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Home My WebLink About2000 S Contract - ERCD - Callemyn Parker Inc Boundary and Conservation Easement Survey of Duke Forest Property for County Acquisition Land Surveyor The Summit at Meadowlands allemyn 1000 Corporate Drive, Suite 101 Hillsborough, NC 27278 Telephone (919) 732-3883 a rker Inc. Fax (919) 732-6676 Civil Engineer CONTRACT FOR SURVEYING SERVICES This contract is between CALLEMYN-PARKER, INC. (CPI), Engineering and Land Surveying, 1000 Corporate Drive, Suite 101, Hillsborough, North Carolina 27278 and ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT(Client)c/o Rich Shaw, of PO Box 8181, Hillsborough, North Carolina, 27278. This is an "Hourly Rate" Contract CPI agrees to provide the following services to land located west of Hillsborough, on the north side of US 70, adjacent to the Orange-Alamance Water System and Corporation Lake containing approximately 62.7 acres: SCOPE OF WORK • Boundary survey and recordable map. • Delineation of 300-foot buffer from Corporation Lake, McGowan Creek and both sides of a tributary that flows through the property. • Survey and stake up to 12 corners of proposed new buffer, exact location to be picked by Orange County. Lines between corners to be flagged only. TOTAL ESTIMATED COST: $5,617.00 SUPPLEMENTAL WORK If the scope of work changes due to unforeseen circumstances and additional work is needed, it is understood that CPI will notify the Client and discuss the change in the scope of work and the estimate before proceeding. REIMBURSABLE EXPENSES Direct expenses such as costs for printing, mailing, and mileage, etc. shall be billed according to the Schedule of Standard Rates listed in this Contract. RETAINER Upon receipt of your retainer and signed contract,we will begin work as soon as our schedule permits. Retainer: $1,500.00 ITEMS NOT INCLUDED • Fees for any applications/permits required by regulatory agencies. • Off-site field surveying or engineering. • Construction management or inspection. • Private road certification/inspection. OCERCD Revised 2 February 28,2000 Page 1 of 4 SCHEDULE OF STANDARD RATES I. CLASSIFICATION Hourly Rate A. Principal Engineer $100.00 B. Professional Engineer $ 85.00 C. Professional Land Surveyor $ 85.00 D. Designer/Project Engineer $ 70.00 E. Designer/Project Surveyor $ 70.00 F. Cadd Technician 1 $ 30.00 G. Cadd Technician 11 $ 40.00 H. Cadd Technician III $ 50.00 1. Survey Crew(3 man) $110.00 J. Survey Crew(2 man) $ 90.00 K. Administrative/Clerical $ 35.00 L. Road Inspection $100.00 for the 1St 300 feet and $0.20 per foot thereafter 11. OTHER SERVICES—DIRECT EXPENSES Standard Rate A. Prints $ 2.00 each B. Vellums $ 4.50 each C. Computer Disk Mailings $ 3.50 each D. Photocopies $ 0.10 each E. Express Mail/Deliveries/Courier Cost plus 10% F. Vehicle Mileage $ 0.325/mile G. Outside Reprographic Services Cost plus 10% H. Outside Consultant Services Cost plus 10% 1. Topo,and Tax Maps Cost plus 10% 1. No additional charges for long-distance telephone calls or facsimiles. OCERCD Revised 2 February 28,2000 Page 2 of 4 STANDARD CONTRACT CONDITIONS APPLICABLE LAWS The laws of the State of North Carolina shall govern this proposal and work described by it. BILLING AND PAYMENT CPI shall bill the Client as services are rendered and expenses incurred by this Contract. "Fixed Fee"work shall be billed on a"percentage completion" basis, and other work shall be billed on an "hourly" basis. All invoices are net 10 days. Any invoice that is not paid within 10 days shall be considered past due and shall accrue interest, payable to CPI, at a rate of 18%annually beginning from the original invoice date. In the event any portion or all of an account remains unpaid 45 days after the invoice date,the Client shall pay costs of collection, including attorneys fees to the extent allowed by law, and CPI has all rights to proceed with any legal action deemed necessary to secure compensation for the work performed. STANDARD OF CARE CPI shall perform project services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of CPI's profession practicing in the same or similar locality. No other warranty or performance standard shall be applicable regarding the quality of services provided by CPI under this Contract. ACCESS TO SITE By executing this contract, Client hereby authorizes CPI, its employees, and consultants safe, reasonable, and legal access to the site for activities necessary for performance of the work. CLAIMS AND DISPUTES In the event any claim or dispute arises from the performance of these services, and it cannot be satisfactorily resolved between CPI and Client, it shall then be subject to non-binding mediation by a neutral third party, acceptable to both parties. In any event,the maximum total aggregate liability of CPI, and CPI's officers, directors, shareholders, and employees, for any and all claims related to this project, shall not exceed CPI's total billings for the project less billings paid by CPI's subcontractors or suppliers. INDEMNIFICATION The Client shall indemnify and hold harmless CPI, CPI's personnel, and CPI's consultants from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss or expense is caused in whole or in part by the negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client(except CPI), or anyone for whose acts any of them may be liable. CONSTRUCTION COSTS The Client recognizes that CPI has no control over market conditions, contractors' methods of bidding, nor the cost of construction labor, equipment, or materials. Consequently, CPI makes no warranty or other representation that bids or actual construction costs will not exceed any established estimate or budget for the project, including any CPI estimate. Any work to redesign the project to lower construction will be performed as supplemental work. OCERCD Revised 2 February 28,2000 Page 3 of 4 CAD FILES AND OTHER ELECTRONIC DATA The delivery of any drawings or other data in electronic format shall not be construed to provide an express warranty or a guarantee that all dimensions, coordinates, measurements, notations, or other data is exact or complete; nor that the intended or unintended uses or modifications of such data by others implies any review, oversight, or approval by Callemyn-Parker, Inc. or the personnel thereof. In no case shall the transfer, delivery, or receipt of such data be construed to provide any right to others to rely fully upon the electronic information. In all cases, hard-copy drawings shall be the authoritative documents, taking precedence over any electronic data. CPI's DUTIES DURING CONSTRUCTION During the course of project construction, CPI shall not supervise, direct, control, have authority over, nor be responsible for any contractors means, methods, techniques, sequences or procedures of construction, or the safety precautions and program incident thereto, or for any failure of any contractor to comply with contract documents or with laws and regulations applicable to the furnishing or performance of the contractor's work. PROJECT DOCUMENTS All drawings/designs, specifications, reports, Project Documents and electronic media produced and/or acquired pursuant to this Contract shall be instruments reflecting services provided by CPI, and consequently are the exclusive property of CPI. The Client is granted license by CPI for use of the documents, only for the site and use intended provided the contract is not terminated by either party prior to completion of the work. This license shall allow the Owner's contractors and their subcontractors and suppliers to use the Project Contract Documents for normal construction purposes subject to reproduction and distribution costs. Project documents may not be used nor relied upon by others except by specific written permission from CPI, nor shall they be used by anyone in connection with any other project or site. TERMINATION If any invoice is not paid within 45 days of the invoice date, CPI may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, suspend or terminate the performance of services for the Project. In the event that the client terminates the contract, the Client shall pay CPI for all services performed prior to the time of notice of such termination. Upon termination of the Contract for any reason, by either party,the Client's license for the use of the Project Documents is immediately revoked. In this event,the Client, or any agent of the Client, shall not use the Project Documents for any purpose. CALLEMYN-PARKER, INC. BY; 2/28/00 DATE Title: Vice-President ORANGE CPUNTY k(l� ,/� Q le� By: DATE Title: CL i r OCERCD Revised 2 February 28,2000 Page 4 of 4