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Home My WebLink About2019-037-E AMS - LRC Indoor Testing and Research air quality testing DocuSign Envelope ID: E93BD43D-BEBA-40BA-9369-A91730E5F629 [Departmental Use Only] TITLE Air Quality Testing FY 2019 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 23rd day of January, 2019, ("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 Indoor Testing&Research, Inc (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: perform Air Quality Testing as requested in various County facilities, as reported by occupant, and requested by Orange County Asset Management Services. Testing is on-going, and as needed. Work performed was of an urgent nature (by our procedure standard) in locations at the time of this contract. The term of this agreement rendered shall be from December,2018 to January 14,2019. 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 one thousand eight hundred eighty five dollars, ($1885). 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. Revised 12/18 1 DocuSign Envelope ID: E93BD43D-BEBA-40BA-9369-A91730E5F629 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 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.orangecountVnc.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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. Indemnity: 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 eg counter 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. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement Revised 12/18 2 DocuSign Envelope ID: E93BD43D-BEBA-40BA-9369-A91730E5F629 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. OP_ANC-F rnITNTV PROVIDER DocuSigned by, Docu Signed by: By:121EF37aAr_D454EF_. 6JA, P6V�►aaln. By: � AC66Vj . 820572BD231D433._. ljup L1L111CUL lJllGGLVr Title: 200 S. Cameron St. LRC Indoor Testing&Research,Inc P.O. Box 8181 140 Iowa Lane, Suite 102 Hillsborough,NC 27278 Cary,NC 27511 Revised 12/18 3 DocuSign Envelope ID: E93BD43D-BEBA-40BA-9369-A91730E5F629 LRC LRC Indoor Testing Research 140 Iowa Ln. Ste#102 Q(:�IndoorTesting&Research Cary, NC 27511 (919) 342-4936 accounting@Ircresearch.com INVOICE DATE PROJECT/INVOICE NO. Project 106 E. Margaret Lane 12/19/2018 18-2449 Location: Hillsborough, NC 27278 BILL TO: Orange County Project Type: IAQ 131 E. Margaret Lane Project Date: 12/14/2018 Hillsborough, NC Claim Number: DESCRIPTION TOTAL RATE UNIT AMOUNT Field Investigation, Sample 1 $200.00 - $200.00 Collecting/Analysis, Reporting Non-viable Spore Trap Sample 1 $35.00 Each $35.00 Non-viable Surface Sample $35.00 Each TOTAL DUE $235.00 PAYMENT TERMS NET 15 DATE DUE 12/29/2018 Please make check payable to: LRC Indoor Testing& Research, Inc. 140 Iowa Lane, Suite 102 Cary, NC 27511 Please include project/invoice number on check. Fed. ID#26-0714191 Initial: We also accept Master Card or Visa. DocuSign Envelope ID: E93BD43D-BEBA-40BA-9369-A91730E5F629 RC LRC Indoor Testing Research 140 Iowa Ln. Ste#102 Q<.Indoor Testing&Research Cary, NC 27511 (919) 342-4936 accounting@ Ircresearch.com INVOICE DATE PROJECT/INVOICE NO. Project 113 Mayo Street 1/6/2019 19-1001 Location: Hillsborough, NC BILL TO: Orange County Project Type: IEQ Mr. Freddy Brooks Project Date: 1/2/2019 131 W. Margaret Street Claim Number: Hillsborough, NC 27278 DESCRIPTION TOTAL RATE UNIT AMOUNT Field Investigation, Sample 1 $350.00 - $350.00 Collecting/Analysis, Reporting Non-viable Spore Trap Sample 7 $35.00 Each $245.00 Non-viable Surface Sample 1 $35.00 Each $35.00 TOTAL DUE $630.00 PAYMENT TERMS NET 15 DATE DUE 1/17/2019 Please make check payable to: LRC Indoor Testing& Research, Inc. 140 Iowa Lane, Suite 102 Cary, NC 27511 Please include project/invoice number on check. Fed. ID#26-0714191 Initial: We also accept Master Card or Visa. DocuSign Envelope ID: E93BD43D-BEBA-40BA-9369-A91730E5F629 LRC LRC Indoor Testing Research 140 Iowa Ln. Ste#102 Q(:�IndoorTesting&Research Cary, NC 27511 (919) 342-4936 accounting@Ircresearch.com INVOICE DATE PROJECT/INVOICE NO. Project 306 Revere Rd 12/18/2018 18-2454 Location: Hillsborough, NC Environment &Agricultural Center BILL TO: Orange County Project Type: IEQ 131 W. Margaret Lane Project Date: 12/14/2018 Hillsborough, NC Claim Number: DESCRIPTION TOTAL RATE UNIT AMOUNT Field Investigation, Sample 1 $300.00 - $300.00 Collecting/Analysis, Reporting Non-viable Spore Trap Sample 5 $35.00 Each $175.00 Non-viable Surface Sample 2 $35.00 Each $70.00 TOTAL DUE $545.00 PAYMENT TERMS NET 15 DATE DUE 12/29/2018 Please make check payable to: LRC Indoor Testing& Research, Inc. 140 Iowa Lane, Suite 102 Cary, NC 27511 Please include project/invoice number on check. Fed. ID#26-0714191 Initial: We also accept Master Card or Visa. DocuSign Envelope ID: E93BD43D-BEBA-40BA-9369-A91730E5F629 LRC LRC Indoor Testing Research 140 Iowa Ln. Ste#102 Q(:�IndoorTesting&Research Cary, NC 27511 (919) 342-4936 accounting@Ircresearch.com INVOICE DATE PROJECT/INVOICE NO. Project 5800 Hwy 86 North 12/20/2018 18-2450 Location: Cedar Grove, NC BILL TO: Orange County Asset Management Project Type: IEQ 131 E. Margaret Lane Project Date: 12/14/2018 Hillsborough, NC Claim Number: DESCRIPTION TOTAL RATE UNIT AMOUNT Field Investigation, Sample 1 $300.00 - $300.00 Collecting/Analysis, Reporting Non-viable Spore Trap Sample 4 $35.00 Each $140.00 Non-viable Surface Sample 1 $35.00 Each $35.00 TOTAL DUE $475.00 PAYMENT TERMS NET 15 DATE DUE 12/29/2018 Please make check payable to: LRC Indoor Testing& Research, Inc. 140 Iowa Lane, Suite 102 Cary, NC 27511 Please include project/invoice number on check. Fed. ID#26-0714191 Initial: We also accept Master Card or Visa. DocuSign Envelope ID: E93BD43D-BEBA-40BA-9369-A91730E5F629 A�'�0 DATE(MNMONYYY) � CERTIFICATE OF LIABILITY INSURANCE 01/1 51201 9 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 Indorsed. 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 h Did er in lieu of such endorsements. PRODUCER CONTACT. GARY NOBLES Nobles Insurance Agency PHONE (919)467-1703 FAX {919)467-3103 224 HIGH HOUSE RD,SUITE 102 EMAIL CARY NC 27513 NOI3LE5G@NATIONIMDE,COM IN%jRER(S1FF DIN RA E AIC A INS RER Am NATIONWIDE INSURANCE 23779 INSURED LRC INDOOR TESTING&RESEARCH INC a CINCINNATI INSURANCE COMPANY 10677 1401OWA LN INSURER C: SUITE 102 INSURER CARY NC 27511-449B _INSURERE: I INS 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, N01WITHSTANDING 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 PAIL]CLAIMS. INSR -TYPE OF INSURANCE ADDL SUOR PQLIQy NUMBER POLICY EFF POLICY EXP LIMITS A• X Ca.MMERCIAL INNERAL LIABILITY x ACP GLG02203464239 6.l24l201 S 06/24/2019 EACH OCCURRENCE S 2,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE f 7X OCCUR $ . ME6EXP a arson 5,000 . - - .. .. PERSONAL&ADV INJURY S 2,000,000 GEN'LAGGREGATE'LIMIT APPLIES PER: - GENERAL AGGREGATE 2,000,000 x POLICY JET LOC PRODUCT'S-COMPlOPAGG 2,000,000 • 5 AUTOMOBILE L1A9lLITY COMBINED SINGLE LIMIT S ANYAUTO BODILY INJURY(Per aerstin) E ALL OWNED. SCHEOQJ ED 90piLY INJURY[Per aeadene} S AUTOS NONOS -OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS (Par ocnd,EW $ A UMBRELLA LIAB x OCCUR ACP CAF 2203464239 06/24/2018 W24M4 EACH OCCURRENCE 2,000,00D EXCESS DAB CLAIMS-MADE AGGREGATE 2,000,000 DED RED B WORKERS COMPENSATION 6C28UB-2E28484-1-17 6/2412018 0612412D18 PSTATUTE ER ]( EB OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTNE NIA E.L EACH ACCIDENT 1,000,000 OFFICERIASEMBER E7(CLUDED7 1,000,000 (Mandabry Ia HHy EL.DISEASE•EA EMPLOYEE $ Ir deeaihe una er 110001000 OPERATIONS k�owE.L.DIS E-P LICYLIMM DESCRIPTiOR OF OPERATIONS 1 LOCATIONS 1 VEHICLES.(ACORP 101,Addillcnal Remarks Schedule,may be attached it more apace is required) When required by written contract the geriificate holder Is included as additional insured with.regards to General Liability.Endorsement CG 2010 CERTIFICATE HOLDER CANCELLATION Al 012233 OC ASSET MANAGEMENT SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ATTN TAMMY COMAR ACCORDANCE WITH THE POLICY PROVISIONS. 131 W MARGARET LN PO BOX 8181 AUTHORIZED EPRESENTATNE HILLSBOROUGH NC 27278- Fax:( 1988-2014 ACORD CORPORATION. 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