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OR - Siemens Nike - Beaverton, OR - 2022

BY DARNELL RAGLAND

DR
SU
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OR - SIEMENS NIKE - BEAVERTON, OR - 2022

1 of 1 document

Prepared for:
Sue Beck
Siemens - Jackson, MS
15201 NW Greembrier Parkway A-4, Beaverton, OR
97006
425.295.4835
sue.beck@siemens.com

Prepared by:
Darnell Ragland
702.460.5726
dragland@lifesafetyservices.com

Corporate Office:
908 S. 8th Street, Suite 500
Louisville, KY 40203

Ph: 888.675.4519
Fax: 502.964.1337
info@LifeSafetyServices.com
www.LifeSafetyServices.com

OR - SIEMENS DAMPER
INSPECTION PROPOSAL FOR NIKE BEAVERTON
OR - 2022

Apr 6, 2022

Siemens - Jackson, MS

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 Siemens - Jackson, MS (“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 specifically 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):
1. 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;
2. Remove and reset fusible links on fire dampers, to verify such fire 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);
3. Clear each damper of any non-adhered to debris that would impede such
damper’s normal operation;
4. Coordinate with Customer’s representative and local fire department to place
Customer’s fire alarm system in “test mode” if necessary to conduct
inspection of the smoke and/or combination dampers;
5. Manually activate actuators on electric and pneumatic smoke and/or
combination dampers to verify proper operation of such damper;
6. 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.
7. Identify on Customer’s Life Safety Drawings the location of each damper,
along with placement by LSS of identification stickers on ceilings or other
location to assist in locating such dampers following inspection. AutoCAD
available at an additional cost of $5/damper. NOTE: Customer to provide
corresponding electronic Life Safety document (DWG or PDF).
8. This Proposal is only for containment dampers (e.g. fire 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

1. Standard Level Service Agreements will include the Basic Inspection Services
described in Section 2 above, and;
1. Time and date stamped digital photographs of damper(s) “before” and
“after” inspection, when applicable;
2. 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 $5 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;

2. Premium Level Service Agreements will include Basic and Standard Level
Services described in Sections 2 and 3(a) above, and:
1. Free hard copy of report in addition to LSS Site Surveyor® access;
2. Identify on Customer’s Life Safety Drawings the location of each damper
in AutoCAD format, and provide customer with finalized drawings in
electronic format; NOTE: Customer to provide corresponding electronic
Life Safety document (DWG or PDF)
3. Replacement of model A and model B fusible links on fire dampers
(excludes bar and thermal links);
4. Vacuum each damper of non-adhered to debris utilizing HEPA vacuums; and
only on the accessible side of the damper

5.28.20/REV 6.0 | Damper Inspection

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:
1. If a duct penetrating a fire/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;
2. 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;
3. If a damper is completely occluded by layers of utilities and is totally
inaccessible, record that fact;
4. 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 final damper
count and reflected on the final 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:
1. Movement of pipes
2. Movement of medical gas lines
3. Movement of conduit or any wiring
4. Movement of any HVAC equipment, including ductwork
5. Adjustment to air handler unit airflow
6. Installation of access ceiling hatches in plaster ceilings
7. Concrete work as needed to facilitate damper installation, frame removal, or
other items where fixed structure(s) limit access
8. LSS standards allow for uses of 6’ ladder. Higher ladders or high-reach
equipment will be subject to additional charge
9. 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
1. Listing of the location of each Damper
2. Each Damper’s number, and whether such Damper passed or failed;
3. 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 $5/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:
1. Time and date stamped digital photographs of each damper “before” and
“after” inspection;
2. A summary of Inspection Services. The summary will include:
1. Summary count of total dampers;
2. Percentages of top reasons for damper failures;
3. Total number of dampers by type (e.g. fire, smoke, combination);
4. The number of dampers per floor;
5. Percentage of dampers that passed and failed inspection.

3. Detailed damper Inventory, which will include:
1. Listing of the location of each damper;
2. Such damper’s number, and whether such damper passed or failed. If a
damper failed, a detailed explanation of such failure shall be provided.

5.28.20/REV 6.0 | Damper Inspection

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 reflect at a minimum outlined in Section 8
of this Proposal.

6.3 Additional Charges.
1. 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.
2. In the event LSS’s technician(s) cannot work a scheduled day (weekends
included) a minimum charge of $950.00/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
$950.00 per scheduled technician, whichever is higher.
3. 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.
4. 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.
5. 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. Each day that a containment tent/unit is required there will be a charge of
$250/per day.

6.4 Daily Labor Charges.
1. LSS will bill Customer $950 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 reflecting 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

Standard Fire/Smoke Damper Inspection. quantity up to 532 dampers for al four
locations. Any damper quantity above that amount will be billed additional at
the per unit rate below. “Standard” Fire Damper Inspection includes time/date
stamped Open and Closed testing photographs, access to the Site Surveyor® Report
web portal and a hard copy damper report book, with damper testing photographs
for delivery to Siemens end-user . A PM will coordinate Damper Project.

SECTION 8: SCOPE OF WORK PRICING SUMMARY: FIRE AND SMOKE DAMPER INSPECTION

Service

Service Level

Quantity

Unit Rate

Extended Total

Damper inspection
LeBron James

Standard

155

$35.00

$5,425.00

Damper inspection
Dan Fouts

Standard

$35.00

$945.00

Damper inspection
Mia Hamm

Standard

145

$35.00

$5,075.00

Damper inspection
Serena Williams

Standard

225

$35.00

$7,875.00

Hard Copy Report

$0.00

AutoCAD

$0.00

PM
Hour 10

$750.00

Total

$20,070.00

1. 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.
1. The above price is a fixed price for the inspection of up to dampers. 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 damper over the base
bid listed above will be $ per damper.
2. Final invoice could be higher than the extended total contained in
Section 8 based on daily rates and other fees listed above.

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35

5.28.20/REV 6.0 | Damper Inspection

8.1 Access Door Installation.
The labor and material cost of access door installation will be:
1. Cam-Lock Door $110.00 / each
2. Round Sandwich Door $165.00 / 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 30
days. Payment may be made by Check or Credit Card. If work under this agreement
is tax exempt, customer must provide tax exempt certificate.

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

Siemens - Jackson, MS
By:
________________________________________________________________________________________________________
Name:
_____________________________________________________________________________________________________
(Authorized Signer)
Title:
______________________________________________________________________________________________________
PO#:
______________________________________________________________________________________________________

LSS LIFE SAFETY SERVICES®

By:
________________________________________________________________________________________________________
Name:
_____________________________________________________________________________________________________
Title:
______________________________________________________________________________________________________

Loading...
Signature

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MM / DD / YYYY

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04 / 06 / 2022

We offer financing and extended payment options that are flexible for you: click
here for further details.

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

GPO Affiliation: GPO ID:
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Please advise if a separate purchase order number is required if any fixed 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)
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MM / DD / YYYY

5.28.20/REV 6.0 | Damper Inspection

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 fire 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 modified 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. Confidential Information. This Proposal represents confidential information
of LSS (“Confidential Information”). The Confidential 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 Confidential
Information for any purpose which might be directly or indirectly detrimental to
LSS or any of its affiliates or subsidiaries. The obligations to ensure and
protect the confidentiality of the Confidential Information imposed on the
Customer in this Proposal will survive the expiration or termination of this
Proposal.
5. Non-Solicitation. Customer acknowledges the significant economic interest LSS
has in retaining its employees in terms of the costs associated with training
new employees and the potential loss of confidential 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
officer, director, or employee to leave LSS. Customer further acknowledges that
money damages would not be sufficient 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 fifteen 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 specific materials to perform the Services, a five-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
specifically 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 $950 rescheduling fee will be invoiced, whichever is
greater. If LSS mobilizes to the jobsite and the Customer request remobilization
upon arrival the Customer will be invoiced $2,500.00

8. 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.
9. Reimbursable Expenses. The final invoice will include all parking fees,
badging fees, background check fees, security escorts, shipping fees, or any
other fees specific to working at Customer’s facility. If special supplies are
required to perform the Services (e.g. job specific labels), the cost of those
supplies will be included in the final invoice
10. 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.

11. 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.
12. 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 fire
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 fire/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 fitness
for a particular purpose or compliance with any law, regulation, specification
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 profits.
13. Credit Application. LSS reserves the right to delay commencement of work
until Customer submits and LSS approves Customer’s credit application.
14. 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.
15. 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.
16. 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
17. Independent Contractor. LSS is an independent contractor and not an employee
of the Customer.
18. 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 profits resulting from the
Services provided herein.
19. Changes. Any changes to this Proposal must be in writing and signed by both
LSS and Customer Representative.
20. 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.
21. 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.
22. Sales Tax. If sales tax is applicable, the cost of the sales tax will be the
responsibility of the Customer.
23. 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 identification card for the facilities
master key and enforces said policy. LSS assumes no responsibility for re-keying
a facility.

5.28.20/REV 6.0 | Damper Inspection

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