FUME HOOD SYSTEMS PREVENTIVE MAINTENANCE AND REPAIR AGREEMENT This agreement between the University of Georgia, hereinafter called “Owner,” and _______________________________________________________________________ hereinafter called “Contractor,” is for laboratory fume hood systems preventive maintenance and repair services at the University of Georgia, Athens, Georgia, per the following specifications: I – SCOPE OF WORK Contractor shall provide complete preventive maintenance, adjustment, performance testing and repair service for approximately 900 laboratory fume hood systems to include manifold systems. Contractor shall be responsible for regular responsive and systematic execution of the work items included in this agreement. II – GENERAL CONDITIONS A. All work executed in the performance of this contract shall be in accordance with all applicable laws and standards, including OSHA, and otherwise applicable to this trade. B. Contractor shall be responsible for ensuring unsafe conditions do not exist, including the presence of hazardous substances on any system prior to the performance of any work under this contract. Hazardous materials may be encountered during the execution of work under this contract. The Contractor shall exercise extreme care when demolishing, repairing or otherwise disturbing existing work. The Contractor shall cease work immediately if suspected hazardous materials are encountered in the work, and notify the Owner in writing of each incident. The Owner will cooperate with the Contractor and will perform all requisite testing to confirm the presence or absence of hazardous materials for each reported incident. III - SPECIFICATIONS A. Contractor shall furnish all necessary supplies, materials, maintenance service vehicles, radios, cell phones, labor, supervision, tools, test equipment, special equipment, and lubricants, needed to perform all work under this contract. Contractor’s employees must be equipped with portable radios for the purpose of communicating on the University of Georgia Facilities Management Division radio network and cell phones. B. Major fume hood system components (less base cabinets or complete hood assemblies) identified as required for repairs shall be provided either by the contractor or by the Owner, at the direction of the Owner’s agent, on a case by case basis. Minor repair and maintenance parts (belts, switches, bulbs, etc.) shall be provided by the contractor and reimbursed by the Owner. Page 1 of 9 C. Contractor shall perform preventive maintenance, repair and performance testing on each hood system annually to insure proper system operation. Performance testing shall be in accordance with SEFA’s (Scientific Equipment and Furniture Association) most current Laboratory Fume Hoods Recommended Practices Handbook, except that: 1. Cross drafts shall not exceed 50% of average face velocity. 2. Air flow measurements shall be performed using ShortRidge Instruments, AirData Multimeter ADM-860, or equivalent, approved by Owner’s agent. 3. With the exception of high performance fume hoods (HPFH) or otherwise specified, average face velocities shall be set between 100 and 105 FPM, with no single reading outside the range of +/- 20 FPM of the average measured face velocity. Unless otherwise directed, HPFH average FV shall be set at the face velocity recorded at time of acceptance or up to 5 FPM more. 4. Sash position during face velocity measurements shall be at the 18” level for all hoods installed or retrofitted in 1996 or later. Other hoods shall be measured at the full sash open position. Hoods with multiple sash configurations shall be tested as specified by the Owner’s agent. 5. Smoke Testing and Tracer Gas Containment testing as per ASHRAE 110-1995, is not required. 6. Contractor will record results of preventive maintenance and performance testing on Owner provided Test Record. Post one copy on the fume hood, and provide original to Owner’s agent. D. Performance testing, as described above, is also required upon completion any repair activity that might affect air flow (new fan, belt, etc) or upon request by Owner’s agent. E. In addition to annual preventive maintenance and performance testing, Contractor shall make repairs to fume hood systems as required in response to occupant trouble calls, as directed by Owner’s agent, and provide unlimited call back service, when required. F. As required by Owner, Contractor will support removal or relocation of existing fume hoods or installation of new systems (provided by owner). This will be accomplished at the same pay rates as established by this agreement. Owner’s agent will provide Contractor a minimum of two working days’ notice of such requirements. Contractor will not perform any provisions of utilities to the hoods or structural or mechanical modifications to the building; any required changes will be handled by the Facilities Management Department. G. Work under this contract shall be performed Monday through Friday between 8:00 AM and 4:30 PM, with a lunch break between noon and 12:30 PM. Contractor shall have two qualified employees performing specified work during these work periods. Contractor will not work the following National Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. Permission to work beyond these hours specified must be obtained from the Owner’s agent. Page 2 of 9 H. Contractor shall maintain a separate log book record of all work performed to include: date, time, location and scope of work performed. This log book is the property of the Owner and is subject to review/inspection at any time. I. Special Purpose Fume Hoods. The majority of work under this agreement will be performed on general purpose chemical fume hoods; however, the contractor will also be required to perform similar work on Radiation, Percholoric Acid, and special purpose type hoods. 1.Work on such hoods shall not proceed until Owner’s agent provides written authorization to do so, which shall include a statement that the hood and associated components are free of hazardous chemicals or do not require special safety precautions beyond that required for work on general purpose chemical fume hoods. IV – EMPLOYEE QUALIFICATIONS A. Contractor agrees that all work will be accomplished by employees who are directly employed by the contractor, and who possess sufficient skills to accomplish work required by the contract. As a minimum, one of the regular employees must be fully qualified in all areas of fume hood maintenance, repair, installation and operation, and have a minimum of two years fume hood experience or equivalent. Additional employees shall be capable of performing similar duties under the direct supervision of the primary technician, and shall perform minor repairs, adjustments and troubleshooting without supervision. B. All contractor employees shall be in clean uniformed dress (identifying the company and individual’s name on the shirt), with demeanor acceptable to the Owner’s agent’s satisfaction. Employees found to be unacceptable to the Owner’s agent shall be replaced after being given reasonable notice. C. Contractor is required to provide the number of employees identified in Section VI. Of this contract to perform work during the normal work periods. Contractor cannot exceed the number of category of employees performing work without approval of the Owner’s agent. D. Contractor shall provide Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) once requested by owner for Contractor and any Subcontractors or Sub-Subcontractors. Page 3 of 9 V – RATE SCHEDULE The rates to be used for billing and for the basis of award are as follows: (Bidders shall insert the hourly rate to be charged) A. Labor Category Regular Overtime Technician $ ____________/hr $____________/hr Asst. Technician $ ____________/hr $____________/hr B. Parts discount to be applied to all contractor supplied parts, materials, components: Discount = Manufacturers list price less _____________% VI – BASIS FOR AWARD Award will be made to the lowest qualified bidder based on rate schedule provided in Section V. above, number employees by type (technicians and assistants) and the factors identified below: A. LABOR: Assume each employee works 2,040 regular hours per year. Bidders indicate number of type employees and apply the appropriate rates from above. Position Qty Regular Rate/hr Hours $/Year Technicians _______ X ___________ X 2,040 = $_______________ Assistant Technicians _______ X ___________ X 2,040 = $_______________ Total = $_______________ B. PARTS: Assume Owner will purchase parts with list value of $25,000 annually. Bidders discount (Section V.) applied to this amount equals annual parts costs to Owner. $25,000 X (100 minus ____________% / 100) = $_______________ C. The total of Section VI. A. and B. above shall determine the low bid and shall be the basis of award for this agreement: Total for annual labor costs (Section VI. A.) above = $______________ Total for annual parts costs (Section VI. B.) above = $______________ TOTAL BID AMOUNT = $______________ (Basis of Award) Page 4 of 9 VII – OWNER’S RIGHT TO INSPECT AND REQUIRE WORK A. Owner reserves the right to make such inspections and tests whenever necessary to insure that the requirements of the agreement are being fulfilled. Contractor agrees to furnish personnel and tools necessary to conduct such tests. Deficiencies noted in Contractor’s performance shall be promptly corrected at Contractor’s expense. If Contractor fails to perform the work required by the terms of this agreement in a diligent and satisfactory manner, Owner may terminate this agreement in accordance with Section XIII., and perform or cause to be performed all or any part of the work required. Contractor agrees that he/she will reimburse Owner for any expenses incurred due to failure to perform as required under this agreement; and therefore, the Owner, at his discretion, may deduct the amount from any sum owed to contractor. B. The Owner’s right to make inspections or tests may be exercised by an Owner designated Consultant, who will, if the Owner so advises, have the same authority to inspect and test as the Owner, as provided hereunder. The waiver by Owner of a specific breach of any provision of this agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor. VIII – CONTRACTOR TO COMPLY WITH LAWS A. In the performance of this agreement the Contractor shall abide by all existing laws, codes, rules, and regulations set forth by all appropriate authorities having jurisdiction in the location where the work is to be performed. B. Contractor shall not be required under this agreement to make other safety tests or to install new attachments as may be recommended or directed by insurance companies, Federal, State, Municipal or Governmental authorities, nor to make any replacement parts of a different design subsequent to the date of this contract, unless compensated for such installation. IX – INSURANCE A. The Contractor shall be responsible for all injury or damage of any kind resulting from this work to persons or property regardless of Ownership. In addition to the liability imposed upon the Contractor on account of personal injury (including death) or property damage suffered through the Contractor’s negligence, which liability is not impaired or otherwise affected hereby, the Contractor assumes the obligation to hold the Owner harmless and to indemnify the Owner from every expense liability or payment arising out of or suffered through any negligent act or omission of the Contractor, its agents, servants or employees. B. The Contractor agrees to comply with the provisions of the Worker’s Compensation Laws of the State of Georgia and to require all Subcontractors likewise to comply; must be at least $1,000,000.00. The Contractor agrees to furnish, prior to the beginning of any work, the following, to the Owner for itself and for each Subcontractor; original certificate from any insurance company showing insurance of Worker’s Compensation Coverage from the State of Georgia or a certificate from Georgia Worker’s Compensation Board showing proof of ability to pay compensation directly. Page 5 of 9 C. The Contractor further shall maintain such other insurance, with companies acceptable to the Owner (with limits as shown below) as shall protect the Contractor and the Owner from any claims for property damage or personal injury, including death, which may arise out of operations under this agreement. D. Contractor shall furnish, when requested, the Owner’s Procurement Office all original copies of certificates and policies of such insurance (as shown below) naming the Owner as an additional insured. All such certificates and policies shall provide that the coverage thereunder and shall not be terminated without at least thirty (30) days prior written notice to the Owner. E. Contractor’s failure to provide said certificates of insurance shall release the Owner from any obligations under this agreement. F. Below is listed the additional insurance coverage which must be procured by the Contractor at Contractor’s expense. 1. Comprehensive general liability insurance covering all operations and services required under this agreement with limits of bodily injury coverage of not less than $1,000,000.00 per person and $2,000,000.00 general aggregate. 2. Comprehensive automobile liability insurance including owned, non-owned and hired vehicle coverage $1,000,000.00. 3. Excess/Umbrella liability $4,000,000.00 aggregate, $2,000.000.00 per occurrence. 4. The policy shall name as additional insured the officers, members, and employees of the Owner and State of Georgia, but only with respect to claims that arise out of Contractor’s negligence in performing the work or the additional insured’s general supervision of such operations under this contract, but only for such claims for which the Georgia Tort Claims Act, OCGA § 50-21-20 et seq. is not the exclusive remedy. 5. The coverage extended to the additional insured for any claims not covered by the Georgia Claims Act, shall be no broader than the coverage extended to the Contractor and is not expanded to cover claims and losses that are not insurable under the Contractor’s policy. 6. The policy must be on an “occurrence” basis. X – PERFORMANCE BY THE OWNER A. The Owner agrees: 1. To provide the Contractor access to system equipment. 2. To be responsible for providing, maintaining and repairing utility services to fume hood systems to within 3 feet of the hood system and appropriate disconnects and shutoff valves where appropriate on these services. The Contractor is responsible for all wiring, piping, etc., downstream of these points, as well as wiring and piping between hood components (i.e., between fans and hoods). 3. To report to the Contractor any conditions which may indicate the need for correction before the next regularly scheduled examination. Page 6 of 9 4. To provide on-campus office space and local parking space for the Contractor. The Contractor shall provide office furniture, office janitorial services, commercial telephone service, answering service, cell phones and Facilities Management Division net radios for employees. The Contractor shall purchase parking permits for service and employee vehicles. XI - OWNERSHIP OF EQUIPMENT A. The Contractor shall not at any time assume possession or control of any part of the equipment, but such shall remain the University’s exclusively as the Owner thereof. XII - PRICE, TERM AND RENEWAL A. Payment terms shall be Net 30 days upon receipt of properly submitted invoice. B. The Contractor will forthwith pay all taxes lawfully imposed upon it with respect to this agreement. By this section, the Owner makes no representation whatsoever as to the liability of exemption from liability of the contractor to any tax imposed by any governmental entity. C. The initial term of the agreement shall be from July 1, 2013 through June 30, 2014, and may be renewed under the same terms and conditions upon mutual agreement by Owner and Contractor. D. Requests by the Contractor for price adjustments must be initiated in writing to the University of Georgia Procurement Office at least 120 days prior to the beginning date of the affected price adjustment period and must be supported by conclusive evidence justifying the need for said price adjustment. The University of Georgia Procurement Office, after review by Owner, will notify the Contractor ninety (90) days prior to the next renewal period as to the acceptance or rejection of the requested price adjustment. XIII - TERMINATION At any time during the term of this agreement, if the Contractor fails to properly provide the services required and specifics in the agreement or violates any of its provisions (as judged by the Owner and at its sole discretion), the Owner may, on 90 days written notice to the Contractor, terminate this agreement. XIV - SPECIAL CONDITIONS A. No equipment will be removed from service, except in cases of hazard to life, without clearance of the using client. B. When equipment is out of service for whatever reason, signs of adequate size and in conspicuous locations shall be attached to that equipment indicating that the equipment is out of service. Page 7 of 9 C. Any statement contained herein regarding the presence of asbestos-containing materials or other contaminants is based on the best current information in the Owner’s possession. Asbestoscontaining materials or other contaminants may be encountered during the execution of work under this contract. The Contractor shall exercise extreme care when demolishing, repairing or otherwise disturbing existing work. The Contractor shall cease work immediately if suspected asbestos-containing materials or contaminants are encountered in the work, and notify the Owner in writing of each incident. The Owner will cooperate with the Contractor, and will perform all requisite testing to confirm the presence of absence or of asbestos-containing material or contaminants for each reported incident. However, the Owner cannot guarantee that the site of the work included under this contract is completely free from asbestos or other unknown contaminants. D. Under no circumstances shall any asbestos containing material be installed under this contract. New materials shall not contain asbestos in any form or quantity. E. The Owner has information concerning the location of asbestos or suspected asbestos in campus buildings. This information is available to the Contractor. F. Contractor must notify the Owner’s Deputy Right to Know Coordinator, in writing, at least thirty (30) days prior to the commencement of work, if the Contractor intends to use or store at the work-site any hazardous chemicals. Contractor also must furnish to the Coordinator a copy of the MATERIAL SAFETY DATA SHEET for each substance. The purpose of this requirement is to allow the Coordinator to make this information readily available to the Owner’s employees who may be in the vicinity of the work site during the life of this contract. Note that this does not relieve the Contractor of any duty to notify all individuals subject to hazardous chemical notification under Federal, State or provisions of the Right to Know Act, OCGA § 4522. G. During the performance of work under this contract, the Contractor may elect to engage in activities, or to use methods and materials, that result in fumes (including smoke) being generated and dispersed in occupied areas. In addition to complying will all codes and ordinances indicated elsewhere in these specifications, Contractor shall perform his work in a manner that will minimize or completely eliminate the probability of such an occurrence. However, if fumes of any nature are generated or released by the Contractor to the inside of a building, such fumes shall be contained and exhausted from the spaces in accordance with previously cited codes and ordinances. If any Contractor-generated or Contractor-released fumes spread to occupied spaces, Contractor shall: 1. Stop work causing fume generation or release. 2. Contact Facilities Management Work Control at 706-542-7456 (for information only) 3. Determine the nature and extent of fumes release. 4. Purge all areas of these fumes; clean up areas if fumes deposited dirt or particulate matter. 5. Change work methods to eliminate fumes. 6. Continue working after steps 1 through 5 have been accomplished. Page 8 of 9 H. Contractor shall not locate odor-producing equipment in the vicinity of building air intakes. I. Contractor must schedule and control all work persons employed on the project. Contractor shall instruct all workers to prevent tracking dirt, debris, etc., into adjacent buildings. Improper dress, loud or unacceptable language and disruptive noises will not be allowed. J. Contractor shall comply with all applicable provisions of NFPA “Standard for Safeguarding Construction, Alteration and Demolition Operations,” latest edition (1996). K. Prior to commencement of work under this contract, the Contractor must attend a Pre-construction Meeting at the Facilities Management Building. The Owner will select the date and time for this meeting. XVI - TIME OF THE ESSENCE Time shall be of the essence in the performance of the terms of this agreement In witness whereof, the Parties have executed this Agreement on the date noted below: CONTRACTOR: OWNER: ________________________ THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA BY AND ON BEHALF OF THE UNIVERSITY OF GEORGIA BY:____________________ BY:_______________________ TITLE:__________________ TITLE:____________________ DATE:__________________ DATE:_____________________ Page 9 of 9