FY2023-46 Fire And Smoke Damper Repairs At The Kodiak Fisheries Research Center With Remedi8 Dba Fire Door Solutions�j FireDoorSolutions
Compliance Made Easy
Contract FY2023-46
Fire and Smoke Rated Damper Repair Agreement
This Agreement dated April 18, 2023, by and between Fire Door Solutions LLC, 8245 Nieman Road, Lenexa, Kansas 66214
(hereinafter referred to as FDS) and Kodiak Island Borough, 710 Mill Bay Road Kodiak, AK 99615 (hereinafter referred to as
Client) (collectively hereafter referred to as the "Parties").
Work will be performed at Kodiak Fisheries Research Center - 301 Research Court Kodiak, AK 99615.
Statement of Services
Attn: Dave Conrad
The Parties agree on the following:
Fire Door Solutions LLC (FDS) will:
1. Provide repairs on non-compliant, fire and smoke rated dampers from the deficiency reports. If the non-compliant
dampers cannot be repaired, a listing of the dampers and the location will be provided.
2. Provide a report of all repairs completed.
3. Indicate on the Client Life Safety Plans the location and address of each fire damper.
4. Total price is a fixed fee of $43,780.19. Pricing includes materials required to perform the fire damper repairs, plus
any travel, accommodations or per diem expenses incurred as quoted. Upon completion of the initial repair project a
listing of the remaining repairs and the associated expense to perform the repairs will be provided.
S. Project Assumptions:
a. HEPA Infection Control Cart Required: Yes ❑ No ❑X
I . If YES, will Client be supplying the HEPA Cart? Yes ❑ No
b. Facility escort Required: Yes ❑ No ❑X
C. Facility will provide an electrician or panel -controlled actuators: Yes ® No ❑
6. There will be an additional charge of $55.00 for each damper that required additional testing while onsite.
7. Standby time (down time) over 15 minutes due to access issues, availability of client personnel, incorrect Life Safety
Plans, no Life Safety Plans, etc. that are out of FDS control will be invoiced at $120.00 per hour/man.
8. Pricing quoted above does not include sales tax. Sales tax will be charged on each service and product, where
applicable, unless Client provides a sales tax exemption certificate to FDS.
9. All prices and service estimates are based on validated life safety prints and are valid for forty-five (45) days.
10. Price is only valid if FDS' technicians(s) can work a minimum of eight (8) hours per day during the project. If less than
eight (8) hours a day are made available, FDS reserves the right to adjust pricing to accommodate for the lost
production time. Price is based on ability to work nights and weekends as needed. Project start date for the work set
forth in this Agreement shall be established by mutual consent of both Parties.
11. Any fees for parking, badging, background checks or fees specific to working at the Client facility will be assessed on
the final invoice. This will also include any special supplies that may be required for a project (e.g., job specific labels
or inventory systems).
8245 Nieman Road, Lenexa, Kansas 66214
FDS10112022
(� FireDoorSolutions
Compliance Made Easy
TERMS AND CONDITIONS
1. All work shall be completed in a professional manner. FDS is an independent contractor, not an employee of the Client.
2. Client warrants that it has the power and authority to enter into this Agreement. Client also acknowledges all information
provided is true, accurate and is not misleading. The Client agrees not to infringe the legal rights of others.
3. FDS shall provide services to the Client in accordance with the terms of this Agreement which is expressly incorporated into
any other agreements ratified by the Parties. In the event of any inconsistency between the terms of this Agreement and
the agreement, the terms of the agreement shall control. Any changes to this document must be in writing and signed by
both Parties. The full agreement of the Parties is expressed in this Agreement, no understandings or other documents shall
modify this Agreement unless expressly agreed to in writing and signed by both Parties.
4. This Agreement contains the Confidential Information of FDS ("Confidential Information"). Confidential Information will
remain the exclusive property of the FDS. The Client will not use Confidential Information to the detriment of the Service
Provider.
5. Insurance
a) Client understands that FDS is not an insurance provider and does not guarantee the Client against loss caused by
fire damage. The Parties agree that FDS does not and cannot warrant that the services will prevent loss in the event
of a fire. FDS's responsibility is solely limited to providing inspections and/or repair services.
b) FDS warrants that it is insured for injury or loss because of the acts of the FDS in the amount of $1,000,000 per
incident. The Client shall notify FDS promptly of any risk or safety issues at the Client facility or facilities.
c) It is understood that FDS shall not be liable for any damage more than the amount paid by the Client to FDS. Both
Parties to this Agreement shall each be solely responsible for its own acts and negligence unless otherwise
specifically stated in writing.
6. FDS is an Equal Opportunity Employer and does not discriminate based on race, creed, sex, age, marital status, or national
origin and complies with all pertinent laws.
7. Warranty
a) FDS warrants to the Client that FDS' inspection and repair/installation services shall be free from manufacturer
defects in materials for a period of one year and workmanship for a period of six months. FDS cannot warrant
against issues arising from device use, misuse, abuse, or neglect.
b) Notwithstanding any other provision of this proposal to the contrary, except for the warranties set forth above, FDS
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 Agreement.
c) Notwithstanding any other provision of this proposal to the contrary, in no event shall FDS be liable for any indirect,
incidental, special or consequential damages of any natures whatsoever, including without limitation lost profits. In
no event will FDS be liable to the Client for punitive damages or lost profits.
8. Wage Rates. Price is based on FDS using its standard wage rates on this project. In the event that FDS is required to pay
wages higher than the standard, the price may increase.
9. Administrative Requests. Any requests for additional administrative work beyond the agreed upon scope of service (report
revisions, binder requests, etc.) shall be invoiced at $80 per hour. An estimate of hours will be provided based on the scope
of work requested.
10. FDS shall not be required to perform any work relating to the removal or abatement of asbestos or polychlorinated
biphenyls (PCBs). If the Contractor encounters a hazardous material or substance or otherwise made known to FDS
including but not limited to asbestos or polychlorinated biphenyls (PCBs) FDS shall, upon recognizing the condition,
immediately stop work in the affected area and report the condition to the client.
8245 Nieman Road, Lenexa, Kansas 66214
FDS10112022
FireDoorSolutions
Compliance raa. eesr•
PAYMENT
1. The Client shall pay FDS the Agreement sum of $43,780.19. Any additional dampers identified, tested and inspected at a
rate of $55.00 per damper will be added to the final invoice.
2. Agreements over $20,000.00 require a twenty-five percent (25%) non-refundable deposit at scheduling, alternatively,
agreements that include damper replacements require a non-refundable deposit of fifty percent (50%) of the total
agreement payment due upon receipt.
3. The final invoice will include all parking fees, badging fees, background check fees or any other fees specific to working at
client's facility. If special supplies are required for a project (e.g., job specific labels or inventory systems) the cost of that
item(s) will be included in the final invoice. Payment for all services provided under this Agreement shall be due upon
Client's receipt of FDS's invoice for such services unless other terms are agreed upon.
4. Payment for all services provided under this Agreement shall be due upon Client's receipt of FDS's invoice for such services
unless other terms are agreed upon.
5. Payment shall be considered late if not paid within thirty (30) days of FDS's delivery of the invoice to Client or not paid by
the agreed upon payment term. All late invoices shall accrue a late fee up to 1.5% per month.
6. Client is responsible for payment of FDS's costs and attorney fees if FDS needs to retain an attorney for payment
collections. Client agrees to submit to the personal jurisdiction of the District Court of Johnson County, Kansas.
7. A cancellation fee of ten percent (10%) shall apply if an Agreement has been signed and/or purchase order has been issued
for the project by the client. Should FDS be deployed for the project and a cancellation is required/requested, a
cancellation fee of twenty percent (20%) will be applied as well as a service charge of $1,250.00 per technician. If materials
have been received by Client for the project a shipping/restocking fee may apply if returned.
8. Credit Card payments made on or after February 1, 2022, will incur a 3% processing fee (except CO & CT).
9. FDS reserves the right to progress bill on extended term projects.
10. Please provide:
Accounts Payable Contact: Karina Fernandez & Patricia Valerio
Accounts Payable Email: kfernandez@kodiakak.us & Pvalerio@kodiakak.us
Accounts Payable Phone: 907-486-9326 & 907-486-9341
Fire Door Solutions LLC
Unature
Aimee Williams ►o`
(Please print name)
Borough Manager Scott Richlin
Title
5/19/2023
Date
PO# (if applicable)
EVP of Sales
Fire Door Solutions LLC
Phone: 913-356-5991
Fax: 913-273-0554
Email: contracts@firedoorsolutions.com
8245 Nieman Road, Lenexa, Kansas 66214
FDS10112022
Kodiak Island Borough
J�
Assembly Newsletter
Vol. FY2023, No. 35 May 19, 2023
At Its Regular Meeting Of May 18, 2023, The Kodiak Island Borough Assembly Took The Following
Actions. An Assembly Special Meeting Is Scheduled On Thursday, May 25, 2023, Which Will Be Followed
By A Work Session. The Next Regular Meeting Of The Borough Assembly Is Scheduled On June 1,
2023, At 6:30 P.M. In The Borough Assembly Chambers.
AUTHORIZED The Manager To Award Contract No. FY2019-10S Change Order #19 To Jensen, Yorba
Wall Inc. In The Amount Of $293,563 For The Providence Kodiak Island Medical Center And Kodiak
Community Health Center To Provide Space Analysis And Planning To Understand The Current And
Future State Of The Facilities
AUTHORIZED The Manager To Approve Contract No. FY2022-29, Change Order No. 5, Authorization
For Leachate Treatment Plant Pretreatment Facility Project With Dawson Construction, LLC. In An
Amount Not To Exceed $46,879.93
APPROVED Contract No. FY2023-46 Authorizing The Manager To Execute Fire And Smoke Damper
Repairs At The Kodiak Fisheries Research Center With Remedi8 Dba Fire Door Solutions In The Amount
Of $43,780.19
AUTHORIZED The Manager To Approve Reimbursement Of The Fire And Smoke Damper Repairs At
The Providence Kodiak Island Medical Center With Remedi8 DBA Fire Door Solutions In The Amount Of
$111,771.99
CONFIRMED The Mayoral Appointments Of Mr. Codi Allen To The Architectural/Engineering Review
Board For A Term To Expire December 31, 2023, And Mr. Daniel Rohrer For A Term To Expire December
31, 2025
CONFIRMED The Mayoral Appointment Of Mr. Travis Cooper To The Parks And Recreation Committee
For A Term To Expire December 31, 2024, And Ms. Tracy Chandler For A Term To Expire December
31, 2025
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