OR - Two Rivers Correctional Institution - Damper Inspection Quote - 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

OR - SMOKE & FIRE DAMPER

INSPECTION

PROPOSAL - 2021

GSA Contract # GS-21F-0056X

Dec 14, 2021 Two Rivers Correctional Institution

5.28.20/REV 6.0 | Damper Inspection

FIRE AND SMOKE DAMPER 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 5 of this Proposal, except as otherwise speci�cally provided in such Sections of this Proposal, LSS is not being retained to provide any repairs or any other services with respect to the dampers inspected by LSS. The purpose of the Report described in Section 5 and to be delivered by LSS is to document dampers as of the date of such Report, and is not intended to constitute a warranty as to the continued operation of any damper.

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 dampers (collectively, “Inspection Services” reference NFPA 105 2010 and NFPA 80

2010):

a. Use its commercially reasonable efforts to locate and, once located, operate (i.e., actuate) dampers in the Customer’s facility or otherwise identify inoperable dampers;

b. Remove and reset fusible links on �re dampers, to verify such �re damper fully closes and if necessary, replace any model A and model B lead fusible link that is compromised (per National Fire Protection Association Code);

c. Clear each damper of any non-adhered to debris that would impede such damper’s normal operation;

d. Coordinate with Customer’s representative and local �re department to place Customer’s �re alarm system in “test mode” if necessary to conduct inspection of the smoke and/or combination dampers;

e. Manually activate actuators on electric and pneumatic smoke and/or combination dampers to verify proper operation of such damper;

f. If there is no existing access to a Damper, then proper size access doors, as reasonably determined by LSS, will be installed to facilitate inspection; NOTE: Customer must approve installation of access doors and associated cost of installation.

g. Identify on Customer’s Life Safety Drawings the location of each damper, along with placement by LSS of identi�cation stickers on ceilings or other location to assist in locating such dampers following inspection. AutoCAD available at an additional cost of $4/damper. NOTE: Customer to provide corresponding electronic Life Safety document (DWG or PDF).

h. This Proposal is only for containment dampers (e.g. �re and smoke dampers). If evacuation and/or purge dampers are required for inspection, Customer must provide personnel to activate the smoke control/alarm at the panel.

3. ADDITIONAL 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 damper(s) “before” and “after” inspection, when applicable;

II. Online reporting. Client reports will be made available online via LSS’s proprietary software – LSS Site Surveyor® at no additional charge to Customer. There will be a charge of $2 per page for a hard copy of the Report generated and mailed by LSS. Please note that the LSS Site Surveyor® software provides a PDF generator which provides Customer with access to hard copies to be printed by Customer at any time. Additionally, LSS Site Surveyor® allows the Report to be downloaded into Excel;

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 report in addition to LSS Site Surveyor® access;

II. Identify on Customer’s Life Safety Drawings the location of each damper in AutoCAD format, and provide customer with

�nalized drawings in electronic format; NOTE: Customer to provide corresponding electronic Life Safety document

(DWG or PDF)

III. Replacement of model A and model B fusible links on �re dampers (excludes bar and thermal links);

IV. Vacuum each damper of non-adhered to debris utilizing HEPA vacuums; and only on the accessible side of the damper

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.

4.2 Damper Accessibility. Commercially reasonable efforts should be made to provide LSS with accessibility to dampers. However, Customer acknowledges that LSS adheres to the following guidelines:

a. If a duct penetrating a �re/smoke wall is accessible, but has no access panel, LSS will cut and install an access panel, with

Customer’s approval, and carry out the Inspection Services as far as possible;

b. If the only access point is longer than an arm’s reach away from the damper, LSS will perform, when possible, a visual inspection to the limit allowable, including inspecting the frame for signs of kinking or twisting, looking for rust or build-up of any kind that may keep the damper from closing, and looking for obvious obstructions, such as wire or conduit running through the damper;

c. If a damper is completely occluded by layers of utilities and is totally inaccessible, record that fact;

d. If a damper is inaccessible, the damper will still be located, mapped on Customer’s Life Safety Drawings, labeled at its physical location, and included in the Report. The Damper will be included in the �nal damper count and re�ected on the �nal invoice.

For all work outlined in Sections 1-4, the customer is responsible for all MEP and heavy carpentry work, included but not necessarily limited to:

a. Movement of pipes

b. Movement of medical gas lines

c. Movement of conduit or any wiring

d. Movement of any HVAC equipment, including ductwork

e. Adjustment to air handler unit air�ow

f. Installation of access ceiling hatches in plaster ceilings

g. Concrete work as needed to facilitate damper installation, frame removal, or other items where �xed structure(s) limit access

h. LSS standards allow for uses of 6’ ladder. Higher ladders or high-reach equipment will be subject to additional charge

i. If it is determined that asbestos is present in the facility, the project will be subject to an additional charge

5. REPORT

BASIC SERVICE - 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. Listing of the location of each Damper

b. Each Damper’s number, and whether such Damper passed or failed;

c. If a damper failed, a detailed explanation of such failure shall be provided

STANDARD SERVICE - Upon conclusion 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 mailed by LSS. Please note that LSS Site Surveyor® software provides a PDF generator that provides Customer with access to hard copies to be printed by Customer at any time, as well as the ability to export the report to Excel. The Final Report will include:

a. Time and date stamped digital photographs of each damper “before” and “after” inspection;

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

I. Summary count of total dampers;

II. Percentages of top reasons for damper failures;

III. Total number of dampers by type (e.g. �re, smoke, combination);

IV. The number of dampers per �oor;

V. Percentage of dampers that passed and failed inspection.

c. Detailed damper Inventory, which will include:

I. Listing of the location of each damper;

II. Such damper’s number, and whether such damper passed or failed. If a damper failed, a detailed explanation of such failure shall be provided.

6. PRICE AND TERMS

6.1 Base Bid. The Base Bid for Inspection Services is as follows (does not include the cost of access door installation).

6.2 Minimum Charge. The invoice will re�ect at a minimum outlined in Section 8 of this Proposal.

6.3 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 dampers inspected times the per damper rate 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 pickup 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.

6.4 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.

6.5 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.

7. ADDITIONAL NOTES

This proposal encompasses damper inspection only for the Two Rivers Correctional Institute. No damper repairs are implied in this quote. Any de�ciencies found during this inspection will be detailed in the Damper Inspection Summary Report. A separate quote will be generated detailing labor and parts costs for repairing each de�ciency found. The facility has committed to facilitating access to all areas where inspections will be done including escorts for security gates and secure areas, ladders and lifts for highly placed damper access, facility camera(s) for taking before and after pictures of dampers during inspection, and drawings for markup as needed.

This proposal has been modi�ed on January 10th, 2022 to re�ect the terms of GSA contract # GS-21F-0056X

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

Service Service Level Quantity Unit Rate Extended Total

Damper inspection Standard 300 $36.15 $10,845.00

Total $10,845.00

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 dampers. If additional units need to be inspected and LSS must go over the 300 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 damper over the base bid listed above will be $ per damper.

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

34.30

8.1 Access Door Installation.

The labor and material cost of access door installation will be:

a. Cam-Lock Door $105.00 / each

b. Round Sandwich Door $155.00 / each

The above access door prices are only valid if installed during the inspection.

8.2 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 LSS initiated Debit / 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 https://www.lifesafetyservices.com/leasing/

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)

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.