Fire Extinguisher Clause in Lease Agreement - PDF

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					          West Virginia Parkways Economic Development and Tourism Authority



                                     REQUEST FOR QUOTATIONS


The West Virginia Parkways, Economic Development and Tourism Authority will receive sealed
proposals for the following:

FIRE EXTINGUISHER SERVICE, HOOD SUPPRESSION SYSTEMS INSPECTION, ALARM SYSTEM
      INSPECTIONS, SPRINKLER SYSTEM INSPECTION & EXHAUST HOOD CLEANING

Proposals will be received at the office of the WV Parkways, Economic Development and Tourism
Authority, Administration Building, 3310 Piedmont Rd., Charleston, WV until 2PM on Thursday,
March 27, 2008. If proposals are mailed via the U. S. Postal Service regular mail, they must be
addressed to the WV Parkways, Economic Development and Tourism Authority, P. O. Box 1469,
Charleston, WV 25325. This mail is picked up by the Authority once a day between 7:00 and 8:00 a.m.
However, Drop-Off, Express Mail One Day Service, Federal Express, United Parcel Service (UPS), etc.
must be delivered / sent to the WV Parkways, Economic Development and Tourism Authority, 3310
Piedmont Rd., Charleston, WV 25306.

It shall be the bidders' responsibility to determine their method of transmittal such that their bids will
arrive in the Authority's office at least 5 minutes prior to the scheduled bid opening. Proposals received in
the Authority's office after the scheduled opening will be returned to the bidder unopened. All proposals must
be in enclosed in a sealed envelope bearing the name and address of the bidder and must be marked “FIRE
EXTINGUISHERS. Fax bids will not be accepted.

Specifications are available at www.wvturnpike.com

The Parkways Authority reserves the right to reject any and/or all proposals. Prospective vendors are
responsible for all toll charges incurred while providing goods or services to the West Virginia Parkways
Authority.

                             The WVPEDTA is an Equal Opportunity Employer.
                                                        SPECIFICATIONS

FIRE EXTINGUISHER SERVICE, HOOD SUPPRESSION SYSTEMS INSPECTION, ALARM SYSTEM
      INSPECTIONS, SPRINKLER SYSTEM INSPECTION & EXHAUST HOOD CLEANING
All procedures shall be performed in full and complete conformance to OSHA and NFPA Regulations and Standards and shall be performed
by a party who has been CERTIFIED by the State of West Virginia Fire Marshall's Office.


1. Fire Extinguisher Service

The successful bidder will be responsible for the following services at approximately nineteen (19) locations on the WV Turnpike:

         •    Six Year Maintenance
         •    Hydrostatic Testing
         •    Recharge & Maintenance
         •    New Portable Fire Extinguishers & Parts
         •    Annual Inspections

Each extinguisher delivered shall be newly charged, ready for use and have an approved standard service tag meeting the specifications of the
Uniform Fire Code. The vendor shall pick-up fire extinguishers, which require hydrostatic testing, recharge or repair, and return them to the
agency in a usable and approved condition. All recharging and repairs must be performed using new materials and parts. All fire
extinguishers shall be clearly tagged showing the date the work was performed and the initials or signature of the person performing the
work. All extinguishers are to be clearly marked for their proper use and class or fire grouping for which they are approved. All fire
extinguishers found to be beyond repair are to be clearly marked as such and disposed of properly by the provider. Must supply proper
documentation of all inspections at the time the work is performed. The WV Parkways Authority will continue to do our monthly visual
inspections at all locations.

All fire extinguishers to be serviced are to be picked up and returned to the WV Parkways Authority Warehouse at 374 George Street,
Beckley, WV 25801 unless otherwise specified by a WV Parkways Authority representative. All new fire extinguishers and parts will be
delivered FOB destination.

The maximum time between pick-up and return SHALL NOT exceed ten (10) days. The number of fire extinguishers to be picked up at any
one time is to be determined by the Warehouse Personnel. The West Virginia Parkways Authority Warehouse Personnel will notify the
vendor when a pick-up is required.

Please note: As per the lease agreement between the operators and the WV Parkways Authority, the WV Parkways Authority is not
responsible for fire extinguishers located at the service stations and restaurants (except for Tamarack) on the WV Turnpike.


2. Semi-Annual Inspection of Hood Suppression System
Locations
Tamarack                                         Ansul R102                    Front Line & Main Kitchen DBL
Tamarack Conference Center                       Ansul R102 DBL                Kitchen
Beckley Travel Plaza                             Pyrochem PCL350               Tudors, Burger King (2) & Sbarro
Morton Travel Plaza                              Ansul R102 DBL                Tudors & Burger King (2)

    •    Provider must attach inspection report to invoice and note any problems.


3. Semi-Annual Inspections of Smoke & Fire Alarms (Includes Exit & Emergency Lighting)
Locations
Princeton Welcome Center
Bluestone Travel Plaza
Beckley South Maintenance
Beckley South Annex
Beckley West Heavy Equipment Mechanics
Beckley Travel Plaza
MP 69 Rest Area Snak Shack
Morton Travel Plaza
Administration Building- Charleston
Tamarack
Tamarack Conference Center

    •   Provider must attach inspection report to invoice and note any problems.


4. Quarterly Inspection of Sprinkler System & Annual Trip Test of Sprinkler System

Locations
Tamarack
Bluestone Travel Plaza
Beckley South Annex
Beckley Travel Plaza
Morton Travel Plaza

    •   Provider must attach inspection report to invoice and note any problems.

5. Semi-Annual or As Needed Exhaust Hood (5) Cleaning
Locations
Tamarack
Tamarack Conference Center

    •   The provider of hood cleaning services must cover all equipment beneath hoods (tarp or plastic) in order that said equipment is in
        no way harmed by water or chemicals used in hood cleaning. Provider must also clean up all spills, stains and debris as a result of
        hood cleaning.

    •   Provider must supply all equipment.

    •   Roof Top Mounted Fan Units - Must be scraped out and cleaned with degreaser and all debris removed from unit

    •   Duct Work – All duct work related to hoods must be scraped and thoroughly cleaned each time cleaning is performed.

    •   Stainless Steel Hoods – All hoods are to be thoroughly cleaned, including grease pans, troughs and drains down to the floor
        surface. All hoods are to be wiped down prior to completion of service in order that kitchen can open for business at its appointed
        time.

    •   Provider must inspect hoods and make note of any problems and attach to invoice.

    •   Provider to supply decal showing the date of cleaning and post to each hood.

    •   Provider must complete this service after kitchen is closed.

Please note: As per the lease agreement between the operator and the WV Parkways Authority, the WV Parkways Authority is not
responsible for the cleaning of exhaust hoods in restaurants (except for Tamarack) located on the WV Turnpike.

Successful bidder shall be contacted by a representative from the WV Parkways Authority to schedule any of the above work and
inspections. The successful bidder will not at anytime enter any facility without being accompanied by WV Parkways Authority
representative.

    Warehouse Manager: Dave Compton 304-256-6680

    Designated Contract Administrator: Cheryl Porterfield 304-256-6685

    Tamarack - Hood Suppression Inspection & Exhaust Hood Cleaning (Only): Bruce Pack 304-256-6843
                                         GENERAL TERMS AND CONDITIONS

The WV Parkways Authority will consider multiple providers for this contract, however, the Authority reserves the right to
award the contract to only one provider or make no award if it is in the best interest of the Authority.

CONTRACT PERIOD: The length of this contract shall be for one (1) year.

RENEWAL: This contract has an optional Renewal Clause for two, one-year renewal periods. The Renewal Clause may be
exercised only upon mutual agreement of both the Parkways Authority and the Vendor. Sixty (60) days prior to expiration of
the original contact period, the Vendor shall notify the WV Parkways Authority in writing of their wishes to renew said
contract.

PRICE ADJUSTMENT: Prices shall remain firm for the initial length of the contract. After the initial contract period, if the
contract is renewed or extended, contract prices may be adjusted upward. A request for upward price adjustment shall include
acceptable documentation to justify the increase.

INVOICES: Vendor invoices must be itemized; detailing services performed per location and must include a copy of all
signed inspection reports. If these reports are not provided with the invoices, payment will not be made. Include
contract/order number on each invoice to expedite payment.

WARRANTY: The Provider/Seller expressly warrants that the goods and/or services covered by this contract will: (1)
conform to the specifications, samples, or other description furnished or specified by the agency; (2) be fit for the purpose
intended; and/or (3) be free from defect in material and workmanship.

REASSIGNMENT: Neither this contract nor any monies due may be reassigned by the Provider/Seller without the agency’s
written consent.

COMPLIANCE: Provider/Seller shall comply with all Federal, State and local laws, regulations and ordinances including, but
not limited to, the prevailing wage rates of the WV Division of Labor.

CANCELLATION: Parkways’ Director of Procurement & Contract Administration may cancel any Purchase Order/Contract
upon 30 days written notice to the Provider/Seller.

TAXES: The State of West Virginia, WV Parkways Authority is exempt from Federal and State taxes and will not pay or
reimburse such taxes.

BANKRUPTCY: In the event the Provider/Seller files for bankruptcy protection, the contract is automatically null and void,
and will be terminated without further order.

LIABILITY INSURANCE: Provider must provide proof of liability insurance and upon contract award, name the
Parkways Authority as an additional insured.

INSPECTION OF RECORDS: Records must be made available for inspection by the Parkways Authority during business
hours during the contract period, including contract extension time periods and must be available for three (3) years following
the contract expiration.

ACCEPTANCE: SIGNATURE OF BID RESPONSE WILL SIGNIFY ACCEPTANCE TO ALL CONTRACT TERMS,
CONDITIONS AND BID SCHEDULE ITEMS.
                                          STATE OF WEST VIRGINIA
                                          PURCHASING AFFIDAVIT
West Virginia Code §5A-3-10a states: No contract or renewal of any contract may be awarded by the state or any
of its political subdivisions to any vendor or prospective vendor when the vendor or prospective vendor or a related
party to the vendor or prospective vendor is a debtor and the debt owed is an amount greater than one thousand
dollars in the aggregate

DEFINITIONS:
“Debt” means any assessment, premium, penalty, fine, tax or other amount of money owed to the state or any of its
political subdivisions because of a judgment, fine, permit violation, license assessment, defaulted workers’
compensation premium, penalty or other assessment presently delinquent or due and required to be paid to the
state or any of its political subdivisions, including any interest or additional penalties accrued
thereon.

“Debtor” means any individual, corporation, partnership, association, limited liability company or any other form or
business association owing a debt to the state or any of its political subdivisions. “Political subdivision” means any
county commission; municipality; county board of education; any instrumentality established by a county or
municipality; any separate corporation or instrumentality established by one or more counties or municipalities, as
permitted by law; or any public body charged by law with the performance of a government function or whose
jurisdiction is coextensive with one or more counties or municipalities. “Related party” means a party, whether an
individual, corporation, partnership, association, limited liability company or any other form or business association
or other entity whatsoever, related to any vendor by blood, marriage, ownership or contract through which the party
has a relationship of ownership or other interest with the vendor so that the party will actually or by effect receive or
control a portion of the benefit, profit or other consideration from performance of a vendor contract with the party
receiving an amount that meets or exceed five percent of the total contract amount.

EXCEPTION: The prohibition of this section does not apply where a vendor has contested any tax administered
pursuant to chapter eleven of this code, workers’ compensation premium, permit fee or environmental fee or
assessment and the matter has not become final or where the vendor has entered into a payment plan or
agreement and the vendor is not in default of any of the provisions of such plan or agreement.

LICENSING: Vendors must be licensed and in good standing in accordance with any and all state and local laws
and requirements by any state or local agency of West Virginia, including, but not limited to, the West Virginia
Secretary of State’s Office, the West Virginia Tax Department, West Virginia Insurance Commission, or any other
state agencies or political subdivision. Furthermore, the vendor must provide all necessary releases to obtain
information to enable the Director or spending unit to verify that the vendor is licensed and in good standing with
the above entities.

CONFIDENTIALITY: The vendor agrees that he or she will not disclose to anyone, directly or indirectly, any such
personally identifiable information or other confidential information gained from the agency, unless the individual
who is the subject of the information consents to the disclosure in writing or the disclosure is made pursuant to the
agency’s policies, procedures and rules. Vendors should visit www.state.wv.us/admin/purchase/privacy for the
Notice of Agency Confidentiality Policies.

Under penalty of law for false swearing (West Virginia Code, §61-5-3), it is hereby certified that the vendor
acknowledges the information in this said affidavit and are in compliance with the requirements as stated.

Vendor’s Name: ___________________________Authorized Signature:___________________________

Date: ___________________________
Purchasing Affidavit (Revised 06/15/07)
                                         STATE OF WEST VIRGINIA
                                     VENDOR PREFERENCE CERTIFICATE

Certification and application* is hereby made for Preference in accordance with West Virginia Code, §5A-3-37. (Does not apply
to construction contracts).

West Virginia Code, §5A-3-37, provides an opportunity for qualifying vendors to request (at the time of bid) preference for their
residency status. Such preference is an evaluation method only and will be applied only to the cost bid in accordance with the
West Virginia Code. This certificate for application is to be used to request such preference. The Purchasing Division will make
the determination of the Resident Vendor Preference, if applicable.

A. Application is made for 2.5% preference for the reason checked:
____ Bidder is an individual resident vendor and has resided continuously in West Virginia for four (4) years immediately
preceding the date of this certification;
or
____ Bidder is a partnership, association or corporation resident vendor and has maintained its headquarters or principal place
of business continuously in West Virginia for four (4) years immediately preceding the date of this certification; or 80% of the
ownership interest of Bidder is held by another individual, partnership, association or corporation resident vendor who has
maintained its headquarters or principal place of business continuously in West Virginia for four (4) years immediately preceding
the date of this certification;
or
____ Bidder is a nonresident vendor which has an affiliate or subsidiary which employs a minimum of one hundred state
residents and which has maintained its headquarters or principal place of business within West Virginia continuously for the four
(4) years immediately preceding the date of this certification.

B. Application is made for 2.5% preference for the reason checked:
____ Bidder is a resident vendor who certifies that, during the life of the contract, on average at least 75% of the employees
working on the project being bid are residents of West Virginia who have resided in the state continuously for the two years
immediately preceding submission of this bid;
or
____ Bidder is a nonresident vendor employing a minimum of one hundred state residents or is a nonresident vendor with an
affiliate or subsidiary which maintains its headquarters or principal place of business within West Virginia employing a minimum
of one hundred state residents who certifies that, during the life of the contract, on average at least 75% of the employees or
Bidder’s affiliate’s or subsidiary’s employees are residents of West Virginia who have
resided in the state continuously for the two years immediately preceding submission of this bid.

Bidder understands if the Secretary of Tax & Revenue determines that a Bidder receiving preference has failed to continue to
meet the requirements for such preference, the Secretary may order the Director of Purchasing to: (a) rescind the contract or
purchase order issued; or (b) assess a penalty against such Bidder in an amount not to exceed 5% of the bid amount and that
such penalty will be paid to the contracting agency or deducted from any unpaid balance on the contract or purchase order.

By submission of this certificate, Bidder agrees to disclose any reasonably requested information to the Purchasing Division and
authorizes the Department of Tax & Revenue to disclose to the Director of Purchasing appropriate information verifying that
Bidder has paid the required business taxes, provided that such information does not contain the amounts of taxes paid nor any
other information deemed by the Tax Commissioner to be confidential.

Under penalty of law for false swearing (West Virginia Code, §61-5-3), Bidder hereby certifies that this certificate is true
and accurate in all respects; and that if a contract is issued to Bidder and if anything contained within this certificate
changes during the term of the contract, Bidder will notify the Purchasing Division in writing immediately.

Bidder: _______________________________________ Signed: ______________________________________

Date: _________________________________________ Title: ________________________________________
*Check any combination of preference consideration(s) in either “A” or “B”, or both “A” and “B” which you are entitled to receive.
You may request up to the maximum of 5% preference for both “A” and “B”.
                                       BID SUBMISSION PAGE

 FIRE EXTINGUISHER SERVICE, HOOD SUPPRESSION SYSTEMS INSPECTION, ALARM SYSTEM
     INSPECTIONS, SPRINKLER SYSTEM INSPECTIONS AND EXHAUST HOOD CLEANING

1)   Fire Extinguiser Service Portable Extinguisher          Recharge/Per Lb.
     Portable Dry Chemical ABC-BC
     CO-2 (Includes weighing)
     Halotron


                                                                   Each
     Annual Fire Extinguisher Inspection


     Six-Year Maintenance                                    Inspection Per Lb.
     Hand Portable Fire Extinguisher


     Hydrostatic Cylinder Testing                                  Each
     Dry Chem
     Co2 & Nitrogen


     New Portable Fire Extinguishers                               Each
     Portable Dry Chemical ABC-BC
                                             Manufacturer
     2.5 Lb
     5 Lb
     10 Lb
     20 Lb


     CO-2                                                          Each
     5 Lb
     10 Lb
     15 Lb
     20 Lb

     Halotron                                                      Each
     2.5 Lb
     5 Lb
     10 Lb
     15 Lb
                                                1
                                        BID SUBMISSION PAGE


1A) Parts                                                                         Each
    Wall Brackets

      HD Vehicle Brackets
      Gauges
      Hoses
      O'Rings
      Push Pull Pins



2)    Hood Suppression System                                        Semi-Annual Inspection/Each




3)    Alarm Systems (to include exit emergency lighting)             Semi-Annual Inspection/Each




4)    Sprinkler System                                                 Quarterly Inspection/Each




4A)   Trip Test of Sprinkler Systems                                    Annual Inspection/Each




5)    Exhaust Hood Cleaning                                                       Each




                                                                                Per Hour
6)    Hourly Labor Rate - Repair work which is beyond the
      scope of the inspection, test & maintenance contract.



      The owner reserves the right to solicit quotations from other contractors and award additional
      work if in the best interest of owner.

      Please note exceptions (if any) on separate page.

      All questions must be submitted in writing. You may fax or email your questions
      to Shelley Clay, sclay@wvturnpike.com or Etta Keeney ekeeney@wvturnpike.com - Fax 304-
      926-1909


                                                   2
SUBMITTED BY:

COMPANY         ________________________________


ADDRESS         ________________________________


                ________________________________


PHONE           ________________________________


FAX             ________________________________


EMAIL ADDRESS: ___________________________


NAME            ________________________________


SIGNATURE ________________________________


VENDOR REGISTRATION NO.__________________________
PRIOR TO AWARD, SUCCESSFUL BIDDER MUST PROVIDE THEIR VENDOR REGISTRATION NUMBER THAT IS OBTAINED
THROUGH THE WV DEPARTMENT OF ADMINISTRATION, VENDOR REGISTRATION UNIT, WITHIN 10 CALENDAR DAYS OF
NOTICE OF AWARD. FAILURE TO PROVIDE SUCH INFORMATION MAY BE TERMS FOR DISQUALIFICATION.




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