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HomeMy WebLinkAbout2011-314a Planning - R. S. Jones & Associates for boundary survey~~i~~ ~Op [Departmental Use Only] a 9 /° TITLE O-A Bound ry( ) FY 2011-2012 ORANGE COUNTY CONTRACT UNDER $10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 23 day of September, 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 R.S. Jones & Associates, Inc. (the "Provider"), party of the second part; WITNESSETH: 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 the 9% (Senate Bill 200) section of the Alamance-Orange boundary. See Scope of Services/Proposal for Surveying Services for R.S. Jones & Associates, Inc. Proposal date 9/15/11 Proposal # 8345 attached hereto as Exhibit A The term of this agreement rendered shall be from 9/23/2011 to 10/14/2011. 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 fully 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 TERMS 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 seven hundred dollars, ($5,700.00). 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 Risk Management Policy. Revised July 2010 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from 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. Governing_Law: 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 A,~propriation: 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. GRAN COUNT By: County Manag 200 S. Cameron St P.O. BOX 8181 Hillsborough, NC 27278 PR ER By: G/ Title: ,, This inst ent has been approved as to technical content. Craig Be ict, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Cl ate, 1~ 1~~ Office of the Finance Director This instrument ha, been approved as to form and legal sufficiency. ' ""-'--~ Offi of the County Attorney Revised July 2010 2 p5, JONES & A550CIP,~'E5, INC. ~` - - _~f----~`; L/~~~t7 SUI?V~l'~I?5 121 WEST CLAY STREET -SUITE A MEBANE, NC 27302 Name: Orange County Description Tie affected property line to existing county line survey at intersecting points. 1.) North Orange Subdivision (Eliza Lane) $750.00 2.) North Ninth Street (Talley etal.) $500.00. 3.) Tanger Outlets/Mebane 8540 $1500.00 4.) Collington Farms/Arlington Subdivision $800.00 5.) Village of the Oaks $800.00 Total Total: 4,350.00 INVOICING & PAYMENT: 1.) Any and all work not described in above description and or revisions or additions required by municipality or any other entity will require a work order and will be billed as extra work. 2.) 30% deposit payable upon acceptance of proposal. 2.)Rmaining balance invoiced upon completion. Invoices are payable upon receipt and are subject to late fees ($35/month) and interest(1.5%/month) after 30 days. Extra Work Hourly rates: 2 man survey crew: $100/hour 1 man survey crew: $90/hour office calculations and mapping: $75/hour Upon signing, signee authorizes R.S. Jones & Associates to proceed with above work and agrees with said terms. (Authorized Representative) Accepted By: Date R.S. Jones & Associates, Inc. Date PROPOSAL FOR SURVEYING SERVICES Project: Orange County Proposal Date: 9/15/2011 Proposal #: 8345 We look forward to the opportunity to work with you. ~ t?,5, JONES & A550CIA1~5, INC. i~------~_---~ I,f~~n 5Ut?VGYi?I?5 121 WEST CLAY STREET -SUITE A MEBANE, NC 27302 Name: Orange County Description Project: Orange County Proposal Date: 9/15/2011 Proposal #: 8345 -Revise plats accordingly for recordation in Orange and Alamance counties $900.00 -revised plat to include the following statement: "Pursuant to North Carolina Session Law 2011-88 this plat and those recorded herewith reflect the location of 91 % of the boundary line separating Alamance County and Orange County. This plat does not purport to describe or show the remaining 9% of the boundary line. The remaining 9% of the boundary line, delineated by a dotted line on this plat, shall be finalized in the 2012 short session of the North Carolina General Assembly as provided in North Carolina Session Law 2011-87. For issues related to the 9% boundary line and questions regarding its location interested parties should refer to North Carolina Session Law 2011-87. " -Direct expenses: paper, mylars, mileage, etc. $450.00 Work to be completed by Fri. October 14, 2011 Total: 1,350.00 Total: $s,~oo.oo INVOICING & PAYMENT: 1.) Any and all work not described in above description and or revisions or additions required by municipality or any other entity will require a work order and will be billed as extra work. 2.) 30% deposit payable upon acceptance of proposal. 2.)Rmaining balance invoiced upon completion. Invoices are payable upon receipt and are subject to late fees ($35/month) and interest(1.5°/u~month) after 30 days. Extra Work Hourly rates: 2 man survey crew: $100/hour 1 man survey crew: $90/hour office calculations and mapping: $75/hour Upon signing, signee authorizes R.S. Jones & Associates to proceed with above work and agrees with said terms. (Authorized Representative) Accepted By: Date R.S. Jones & Associates, Inc. Date PROPOSAL FOR SURVEYING SERVICES We look forward to the opportunity to work with you. Eliza Lane Area . ; ,.~ ,,, ~- ___ ,._ __. y ~ ~ .~ - -- W ~ _ -- G ~- ~ ---- Z Q ~ ~ , ~- ~- ~`~ ~ _ 'i i FF` ~~~. AN DRS wA ~ F ~~ t ~ Y i ~~ ri= ~ ~ 4 h~,~ ~ 1 ~4 -y~~4 .-~ r <_ t .V~~~i rah ~~ ~iV ~~+h y y NS4~R r ~ ~ i=o i . '~. .fi .,ygtt .r ~ ~ ~ r . - ~ ~- ti _ - ,i ~ psi S+r rt. 1'1. ~ , r ~ ~'e , ... ~ t 5 4 ^ r ~ "' ~ ~ ~' Z z ~. y f ~ _ .~ ,~ ~ j ~x € ;, ^ ,~, ~ , ,, a`; - ~ ,~ ~.. - tn ,~ T+ ~. ~ r n~ i4,r ~ _ ~ 't 3 ~ 3 ; :rj~y ~ '.n r`, c 1'~' ~ { ~ ~ ° a t x ' i ~ ~; i „y:l !,t t C~. > `~.Y "~,~fi}y1~~:'~K~'~ ,~,*yP~~"Lyould'~';4. ~`r ~J: t,~ a °~ Y' ~ ~ ~ To Be Surveyed " ~'~ ~ ~~ ,~~' ,~ . `'" ~` r -,'t,~ `~'• , V , inch =zoo feet ~ New County Line (91%) ` ~' o so ,oo ~ h~; i C ~ ~, O Peet - Currently Taxed by Alamance ~'~ , ~ ~ ~ .,, ~,,.r•• "44~~11" ~,_ ~~ Currently Taxed by Orange ~ ~, Orange County Planning and Inspections Department ~~~ ~ ~~ ~ ~' GIS Map Prepared hY Brian Carson. 9/16/2011 9th Street Area T :: ~ ._< 1 1 r • • • _' • • ~ t tee- xc ,y..`"°a * -~ Y j.,:r ~ v ~ I Y a.a a ~~ _ rp7 ~~s i' $nf ~ • ,." ~ ~{ ~ k t ~ T, 1 _ ._r -ZS-~. ~. `fit 1 N °: _ r Y ^. I; 3.. Z r~ 4 ~~ '~~~ ~~ ~' ~ y l a Z ~ I a ~ ~t~3~•• ~ i ~ ,tI .~ ~~' ~~ r k'S" a' 1~ r, F ~ s -ti ~ ~ ~' f •_ 2 z fq. 'T'2 -r' __'="a'`~h1 ~' yr` ;y, z n ~= r . ,, ~~r ~~ x~~ ~c ~ f-. • • To Be Surveyed ~ `~ {~~:L ~;~ ;~ ` '` ~ inch = ss.a~ feet ~ New County Line (91%) _ f ~ ~~~' `. ~ ~r,~`' ~~'~ o zs so O Feet ,. -Currently Taxed by Alamance ~~ µ~'''~` ~ t~ ~'~ '~ ~~., " ""° ~ ~F ~` I ~ ~ ~ ~~ v ~ - ~ ;' ~ ~ ' Ora a Cou Plannin and Ins Ions De rtrnent Currently Taxed by Orange ~ 3 1 ~. k F r "~ "~' g Pew ~ _ ' ~ . ~.,d~ ;_~ a ..., ,.. - f -.., GIS Map Prepared by Bdan Carson. 9/19/2011 Mebane 8540 / TangerArea Collington Farms/Arlington Area f ~ , oN~° ^ ~11-- ~1NOR~, N~~~S Cp`LLIN ~ o ~ - _~ -- ~,` TADWORTH T`" ~ ~~ ~ ~~ ,z.- / ~~~~ ~m G7` i Z `- Z T l ~ I ~, ~ ~i~, ^ ~i ~BRAYDR ,,~ ~~ do J~o ~ I Y'" 4~ 4~ 1 j~~ ~ ~,~ r ^ ~,; ~_ ~ ,, i ~J, fi~ ~~ ~ ~ ~ ~ ~/,' V '~ ~ ~~ ~ ~ ~ ~ --- --- ~,\ ~ f_ \` 1~ \ \ ~\ \,~ \ ^ ^ \ ^ \ ^ \ • ^ - ^ ^ ^ ^ ~%/ r - ji ~ f ' ~ ~ To Be Surveyed _ ~''~ ~ N 7 inch = 450 feet i~ New County Line (91 %) -'__~ ° 200 40Fee~ ~~ Currently Taxed by Orange - - epW MA~,~R~~ ~' °•" - Currently Taxed by Alamance - ~ orange county Punning and inspections Depar6nenc GIS Map Prepared try Bdan Carson. 9/19/2011 Village of the Oaks Area