IFB-SB-155-24 HVAC Area 7.pdf

PROCUREMENT OFFICE

7450 FREIGHT WAY

MECHANICSVILLE, VA 23116

SEALED INVITATION FOR BIDS (IFB) FOR HVAC Services for Area 7

IFB NUMBER IFB-SB-155-24

TITLE HVAC Services for Virginia ABC Area 7 ISSUE DATE July 24, 2024 PAGE 1 OF 17

CONTRACT OFFICER Jennifer Mabie

EMAIL ADDRESS Jennifer.Mabie@virginiaabc.com

PHONE 804-213-4428 FAX N/A

SOLICITATION DUE

DATE

Sealed bids will be received until the date/time listed below for furnishing the goods/services described herein.

Date: August 21, 2024 Time: 1:00 PM (Eastern Standard Time, EST)

PERIOD OF

CONTRACT

10/1/2024 – 9/30/2025 with the option of four (4) subsequent one (1) year renewals.

SEALED BID

SUBMISSION

ELECTRONIC SUBMISSION ONLY – NO HAND DELIVERED OR EMAILED BIDS WILL BE ACCEPTED

Bids shall be submitted through eVA only.

SERVICE/DELIVERY

LOCATION

Please refer to Attachment C, page 14, for a complete list of the Virginia ABC Area 7 locations.

INQUIRIES All inquiries for information should be directed via email to the Contract Officer listed above. All inquiries must be received in writing on or before August 19, 2024, no later than 1:00 PM (EST).

TERMS &

CONDITIONS

This solicitation is subject to the provisions of Virginia ABC’s General Terms and Conditions and any changes or revisions thereto, which are hereby incorporated into this Invitation for Bids in their entirety. The attached Special Terms and Conditions shall also be a part of the solicitation.

In compliance with this Invitation For Bids (IFB) and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods/services required by this IFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete. Any resulting agreement shall be defined by a written contract, which shall be binding only when fully executed by both parties.

BIDDER INFORMATION:

Date: Virginia Contractor License # ☐ Not Required ☒ Required (enter #):

Name of Firm: DUNS #:

Address of Firm: City, State, Zip:

Email Address: Phone: Fax:

Is the firm eVA registered? ☐ No ☐ Yes (enter the eVA Vendor ID #):

Is the firm SWaM certified? ☐ No ☐ Yes (enter the DSBSD SWaM certification #):

Does the firm accept the Commonwealth’s Small Purchase Charge Card? ☐ Yes ☐ No

Signature:

Printed Name: Title:

Virginia Alcoholic Beverage Control Authority does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a Bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment.

mailto:Jennifer.Mabie@virginiaabc.com

IFB-SB-155-24 Page 2

TABLE OF CONTENTS

Section Page #

Background 3

Purpose 3

Definitions 3

Scope of Work 4

Bidder’s Instructions and Checklist 6

Method of Payment 6

Pricing Schedule 7

General Terms and Conditions 7

Special Terms and Conditions 7

Attachment A – Vendor Data Sheet 12

Attachment B – Subcontractor Approval Request 13

Attachment C – Store Addresses for Area 7 14

Attachment D – State Corporation Commission Form

Attachment E - Quarterly HVAC Preventative Maintenance Service Sheet

Attachment F - General Equipment Preventive Maintenance Guidelines

IFB-SB-155-24 Page 3

1. BACKGROUND:

The Virginia Alcoholic Beverage Control Authority (Virginia ABC) and its nearly 4,700 employees are proud to serve the Commonwealth of Virginia as an independent political subdivision and one of 11 public safety agencies working with the Secretariat of Public Safety and Homeland Security. The Authority administers ABC laws with an emphasis on public safety by ensuring an orderly and regulated system for convenient sales and responsible consumption of alcohol.

Virginia ABC is a leading revenue producer for the Commonwealth and a source of future economic growth and innovation for the State. The profits that Virginia ABC contributes – collected from sales of distilled spirits at Virginia ABC stores, taxes collected on beer and wine sales, violation penalties and license fees – provide much-needed funding for use in a multitude of State programs, thus benefiting all Virginians. Since its establishment in 1934, Virginia ABC has contributed $12 billion to the Commonwealth’s General Fund, which supports major education, health and transportation initiatives.

As one of 17 control states across the United States – where the state government manages the sale and distribution of distilled spirits at the wholesale level, Virginia ABC stores are the only retail outlets in Virginia where customers may purchase liquor.

Our Stores and Products: With more than 400 stores in convenient locations throughout the Commonwealth, Virginia ABC is dedicated to providing those ages 21 and older with an enjoyable, modern shopping environment. Considerable planning is involved in determining locations for new stores to ensure optimum customer service. Virginia ABC also strives to make sure that customers can easily obtain the spirits they want by being timely and nimble in response to market changes, product availability, and consumer desires.

Virginia ABC offers a wide selection of merchandise – including mixers, vermouth, and Virginia-made wines in addition to liquor – with more than 3967 items available in its product catalog. These products are stored in the 315,000-square-foot Virginia ABC warehouse – the size of about five and a half (5½) football fields – located in Hanover, VA. The warehouse daily receives and ships about 35,000 cases of distilled spirits for a total of more than 12.7 million last year. Virginia ABC stores receive weekly deliveries to restock items available for sale to customers of legal drinking age.

2. PURPOSE: The purpose of this Invitation for Bid (IFB) is to solicit bids from qualified bidders who are licensed HVAC (heating, ventilation, air conditioning) contractors to establish a time and materials contract for heating and air conditioning services, preventive maintenance services and new HVAC equipment (if requested) for the Virginia Alcoholic Beverage Control Authority (Virginia ABC) an Authority of the Commonwealth of Virginia. The area where work will be required is shown in Attachment C, page 14. We currently have 7 stores that need quarterly preventive maintenance and all stores in this area require a service call. These numbers could change without notice at any time.

3. DEFINITIONS:

BIDDER: The term “Bidder” as referenced in this solicitation refers to the individual or firm preparing and submitting a bid in response to this Invitation for Bids.

CONTRACTOR: The term “Contractor” refers to an individual or firm that has entered into an agreement to provide goods or services to Virginia ABC. In addition, it also refers to a firm who, when awarded the contract, will be responsible for the goods or services required as a result of this solicitation.

TERMINOLOGY: The terms “must”, “shall”, “should”, and “may” are used to identify the criticality of the requirements.

“Must” and “shall” identify requirements whose absence will have a major negative impact on the suitability of the Contractor to provide required goods or services. Items labeled as “should” are highly desirable, although their absence will not have as large an impact. Items labeled “may” will be useful but are not necessary.

IFB-SB-155-24 Page 4

4. SCOPE OF WORK:

A. Requirements:

The Contractor shall furnish Preventative Maintenance Service for HVAC related equipment and supplies

(including all necessary parts, labor, supervision, materials, equipment and permits, if applicable) and "on-call" repair services on all heating, ventilation, and air conditioning (HVAC) equipment for Virginia ABC Area 7.

Preventive maintenance shall include all adjustments and servicing required to maintain systems and equipment in good operating condition, in accordance with the manufacturer's specifications and Attachment F, titled "General Equipment Preventive Maintenance Guidelines". The Contractor shall deliver to the Owner all copies of warranty certificates, maintenance manuals, and other pertinent data as it relates to replaced parts and equipment. Travel charges cannot exceed 1.5 hours to the job site for service calls or preventive maintenance for any location outside of Roanoke. Any travel time that exceeds 1.5 hours will not be allowed. Materials shall be provided at the Contractor’s actual invoiced cost. Additional charges are not allowed. For the list of current stores in area 7 please see Attachment C, titled “Store Addresses for Area 7”.

The Authority shall occasionally require new HVAC units to be furnished and installed. Upon request from Virginia ABC, the Contractor shall provide a quote for such units. If the Virginia ABC Contract Administrator accepts and approves the quote, the purchase and installation shall be incorporated into the contract.

B. Preventive Maintenance Service:

1. Contractor shall be prepared to begin preventive maintenance service on HVAC equipment within ten (10) days of the award of the contract. The Authority will provide the Contractor with a prioritized list of stores and/or regional offices requiring preventive maintenance. Not all stores in each geographic area require preventive maintenance. The Contractor shall provide a schedule for servicing the location. The Contractor shall use the service list described in Attachment C as the starting point for the stores that require preventive maintenance. Seasonal changeover service shall be performed when appropriate and/or as requested by Virginia ABC. The Virginia ABC designee for Preventive Maintenance will be determined at a later date.

2. Upon completion of the initial service of the HVAC equipment, Contractor shall submit the Authority with a written report, Attachment E. This report shall identify the address and or store number, the date(s) service was performed and the following additional information on each piece of HVAC equipment:

a. The manufacturer, model, and serial number.

b. A detailed description of the equipment's condition, including any signs of previous repairs or maintenance, and an estimated age.

c. Specific recommendations for any major repair or modification which will enhance the operation of this equipment.

d. An estimate of the cost to accomplish the work recommended in section C.

e. A list of service items to include filter type, size, and number; drive belt size, type and number; any other information related to servicing the equipment.

C. Service Calls

1. The Contractor shall provide an on-call service upon request of the Virginia ABC. Service calls can only be placed by a Virginia ABC representative from the Facilities Management division. Representative will be determined at a later date.

2. A 24-hour on-call service is required along with a mechanical dispatch within a four (4) hour request of service calls. All work must be completed within a 24-hour period unless otherwise approved by the

IFB-SB-155-24 Page 5

Authority. The Authority reserves the right to ask for an estimate prior to approval of any work done under this contract. The Contractor shall request prior approval from Facilities Management division for service calls over $500.00. The Contractor has approval for repairs under $500.00 unless the Authority has requested an estimate only. Repairs that cannot be completed within the required time frame must be approved in advance by Virginia ABC. The Authority reserves the right to terminate the repair job with the contract vendor and reassign the job to another contract vendor if the required time frame cannot be met.

3. The Contractor must provide a clear and legible copy of the work order (Attachment E) detailing all work performed. The work order should include the date and time of each employee's arrival and departure from the facility, along with copies of material costs. A signed statement from the Contractor's representative confirming completion of work should be included in the work order. Copies of the completed work order must accompany invoices for payment. Upon completion of work, the Contractor should contact Virginia ABC's Facilities Management Division.

D. Major Repairs:

1. Repairs which are not due to the Contractor's improper performance or failure to perform preventive maintenance shall be completed on a time and materials basis. Travel charges cannot exceed 1.5 hours to the job site for service calls or preventive maintenance for any location outside of Roanoke. Any travel time that exceeds 1.5 hours will not be allowed.

2. Repairs which are estimated to cost more than $500.00 in parts and labor shall require the Contractor to submit a written estimate of the cost to accomplish these repairs to the Facilities Maintenance Division for approval prior to proceeding with the work.

3. The Facility Maintenance Division reserves the right to make or obtain other repair or replacement cost estimates prior to authorizing the Contractor to proceed.

4. Damages to equipment covered by these specifications, caused by Contractor's negligence or nonfeasance shall be repaired to the satisfaction of the Virginia ABC, at no cost to the Authority.

5. The Contractor shall notify the Virginia ABC designee of any repairs which may be covered under the equipment manufacturer's warranty or may be considered to result from defects in the equipment prior to proceeding with any work.

E. New Equipment and Installation (if required by Authority)

Upon request, the Contractor upon request shall provide a quote for new HVAC equipment. The Authority will provide the Contractor with the make and model that is required. The Contractor has three (3) calendar days from request to provide the quote. The quote will be to furnish and install and shall be a part of the contract.

The cost per hour for installation will be at the contract price.

The quote shall include all necessary parts, labor, supervision, materials, and supplies to complete a turnkey installation. The Authority is under no obligation to purchase from the Contractor.

In an emergency situation, the Authority will require a quote within 24 hours of notice.

F. New Stores, Relocations and Modernizations (if required by Authority)

A work site visit must be done prior to submitting the estimate for new stores, relocations, and modernizations. The Contractor has three (3) days to provide an estimate to the Authority. Within seven (7) calendar days of the worksite visit and approval from the Authority to proceed, the Contractor shall start the project work, unless otherwise noted. Claims as a result of failure to inspect the job site will not be

IFB-SB-155-24 Page 6 considered by the Authority. The Facilities Management designee for this item will be Phillip Shelton, who can be reached at (804) 400-9513, Phillip.Shelton@virginiaabc.com

G. Work Hours & On-Call Repairs:

1. Normal business hours for the ABC Stores are 10:00 a.m. to 9:00 p.m., (subject to change) Monday through

Saturday and Sunday’s 12:00 pm to 6:00 pm . All preventive maintenance services shall be performed during normal working hours unless otherwise directed by Virginia ABC Facilities Management.

2. Authorized repair work, on a time and material basis, performed outside of normal work hours shall be paid at the overtime labor hour rate described in Section 7, Pricing Schedule.

3. Service employees shall check in and out with the Virginia ABC’s designated representative during normal work hours. The work to be performed during off hours shall be coordinated with the Virginia ABC’s designated representative, as required.

H. Contractor's Personnel:

1. All services shall be performed by service technicians who are qualified through factory or other training to work on the specific makes and types of equipment to be repaired/serviced and are directly employed and supervised by the Contractor. Evidence of stated qualifications shall be made available to Virginia ABC upon request. Virginia ABC reserves the right to reject Contractor's service personnel who, in the Virginia ABC’s judgment, are not adequately qualified to perform the work.

2. Service employees shall be appropriately certified/licensed by the Commonwealth of Virginia/local jurisdictions to perform HVAC and related mechanical work.

3. The Contractor shall be responsible for providing the appropriate types and skill levels of personnel required to accomplish the work.

4. The Contractor shall provide a company contact and phone number for all inquiries from the Authority.

5. The Contractor shall be responsible for the conduct and performance of the Contractor’s employees.

Contractor shall show a valid ID identifying the mechanic(s) and company at all Virginia ABC locations.

5. BIDDER’S INSTRUCTIONS AND CHECKLIST:

In order for the bid to be responsive, the following should be submitted:

A. Cover sheet, completely filled out and signed

B. Pricing Schedule, completed in its entirety

C. Discount Clause located on page 7.

D. Completed Vendor Data Sheet, Attachment A.

E. Subcontractor Approval Request, if needed, page 13

F. Completed State Corporation Commission Form, Attachment D, page 15

G. Bidder’s current Certificate of Insurance (See amount limits required under the “Insurance” section in the General Terms and Conditions)

H. Entire Bid Package

6. METHOD OF PAYMENT:

The Contractor will be paid on the basis of invoices submitted. Payments will be made according to §20315 of the CAPP Manual, which is thirty (30) days after receipt of a proper invoice by Virginia ABC’s Accounts Payable Department or

IFB-SB-155-24 Page 7 receipt of goods or services, whichever is later. Virginia ABC will have the option of paying the Contractor in less than thirty (30) days if a discount is offered for expedient payment.

A _____% prompt payment discount is offered by Contractor for prompt payment of _____ calendar days.

The Commonwealth of Virginia encourages Contractors to accept electronic and charge card payments. The Commonwealth of Virginia Small Purchase Charge Card may be used as the method of payment at the discretion of Virginia ABC if the Contractor has an established Merchant Account/Agreement. Merchant bank fees shall not be charged back to Virginia ABC. Invoices shall be submitted to the following address:

Virginia Alcoholic Beverage Control Authority Attention: Accounts Payable P.O. Box 3250 Mechanicsville, VA 23111

*Preferred method of invoice submittals: accounts.payable@virginiaabc.com

7. PRICING SCHEDULE:

The Contractor agrees to provide the described good/service in compliance with the scope of work for the following fixed prices for Virginia ABC Area 7. Prices shall include all expenses, i.e., parking, meals, lodging, photocopying, airfare, mileage, communication cost, automobile rental, etc.

The hourly rates specified by the Bidder shall include profits, labor and all such direct and indirect overhead costs such as transportation, general and administrative cost, etc. Bids shall be evaluated on the basis of the grand total bid price as specified below. The hours are a hypothetical scenario to determine the low bidder. Any bidder who enters $0 on a pricing blank or leaves it blank shall be considered non-responsive.

Virginia ABC Area 7

Item Description Quantity Unit Cost Total 1 Regular Time HVAC Mechanic 1 1 $ $

2 Regular Time Helper/Assistant 1 1 $ $

3 Overtime HVAC Mechanic 1 1 $ $

4 Overtime Helper/Assistant 1 1 $ $

5 Basic Preventive Maintenance Services Per Unit

1 1 $ $

GRAND TOTAL $

8. GENERAL TERMS AND CONDITIONS:

The General Terms and Conditions are located on Virginia ABC’s website at the following link:

https://www.abc.virginia.gov/about/procurement/terms-conditions

The Contractor will be responsible for reading and understanding the General Terms and Conditions.

9. SPECIAL TERMS AND CONDITIONS:

ASBESTOS: Whenever and wherever during the course of performing any work under this contract, the contractor discovers the presence of asbestos or suspects that asbestos is present; he shall stop the work immediately, secure the area, notify the building owner and await positive identification of the suspect material. During the downtime in such a case, the contractor shall not disturb any surrounding surfaces but shall protect the area with suitable dust mailto:accounts.payable@virginiaabc.com https://www.abc.virginia.gov/about/procurement/terms-conditions

IFB-SB-155-24 Page 8 covers. In the event the contractor is delayed due to the discovery of asbestos or suspected asbestos, then a mutually agreed extension of time to perform the work shall be allowed the contractor but without additional compensation due to the time extension.

AUDIT: The Contractor shall retain all books, records, and other documents relative to this contract for three (3) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. Virginia ABC, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

AWARD: An award will be made to the lowest responsive and responsible Bidder. Evaluation will be based on the unit price. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern.

Virginia ABC reserves the right to conduct any test it may deem advisable and to make all evaluations. Virginia ABC reserves the right to reject any and all bids in whole or in part and waive any informality prior to making an award.

BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for 30 days. At the end of the 30 days, the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time, it remains in effect until an award is made or the program is canceled.

BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period.

CANCELLATION OF CONTRACT: Virginia ABC reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform all outstanding orders issued prior to the effective date of cancellation.

CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I certify that this firm/individual and subcontractor are properly licensed for providing the goods/services specified. Furthermore, the contractor and subcontractors shall maintain the required license throughout the term of the contract. The contractor or their subcontractor shall immediately notify the Virginia ABC in writing in the event the license has been revoked.

Contractor Name:

Subcontractor Name:

License Number:

License Type:

CONTRACTOR’S TITLE TO MATERIALS: No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sales or other agreement by which an interest is retained by the seller. The Contractor warrants that he has clear title to all materials and supplies for which he invoices for payment.

eVA ORDERS AND CONTRACTS: The solicitation/contract will result in (1) one purchase order with the applicable eVA transaction fee assessed for each order.

Vendors desiring to provide goods and/or services to Virginia ABC shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for Virginia ABC to reject your offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to eVA-catalog-manager@dgs.virginia.gov.

EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete installation ready for Virginia ABC’s use and shall include all applicable installation charges; extra charges will not be allowed.

mailto:eVA-catalog-manager@dgs.virginia.gov

IFB-SB-155-24 Page 9

FINAL INSPECTION: At the conclusion of the work, the Contractor shall demonstrate to Virginia ABC’s representative(s) that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the Contractor at the Contractor’s sole expense prior to final acceptance of the work.

INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the Commonwealth, Virginia ABC, their officers, directors, agents and employees (collectively, “Commonwealth’s Indemnified Parties”) from and against any and all losses, damages, claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, assessments, fines, penalties (whether criminal or civil), judgments, settlements, expenses (including attorneys’ and accountants’ fees and disbursements) and costs (each, a “Claim” and collectively, “Claims”), incurred by, borne by or asserted against any of Commonwealth’s Indemnified Parties to the extent such Claims in any way relate to, arise out of or result from: (i) any intentional or willful conduct or negligence of any employee, agent, or subcontractor of the Contractor, (ii) any act or omission of any employee, agent, or subcontractor of the Contractor, (iii) breach of any representation, warranty or covenant of the Contractor contained herein, (iv) any defect in the Contractor-provided products or services, or (v) any actual or alleged infringement or misappropriation of any third party’s intellectual property rights by any of the Contractor-provided products or services. Selection and approval of counsel and approval of any settlement shall be accomplished in accordance with all applicable laws, rules and regulations. For state agencies, the applicable laws include §§2.2-510 and 2.2-514 of the Code of Virginia. In all cases involving the Commonwealth or state agencies, the selection and approval of counsel and approval of any settlement shall be satisfactory to the Commonwealth.

In the event that a Claim is commenced against any of Commonwealth’s Indemnified Parties alleging that use of the Contractor-provided products or services, including any components thereof, or that the Contractor’s performance or delivery of any product or service under this Contract infringes any third party’s intellectual property rights and the Contractor is of the opinion that the allegations in such Claim in whole or in part are not covered by this indemnification provision, Contractor shall immediately notify Virginia ABC in writing, via certified mail, specifying to what extent the Contractor believes it is obligated to defend and indemnify under the terms and conditions of this Contract. The Contractor shall in such event protect the interests of the Commonwealth’s Indemnified Parties and secure a continuance to permit Virginia ABC to appear and defend their interests in cooperation with the Contractor as is appropriate, including any jurisdictional defenses Virginia ABC may have.

In the event of a Claim pursuant to any actual or alleged infringement or misappropriation of any third party’s intellectual property rights by any of the Contractor-provided Deliverables, Products, Software, Services, Solution, including Solution Components, Application and Licensed Services, as applicable, or Contractor’s performance, and in addition to all other obligations of the Contractor in this Section, the Contractor shall at its expense, either (a) procure for all Authorized Users the right to continue use of such infringing Deliverables, Products, Software, Services, Solution, including Solution Components, Application and Licensed Services, as applicable, or any component thereof; or (b) replace or modify such infringing Deliverables, Products, Software, Services, Solution, including Solution Components, Application and Licensed Services, as applicable, or any component thereof, with non-infringing Deliverables, Products, Software, Services, Solution or Solution Component(s), Application and Licensed Services, as applicable, satisfactory to Virginia ABC. And in addition, the Contractor shall provide Virginia ABC with a comparable temporary replacement products and/or services or reimburse Virginia ABC for the reasonable costs incurred by Virginia ABC in obtaining an alternative product or service, in the event Virginia ABC cannot use the affected Deliverable, Product, Software, Services, Solution or Solution Component(s), Application and Licensed Services, as applicable, or any component thereof. If the Contractor cannot accomplish any of the foregoing within a reasonable time and at commercially reasonable rates, then the Contractor shall accept the return of the infringing Deliverables, Products, Software, Services, Solution, Solution Component, Application and Licensed Services, as applicable, or any component thereof, along with any other components rendered unusable by Virginia ABC as a result of the infringing component, and refund the price paid to the Contractor for such components.

INSPECTION OF JOB SITE: My signature on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by Virginia ABC.

INSTALLATION (if any): All items must be assembled and set in place, ready for use. All the crating and other debris must be removed from the premises.

IFB-SB-155-24 Page 10

LABELING OF HAZARDOUS SUBSTANCES: If the items or products requested in this solicitation are “Hazardous Substances” as defined by §1261 of Title 15 of the United States Code (U.S.C.) or “Pesticides” as defined in §136 of Title 7 of the United States Code, then the Bidder, by submitting their bid, certifies and warrants that the items or products to be delivered under this Contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the Bidder does not violate any of the prohibitions of Title 15 U.S.C. §1263 or Title 7 U.S.C. §136.

LIQUIDATED DAMAGES, DELINQUENT DELIVERIES: Delivery is required not later than the Bidder’s quoted delivery date.

It is understood and agreed by the Bidder that time is of the essence in the delivery of supplies, services, materials, or equipment of the character and quality specified in the bid document. In the event these specified supplies, services, materials, or equipment are not delivered by the date specified there will be deducted, not as a penalty but as liquidated damages, the sum of one percent (1%) per day for each calendar day of delay beyond the time specified for the item(s) not yet delivered; except that if the delivery be delayed by any act, negligence, or default on the part of Virginia ABC, public enemy, war, embargo, fire, or explosion not caused by the negligence or intentional act of the Contractor or his supplier(s), or by riot, sabotage, or labor trouble that results from a cause or causes entirely beyond the control or fault of the Contractor or his supplier(s), a reasonable extension of time as the procuring public body deems appropriate may be granted. Upon receipt of a written request and justification for any extension from the Contractor, the Procurement Office may extend the time for performance of the contract or delivery of goods herein specified, at the Procurement Office’s sole discretion, for good cause shown.

MAINTENANCE: Upon expiration of the specified warranty period and at Virginia ABC’s option, the Contractor shall provide up to additional one (1) year periods of on-site maintenance (including labor, parts, and travel) at the prices set forth in the pricing schedule. Maintenance shall not include external electrical work, providing supplies, and adding or removing accessories not provided for in the contract. Maintenance shall also not include repairs of damage resulting from: acts of God, transportation between state locations, negligence by state personnel, or other causes not related to ordinary use in the production environment in which installed. Each successive year of maintenance may be ordered by Virginia ABC in writing at least 30 days prior to expiration of the existing maintenance period.

MAINTENANCE MANUALS: The Contractor shall provide with each piece of equipment an operations and maintenance manual with wiring diagrams, parts list, and a copy of all warranties.

NEW EQUIPMENT: Unless otherwise expressly stated in this solicitation, any equipment furnished under the contract shall be new, unused equipment.

PREVENTIVE MAINTENANCE: The Contractor shall provide necessary preventive maintenance, required testing and inspection, calibration and/or other work necessary to maintain the equipment in complete operational condition during the warranty period.

PRIME CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention.

Subcontractors who perform work under this contract shall be responsible to the prime Contractor. The Contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

PRODUCT AVAILABILITY/SUBSTITUTION: Substitution of a product, brand or manufacturer after the award of contract is expressly prohibited unless approved in writing by the Contract Officer. Virginia ABC may, at its discretion, require the Contractor to provide a substitute item of equivalent or better quality subject to the approval of the Contract Officer, for a price no greater than the contract price, if the product for which the contract was awarded becomes unavailable to the Contractor.

QUANTITIES: Quantities set forth in this solicitation are estimates only, and the Contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown

RENEGOTIATION OF CONTRACT: Virginia ABC reserves the right, at any time during the Contract term or any renewals of the term, to renegotiate with the Contractor a reduction in the compensation paid to the Contractor that is less than the compensation initially agreed to by the Contractor and Virginia ABC at the time of Contract execution. Virginia ABC may

IFB-SB-155-24 Page 11 initiate such negotiations whenever Virginia ABC determines that it is in Virginia ABC's best fiscal interests to do so.

Notwithstanding any other provision of this Contract to the contrary, Virginia ABC may terminate this Contract immediately and without penalty if Virginia ABC is unable to renegotiate the compensation with the Contractor to an amount which Virginia ABC determines to be appropriate.

RENEWAL OF CONTRACT: This contract may be renewed by Virginia ABC for (4) four successive (1) one-year periods under the terms and conditions of the original contract except as stated in A. and B. below. Price increases may be negotiated only at the time of renewal. Written notice of Virginia ABC’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

A. If Virginia ABC elects to exercise the option to renew the contract for an additional one (1) year period, the contract increase/decrease of the Other Services category of the CPI-W/CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

B. If during any subsequent renewal price(s) for the additional one (1) year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase

C. periods, Virginia ABC elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the Other Services category of the CPI-W/CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the Virginia ABC. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the Virginia ABC the names, qualifications and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

WARRANTY – COMMERCIAL: The Contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the Contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to Virginia ABC by any other clause of this solicitation and rights and remedies permitted under applicable law. A copy of this warranty should be furnished with the bid.

WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to Virginia ABC’s satisfaction at the Contractor’s expense.

WORK ESTIMATES – TIME AND MATERIAL CONTRACTS: Under this time and material contract, the Contractor shall furnish Virginia ABC with a non-binding written estimate of the total costs to complete the work required. The estimate must include the labor category(ies), the Contractor’s hourly rates specified in the contract, and the total material cost.

Material costs shall be billed at Contractor’s actual invoice costs (Contractor shall furnish copies of all invoices for materials) or discount off the list price, whichever is specified in the contract. If Virginia ABC determines that the estimated price is not fair and reasonable, Virginia ABC has the right to ask the Contractor to reevaluate the estimate. If the revised estimate is determined to be not fair and reasonable, Virginia ABC reserves the right to obtain additional quotes from other vendors. A work order will be issued to the Contractor, as the authority to proceed with the work, which will incorporate the Contractor’s estimate and the terms and conditions of the contract. The Contractor and his/her personnel shall log in with the designated contract administrator each day before and after work to confirm labor hours.

IFB-SB-155-24 Page 12

ATTACHMENT A

VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY VENDOR DATA SHEET

1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.

2. Vendor’s Primary Contact:

3. Years in Business: Indicate the length of time you have been in business providing this type of good or service:

Name: Phone:

Email:

Years Months

4. Indicate below a listing of at least three (3) current or recent accounts, either commercial or governmental, that your company is servicing, has serviced, or has provided similar goods. Include the length of service and the name, email address, and telephone number of the point of contact.

Company: Contact:

Phone: Email:

Dates of Service: Value:

Project:

I certify the accuracy of the information provided.

Signature: _______________________________________ Date: ___________________________________________

Title: ____________________________________________________________________________________________

IFB-SB-155-24 Page 13

Attachment B – Subcontractor Approval Request Form

SUBCONTRACTOR APPROVAL REQUEST

No portion of the work (including materials) shall be subcontracted to another firm or individual without prior written consent of Virginia Alcoholic Beverage Control Authority (herein referred to as VABC). In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish VABC with the names, qualifications, and experience of their proposed subcontractors for Authority approval. The primary contractor shall, however, remain fully liable and responsible for the work performed by its subcontractor(s) and shall assure compliance with all requirements of the contract. No subcontractor will be allowed to start work until VABC has received a copy of the subcontractor’s Certificate of Insurance with the appropriate liability coverage.

Certificate of Insurance should be sent to Virginia Alcoholic Beverage Control Authority at 2901 Hermitage Rd, Richmond, VA 23220.

List proposed subcontractor(s), including name, address, contact person, and type of work to be performed under this contract below.

FIRM OR INDIVIDUAL’S

NAME & ADDRESS

CONTACT PERSON AND

PHONE NUMBER

TYPE OF WORK TO BE

PREFORMED

TYPE OF MATERIAL PROPOSED SUBCONTRACTOR WILL PROVIDE

QUALIFICATIONS / EXPERIENCE LEVEL OF PROPOSED SUBCONTRACTOR

Please indicate which above proposed subcontractors are certified (with DSBSD) as Small, Women Owned or Minority Businesses.

Company Name:

Certification Number:

FOR VABC USE ONLY:

The proposed subcontractor(s) listed above is/are approved and accepted under the terms and conditions of the contract requirements herein.

Signature of Authorized VABC Representative Date Telephone Number

IFB-SB-155-24 Page 14

ATTACHMENT C

Store Addresses for Quarterly

Preventive Maintenance for Area 7

STORE # ADDRESS

#117 309 Twelfth Street, Lynchburg, VA 24504-4617

#132 Smith River Crossing Shopping Center- 2777 Greensboro Road, Martinsville, VA 24112

#160 Bedford Plaza Shopping Center- 1128 E. Lynchburg Salem Turnpike, Bedford, VA 24523-2035

#266 Mountainview Commons Shopping Center- 3902 Wards Road, Lynchburg, VA 24505

#269 Towers Shopping Center- 646 Brandon Ave. S.W., Roanoke, VA 24015-3212

#283 Tightsqueeze Plaza Shopping Center- Highways 29 & 703, Route 2, Chatham, VA 24531

#309 Cave Springs Corner Shopping Center- 3901 Brambleton Ave., S.W., Roanoke, VA 24018

IFB-SB-155-24 Page 15

ATTACHMENT D

State Corporation Commission

Form

Virginia State Corporation Commission (SCC) registration information. The Contractor:

is a corporation or other business entity in good standing with the following SCC identification number:

-OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Contractor in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from Contractor’s out-of-state location) -OR-is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Contractor’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver.

IFB-SB-155-24 Page 16

ATTACHMENT E

Quarterly HVAC Preventative Maintenance Service Sheet

Store Number: Store Location:

Equipment ID: Voltage:

Equipment Type: Location:

Manufacturer: Model Number:

Serial Number: Refrigerant Type:

Filter Size: Quantity: Heat Type:

Belt Size: Quantity:

Inspection Services Performed:

Inspect filters and replace

Replace belts

Inspect belts and tighten

Inspect condenser coil Cleaned

Inspect controls, thermostats & safeties

Inspect operation of gas heater

Inspect condensate drain pan

Inspect operation of gas heater

Inspect blower wheel housing & fan

Corrective Action Services Performed:

Comments:

Inspected By: __________________________ Date: ______________________________

Inspect belt pulley

Inspect bearings

Inspect evaporator coil Cleaned

Inspect wire terminals, tighten drain pan

Clean condenser drain pan

Clean eliminators if applicable

Inspect unit access panel doors and covers

Inspect operation of condenser, fan motors and fans

IFB-SB-155-24 Page 17

ATTACHMENT F

General Equipment Preventive Maintenance Guidelines

The Contractor will provide the following maintenance services. General preventive maintenance service shall be scheduled quarterly.

Activities at each general preventative maintenance service inspection shall include:

1. Lubricate all motors and bearings.

2. Clean permanent and replace disposable air filters. (High efficiency pleated filters)

3. Inspect all shafts and pulleys. Replace belts and adjust tension. Check for proper RPM.

4. Check drain pan and line. Ensure that piping is intact and functioning properly. Clean the drain pan and piping, if required.

5. Check evaporator and condenser coils (clean if required).

6. Check refrigerant charge and trim as required.

7. Check thermostat and electrical controls and adjust if required.

8. Check and tighten electrical connections for proper amperage. Replace worn or frayed connectors and wire.

9. Check gas or oil burner and adjust if necessary.

10. Check the economizer and adjust if required.

11. Check and clean humidifier.

12. Check, lubricate and adjust thermostat if required for attic fan. Clean fan blades.

13. Operate and check water heater relief value.

14. Make all necessary adjustments for efficient operation.

Note: If manufacturer's recommended service activities and frequency are different from those given above, the manufacturer's recommendations will control.