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HomeMy WebLinkAbout2014-257 AMS - Ware Bonsall Architects for Jail Capacity and cost analysis and peer review $3,500 �e� -mss 7 Am. s [Departmental Use Only] TITLE Jail Cost Analysis FY 2014 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 21st day of May,2014, ("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 Ware Bonsall Architects (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: Jail capacity and cost analysis and peer review per attached proposal dated May 20,2014. The term of this agreement rendered shall be from May 27, 2014 to August 31,2014. 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 Five Hundred Dollars, ($3,500). 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 9/13 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecountync. ov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 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. Priori 1y: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. 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. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. 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. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the daeU first written above. ORANG PROVID R By: By: C un Manager Title: !GE 200 S. Cameron St. Ware Bonsall Architects P.O.Box 8181 101 W. Worthington Avenue, Ste. 270 Hillsborough,NC 27278 Charlotte,NC 28203 This instrument has been approved as to technical content. Jeffry Thompson,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. t/t U(/lGwlN ,�i j� Office of the Chief Financial Officer This instrument has be approved as to form and legal sufficiency. ?_ OfA6c of the County Attorney Revised 9/13 3 I Orange County Jail Study Review Proposal Fee Proposal May 20, 2014 Ware Bonsall Architects will provide a review of the provided project program that will analyze the program assumptions for project costs, bed count need projections, service core requirements, and future need projections. The following tasks are included: 1) Building Option Generation a) From the information in the program, the Architect will identify several potential building options for review with the County. b) The Architect will examine the cost implications for various housing configurations: i) Dormitories v. Cellblocks ii) Direct v. Indirect Supervision iii) Sizes of various confinement units 2) Cost Opinion a) The Architect will enlist the help of a competent building contracting company experienced in North Carolina jail construction to assist in the application of current cost per square foot values to a Conceptual Building Space List. This list will be developed from known standard jail facility components and other functions identified by the county. b) The Architect will separately analyze the major component parts of the facility to determine their relative cost and value to the building and future expansion: i) Service Core ii) Administration iii) Physical Plant iv) Initial Housing/Special Management Confinement Units v) General Housing 3) Assumptions Review a) The Architect will conduct a peer review the program, examining the basic methodology that lead to the conclusions reached. 4) Deliverables a) The Architect will provide a cost estimate that reflects a further development of the conclusions of the program. b) The cost estimate will examine the construction costs of various sizes for the jail service core independent of the housing configurations. c) The Architect will illustrate the costs of various housing configurations. d) The Architect will examine the cost of various paths for future expansion. e) The Architect will summarize the program conclusions as it relates to facility configuration. Proposed Fee for Services: Cost not to exceed, including expenses: $3,500.00 Fee based upon 40 hours of professional service at $87.50 per hour. Ware Bonsall Architects Page 1 of 1 WAREB-1 OP ID: RN CERTIFICATE OF LIABILITY INSURANCE O 05(MM/ 05/27/22014 014Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CON E CT David R Norton Lowry,Haywood&Associates R. – -- P.O.Box 30517 =%. Xt:704-332-8871 FAX He: 704-358-90_53__ Charlotte,NC 28230-0617 ADDRESS:rnorton low assoc.com David R.Norton INSURE NS)AFFORDING COVERAGE NAIC# INSURER A:Selective Ins Co.of the SE 39926 INSURED Ware Bonsall Architects,lnc. INSURERS:Selective Ins Co of America 12.572 101 West Worthington Ave#270 INSURER C: —� Charlotte, NC 28203 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY P — LTR I POLICY NUMBER IMMIDDIYYYYI IMM/DDNYYYl LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A COMMERCIAL GENERAL LIABILITY S 1924651 01/0112014 0110112015 PREMISES Eaoccvrence $ 300+00 CLAIMS-MADE F_�OCCUR MED EXP(Any one person) $ 10,00 X Business Owners PERSONAL S ADV INJURY $ 2,000,00 11, GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: i PRODUCTS-COMP/OP AGG $ 4,000,00 POLICY P PRO- 7 LOC ( i $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 2,000,00 ANY AUTO S1924651 01/0112014 01/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ' AUTOS NON-OWNED X HIRED AUTOS X I PROPERTY DAMAGE AUTOS (PER ACCIDENT) $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ _ DED RETENTION$ f $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY X IM R ` B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN C 7959098 01/01/2014 01/0112015 E.L.EACH ACCIDENT `$ 1,000,00 OFFICE /MEMBER EXCLUDED? fN NIA -_ (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 1,000,00 If yyees,describe under _-- OESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 PROPERTY 51,05 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION ORANCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD DATE(MWDDNYYY) AC40R°® CERTIFICATE OF LIABILITY INSURANCE 5/21/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NA M E: Linda LOV@ Insurance Management Consultants, Inc. PHONE (704)799-1600 FAX (704) P.O. BOX 2490 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Davidson NC 28036 INSURERARLI Insurance Company 13056 INSURED INSURER B: Ware Bonsall Architects, Inc. INSURERC: 101 W. Worthington Avenue INSURER D: Suite 270 INSURER E: Charlotte NC 28203 INSURER F: COVERAGES CERTIFICATE NUMBER:1/10/14 Renewal REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER MOM DDr EFF MOM�� LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY A MI E a e $ CLAIMS-MADE D OCCUR MED EXP(A one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC $ JECT F]AUTOMOBILE LIABILITY MBINED SIN LE LIMIT COa cci E adent ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NONAVOIED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accdent UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ - $ WC STATU- WORKERS COMPENSATION rp AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARiNERIEXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY P0013429 /10/2014 /10/2015 PER CLAIM: $1,000,000 AGGREGATE: $2,000,000 DESCRIPTON OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. P. O. Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Jeff Todd/LLB ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 rgmnnsi m Tho Al npn name and Inn^aro ronic4ororl-lea^f Af npn