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18 e. The adjusted fee schedule enumerated in item 5c above is based on the following facts and circumstances growing out' of the specifications upon which the original contract was based. In the 1992-1993 planting season all available sites were planted with good stock on a timely basis, and there was very good initial survival. During summer and fall, 1993, the western two-thirds of North Carolina experienced extreme drought which caused heavy mortality on many sites by early fall. Therefore, based on paragraph 1.06 "Warranty", Item C. of the specifications, COUNTY releases CONTRACTOR from all warranties, imposed or implied, regarding · survival and growth of trees and shrubs installed or improved during the 1992-1993 planting and growing season, ending on or about November 1, 1993. COUNTY also accepts responsibility for not providing sufficient area of planting sites so that the entire 356 acres under contract could be planted in the 1992-1993 planting season, and is therefore prepared to reimburse CONTRACTOR for expenses incurred in preparation to plant the entire 356 acres during 1992-1993 planting season, and reasonable additional expenses incurred to plant many sites one year later. 1. Areas to replant (93.31 acres. $80,463) This is based on the list of sites COUNTY has designated to be replanted in the 1993-1994 planting season. Charges are based on planting 726 trees and shrubs per acre on all sites (per the original contract), except on specified sites to be replanted with 484 trees and shrubs per acre because of higher survival of last year's trees on those sites (Table 1). 2. New areas to plant for 5% surcharge (not planted last year 80 acres $4.496). These are areas specified under the original contract but not available to plant last year. The Borrow Pit site north of SR73 and west of the dam has little or no topsoil and is not suitable for establishment of hardwoods. Therefore, if COUNTY requires this site to be planted without addition of top soil, CONTRACTOR is granted a waiver of the'survival and growth warranty referenced above. In further recognition of this special situation, COUNTY has directed that the upland portion of this site be planted with fifty percent (50%) Virginia pine. 3. Planting cleared fringe areas for 40% surcharge (28 acres, $12,588). These are areas which were not specified in the original contract and are now needed to complete the required wetland acreage. They have been cleared with heavy equipment and are therefore very rough, contain debris, loose muddy soil and are generally less accessible than the original agricultural sites specified. 4. Trees purchased but not planted last year (90,750 seedlings, $13,612). These were seedlings grown under contract for CONTRACTOR which could not be planted because the sites were not available. 5. Planting the floodplain area at the Rocky River WWTP (7630 3-gallon potted saplings, $67,070). This is based on $11 per sapling installed and mapped, minus a.credit of $1124 per acre charged'under last year's contract. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and effective as of the date first written above. NORTH CAROLINA STATE UNIVERSITY By: /s/ Dr, Charles E, Khowles Title: Coordinator Centers, Institutes and Laboratories Date: J~nuary 5, 1994 GABARRUS COUNTY BOARD OF COMMISSIONERS By: /s/ Jeffrey L, Barnhart Title: Chairman, Board Commissioners Date: January 18, 1994 of Attachments are on file in the office of the County Manager. Midland/Wallace Road Water Distribution Facilities - Final Adjusting Change Order - RDR, Inc. UPON MOTION of Commissioner Payne, seconded by Commissioner Fennel and unanimously carried, the Board approved Change Order No. 1, an increase of