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HomeMy WebLinkAbout2012-003 DEAPR - Alois Callemyn, Eno Mountain Homes to survey the Brooks Farm $875 [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER $10,000.00 NORTH CAROLINA as ~a- a a ~ ~~~~~ THIS AGREEMENT, made and entered into this ~'~'~ day of November, 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, Eno Mountain Homes (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 boundary survey and recordable plat for the Brooks farm conservation easement (115 acres), Ben Johnston and Dimmocks Mill Road in Orange County, NC. The term of this agreement rendered shall be from November 15 to December 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 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 Three thousand three hundred fifty dollars, ($3,350). 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. Indeuendent 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 AMENDMENT NO. 1 Amendment to that certain Agreement effective November 21, 2011 between Orange County, (hereinafter "_County"),.and Alois Callemyn, Eno Mountain Homes for services resulting in a boundary survey and recordable plat for the Brooks Farm conservation easement (115 acres), located at Ben Johnston and Dimmocks Mill Road in Orange County, NC. In consideration of the mutual promises and conditions set forth herein, the County and Contractor agree to amend the Agreement as follows: 1. Services to be furnished shall be as provided in Exhibit -A to this Amenchnent. 2. Payment: The County agrees to pay at the rate specified for Services satisfactorily performed in accord with this Agreement. The amount paid by the County shall not exceed ThrR~-t],~,,,r~,,,,~ rh,- ~ a a I;fty~ » ~ ~Q~~~~~~ Four thousand two hundred twenty five dollars ($4 225). 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, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. Full Force and Effect Except as amended by this Amendment, the Agreement shall remain in full force and effect. IN WITNES WHEREOF: Orange County and Provider do hereby agree to this Amendment to said Agreement effective immediately. ORANGE COUNT By: County Manager 200 S. Cameron Street Hillsborough, NC 27278 PROVIDER lois Call 3500 Justamere Farm Road Hillsborough, NC 27278 This instrument ha e n approved as to technical content. David Stancil, Department Director This instrument has been pre-audited in the manner required by the Local Govermnent Budget and Fiscal Control Act. C~r~,~, ,r1. ,11 ~;, Office of the Finance Director This i rument has been approved as to form and legal sufficiency. Office of the unty Attorney EXHIBIT - A ~~ aLOrs ~VaL~r~~~ ~, ~~~ ~_ ~PROI 1 SSIONAI L~1~11) ~UR~'1?YOIZ ~L-?~-1-I 3500 JUSZ ANIL+;lt1+: FA1CM Rll. y~ HILLSBOROUGH; NC 27278 December 7, 2011 REVISED Rich Shaw, Land Conservation Manager Orange County Environment & Resource Conservation P.O. Box 8181 Hillsborough, NC 27278 RE: Addendum for Survey Proposal for Dennis Brooks farm located in Orange County, PIN 9854-83-9689 and PIN 9854-92-8491. Dear Mr. Shaw: Per our meeting at the site on Monday, December 5`i', 2011, it is my understanding that Orange County is requesting additional survey work on the Brooks' conservation easement. I also understand that the County now also wants to exclude an area around then house. This area is estimated to be four acres and is to include their existing septic system with repair area. You also requested that I include a new area of approximately 7.5 acres of trees on the south side of Seven Mile Creek and a strip on the west side of Rocky Run. These new lines for this easement will be marked by others and then surveyed as required. This additional work will increases the cost of my previous proposal by $875.00 If this addendum is acceptable to you, please let me know how you want to address this additional cost. I look forward to working with you on this project. Should you have any questions, please contact me. Sincerely, ~.~,-- Alois Callemyn, PLS 919 73'335-I Fax 919 732 6565'; -_Mobzle 919 -730-5740' ~ ) mm~,__~z. _ ~ ~ ) ~._~_., ~.~.~~ _~ :. ~ 1~~. --- aloisC~callcruyn,~o~n Page 1 of 1