (Restocking Fee 25%) +20.5 LF +$2,004.77 CO-1-A Change Order Option A – Sod Placement 1 LS +$12,134.07 Original Contract Amount: $286,820.84 Previous Change Order(s): $0 Contract Amount Prior to this Change Order: $286,820.84 Amount of this Change Order: $0 New Contract Amount Including this Change Order: $286,820.84 Contractor agrees to perform the above-described work in accordance with the above terms and in compliance with applicable sections of the Project documents. Exhibit BDocuSign Envelope ID: F48365FE-0490-4302-A2A1-A0E5DF090AEA Holder Identifier : 7777777707070700077763616065553330763735764015474607762215770634132071660557146323320716041333243011007700411356634754073660755364101320770621115663657407364235552274130077727252025773110777777707000707007 6666666606060600062606466204446200620222604206222206202226260060222062020262620422200602000406226000206220224040262002060222262402422000602000626222062206220266022660042066646062240664440666666606000606006Certificate No : 570102284001 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/17/2023 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Insurance Services West, Inc. Denver CO Office 1900 16th Street, Suite 1000 Denver CO 80202 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (303) 758-7688 INSURED 16535Zurich American Ins CoINSURER A: 41297Scottsdale Ins CompanyINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(303) 758-9458 CONTACT NAME: HGS, LLC dba RES Environmental Operating Company, LLC 3600 Glenwood Avenue, Suite 100 Raleigh NC 27612 USA COVERAGES CERTIFICATE NUMBER:570102284001 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $350,000 $10,000 $1,000,000 $2,000,000 $2,000,000 $25,000Deductible B 10/01/2023 10/01/2024VRS0006957 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000A10/08/2023 10/08/2024 COMBINED SINGLE LIMIT (Ea accident) BAP 8633906 - 03 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $9,000,000 10/01/2023UMBRELLA LIABB 10/01/2024VES0004308 RETENTION X Automobile Excess Limit E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTEA10/08/2023 10/08/2024 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC863390703 Ea Claim / CvgVRS000695710/01/2023 10/01/2024 Prof/Poll - Claims Made $2,000,000Aggregate Deductible $25,000 Environmental Contractors and Prof B $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: RES Project No. 109816, Project Name: Gravelly Hill Middle School Stormwater Wetland Retrofit Project, Project Site Location: NC. Orange County, its officers, agents and employees are included as Additional Insured in accordance with the policy provisions of the General Liability policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVEOrange County 300 West Tryon Street PO Box 8181 Hillsborough NC 27278 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: F48365FE-0490-4302-A2A1-A0E5DF090AEA Named Insured Schedule AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: Aon Risk Insurance Services West, Inc. 570000075824 570102284001 570102284001 Page _ of _ HGS, LLC dba RES Environmental Operating Bayou Paul Mitigation Area, LLC Carolina Heelsplitter Conversation, LLC CBAY-VA, LLC Coastal Louisiana Resource, LLC EBX-EM,LLC EBX-GCW, LLC EBX-Neuse I, LLC EBX Mountain Run, LLC EBX-Waccamaw, LLC EBX Resource Banking, LLC Ecological Restoration Services, LLC Eighth Louisiana Resource, LLC Environmental Banc Exchange, LLC (EBX) Fifth Louisiana Resource, LLC First California Resource, LLC First Indiana Resource, LLC First Louisiana Resource, LLC RES Texas Mitigation, LLC First Texas Resource, LLC First Pennsylvania Resource, LLC First West Virginia Resource, LLC Fourth Louisiana Resource, LLC HGS LLC dba RES Environmental Operating Company, LLC Resource Project Specific Mitigation, LLC RLF Angleton Properties, LLC Second Louisiana Resource, LLC Seventh Louisiana Resource, LLC Sixth Louisiana Resource, LLC Third Louisiana Resource, LLC Third Texas Resource, LLC Wingnut Interests, LLC RES-Pac, Inc. Louisiana Pecans, LLC RES-Holding Company Potamoi Holdings, LLC RES Mitigation, LLC GDS, LLC Earthmark WV Mitigations, LLC Chesapeake Wetland Mitigation Bank Colonel Land, LLC Bunker Root Bear Stand, LLC Center for Restoration Greenbanx, LLC Red Brick Arrow, LLC CAT Island Conservancy, LLC RES Carolinas, LLC RES Kentucky, LLC DBA Redwing Ecological Services Headwater Management, LLC RES Great Lakes, LLC RES Florida, LLC ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: F48365FE-0490-4302-A2A1-A0E5DF090AEA