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Home My WebLink About2018-107-E AMS - LRC air quality testing 129 E KingDocuSign Envelope ID: 4D27BC63- FB29- 49D9- BADC- A294038D9962 [Departmental Use Only] TITLE AQT 129 E King FY 2017 -18 ORANGE COUNTY CONTRACT UNDER $1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 23rd day of February, 2018, ( "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 LRC (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 and/or construction (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: Limited Environmental Indoor Environmental Quality Investigation with the Collection of Non - Viable Air and Surface Samples at 129 East King Street, Hillsborough, NC per proposal dated February 13, 2018 The term of this agreement rendered shall be from February 23, 2018 to March 30, 2018. 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 I. 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 Seven Hundred Eighty Five Dollars, ($785.00). 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 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 Revised 10/17 DocuSign Envelope ID: 4D27BC63- FB29- 49D9- BADC- A294038D9962 be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http: / /www.orangecountync.gov /departments /purchasing division / contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here 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 County's Risk Manager. 5. Indemni : The Provider agrees, without limitation, 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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. County may suspend this Agreement upon reasonable notice to 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. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 state and federal anti - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http: / /www.oran e�rypc. og v/ departments /purchasing_ division /contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. 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. Revised 10/17 2 DocuSign Envelope ID: 4D27BC63- FB29- 49D9- BADC- A294038D9962 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 10/17 DocuSign Envelope ID: 4D27BC63- FB29- 49D9- BADC- A294038D9962 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY By :�u u�w Department Director 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 4/2/2018 Revised 10/17 4 PROVIDER By: p�4rtu•ow� Title: 'NOW v" LRC 140 Iowa Lane, Suite 102 Cary, NC 27511 2/15/2018 DocuSign Envelope ID: 4D27BC63- FB29- 49D9- BADC- A294038D9962 hr 9r;c� f•..J.n :.I r. �-.. February 13, 2018 Orange County Asset Management Services Ms. Angel Barnes LRC Indoor Testing & Research, Inc. 140 Iowa Lane, Suite 102 Cary, NC 27511 (919)342 -4936 www.ircresearch.com 131 West Margaret Lane Hillsborough, N 27278 Authorization for Payment of Services Provided Re: Limited Environmental Indoor Environmental Quality Investigation with the Collection of Non - Viable Air and Surface Samples at 129 East King Street, Hillsborough, NC LRC Indoor Testing & Research, Inc. is pleased to provide this proposal for Indoor Environmental Quality (IEQ) services related to the structure at the address listed above. This proposal covers labor for sample collection, data analysis, laboratory fees for measuring airborne fungi and surface fungi, and report writing. Based on our telephone conversation we propose the following tasks: 1. Visual inspection of the impacted area. 2. Record Indoor Air Quality parameters of temperature and relative humidity in the structure. 3. Check building materials moisture content in representative suspect areas. 4. Collect representative fungal spore trap air screening samples indoors and outdoors for comparison for non - viable fungal analysis. At least one of the samples indoors will be collected at the return with the fan of the HVAC operating. 5. Collect representative surface sample(s) for non - viable fungal analysis. 6. Provide a written report describing the inspection results and comparing those results to accepted guidelines and directives. Our report will include a summary of our inspection, Certificates of Laboratory Analysis, Summary Tables, and remediation protocol. LRC's proposed fee for the investigation is: Amount Description Each Total 1 Project Fee* $ 400.00 $ 400.00 9 Non - Viable Air Samples $ 35.00 $ 315.00 2 Non - Viable Surface Samples $ 35.00 $ 70.00 Lab Fees $ Additional Fees $ ESTIMATED TOTAL $ 785.00 *This fee is charged for sample and data collection, sample analysis and report writing for a field team. The proposed cost is an estimate based on our telephone conversation. If the investigation is more extensive and involving more areas, the price will be adjusted but will be discussed with you while we are on site. We request payment of 60% of the total upon completion of our investigation and the remainder on submission of our report. We accept Visa, MasterCard or a check at the time of our investigation. If the proposal is acceptable, please sign and return a copy to serve as our notice to proceed. An email confirmation is acceptable. Thank you for the opportunity to work on this project. After the completion of remediation, clearance testing is highly recommended. There is an additional cost for the clearance investigation and a post remediation clearance report will be issued at that time. If this is an insurance claim you, the client, are ultimately responsible for the payment for this project regardless of the insurance company's final decision on payment. Proposal offered by: Proposal accepted by: DocuSign Envelope ID: 4D27BC63- FB29- 49D9- BADC- A294038D9962 Cathy Richmond at LRC Indoor Research and Testing DocuSign Envelope ID: 4D27BC63- FB29- 49D9- BADC- A294038D9962 AC"R" CERTIFICATE OF LIABILITY INSURANCE 1 . DATE(MM /DD/YYYY) 02/09/2018 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 Nobles Insurance Agency 224 HIGH HOUSE RD, SUITE 102 CARY NC 27513 CONTACT GARY NOBLES PHONE (919) 467 -1703 FAX (919) 467 -3103 EMAIL NOBLESG @NATIONWIDE.COM INSURERS AFFORDING COVERAGE NAIC # INSURERA:NATIONWIDE INSURANCE 23779 06/24/2017 INSURED LRC INDOOR TESTING &RESEARCH INC INSURERB:CINCINNATI INSURANCE COMPANY 10677 CLAIMS -MADE � OCCUR 140 IOWA LN INSURER C SUITE 102 INSURER D $ 100,000 INSURER E MED EXP (Any one person) CARY NC 27511 -4498 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 LTR TYPE OF INSURANCE ADDL win SUER wyn POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY ACP GLG02293464239 06/24/2017 06/24/2018 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE � OCCUR DAMAGES ( RENTED Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 GEN'L X POLICY JE� 1:1 LOC PRODUCTS - COMP /OP AGG $ 2,000,000 1 $ OTHER I 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE (Per accident) $ NON -OWNED HIRED AUTOS AUTOS A UMBRELLA LIAB X OCCUR ACP CAF 2293464239 06/24/2017 06/24/2018 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 X EXCESS LIAB CLAIMS -MADE DED RETENTION $ B WORKERS COMPENSATION 6C28UB- 2E28464 -1 -17 06/24/2017 06/24/2018 PER X OTH- STATUTE ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE Y� E.L. EACH ACCIDENT $ 1'000'000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) A NIA E.L. DISEASE - EA EMPLOYEE $ 1'000 000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) When required by written contract the certificate holder is included as additional insured with regards to General Liability. Endorsement CG 2010 CERTIFICATE HOLDER CANCELLATION A1007598 Fax: ( ) - @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ORANGE COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ABARNES @ORANGECOUNTYNC.GOV ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 8181 AUTHORIZED REPRESENTATIVE HILLSBOROUGH NC 27278- Fax: ( ) - @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD