OR - Two Rivers Correctional Institute - Fire and Smoke Door Inspection - Jan 2022.pdf

Prepared for:

Jeffrey Darcy

Two Rivers Correctional Institution

82911 Beach Access Rd,Umatilla, Oregon

97882

(541) 922-2184 jeffrey.w.darcy@doc.state.or.us

Prepared by:

Mark Porter

360-449-9079 mporter@lifesafetyservices.com

Corporate Of�ce:

908 S. 8th Street, Suite 500

Louisville, KY 40203

Ph: 888.675.4519

Fax: 502.964.1337 info@LifeSafetyServices.com www.LifeSafetyServices.com

FIRE & SMOKE DOOR

INSPECTION

PROPOSAL - 2021

GSA Contract # GS-21F-0056X Nov 16, 2021 Two Rivers Correctional Institution

FORM SP-1 OCT 2020/REV. 6.0

FIRE AND SMOKE DOOR INSPECTION PROPOSAL

Life Safety Services, LLC ("LSS Life Safety Services®" or “LSS”) is pleased to submit the following proposal ("Proposal") to Two Rivers

Correctional Institution (“Customer") for the services described in Section 1 below (“Services”).

1. SCOPE OF SERVICES

Customer acknowledges that the scope of the Services to be performed by LSS is limited to those described in Sections 2 through 6 of this Proposal. Except as otherwise speci�cally provided in such Sections or this Proposal, LSS is not being retained to provide any repairs or any other services with respect to the doors inspected by LSS. The purpose of the Report described in Section 6 and to be delivered by LSS to Customer is to describe the location and compliance or non-compliance of the doors inspected by LSS with the

NFPA Code as of the date of such Report, and is not intended to constitute a warranty as to the continued compliance of any door beyond such date.

2. BASIC INSPECTION SERVICES TO BE PROVIDED

Based on Customer’s Life Safety Drawings and other information provided to LSS by Customer, LSS agrees to provide the following inspection services with respect to Customer’s doors (collectively, “Inspection Services”):

a. LSS will use its commercially reasonable efforts to locate and, once located, inspect all doors in the Customer’s facility or otherwise identify “Compliant” and “Non-Compliant” doors, as determined by the LSS’s Inspector(s). The guidelines for door compliance and inspection will be based on The National Fire Protection Association’s (NFPA) Code “2010 NFPA 105

Standard for Smoke Doors” and “2010 NFPA 80, Standard for Fire Doors and Other Opening Protectives” (the “NFPA Code”)

Section 5.2.4 that states:

I. 5.2.4.2 As a minimum the following items shall be veri�ed:

1. Labels are clearly visible and legible;

2. No open holes or breaks exist in surfaces of either the door or frame;

3. Glazing, vision light frames, and glazing beads are intact and securely fastened in place, if so equipped;

4. The door, frame, hinges, hardware, and noncombustible thresholds are secured, aligned, and in working order with no visible signs of damage;

5. No parts are missing or broken;

6. Door clearances at the door edge to the frame, on the pull side of the door, do not exceed clearances listed in 4.8.4 and 6.3.1.7

7. The self-closing device is operational, that is, the active door completely closes when operated from the full open position;

8. If a coordinator is installed, the inactive leaf closes before active leaf;

9. Latching hardware operates and secures the door when it is in the closed position;

10. Auxiliary hardware items that interfere or prohibit operation are not installed on the door or frame;

11. No �eld modi�cations to the door assembly have been performed that void the label; and

12. Gasketing and edge seals, where required, are inspected to verify their presence and integrity;

13. Signage af�xed to a door meets the requirements listed in 4.1.4.

b. Identify on Customer’s Life Safety Drawings the location of each Door, and placement of identi�cation stickers on each door.

AutoCAD available at an additional cost of $4/door. NOTE: Customer to provide corresponding electronic Life Safety document (DWG or PDF).

c. Any components of the damper/door that are associated with the alarm/security system, (e.g. sensors, alarm interface sensors, access control, etc.) is the responsibility of the facility to contract with their alarm/security contractor.

3. ADDITONAL SERVICE LEVELS

a. Standard Level Service Agreements will include the Basic Inspection Services described in Section 2 above, and:

I. Time and date stamped digital photographs of each door will be provided of each door from the “secured” and

“unsecured” side;

II. Online reporting. Reports will be made available online via LSS proprietary software – LSS Site Surveyor®. There will be a charge of $2/page for a hard copy of the report generated and mailed by LSS. Please note that LSS Site

Surveyor® software provides a PDF generator which provides Customer with access to hard copies that can be printed by Customer at any time, as well as the ability to export the Report to Excel;

III. A summary of Inspection Services. The summary will include, the number of doors by �oor, types of rated-door by

�oor, number of compliant and non-compliant door by �oor. The summary report will also list the percentage results for reasons for non-compliance as well as non-compliance issues based of �re-rated assembly components;

IV. LSS Door Score™: Each door inspected will be assigned an LSS Door Score™ (“Score”). The purpose of the Score is to provide the Customer with guidance in determining the priority of order given to “non-compliant” doors requiring attention. Exhibit 1 provides details regarding the LSS Door Score™ calculations, and scoring disclaimer.

b. Premium Level Service Agreements will include Basic and Standard Level Services described in Sections 2 and 3(a) above, and:

I. Free hard copy of the Report in addition to LSS Site Surveyor® access;

II. Minor door repairs including: door silencers, screw packs, and screw holes �lled;

III. Identify on Customer’s Life Safety Drawings the location of each door in AutoCAD format, and provide Customer with �nalized drawings in electronic format. NOTE: Customer to provide corresponding electronic Life Safety document (DWG or PDF)

c. Egress/Evacuation Survey Agreements will include;

I. A �fteen point survey will be performed to assist the Customer in promoting safety and assist with meeting code requirements enforced by the Authority Having Jurisdiction (AHJ). Survey points include:

1. Review of Means of Egress;

2. Egress markings;

3. Physical condition of egress corridors and stairs;

4. Veri�cation of compliance with applicable codes as determined by LSS;

4. STANDARD OF INSPECTION SERVICES

4.1 Infection Control Procedure. LSS will perform the Inspection Services in a workmanlike manner. While performing the Inspection

Services, LSS will utilize reasonable infection control procedures. Without limiting the foregoing, LSS will adhere to Customer’s infection control risk assessments (“ICRAs”), provided such ICRAs have been provided to LSS.

5. REPORT - BASIC

Upon conclusion of the performance of the Inspection Services, LSS will provide Customer with access to an Excel report (“Report”), which is intended for Customer to provide for submission to applicable agencies, such as the local authority having jurisdiction (AHJ), Insurance Agencies and/or the Joint Commission. The Report shall include:

a. A listing of the location of each door;

b. A number for each door;

c. The �re rating for each door; and

d. Whether each door is compliant or non-compliant.

6. REPORT - STANDARD

Upon conclusion of the performance of the Inspection Services, LSS will provide Customer with access to online reporting. Reports will be made available via LSS’s proprietary software – LSS Site Surveyor®. There will be a $2/page charge for a hard copy of the report generated and mailed by LSS. Please note that LSS Site Surveyor® software provides a PDF generator that provides Customer with access to hard copies that can be printed by Customer at any time, as well as the ability to export the Report to Excel. The �nal

Report will include:

a. Digital photographs of each door LSS inspected from the “secured” and “unsecured” side;

b. A summary of Inspection Services. The summary of Inspection Services will include:

I. The number of doors per �oor;

II. Percentage results for reasons for non-compliance;

c. Inventory of each door;

I. A listing of the location of each door;

II. A number for each door;

III. The �re rating for each door; and

IV. Whether each door is compliant or non-compliant.

7. PRICE AND TERMS

7.1 Base Bid. The base bid for Inspection Services is as follows (does not include the cost of any repair services).

7.2 Minimum Charge. The invoice will re�ect at minimum the amount outlined in Section 8 of this Proposal.

7.3 Additional Charges.

a. Any additional work requested by Customer or any additional work needed to be performed due to extenuating circumstances will be made on a time and material basis, as mutually agreed between Customer and LSS prior to the performance of such additional work.

b. In the event LSS’s technician(s) cannot work a scheduled day (weekends included) a minimum charge of $750.00/scheduled technician will be invoiced. In the case of a partial day of missed work, the Customer will be charged either the actual number of doors inspected times the rate per door or $750.00 per scheduled technician, whichever is higher.

c. Any cost for parking, credentialing, containment tent shipping fees, or any ancillary fees associated with working at the

Customer’s facility will be included in the invoice at actual cost.

d. In the event high reach equipment is needed to perform the Services, they will be charged at cost + 20%. Cost will include pick-up and delivery, per day charge, and any other applicable charge for the high reach equipment. High reach equipment includes items such as lifts, extension ladders, and scaffolding.

e. If Air Scrubbers, Negative Air Machines, or other comparable pieces of equipment are needed they will be charged at $150 per day per piece of equipment.

7.4 Daily Labor Charges.

a. LSS will bill Customer $750 per technician per day, or the actual work performed at applicable rates described in Section 8 of this Proposal, whichever is higher.

7.5 Payment. Invoices will be submitted monthly re�ecting the work performed during the month, with the balance due Net 30 days from the invoice date. Past due invoices will accrue interest at a rate of 18% per annum.

ADDITIONAL NOTES

This proposal covers the inspection of 331 swinging �re doors and 46 horizontal, sliding �re doors maximum. No repairs are covered by this quote. All de�ciencies found during inspection will be included in the inspection summary report and a separate quote will be created to address �xing the de�ciencies listed in that report.

Modi�ed January 10th, 2022 to re�ect GSA pricing per contract GS-21F-0056X

Section 8: SCOPE OF WORK PRICING SUMMARY: Fire and Smoke Door Inspection

Service Service Level Quantity Unit Rate Extended Total

Door Inspection - Swinging Fire Doors Inspection Tech 331 $14.36 $4,753.16

Door Inspection - Horizontal, Sliding Fire Doors Inspection Tech 46 $14.36 $660.56

Total $5,413.72

a. Upon completion of the project, LSS will invoice customer at minimum for the total outlined above and/or for the purchase order amount. Progress bills will be issued monthly for the percentage of work completed.

I. The above price is a �xed price for the inspection of up to doors. If additional units need to be inspected and LSS must go over the purchase order amount to complete the project, LSS will seek Customer’s approval for additional work and/or additional charges as outlined in pricing prior to proceeding. The unit price to inspect any door over the base bid listed above will be $ $14.36 per door.

II. Final invoice could be higher than the extended total contained in Section 8 based on daily rates and other fees listed above.

8.1 Early Payment Discount Option: LSS offers an Early Payment Discount of two-percent (2%) off the total invoice for customers that pay their invoice any time prior to commencement of the Services or Net 10 days from date of invoice. To qualify for the discount the Customer must sign-up for ACH payment.

IMPORTANT NOTICE REGARDING CUSTOMER ACCEPTANCE

In accepting this Proposal, Customer agrees to the terms and conditions contained herein and any attachments or riders attached hereto that contain additional terms and conditions (hereinafter the “Agreement”). Any changes requested by the Customer after the execution of this

Agreement shall be paid for by the Customer and such changes shall be authorized in writing.

Please See Attached Items for Coverage Detail. Proposal pricing effective for 90 days. Payment may be made by Check or Credit Card. If work under this agreement is tax exempt, customer must provide tax exempt certi�cate.

Section 2: TERMS AND CONDITIONS. The terms and conditions attached hereto are incorporated herein by reference.

Two Rivers Correctional Institution

By: ________________________________________________________________________________________________________

Name: _____________________________________________________________________________________________________ (Authorized Signer)

Title: ______________________________________________________________________________________________________

PO#: ______________________________________________________________________________________________________

LSS LIFE SAFETY SERVICES®

By: ________________________________________________________________________________________________________

Name: _____________________________________________________________________________________________________

Title: ______________________________________________________________________________________________________

01 / 10 / 2022

Mark Porter

Regional Sales Manager - Paci�c Northwest

We offer �nancing and extended payment options that are �exible for you: click here for further details.

Authorization to progress bill A/P Email: A/P Phone Number: (Accounts Payable)

GPO Af�liation: GPO ID:N/A N/A

Please advise if a separate purchase order number is required if any �xed bid price is exceeded, OR

Credit Card Type (Please Check One): Visa MasterCard American Express

Credit Card Number: ____________________________________________________________ CVV: ____________

Expiration Date: ________________________________ Billing ZIP: _______________

Name as it appears on the card: ____________________________________________________

(NOTE: By providing your credit card information you are authorizing LSS to charge the above listed credit card upon completion of the project. A 3% fee will be charged on all cards for transactions over $25,000.00) https://www.lifesafetyservices.com/leasing/

EXHIBIT 1

LSS DOOR SCORE™

The LSS DOOR SCORE™ is a proprietary scoring system which assigns a numeric value to every �re and smoke door inspected. Historically, �re door inspectors have determined doors to be either compliant or non-compliant based on whether or not a de�ciency existed in the opening. The challenge with this method is that almost every �re door will have some sort of de�ciency when inspected which renders a non-compliant result with no differentiation. For example, one �re door might be missing a hinge screw while another �re door might not close and latch. Both doors are non-compliant but the door that does not close and latch would demand higher priority in terms of which de�ciency to address �rst. Consequently, the majority of inspection reports provided to the customer using this method contain an abnormally high percentage of non-compliant openings and little guidance to the customer on where to start with correcting the de�ciencies.

While any door with a de�ciency is non-compliant and such should be addressed without delay, the LSS Door Score™ was developed by LSS Life Safety Services to assist customers in determining the priority of order to give to doors requiring attention.

The LSS DOOR SCORE™ is composed of numeric values based on two de�ciency categories referred to as Code Issues and Maintenance Issues. Items identi�ed as Code Issues are those concerns of important attention to the AHJ that could warrant a Citation of Non-Compliance and require immediate corrective action.

Items identi�ed as Maintenance Issues are concerns that do not immediately affect the overall operation of the assembly, but if corrective action is not taken, could result in a Citation of Non-Compliance by the AHJ. All listed items for attention are of suf�cient concern to warrant corrective action without delay.

Each opening starts with 100 points per de�ciency category for a total of 200 possible points. Each de�ciency, depending on its nature, is categorized into a Low, Medium and High sub-category and assigned an appropriate number of points to be deducted from the beginning score. See table below for point assignments.

SEVERITY CODE MAINTENANCE

LOW -25 -5

MEDIUM -50 -10

HIGH -100 -15

When a door inspector identi�es a particular de�ciency, points will be deducted from either the Code side or the Maintenance side. Please note that any score less than 100% is deemed to be non-compliant.

Example: Fire Door 1234:

1 Medium Severity Code De�ciency Found During Inspection: Loss of 50 LSS Door Score™ Points

1 High Severity Maintenance De�ciency Found During Inspection: Loss of 15 LSS Door Score™ Points

LSS DOOR SCORE™ Calculation for Fire Door 1234:

Code Score: 100 Base Points – 50 points deduction from inspections = 50% Code Score

Maintenance Score: 100 Base Points – 15 points deduction from inspection = 85% Maintenance Score

LSS DOOR SCORE™ Code Score (50%) + Maintenance Score (85%) = 135%/2 = 67.5% LSS DOOR SCORE™

Each door inspected will receive its own LSS DOOR SCORE™

LSS DOOR SCORE™ DISCLAIMER

While Life Safety Services, LLC’s (“LSS”) inspection of �re and smoke doors is conducted in accordance with the National Fire Protection Association’s (“NFPA”) standard inspection procedures, the method of compiling the LSS Door Score™ is arbitrary and determined by LSS without regard to any code or regulations.

The LSS Door Score™ is meant to determine existing features which are presently compliant or non-compliant with applicable code requirements and maintenance issues which if not corrected may result in such non-compliant features. Any items identi�ed as “non-compliant” in the inspection report may in fact constitute violations of applicable code and regulations regardless of the numerical value of the LSS Door Score™ and because of such violations, subsequent inspections by other entities (for example, the Joint Commission or client’s insurance carrier) may �nd such �re and smoke doors non-compliant with applicable requirements.

TERMS AND CONDITIONS

1. Permits. If a permit is required for any Services performed by LSS, it is the sole responsibility of the Customer to secure the permit. Customer agrees to hold LSS harmless from and against any loss or damages (including attorney’s fees) (“Damages”) incurred by LSS as a result of Customer’s failure to obtain any such permits.

2. Codes and Regulations. The Customer must make LSS aware of any codes or regulations in place by any authority, including without limitation government and accreditation authorities, having jurisdiction over Customer or its facilities that could impact the Services provided by LSS hereunder (“AHJ”) (such as the Joint Commission on Accreditation of Health Care Organizations, the Customer’s local �re protection agencies, and the Customer’s insurance company). Customer agrees to hold LSS harmless from and against any Damages incurred by LSS as a result of any variances from any AHJ requirements if not informed of such requirements by the Customer.

3. Complete Agreement. This Proposal constitutes the complete agreement between Customer and LSS and supersedes any and all prior or contemporaneous negotiations or agreements with respect to the subject matter hereof, and may not be otherwise deemed modi�ed or amended except in a writing signed by the parties hereto.

Without limiting the generality of the foregoing, no additional, different or contradictory provisions contained in Customer’s purchase order or other forms shall be construed to amend or otherwise modify the terms of this Proposal, or otherwise accepted in writing by LSS, and such additional, different and contradictory terms are hereby rejected.

4. Con�dential Information. This Proposal represents con�dential information of LSS (“Con�dential Information”). The Con�dential Information will remain the exclusive property of LSS and will only be used by the Customer for the purpose of evaluating the Proposal. The Customer will not use the Con�dential Information for any purpose which might be directly or indirectly detrimental to LSS or any of its af�liates or subsidiaries. The obligations to ensure and protect the con�dentiality of the Con�dential Information imposed on the Customer in this Proposal will survive the expiration or termination of this Proposal.

5. Non-Solicitation. Customer acknowledges the signi�cant economic interest LSS has in retaining its employees in terms of the costs associated with training new employees and the potential loss of con�dential information, therefore, during the term of this Agreement and for two years thereafter, Customer, on its own behalf or in the service or on behalf of others, shall not induce any of�cer, director, or employee to leave LSS. Customer further acknowledges that money damages would not be suf�cient remedy for breaching this provision of the Agreement, therefore LSS shall be entitled to injunctive relief, should Customer breach this provision of the Agreement.

6. Cancellation Policy.

(a) LSS will invoice Customer a �fteen percent (15%) cancellation fee if a Proposal has been signed by Customer or a purchase order has been issued by the Customer. If Customer cancels the Services within (3) business days of the scheduled service date a 25% or $1,500 fee will be invoiced, whichever is greater.

(b) In the event the Services have been cancelled by the Customer and LSS has ordered speci�c materials to perform the Services, a �ve-percent (5%) restocking fee will apply in addition to the cancellation fee.

(c) If there are supplies that are unable to be restocked due to being speci�cally made for the Services, then the Customer will be charged for the actual cost of the supplies, including shipping and tax, in addition to the cancellation fee.

7. Rescheduling Policy.

(a) If the Services have been scheduled, the Customer must provide LSS a minimum of three (3) business days’ notice for the Services to be rescheduled.

(b) If Customer fails to provide LSS with three (3) business days’ notice, a ten-percent (10%) or $750 rescheduling fee will be invoiced, whichever is greater.

8. Fuel Surcharge. A fuel surcharge totaling 3% of the Customer’s invoice amount will be added for each 50 cent ($0.50) increment that fuel (gasoline) rises above $4.00 per gallon (monthly average). Fuel pricing information will be obtained from AAA’s fuel gauge report (http://fuelgaugereport.aaa.com) monthly national average price per gallon for the last day of the previous month. For example, if an invoice is for $100.00 and the national monthly average for the last day of the previous month is $4.35/per gallon a 3% surcharge would be added to the invoice creating a new invoice total of $103.00. If the monthly average for the last day of the previous month was $4.76/gallon the new invoice total would be $106.00.

9. Insurance. Price is valid for the current insurance held by LSS; current certi�cate of insurance with coverage(s) and limits is available to Customer upon request. Price excludes LSS providing any bonds.

10. High Reach Equipment. Pricing excludes the use/rental of scaffolding, any type of lift, or extension ladders. All pricing is based on work being performed from a 6’ ladder. Additional high-reach equipment can be rented at an additional charge.

11. Reimbursable Expenses. The �nal invoice will include all parking fees, badging fees, background check fees, security escorts, shipping fees, or any other fees speci�c to working at Customer’s facility. If special supplies are required to perform the Services (e.g. job speci�c labels), the cost of those supplies will be included in the �nal invoice.

12. Wage Rates. Price is based on LSS using its standard wage rates to perform the

Services. If LSS is required to pay wage rates higher than its standard wage rates, the price will be increased.

13. Working Hours. Price is only valid if LSS technician(s) are allowed to work a minimum of eight (8) hours per day during the course of performing the Services. If fewer hours are made available LSS reserves the right to adjust pricing to accommodate for the lost production time. Price is based on ability to work nights and weekends. The price will not change for night and weekend work.

14. Warranty.

(a) LSS warrants to Customer that LSS’s Repair Services and Installation Services shall be free from defects in materials and workmanship (regular wear and tear or negligence by Customer or a third party excluded) for a period of one (1) year from the date of completion of such services. To the extent that the Services include Damper Repair Services, LSS further warrants to Customer that each actuator and damper repaired is operable as of the date of its installation or repair by LSS. To the extent that the Services include Fire Stop System Installation Services, LSS further warrants to Customer that each �re stop system will be operable as of the date of its installation. To the extent that the Services include Fire and Smoke Damper Inspections, Fire Door Inspections, or Fire Barrier Inspections the purposes of the Service is solely to describe the location and operability of the devices/barrier as of the date of inspection and not intended to constitute a warranty as to the continued operation of any damper, door, or �re/smoke wall or barrier.

(b) In the event of a breach of LSS’s warranties set forth in Section 13(a), LSS shall, following written notice thereof from Customer, at Customer’s option, correct such breach or refund the portion of the purchase price attributable to such failure. The foregoing constitutes Customer’s sole remedy and LSS’s sole liability in the event of a breach of LSS’s warranty.

(c) Notwithstanding any other provision of this Proposal to the contrary, except for the warranties set forth in section 13(a), LSS makes no other express warranties and hereby disclaims all implied warranties of any kind whatsoever including without limitation any implied warranty of merchantability or �tness for a particular purpose or compliance with any law, regulation, speci�cation or contract.

(d) Notwithstanding any other provision of this Proposal to the contrary, in no event shall LSS be liable for any indirect, incidental, special or consequential damages of any nature whatsoever, including without limitation lost pro�ts.

15. Credit Application. LSS reserves the right to delay commencement of work until Customer submits and LSS approves Customer’s credit application.

16. Payment Terms. Progress invoices will be issued monthly, with the balance due Net 30 days from date thereof. In the event Customer fails to pay any progress payment due hereunder, LSS may immediately cease work without breach pending payment or resolution of dispute. Past due invoices will accrue interest at a rate of 18% per annum.

17. Termination. LSS may terminate this Agreement at any time after forty-eight (48) hours written notice to Customer, due to Customer’s failure to pay any monies due.

Customer shall be liable for payment of the full price contained in the Proposal plus the cost of collection and attorney fees.

18. Delay. The date for commencement of the Services shall be established by mutual consent between LSS and the Customer. LSS shall not be liable for any delay due to circumstances beyond its control and Delays caused by the Customer may result in additional costs to the Customer. This shall include, but not be limited to, delays caused by the Customer’s failure to provide any of the following: (a) Life Safety Drawings, (b) Timely access to all areas (c) Informed, available facility escort (d) Correct Keys

19. Independent Contractor. LSS is an independent contractor and not an employee of the Customer.

20. Limitation of Liability. It is understood and agreed that in no event shall LSS be liable to the Customer or any other party for any indirect, consequential, special, punitive damages or lost pro�ts resulting from the Services provided herein.

21. Changes. Any changes to this Proposal must be in writing and signed by both LSS and Customer Representative.

22. Severability. Customer and LSS agree that if any of the terms and conditions contained herein shall be held invalid, all remaining terms and conditions shall remain in full force and effect.

23. Complete Agreement. The full agreement of the parties is expressed herein and no understandings, agreements, purchase orders, or other documents shall modify this agreement unless expressly agreed to, in writing, by both parties.

24. Sales Tax. If sales tax is applicable, the cost of the sales tax will be the responsibility of the Customer.

25. Accessibility: LSS will only accept a master key from Customer if Customer has a policy in place to require the LSS technician performing the Services to exchange their current government issued identi�cation card for the facilities master key and enforces said policy. LSS assumes no responsibility for re-keying a facility.