HomeMy WebLinkAbout2011-314a Planning - R. S. Jones & Associates for boundary survey~~i~~
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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
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Village of the Oaks Area