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HomeMy WebLinkAbout2011-058 Planning - Alois Callemyn, PLS for survey of portion of proposed county line between Alamance & Orange Counties $5,000#~s~ ~®epa~~~lendal t9~e ®s~lYy TITI=~ O~~ ~®~e~a~aF~(S~f~'y ~~ ~0~ ee~r~ ~ ~IE~AI~~~. C a~'~JI~T$1~ )~1011~'T~ ~Al[~®L11I~tA ~~l~t~'~T1 ~J1~1~~~ $>1~91~®~~~~ 'TIIIS ACI3EEMEN~', made and entered into this 1 day of March, 2011, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Alois Callemyn,PLS (the "Provider"), party of the second part; WIT1°dESSETII: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: A survey of 5 properties are needed to show the new proposed country boundary. The five properties are PIN: 9728177046, 9728068128, 9728163122, 9728166070, and 9728159642. See attached map. The term of this agreement rendered shall be from March 1, 2011 to March 31, 2011. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fatly competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TE)S 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed five thousand dollars, ($5,000.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non-waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's ILisk Management Policy. Revised July 2010 S. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County i~om all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governin Lg_aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORAl`i COITNTY By: ~~. Coin ty Manager 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 PI~OVIDEIt "~ ~% _. ., ~~,. This i s ment been a p ved as to technical content. , Craig Ben dict, Depai~t~ri'ent Directol• This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~_w ~ ~~~~ Office of the Finance Director This ins ment has been approved as to form and legal sufficiency. Office of the ounty Attorney Revised July 2010 2 AI..®IS CA~.LI~11~ Y 1~, li~~~S 1'l~D~'~'SSI~~T~iAI., LAIC SI.Ti~~I,J`~'~I~ #L®254 3500 J~J~TAI~JI:IE~.~: ~'AI~i~~ I<. 1l~513®R®i1GI~,1~1C 2~2`~3 w~v~v February 16, 2011 Brian Carson GIS Project Coordinator I ®range County Planning 131 W Margaret Lane P.O. Box 8181 Hillsborough,lVC 27278 IZE: Survey Proposal for County Line survey, 5 tracts Dear Brian: Thank you for giving me the opportunity to be of service. The attached Scope of Work and Fee Proposal outlines what is typically necessary for this type of land survey in the State of 1Vorth Carolina. To begin this project, we will assemble necessary information and also check at the County Land IZecords office for documents that affect this project. As we discussed, a recordable plat will be prepared and titled per your instructions. We will also perform this survey to the specifications supplied to me by your office. If this proposal is acceptable to you, please notify me before February 23rd. Upan receipt of this proposal, we will begin work as soon as feasible. It is my understanding that the map needs to be delivered by March 10, 201 1. We look forward to working with you on this project. Should you have any questions, please contact me. Sincerely, Alois Callemyn, `a LS Attachments: Scope of Work and Fee Proposal (919)732-335~~ Fax (919)"732-6565 Mobile (919)-730-57Q-0 aloisC~callemyn.com - ,.:;: SC®PE ®~+ ~I®RI~ and ~'EE PROP®SAL For: Brian Carson By: Alois Callemyn, PLS Project: Survey Proposal for County Line survey, 5 tracts PIN # 9728177046, 728068128, 9728163122, 9728166070, 9728159642 SCOPE a~F ~DRR 1. Researcch A. Compile existing data on above 5 parcels per Orange County recorded documents. B. Conference with client or agent to clarify objectives of project. Co Site inspection for existing NC Grid monuments. 2. Meld Suave A. Control survey, per your specifications, of said properties showing existing property lines per plats of record and proposed County line. B. Locate one corner of main house nearest current county line. C. Survey tie lines to North Carolina Geodetic Survey monuments as required. D. Set new County line markers as provided by others. 3. l~ia~~irig A. Prepare recordable plat of the 5 tracts showing requested data. B. Provide written descriptions for new Orange-Alamance County line. C. Provide both hard and digital copies. Estarnated 6614ee99 f®~~®mada~°ys ~ a,00®a~0 ~~- parties Bate ~El~~ l~®T Il~CI.LTI9E~o 1. Flagging or marking of existing or proposed property lines.. 2. 12ezoning or any Subdivision of any type. 3. Landscape Plan and tree documentation 4. Fees of soil scientist(s) or environmentaUwater quality consultants or additional survey work required by these consultants. Environmental, Soil or Traffic Impact studies or reports. 5. Investigation, delineation or mapping of any wetlands, flood plains, or buffers. 6. Surveying of adjacent properties to tie down possible overlaps or gaps. 7. Assistance in negotiating for land and easement rights or settlement of possible boundary disputes. 8. Permits or plats for construction of any improvements. 9. Fees for any applications/permits required by regulatory agencies. 10. Services to facilitate sales (e.g. property line flagging or corner restoration after Final Plat is recorded). 11. Classification of intermittent or perennial streams or calculation of riparian buffers for County, State or Federal water quality regulations. 12. Field work or mapping of topographic nature. 13. Locating any right-of--ways, utilities, easements or buffers. 14. Any items or services not specifically listed in the scope of work above. ' he®re id r ,:~. .~~.~.: ~,.t ..~ j ~:~` . .~ ~ £ ,, >:: c ;.. {Y~, ~' ~ s~ , c,' r r, (r _..,~.r iii ~ ~ ~",~c' ¢ i ~~~`~ ~ ,r 'a. ..~ e-p, .fit ~ ~ ~, .~ ~ i ,~lt ~ r - '~ ~ i .., ,, >'~ y,.~` ~ g~ ~ ~ ~' r h ,~ ~ ~ ;t _ ~ ~~~ ~ ~ ~ SHOCC:OREERIDGE D!~ M's,~ ~ N ~ f'~s r +4 .r~ IS ;~~ u N~t`.y ~~ ~ kd~~+ri; ~: „~~ ~F` a ' r , y~ -• "~r y , }C ~ J J J`. ~~~~ V ~ iV ~ L _ _ ~ „ _~ . ~ ~~s ~ ~r ~ t:~~ , ~ ~ t ~ ~~,. r ~ ~~~ ~ i ys 4 ~ ~ ~ c-7 Y t - _ ~~ ~h'.4~ r e,i}~•..,~ a- ~~ . ;,"'r~,t ~ , z~ y ~• ~ ,~~, W ~ :~~.4 ?1, f 1 ~? l , .. t .. g 11~fi. s- - - i ; ;+ t;, 1~. k .F. t r~` r r~ ` ,r z ,'I #i'i; f~"'t7 ~~ i ~ r. % ~ ,~ .~, i ~ ~?„s~ ' ~~~~'~•. NCGS o~°°° N 1 inch = 600 feet New SUNGy 0 300 600 ~r-•.v.°i.~ ~ eet _ ~ ___ ~ Taxed by Orange 3 ~ ~''"° °'°"`° 1 Taxed b Alamance Orange County Planning and Inspections Department y ~ GIS Map Prepared by Brian Carson March Ol, 2011