835432wtpLburg.pdf

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Attached to
Solids Processing Improvements - Phase 1
Solicitation number
500640-FY27-02
Issued by
Loudoun County, Virginia

About this file

Summary

This Invitation for Bid (IFB) document is issued by the Town of Leesburg, Virginia for construction services related to the Water Pollution Control Facility (WPCF) Solids Processing Improvements - Phase 1 project. The project encompasses upgrades to existing structures and processes, addition of new facilities, relocation and demolition of underground utilities, startup of new solids processing facilities, and replacement of Digested Sludge Storage Tank B. A non-mandatory pre-bid meeting is scheduled for Thursday, August 6, 2026 at 2:00 pm at the UMB Conference Room in Leesburg, with an immediate site visit to follow. A second site visit is available on Thursday, August 13, 2026 at 9:00 am. Written questions must be submitted by Friday, August 28, 2026 at 2:00 pm, and sealed bids are due electronically via the Commonwealth's eVA website by Tuesday, September 15, 2026 at 2:00 pm. The contract encompasses multiple milestones with substantial completion of the overall project required within 1,080 calendar days from Notice to Proceed, with final completion within 30 calendar days thereafter. Liquidated damages are assessed at $3,500 per calendar day for delays beyond substantial completion and $1,000 per calendar day for final completion delays.

The contract is structured as both a lump sum item and unit price items, with bidders required to submit pricing for eight line items including solids processing improvements and various rehabilitation and repair work on digesters, reactors, clarifiers, and wet wells. Bid security equal to five percent of the total bid price is required in the form of a bid bond or cashier's check. The successful bidder must provide 100 percent performance and payment bonds within ten days of award notice. Qualified bidders must demonstrate completion of a minimum of three similar projects within the past ten years and provide three governmental references. The contractor is required to self-perform the majority of work and must comply with Town of Leesburg licensing requirements, Virginia contractor licensing, and various compliance standards including Title VI Civil Rights Act requirements. All work must be performed between 7:00 am and 5:00 pm, Monday through Friday, with contractor responsibility for traffic control, dust mitigation, site cleanup, and third-party testing for soil compaction and concrete work.

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Rev 1/21/26 Page 1 of 44

INVITATION FOR BID (IFB)

SOLIDS PROCESSING IMPROVEMENTS (PHASE 1)

ISSUE DATE: July 13, 2026

IFB NO.: 500640-FY27-02

PRE-BID MEETING: Thursday, August 6, 2026 at 2:00 pm (local time)

SECOND SITE VIST: Thursday, August 13, 2026 at 9:00 am (local time)

QUESTIONS DUE: Friday, August 28, 2026 at 2:00 pm (local time)

BIDS DUE: Tuesday, September 15, 2026 at 2:00 pm (local time)

DELIVERY ADDRESS: Commonwealth’s eProcurement Website www.eva.virginia.gov

CONTACT: David A. Christianson, CPPB, VCA

Deputy Procurement Officer Phone: (703) 771-2711

Email: BidQuestions@leesburgva.gov

NOTE: Effective January 1, 2021, and until further notice, all bids and proposals in response to a formal solicitation issued by the Town will be securely received via eVA, the Commonwealth’s eProcurement website. All formal solicitations, including notices of addenda, will be posted on the Town’s Bid Board (http://www.leesburgva.gov/bidboard) and eVA (www.eva.virginia.gov). Courtesy notifications will be provided to interested parties who have registered to receive updates. Interested parties are responsible for providing the correct contact information to the Town.

http://www.eva.virginia.gov/ mailto:BidQuestions@leesburgva.gov

Rev 1/21/26 Page 2 of 44

TABLE OF CONTENTS

ADVERTISEMENT FOR BID ...................................................................................................... 6-7

REQUIRED BID RESPONSE FORMS .....................................................................................8-18 Checklist Bid Submission Form (Including Conflict of Interest and Collusion Certifications) Acknowledgement of Addenda Bid Form – Pricing (Submitted Electronically via eVA) Escrow of Retained Funds Bid Bond ...................................................................................................................................... 13-14 Qualification Form Reference Form ........................................................................................................................... 16-17 Subcontractor Form

INSTRUCTIONS TO BIDDERS .............................................................................................. 19-29 Background Scope of Work Non-Mandatory Pre-Bid Meeting Questions and Inquiries (VPPA 2.2-4316) ................................................................................ 19-20 Use of Brand Names/Substitutions (VPPA 2.2-4315) Incomplete Documents Form and Style of Bids .............................................................................................................. 20-21 Bid Bond ..................................................................................................................................... 21-22 Town of Leesburg Business Professional and Occupation License (BPOL) SCC Identification Number (VPPA 2.2-4311.2) Virginia Contractor’s License Number (Code of Virginia §54.1-1115, A1 and A6) Submission of Bids .................................................................................................................... 22-23 Modification/Withdrawal of Bid Acceptance of Bid (VPPA 2.2-4337) ........................................................................................ 23-24 Consideration of Bids & Bid Opening ...................................................................................... 24-25 Negotiations with the Lowest Responsive Bidder Qualifications of the Lowest Responsive Bidder ...................................................................... 25-26 Award Protest Compensation and Payment Title VI Compliance Contractor Verification Requirement Invoice Submission Requirement ............................................................................................... 26-27 Coordination with Utilities Contract Time ............................................................................................................................. 27-28 Trees Contract Items of Work Maintenance of Traffic ............................................................................................................... 28-29

SAMPLE AGREEMENT .......................................................................................................... 30-39

Rev 1/21/26 Page 3 of 44

Sample Agreement ...................................................................................................................... 30-35 Sample Payment Bond ................................................................................................................ 36-37 Sample Performance Bond ......................................................................................................... 38-39

GENERAL CONDITIONS ................................................................................... GC-1 – GC-85 ARTICLE 1: CONTRACT DOCUMENTS ............................................................... GC-2 – GC-5

1.1 DEFINITIONS .................................................................................... GC-2 – GC-3

1.2 EXECUTION, CORRELATION AND INTENT ............................... GC-3 – GC-5

1.3 OWNERSHIP AND USE OF DOCUMENTS ................................................ GC-5

ARTICLE 2: OWNER'S PROJECT MANAGER ................................................................... GC-6

2.1 DEFINITIONS ................................................................................................. GC-6

2.2 SERVICES OF THE OWNER'S PROJECT MANAGER .............................. GC-6

ARTICLE 3: OWNER .............................................................................................. GC-7 - GC-10

3.1 DEFINITIONS ................................................................................................. GC-7

3.2 INFORMATION, SERVICES AND RIGHTS OF THE OWNER .... GC-7 – GC-8

3.3 OWNER'S RIGHT TO STOP OR TO SUSPEND WORK ................ GC-8 – GC-9

3.4 OWNER'S RIGHT TO CARRY OUT THE WORK ........................ GC-9 – GC-10

3.5 EXAMINATION OF RECORDS .................................................................. GC-10

ARTICLE 4: CONTRACTOR ............................................................................... GC-11 – GC-35

4.1 DEFINITION ................................................................................................. GC-11

4.2 REVIEW OF CONTRACT DOCUMENTS .................................................. GC-11

4.3 SUPERVISION AND CONSTRUCTION PROCEDURES .......... GC-11 – GC-12

4.4 INSPECTION OF CONSTRUCTION ........................................................... GC-12

4.5 CONTRACTOR'S REPRESENTATIONS ..................................... GC-13 – GC-14

4.6 LABOR AND MATERIALS .......................................................... GC-15 – GC-19

4.7 WARRANTY .................................................................................. GC-20 – GC-21

4.8 TAXES ........................................................................................................... GC-21

4.9 PERMITS, FEES AND NOTICES ................................................. GC-21 – GC-22

4.10 SUPERINTENDENT ..................................................................................... GC-22

4.11 PROJECT SCHEDULES ................................................................ GC-23 – GC-26

4.12 RESPONSIBILITY FOR COMPLETION ..................................... GC-26 – GC-27

4.13 DOCUMENTS, OTHER SUBMITTALS AT THE SITE; AS-BUILT

DRAWINGS .................................................................................................. GC-27

4.14 SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND OTHER

SUBMITTALS ................................................................................ GC-27 – GC-29

4.15 CUTTING AND PATCHING OF WORK ...................................... GC-29 – GC-30

4.16 DRUG FREE WORKPLACE ......................................................................... GC-30

4.17 NON-DISCRIMINATION IN EMPLOYMENT ............................. GC-30 – GC-31

4.18 SIGNS ............................................................................................................. GC-31

4.19 CLEANING UP .............................................................................. GC-31 – GC-32

4.20 ROYALTIES AND PATENTS ...................................................................... GC-32

4.21 ANTI-TRUST ................................................................................................. GC-32

4.22 INDEMNIFICATION ..................................................................... GC-32 – GC-33

Rev 1/21/26 Page 4 of 44

4.23 PERSONS AUTHORIZED TO SIGN DOCUMENTS .................. GC-33 – GC-34

4.24 ASBESTOS ..................................................................................................... GC-34

4.25 RIGHT TO PUBLISH .................................................................................... GC-34

4.26 MATERIALS AND EQUIPMENT LIST ....................................... GC-34 – GC-35

ARTICLE 5: SUBCONTRACTORS ..................................................................... GC-36 – GC-38

5.1 DEFINITIONS ............................................................................................... GC-36

5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR

PORTIONS OF THE WORK ......................................................... GC-36 – GC-37

5.3 SUBCONTRACTUAL RELATIONS ........................................................... GC-37

5.4 QUALIFICATION SUBMITTALS ................................................ GC-37 – GC-38

ARTICLE 6: WORK BY OWNER OR BY SEPARATE CONTRACTORS ...... GC-39 – GC-40

6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD

SEPARATE CONTRACTS ........................................................................... GC-39

6.2 MUTUAL RESPONSIBILITY ...................................................................... GC-39

6.3 OWNER'S RIGHT TO PERFORM DISPUTED WORK .............................. GC-40

6.4 COORDINATION OF THE WORK ............................................................. GC-40

ARTICLE 7: MISCELLANEOUS PROVISIONS ................................................ GC-41 – GC-44

7.1 GOVERNING LAW ...................................................................................... GC-41

7.2 SUCCESSORS AND ASSIGNS .................................................................... GC-41

7.3 CLAIMS FOR DAMAGES ........................................................................... GC-42

7.4 DISPUTES ..................................................................................................... GC-42

7.5 TESTS ............................................................................................. GC-43 – GC-44

7.6 UNENFORCEABILITY OF ANY PROVISION .......................................... GC-44

7.7 AVAILABILITY OF LANDS ....................................................................... GC-44

7.8 NONEXCLUSIVITY OF REMEDIES .......................................................... GC-44

ARTICLE 8: TIME ................................................................................................ GC-45 – GC-49

8.1 DEFINITIONS ............................................................................................... GC-45

8.2 PROGRESS AND COMPLETION ............................................................... GC-46

8.3 DELAYS AND EXTENSIONS OF TIME ..................................... GC-46 – GC-49

ARTICLE 9: PAYMENTS AND COMPLETION ................................................. GC-50 – GC-59

9.1 CONTRACT PRICE ...................................................................................... GC-50

9.2 SCHEDULE OF VALUES ............................................................................ GC-50

9.3 APPLICATIONS FOR PAYMENT ............................................... GC-51 – GC-53

9.4 CERTIFICATES FOR PAYMENT ............................................................... GC-53

9.5 PROGRESS PAYMENTS .............................................................. GC-53 – GC-55

9.6 PAYMENTS WITHHELD ............................................................. GC-55 – GC-56

9.7 SUBSTANTIAL COMPLETION ................................................... GC-56 – GC-57

9.8 FINAL COMPLETION AND FINAL PAYMENT ........................ GC-57 – GC-59

9.9 PARTIAL OCCUPANCY OR USE .............................................................. GC-59

ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY ........................ GC-60 – GC-63

10.1 SAFETY PRECAUTIONS AND PROGRAMS ............................................ GC-60

Rev 1/21/26 Page 5 of 44

10.2 SAFETY OF PERSONS AND PROPERTY .................................. GC-60 – GC-63

10.3 EMERGENCIES ............................................................................................ GC-63

ARTICLE 11: BONDS AND INSURANCE ......................................................... GC-64 – GC-68

11.1 BONDS .......................................................................................................... GC-64

11.2 CONTRACTOR'S LIABILITY INSURANCE ............................. GC-65 – GC-67

11.3 WAIVERS OF SUBROGATION .................................................................. GC-68

11.4 ADDITIONAL INSURANCE PROVISIONS ............................................... GC-68

ARTICLE 12: CHANGES IN THE WORK ........................................................................ GC-69

ARTICLE 13: UNCOVERING AND CORRECTION OF WORK....................... GC-69 – GC-70

13.1 UNCOVERING OF WORK .......................................................................... GC-69

13.2 CORRECTION OF WORK ............................................................ GC-69 – GC-70

13.3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK ....... GC-70

ARTICLE 14: TERMINATION OF THE CONTRACT ....................................... GC-80 – GC-85

14.1 TERMINATION FOR THE CONVENIENCE OF THE OWNER ............... GC-71

14.2 ALLOWABLE CONVENIENCE TERMINATION COSTS ........ GC-71 – GC-72

14.3 DEFAULT TERMINATION .......................................................... GC-73 – GC-74

14.4 GENERAL TERMINATION PROVISIONS ................................. GC-74 – GC-76

ATTACHMENTS

Attachment A – Supplementary Conditions Attachment B – Project Manual for Solids Processing Improvements, Phase 1 dated May 2026 developed by Hazen and Sawyer Attachment C – Drawings for Solids Processing Improvements, Phase 1 dated May 2026 developed by Hazen and Sawyer (Volumes 1 through 7) Attachment D – Technical Specifications – Digester Sludge Storage Tank B Replacement dated May 2026 developed by Kimley-Horn Attachment E – Drawings – Digester Sludge Storage Tank B Replacement dated May 2026 by Kimley-Horn

END OF TABLE OF CONTENTS

Rev 1/21/26 Page 6 of 44

TOWN OF LEESBURG

ADVERTISEMENT FOR BID

IFB NO. 500640-FY27-02

**NOTE: Effective January 1, 2021, all bids and proposals in response to a formal solicitation issued by the Town will be securely received via eVA, the Commonwealth’s eProcurement website. Additionally, at this time the Town is not conducting in-person public bid openings.

SEALED BIDS to construct the above project WILL BE RECEIVED by the Town of Leesburg, electronically via the Commonwealth’s e-procurement website (www.eva.virginia.gov), UNTIL

BUT NO LATER THAN 2:00 P.M. (LOCAL TIME) ON TUESDAY, SEPTEMBER 15, 2026.

Bids shall be submitted electronically using the following naming convention: the IFB number and the name of the bidder (i.e. “IFB No. 500640-FY27-02_Your Company’s NameU”).

A non-mandatory on-site pre-bid meeting will be held on Thursday, August 6, 2026 at 2:00 pm (local time) at the UMB Conference Room, located at 1385 Russell Branch Pkwy SE, Leesburg, VA 20175. It is strongly recommended that all bidders attend this meeting to gain a thorough understanding of the project. A site visit will immediately follow the pre-bid meeting. The pre-bid meeting and site visits will not be conducted virtually (remotely). A second site visit will be conducted on Thursday, August 13, 2026 at 9:00 am (local time). Bidders will have no other opportunities to visit the site.

All questions regarding this bid must be submitted in writing via email to BidQuestions@leesburgva.gov until but no later than 2:00 p.m. (local time) on Friday, August 28, 2026.

Bids will be publicly opened via Microsoft Teams using the eVA e-Procurement website at the due date and time listed above. The bid opening will be livestreamed via Microsoft Teams and made available to the public.

• To join the meeting and view the video shared by the Town of Leesburg from your computer, please see the following link(s): Town of Leesburg - Bid Opening - IFB No.

500640-FY27-02 (Solids Processing Improvements - Phase 1) | Meeting-Join | Microsoft Teams

• To join the meeting via phone, please see the following dial-in info:

Dial In #: +1 689-218-0588 Meeting Conference ID: 681 166 957#

• For more information: Learn More

Work includes upgrades to existing structures and processes; the addition of new facilities; the relocation, demolition, and installation of underground utilities; and the startup of new solids processing facilities. Replacement of Digested Sludge Storage Tank B is also included in the work.

The Town reserves the right to perform all, part, or none of the work.

mailto:BidQuestions@leesburgva.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzVkOTY1YjgtZDE4NS00NGZhLTg3NTgtNWM0N2IzZDdkOGNh%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%2298408a1a-5a6b-48ff-88e8-a0051971a913%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzVkOTY1YjgtZDE4NS00NGZhLTg3NTgtNWM0N2IzZDdkOGNh%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%2298408a1a-5a6b-48ff-88e8-a0051971a913%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzVkOTY1YjgtZDE4NS00NGZhLTg3NTgtNWM0N2IzZDdkOGNh%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%2298408a1a-5a6b-48ff-88e8-a0051971a913%22%7d https://aka.ms/JoinTeamsMeeting

Rev 1/21/26 Page 7 of 44

Bid Documents are available for download from the Town’s Bid Board at http://www.leesburgva.gov/bidboard. Any addenda issued for this project will be posted on the Town’s Bid Board and eVA (https://eva.virginia.gov) with a courtesy email to those firms who have registered on the Town’s Bid Board. It is the bidders’ responsibility to provide a correct email address and to be aware of any addenda.

David A. Christianson, CPPB, VCA Deputy Procurement Officer http://www.leesburgva.gov/bidboard https://eva.virginia.gov/

Rev 1/21/26 Page 8 of 44

REQUIRED BID RESPONSE FORMS

SOLIDS PROCESSING IMPROVEMENTS (PHASE 1)

Bidders shall submit bids to the Town in accordance with the Submission of Bids section of the Bid Documents and shall include the following completed documents with their bid submission:

Checklist

_____ Bid Submission Form (includes Conflict of Interest and Collusion Certifications)

_____ Acknowledgement of Addenda

_____ Bid Form – Pricing (For Reference Only) ** SUBMITTED ELECTRONICALLY

VIA EVA**

_____ Escrow of Retained Funds

_____ Bid Bond ** The bid bond includes a certification of consent to electronic signatures and digital seal. The Town reserves the right to request a wet signature, raised seal bid bond. See the Bid Bond section of the Bid Documents for details and instructions.

_____ Cashier’s Check (in lieu of a Bid Bond) ** When the bid security is in the form of a cashier’s check, a copy of the cashier’s check shall be submitted with the bid and the original cashier’s check shall be delivered to the Town within two (2) business days after the bids are due to the Town. See the Bid Bond section of the Bid Documents for details and instructions. **

_____ Qualification Form

_____ Reference Form

_____ Subcontractor Form

Bidders shall use the required bid response forms included in the Bid Documents when submitting their bid to the Town. Bidders who do not provide all required bid response forms may be deemed non-responsive.

Rev 1/21/26 Page 9 of 44

BID SUBMISSION FORM

The undersigned agrees to furnish all necessary labor, equipment, materials, and all things necessary to perform the work as set forth in accordance with the plans and specifications at the following prices.

SECTION I – COMPANY IDENTIFICATION AND OWNERSHIP DISCLOSURE

Company Address Contact Person Title Telephone No. Fax No. Email Organized under the laws of the State of Principal place of business at Federal Id Number Registered Agent State Corp. Commission Registration No. (attach Certificate of Good Standing) Virginia Contractor’s License No. ______________

List the names and addresses of all persons having ownership of 3% or more in the company:

Name Address

The Town of Leesburg requests, as a matter of policy, that any consultant or firm receiving a contract of award resulting from a formal solicitation issued by the Town shall make certification as specified below.

Receipt of such certification, shall be a prerequisite to the award of contract and payment thereof.

SECTION II – EMPLOYEES NOT TO BENEFIT - I (we) hereby certify that if the contract is awarded to our firm, partnership, or corporation, that no employee of the Town of Leesburg, or members of his/her immediate family, including spouse, parents or children has received or been promised, directly or indirectly, any financial benefit, by way of fee, commission, finder’s fee, political contribution or any similar form of remuneration on account of the act of awarding and/or executing this contract.

SECTION III – CONFLICTS OF INTEREST - This solicitation is subject to the provisions of VA Code Ann. Section 2.1-639.2 et seq., the State and Local Government Conflict of Interests Act. The Bidder [ ] is [ ] is not aware of any information bearing on the existence of any potential organizational conflict of interest. Bidder must select one or the other (not both) by inserting a checkmark () or the letter “X”.

SECTION IV – COLLUSION - I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting an offer for the same services, materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of the State and federal law and can result in fines, prison sentences, and civil damage awards. I hereby certify that the responses to the above representations, certifications, and other statements are accurate and complete. I agree to abide by all conditions of this IFB and certify that I am authorized to sign for my company.

Signature Date Name (Printed) Title

BIDDER MUST RETURN THIS FORM WITH THEIR BID

Rev 1/21/26 Page 10 of 44

ACKNOWLEDGEMENT OF ADDENDA

Bidder acknowledges receipt of the following ADDENDA, which have been considered in the preparation of this bid.

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

Rev 1/21/26 Page 11 of 44

BID FORM – FOR REFERENCE ONLY

** Submit bid pricing electronically via eVA. This form is for reference only and should not be submitted with a bid. **

Item Description Estimated

Quantity Unit of

Measure Unit Price Extended Price

1 LUMP SUM - Solids Processing Improvements – Phase 1 N/A Lump Sum N/A $

2 UNIT PRICE – Rehabilitation of BNR Reactors (A & B), and Secondary Clarifiers (C & D) – Expansion Joint Repair 150 LF $ $

UNIT PRICE – Rehabilitation of Anaerobic Digesters (A through D), Influent PS Wet Wells (1 & 2), BNR Reactors (A & B), and Secondary Clarifiers (C & D) – Type III Crack Repair

132 LF $ $

UNIT PRICE – Rehabilitation of Anaerobic Digesters (A through D), Influent PS Wet Wells (1 & 2), and Secondary Clarifiers (C & D) – Surface Spall Repair

40 CF $ $

UNIT PRICE – Rehabilitation of Anaerobic Digesters (A through D), Influent PS Wet Wells (1 & 2), and Secondary Clarifiers (C & D) – Formed Spall Repair

20 CF $ $

UNIT PRICE – Rehabilitation of Anaerobic Digesters (A through D), Influent PS Wet Wells (1 & 2), and BNR Reactors (A & B – Contraction Joint or Construction Joint Repair

30 LF $ $

7 UNIT PRICE – Rehabilitation of Secondary Clarifier (C & D) – Cement Grout Fill 50 CF $ $

8 UNIT PRICE – Removal and Hauling Off-Site of Digester Tank Dewatering Contents 250,000 Gallon $ $

TOTAL BID PRICE

(SUM OF EXTENDED PRICES OF ITEMS 1 – 8) $

NOT A PART OF THE BID PACKAGE. DO NOT RETURN THIS FORM WITH BID.

Rev 1/21/26 Page 12 of 44

ESCROW OF RETAINED FUNDS

In accordance with Section 2.2-4334 of the Virginia Public Procurement Act (VPPA), any Contract valued at $200,000.00 or more for construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving miscellaneous drainage structures, and the installation of water, gas, sewer lines and pumping stations where portions of the Contract price are to be retained, at the time of submitting a bid, the CONTRACTOR shall have the option to indicate preference for using the escrow account procedure for utilization of the Town retained funds by so indicating in the space provided in the proposal documents. In the event the successful Contract elects to use the escrow account procedure, the “Escrow Agreement” included in the Contract documents shall be executed and submitted to the Procurement Contact within 15 days after receipt of the Notice to Award. If the “Escrow Agreement” form is not submitted, the CONTRACTOR shall forfeit his rights to the use of the escrow account procedure within the 15-day period.

In order to have retained funds paid to an escrow agent, the CONTRACTOR, the escrow agent, and the surety shall execute the “Escrow Agreement” furnished by the TOWN, and submit same to the Procurement Contact for approval. The CONTRACTOR’s escrow agent shall be a trust company, approved bank or savings and loan institution with its principal office located in the Commonwealth of Virginia. The “Escrow Agreement” shall contain the complete address of the escrow agent and surety, and the executed “Escrow Agreement” will be authority for the TOWN to make payment of retained funds to the escrow agent. After approving the agreement, the TOWN will pay to the escrow agent the funds retained as provided herein, except that funds retained for lack of progress or other deficiencies on the part of the CONTRACTOR will not be paid to the escrow agent. The escrow agent may, in accordance with the stipulations contained in the “Escrow Agreement”, invest the funds paid into the escrow account and pay earnings on such investments to the CONTRACTOR, or release the funds to the CONTRACTOR, provided such funds are fully secured by approved securities.

Retained funds invested, and securities held as collateral for retainage may be released only as and when directed by the Procurement Contact. When the final estimate is released for payment, the Procurement Contact will direct the escrow agent to settle the escrow amount by paying the CONTRACTOR or the TOWN monies due them as determined by Procurement Contact. The TOWN reserves the right to recall retained funds and to release same to the surety upon receipt of written request from the CONTRACTOR or in the event of default.

( ) We elect to use the escrow account procedure for the deposit of retained funds.

( ) We elect not to use the escrow account procedure for the deposit of retained funds.

Rev 1/21/26 Page 13 of 44

BID BOND

BOND NO.

KNOW ALL MEN BY THESE MEN PRESENTS, that hereinafter called the PRINCIPAL, and a corporation duly organized under the laws of the State of having its principal place of business at in the State of and authorized to do business in the Commonwealth of Virginia, as SURETY, are held and firmly bound unto

, as OWNER, hereinafter called the OBLIGEE, in the sum of

DOLLARS ($____________________) for the payment for which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH THAT:

WHEREAS, the PRINCIPAL is herewith submitting his or its Bid Proposal for______________ said Bid Proposal, by reference thereto, being hereby made a part hereof.

NOW THEREFORE,

(A) If the bid shall remain open for a period of not less than 60 days following opening of the bids and be rejected, or in the alternate,

(B) If the bid shall remain open for a period of not less than 60 days following opening of the bids and be accepted and the PRINCIPAL shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with the bid) and shall furnish a performance and payment deposit or surety bond for his faithful performance of the Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith,

(C) THEN, this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the SURETY for any and all claims hereunder shall, in no event, exceed the said amount of this obligation as herein stated. Provided, however, that in addition to the amount of this obligation as herein stated, the SURETY shall be liable for all costs and attorney's fees incurred by the OBLIGEE in enforcing the obligations hereunder.

The SURETY, for value received, hereby stipulates and agrees that the obligation of the SURETY and its bond shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such bid; and the SURETY does hereby waive notice of such extension.

Rev. 6.17.22 Bid Bond – Page 1 of 2 Electronic Signature/Digital Seal

Rev 1/21/26 Page 14 of 44

IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and seals, and have executed this instrument and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Signed and sealed this ________ day of __________________________ , 20__________ .

PRINCIPAL

By ___________________________________

SURETY

By ___________________________________ Attorney-In-Fact

IMPORTANT: The SURETY executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the Commonwealth of Virginia.

CERTIFICATION OF CONSENT TO

ELECTRONIC SIGNATURES AND DIGITAL SEAL

Principal and Surety hereby consent to conduct the transaction of execution of this Bond by electronic means pursuant to the provisions of Va. Code Ann. §§ 59.1-479 through 496, and agree that the Obligee (and any other beneficiary) may rely upon electronic signatures on this Bond or copies thereof as the original signature(s) for enforcement of any obligations of Principal and Surety under this Bond, with no necessity to provide a wet signature version. Further, Surety has authorized its Attorney-in-Fact to digitally affix Surety’s corporate seal to this bond. Surety hereby agrees that the digital seal below shall be deemed affixed to this Bond to the same extent as if its raised corporate seal was physically affixed to the face of the Bond.

Signed and sealed this _____day of ________________, 20______.

For Principal by: _______________________________ Name and Title

For Surety by: _______________________________ Attorney-in-Fact

Rev. 6.17.22 Bid Bond – Page 2 of 2 Electronic Signature/Digital Seal

[Digital Seal]

Rev 1/21/26 Page 15 of 44

QUALIFICATION FORM

Note: Please refer to the QUALIFICATIONS OF THE LOWEST RESPONSIVE BIDDER SECTION of the Bid Documents. The following information is required as part of your response to this solicitation. Failure to complete and provide this form with your bid response may result in the Town deeming your bid as non-responsive.

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

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

Years: ________________ Months: ________________

3. Contractor’s Primary Contact(s) for this project:

Project Manager: ______________Email: ___________________Phone: _____________

Superintendent: ________ ____ _Email: _________ ________Phone: ______________

Other (list title): ______________Email: _____________________Phone: ____________

4. Indicate below a listing of at least three (3) projects of similar size and scope within the past ten (10) years for which both the Project Manager and Superintendent specified and assigned for this project have successfully worked. Include reference contact information (name, email, and phone number), a description of work performed, the dates of service, and the contract value of the referenced project.

Company (Owner): _____________________ Contact: ___________________________

Phone: (_____)_________Email Address: ______________________________________

Project Description: _______________________________________________________

Dates of Service: ___________________________ Value ($): _____________________

Rev 1/21/26 Page 16 of 44

REFERENCE FORM

Note: Please refer to the QUALIFICATIONS OF THE LOWEST RESPONSIVE BIDDER SECTION of the Bid Documents. Indicate below a listing of at least three (3) current or recent governmental clients for whom the Contractor has performed and completed this type of work.

Include reference contact information (email and phone number), a short description of work performed, the dates of service, and the name, email address, and telephone number of the point of contact. Failure to complete and provide this form with your bid response may result in the Town deeming your bid as non-responsive.

Reference No. 1 (Required):

Customer (Owner) Representative’s Name

Description of Work Performed & Dates of Service

Representative’s Name Phone Number Email Address

Reference No. 2 (Required):

Reference No. 3 (Required):

Rev 1/21/26 Page 17 of 44

Reference No. 4 (Optional):

Reference No. 5 (Optional):

Rev 1/21/26 Page 18 of 44

SUBCONTRACTOR FORM

Note: Please note QUALIFICATIONS OF THE LOWEST RESPONSIVE BIDDER SECTION of the Bid Documents. The following information is required as part of your response to this solicitation. Failure to complete and provide this form with your bid response may result in the Town deeming your bid as non-responsive.

If you are NOT using any subcontractor(s), please initial here _________

If you are using subcontractor(s), please list them in the following table:

I/We agree that the information provided herein is accurate, current, and complete to the best of my/our knowledge.

Signature: _______________________________________________________________

Title of Company Official: _________________________________________________

Date: ___________________________________________________________________

BIDDER MUST RETURN THIS FORM WITH THEIR BID

Subcontractor(s) Name & Address

Contact Name, Email Address, & Phone Number

Type of Work to Be Performed

Percentage of Work

Rev 1/21/26 Page 19 of 44

INSTRUCTIONS TO BIDDERS

BACKGROUND

The Town of Leesburg is located 35 miles west of Washington, D.C. The Town encompasses an area of 12 square miles with an estimated population of 49,831. The Town’s fiscal year begins on July 1 and ends on June 30. As a government entity, the Town of Leesburg is exempt from being taxed on goods and services. The Town of Leesburg is a full-service municipal corporation that provides the following services to Town residents and businesses: police, refuse collection and disposal, water and sewer utilities, storm water management, airport, parks and recreation, and maintenance of streets and roadways.

The Department of Utilities is responsible for providing quality water and sanitary sewer services to utility customers in a manner that balances social, environmental, and economic factors. The Department of Utilities consists of four operating divisions:

Administration, Utility Maintenance, Water Supply, and Water Pollution Control.

SCOPE OF WORK

The Town of Leesburg, Virginia (“Town”) is requesting sealed bids from qualified Bidders to provide construction services for the WPCF Solids Processing Improvements – Phase 1 project.

The awarded bidder, also referred to herein as “Contractor”, shall provide construction services, including, but not limited to complete solids facility improvements for the Town’s WPCF, all as set forth on the drawings. Work includes upgrades to existing structures and processes; the addition of new facilities; the relocation, demolition, and installation of underground utilities; and the startup of new solids processing facilities. Replacement of Digested Sludge Storage Tank B is also included in the work as set forth in DSST B Replacement Construction Plans, Attachment B – Project Manual for Solids Processing Improvements, Phase 1 dated May 2026 developed by Hazen and Sawyer, and Attachment D – Technical Specifications – Digester Sludge Storage Tank B Replacement dated May 2026 developed by Kimley-Horn.

The Town reserves the right to perform all, part, or none of the work.

NON-MANDATORY PRE-BID MEETING

A non-mandatory pre-bid meeting will be held. It is strongly recommended that all bidders attend this meeting to gain a thorough understanding of the project. Refer to the above Advertisement for Bid for details.

QUESTIONS AND INQUIRIES (VPPA 2.2-4316)

Unless otherwise instructed, the Procurement Contact is the sole point of contact for questions concerning this IFB. Questions concerning this IFB, including comments concerning specifications, must be made in writing via email to the Procurement Contact

Rev 1/21/26 Page 20 of 44 listed on the cover page of the IFB. Questions must be received by the date and time listed on the cover page of this IFB.

A formal addendum responding to all questions received by the deadline will be made available no later than five business days before the bid due date. Additional clarifications to the specifications will also be in the form of a written addendum. All addenda will be posted on the Town’s website. Such addenda will become part of the contract documents.

Verbal instructions are not binding and will not form a part of the bid documents. It is the bidder’s responsibility to obtain all addenda from the Town’s website:

http://www.leesburgva.gov/bidboard.

USE OF BRAND NAMES/SUBSTITUTIONS (VPPA 2.2-4315)

In accordance with Section 2.2-4315 of the VPPA, unless otherwise provided in the Invitation to Bid, the name of a certain brand, make or manufacturer shall not restrict bidders to the specific brand, make or manufacturer named and shall be deemed to convey the general style, type, character, and quality of the article desired. Any article that the Town in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. Written requests for approval of substitutions may be submitted to the Town during the bidding period. Approval of substitutions will be made by Addenda. A request for substitution must be received by the Town by the Questions and Inquiries due date and time listed on the cover page of this IFB. The Town may decline to consider requests that are incomplete or not received in accordance with the time limitation.

INCOMPLETE DOCUMENTS

The Contractor, as a bidder, is responsible for having determined the accuracy and completeness of bid documents upon which it relied in making its bid, and having notified the Procurement Contact immediately upon discovery of an apparent inaccuracy, error in, or omission of any pages, drawings, sections, or addenda whose omission from the documents was apparent from a reference or page numbering in the bidding documents.

If the Contractor proceeds with any activity that may be affected by an inaccuracy, error in, or omission described above, of which it has not notified the Procurement Contact, the Contractor hereby agrees to perform any work described in such missing or incomplete documents at no additional cost to the Town.

FORM AND STYLE OF BIDS

Bids shall be submitted electronically via the Commonwealth’s electronic procurement website (eVA). Unless otherwise specified or permitted herein, prices shall be submitted on all line items shown in eVA. In addition to submitting bid pricing electronically via eVA, bidder shall also upload all completed bid response forms as required by the Town with their Bid.

http://www.leesburgva.gov/bidboard

Rev 1/21/26 Page 21 of 44

Bids shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, partnership, corporation, or other legal entity. Bids shall be signed by the person or persons legally authorized to bind the Bidder to a contract. Electronic signatures will be accepted by the Town; submission of a bid through the eVA system constitutes your representation that your firm authorizes the use of electronic signatures. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed.

All names shall be typed or printed in ink below the signatures. The address, phone number and email address for communication regarding the bid shall be shown.

BID BOND

*NOTE: THIS SECTION CONTAINS REVISED PROCUREMENT

PROCEDURES*

Each bid shall be accompanied with a copy of the bid security (on enclosed bid bond form or in the form of a cashier’s check), in the amount of five percent (5%) of the bidder's Total Bid Price, pledging that the Bidder will enter into a Contract with the TOWN on the terms stated in the Bid. Should the Bidder refuse to enter into such Contract the amount of the bid security shall be forfeited to the TOWN as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the TOWN in the event the TOWN fails to prove financial capability if requested in writing by the successful bidder. Pursuant to VPPA Section 2.2- 4336.

The provided bid bond form includes a certification of consent to electronic signatures and digital seal, which must be completed. The Town reserves the right to require any bidder to submit a wet signature, raised seal bid bond at the Town’s request.

If bidder’s surety does not authorize electronically signed (digitally sealed) bid bonds in the form requested, bidder may satisfy the bid bond requirement by submitting an original wet signature, raised seal bid bond to the Town within two (2) business days after bid opening, provided that bidder also includes the following documentation with the bid submission package via eVA: written confirmation from the surety stating that the surety will not provide an electronically signed (digitally sealed) bid bond in the form requested; AND a .pdf copy of the original wet signature, raised seal bid bond.

When the bid security is in the form of a cashier’s check, a copy of the cashier’s check shall be submitted with the bid and the original cashier’s check shall be delivered to the Town within two (2) business days after the bids are due to the Town. The original cashier’s check shall be mailed/delivered to: Town of Leesburg, Virginia, Attn: Procurement Office, 25 W. Market Street, Leesburg, VA 20176. The Town reserves the right to deem bidders non-responsive for failure to provide the original cashier’s check within the timeframe specified.

The TOWN will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed or (b) the specified time has elapsed

Rev 1/21/26 Page 22 of 44 so that Bids may be withdrawn, or (c) all Bids have been rejected.

TOWN OF LEESBURG BUSINESS PROFESSIONAL AND OCCUPATION LICENSE

(BPOL)

Bidders do not have to obtain a BPOL license in order to submit a bid to the Town;

however, the successful bidder must obtain a license, if applicable, prior to award of the contract.

The successful bidder must comply with the provisions of Section 20-233 (License requirement) of the Town of Leesburg Code, if applicable. For information on the provisions of this chapter and its applicability to this Contract, contact the Town of Leesburg Accounting Associate, Finance Department, Town of Leesburg, Virginia, at telephone number 703-771-2753 or email BusinessLic@leesburgva.gov.

SCC IDENTIFICATION NUMBER (VPPA SECTION 2.2-4311.2)

Every Bidder must include their State Corporation Commission (SCC) Identification Number or reason for exemption with his/her bid. If this information is not included, the Bid may be rejected.

VIRGINIA CONTRACTOR’S LICENSE NUMBER (CODE OF VIRGINIA §54.1-

1115, A1 AND A6)

Bidder certifies that he/she is properly registered as a licensed Contractor under Title 54 of the Code of Virginia. Bidder shall provide his/her Virginia Contractor’s License Number in the designated location on the Bid Response Form or the Bid may be rejected.

SUBMISSION OF BIDS

In order to be considered for a contract award, bidders must complete and submit a response to this IFB via the Commonwealth’s electronic procurement website eVA (www.eva.virginia.gov). eVA streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. Bidders desiring to provide goods and/or services to the Town must be a registered vendor in eVA. eVA Vendor Registration is free.

On the eVA website, www.eva.virginia.gov, applicants must login as a vendor using their eVA username and password. Please contact eVA Customer Care for instructions and/or assistance in registering to become a vendor, login, and/or uploading documents. eVA Customer Care:

Hours: 8:00 AM to 4:45 PM, Monday through Friday Phone Toll Free: 866-289-7367

Email: eVACustomerCare@DGS.Virginia.gov mailto:BusinessLic@leesburgva.gov

Rev 1/21/26 Page 23 of 44

Bids shall be submitted electronically to the Town via the Commonwealth’s eVA website prior to the bid submission deadline stipulated for this IFB or as amended via any subsequent addenda issued by the Town. Bidders assume full responsibility for the electronic delivery of the completed bid to www.eva.virginia.gov on or before the deadline for submission. The Town is not responsible for any loss or delay with respect to the submission of bids. Late bids will not be accepted. Bids submitted by any method other than via the eVA website will not be accepted.

All required forms and documentation submitted in response to this IFB must be uploaded as one (1) pdf attachment to eVA (www.eva.virginia.gov). The attachment should use the following naming convention: the IFB number and the name of the bidder (i.e. IFB No. 500640-FY27-02 - Your Company’s Name).

NOTE: eVA will not allow a bidder to upload documents after the deadline set for receipt of bids. Any submission partially uploaded at the deadline date and time will be considered incomplete and will not be accepted. ANY BID RECEIVED BY THE

TOWN AFTER THE DEADLINE FOR SUBMISSION WILL NOT BE ACCEPTED.

MODIFICATION/WITHDRAWAL OF BID

A Bid may not be modified, withdrawn, or cancelled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.

Prior to the time and date designated for receipt of Bids, a Bid submitted electronically to the Town via the Commonwealth’s eVA website may be modified or withdrawn.

Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids, provided that they are then fully in conformance with these Instructions to Bidders.

Bid security, if required, shall be in an amount sufficient for the Bid as modified or resubmitted.

If within two (2) business days after Bids are opened and Bidder files a duly signed written notice, accompanied by original work papers, with the TOWN that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Withdrawal of bids submitted to the TOWN is governed by Section 2.2-4330 of the Virginia Public Procurement Act (VPPA).

ACCEPTANCE OF BID (VPPA 2.2-4337)

The bids received shall be open to acceptance and is irrevocable for sixty (60) days from the Bid Closing date.

If the bid is accepted by the Town within the period specified above, the Contractor shall provide a certificate of insurance, Payment Bond, and Performance Bond within 10 days of

Rev 1/21/26 Page 24 of 44 the Notice of Award or Notice of Intent to Award. Each bond, the Performance Bond and the Payment Bond, shall be in the amount of 100% of the Contract Amount. The bonds shall be corporate surety bonds issued by a surety company authorized to do business in the Commonwealth of Virginia and acceptable to the Town. The Performance Bond will be conditioned upon the faithful performance of all of the work shown, described and required in the Contract Documents. The Payment Bond will be conditioned upon the payment of all persons who have and fulfill contracts for the Contractor for providing labor, equipment of material in the performance of the work provided for in the Contract Documents.

If this bid is accepted within the time stated, and the Contractor fails to provide the required Bonds, or commence the project as directed, the security deposit shall be forfeited as damages to the Town by reason or failure, limited in amount to the lesser of the face value of the security deposit or the difference between this Bid and the Bid upon which the Contract is signed.

CONSIDERATION OF BIDS & BID OPENING

The TOWN shall have the right to reject any or all Bids, reject a Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or reject a Bid, which is in any way incomplete or irregular. Though the eVA website does not reject multiple bid submissions, the TOWN permits only one bid to be submitted by the same firm in response to this IFB. Accordingly, the Town reserves the right to reject multiple bids submitted by the same firm in eVA.

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