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HomeMy WebLinkAbout2014-475-E AMS - Ware Bonsall Architects for Jail Transportation Study $3,050 EpdvTjho!Fo4 rpqf!,E;!28BB6F8B.1 D46.5BG1.BC-4C.C1 FF6833C459 [Departmental Use Only] TITLE Jail Transportation Study FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 28th day of August, 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: study of the comparative costs for transportation associated with moving the location of the county jail, as outlined in the attached August 20"`proposal. The term of this agreement rendered shall be from August 28, 2014 to October 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. Pae: 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 fifty dollars, ($3,050). 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 contractor 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 7/14 1 EpdvTjho!Fo4 rpgf!,E;!28BB6F8B.1 D46.5BG1.BCf1C.C1 FF6833C459 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecountync.gov/purchasingicontracts.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. Indemni : 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 and Signatures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: 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,aw: 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 7/14 2 EpdvTjho!Fo4 rpgf!,E;!28BB6F8B.1 D46.5BG1.BCf1C.C1 FF6833C459 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSignetl by: Doc Signed by: By: t�oti,!,k h*mtrs _ By. P—i D. C���S,III huh fig M'ffnager FD240FF9225F46C 200 S. Cameron St. Ware Bonsall Architects P.O.Box 8181 101 W Worthington Ave, Ste 270 Hillsborough,NC 27278 Charlotte,NC 28203 Revised 7/14 3 EpdvTjho!Fo4 rpqf!,E;!28BB6F8B.1 D46.5BG1.BC-4C.C1 FF6833C459 Orange County Jail Transportation Study Proposal Fee Proposal August 20, 2014 Ware Bonsall Architects will provide a study of the comparative costs for transportation associated with moving the location of the county jail. The following tasks are included: 1) Arrestee/Inmate Transportation a) Describe the current procedures for intake, processing, and release of arrestees and inmates. b) Describe the likely future procedures for intake, processing, and release of arrestees and inmates in the new facility. c) Create an average distance f rom the arrest location to the both the existing and the new jail locations. d) The Architect will examine the cost and time implications for the intake procedure on a new jail location and procedure. 2) Sheriff's Staff Transportation a) Identify the procedures that currently require the movement of Sheriffs staff between the jail facility and the Sheriffs Office. b) Establish transportation costs of Sheriffs staff between the jail facility and the Sheriffs Office. c) The Architect will examine the cost and time implications for Sheriffs staff transportation not including inmates on a new jail location. 3) Court Transportation a) Identify the procedures that currently require the movement of Sheriffs staff with inmates between the jail facility and the Courthouse. b) Establish transportation costs of Sheriff's staff with inmates between the jail ® facility and the Courthouse. a c) The Architect will examine the cost and time implications for Sheriffs staff transportation with inmates on a new jail location. 4) Cost Opinion a) The Architect will separately analyze the various costs associated w ith transportation for both the existing and the proposed new jail location. 5) Deliverables a) The Architect will provide an opinion of the relative transportation costs associated with building the new jail in the proposed location. b) The Architect will suggest any changes that he observes while producing this study to the transportation procedures and the physical jail which may reduce costs in the existing building and/or in a future facility. c) The Architect will attend a meeting to review the findings with county staff. Proposed Fee for Services: Cost not to exceed, including expenses: $3,050.00 Fee based upon 33 hours of professional service at$90.00 per hour. Ware Bonsall Architects Page 1 of 1 EpdvTjho!Fo4 rpgf!,E;!28BB6F8B.1 D46.5BG1.BC-4C.C1 FF6833C459 A �� /� 101 West Worthington Ave.,Suite 270 V\�/J X Charlotte, North Carolina 28203 704-846-1977 WARE BONSALL www.warebonsall.com ARCHITECTS August 19,2014 Mr.Jeff Thompson Asset Management Services Director Orange County Government PO Box 8181 131 W.Margaret Lane, Suite 300 Hillsborough,NC 27278 Re: Orange County Jail Transportation Study Dear Jeff: Here is the revised proposal,dated tomorrow. Thank you for your consideration. Regards, Ware Bonsall Architects,Inc ti Paul D.Bonsall,AIA Managing Principal Enclosure EpdvTjho!Fowf Ipgf!,E;!2813136F813.1 D46.513G1.BC-4C.C1 FF6833C459 , 6. � 5/21/CERTIFICATE OF LIABILITY INSURANCE DATE /21/ IDD/2014 4 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 Linda Love NAME: Insurance Management Consultants, Inc. PHONE (704)799-1600 pA� No):(704)799-2955 P.O. BOX 2490 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC N Davidson NC 28036 INSURERA:RLI Insurance Company 13056 INSURED INSURER B Ware Bonsall Architects, Inc. INSURER C: 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 POLI CIES.LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR S D POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS-MADE F—I OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILYINJURY(Peraccident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB a OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ - - $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N EEL ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL, LIABILITY POO13429 1/10/2014 1/10/2015 PER CLAIM: $1,000,000 AGGREGATE: $2,0 0 0,0 0 0 DESCRIPTION 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/LL ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 oninns�ni Tha ACrTRrI names nnri Innn ara ranictarari mnrlcc of Arr)pn EpdvTjho!Fo4 rpgf!,E;!28BB6F8B.1 D46.5BG1.BC-4C.C1 FF6833C459 WAREB-1 OP ID; RN ACORO DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE F 05/21/2014 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 CONTAC David R. Norton Lowry,Haywood&Associates -NAME: PHONE P.O.Box 30517 A/c No Ext 704-332-8871 1 ac No): 704-358-9053 Charlotte,NC 28230-0517 n DRESSt rnorton@lowryassoc.com David R.Norton INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Selective Ins Co. of the SE 39926 INSURED Ware Bonsall Architects,inc. INSURER 8:Selective Ins Co of America 12572 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 D L SU POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DDIYYYY GENERAL LIABILITY i EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED A COMMERCIAL GENERAL LIABILITY S 1924651 01101/2014 01/01/2015 PREMISES Ea occurrence $ 300,000 CLAIMS-MADE D OCCUR ME EXP(Any one person) $ 10,00 X tBusiness Owners PERSONAL&ADV INJURY S 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY I PRO- tJECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2 ODO,OO Ea accident ANY AUTO S1924661 01/01/2014 01/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS I PER ACCIDENT)_ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X I WC STATU- OTH- AND EMPLOYERS'LIABILITY MIT E _ B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WC 7959098 01/01/2014 01/01/2015 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? � NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 if es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 PROPERTY 51,050 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Addltlonal Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION ORANCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. County Manager PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD