836865drainLoud.pdf

IFB RFQ 711024

Rehabilitation of Stormwater Management Detention Facilities

Loudoun County, Virginia

INVITATION FOR BID

REHABILITATION OF STORMWATER MANAGEMENT DETENTION

FACILITIES

ACCEPTANCE DATE: Prior to 4:00 p.m., September 9, 2026 “Local Time”

IFB NUMBER: RFQ 711024

ACCEPTANCE PLACE: Loudoun County Government Offices

1 Harrison Street, S.E., 1st Floor Drop Box: Procurement Bids and Proposals

Leesburg, Virginia 20175

IMPORTANT NOTES

A. Plans and Specification: Relevant Plans and Specifications pertaining to this project are attached to this Invitation to Bid.

B. Pre-Bid Conference: An optional Pre-Bid Conference will be held virtually using Microsoft Teams on August 13, 2026, at 1:00 pm for clarification of any questions on the plans and specifications. See the Microsoft Teams login information provided below. To participate in the audio portion of the opening, please dial the number provided below and follow the prompts as designated. After the project information has been provided, the Contracting Officer will also provide a high-level overview of the supplier registration process and online submission of proposals through iSupplier. To participate by computer, connect to the link provided and follow the prompts as designated.

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/265816270839376?p=dYcV743xIFISDda RMj Meeting ID: 265 816 270 839 376 Passcode: Jj96aQ2M

Dial in by phone +1 757-600-4923 Phone conference ID: 806 424 766# https://teams.microsoft.com/meet/265816270839376?p=dYcV743xIFISDdaRMj https://teams.microsoft.com/meet/265816270839376?p=dYcV743xIFISDdaRMj

Requests for information related to this Invitation should be directed to:

Nebila Kurtu, NIGP-CPP, CPPB, VCCO, FMP Contracting Officer Phone: (571) 627-7455 Email: Nebila.Kurtu@loudoun.gov Bid Forms: www.loudoun.gov/procurement.

Issue Date: August 5, 2026

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN

ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION AS

SOON AS POSSIBLE.

mailto:Nebila.Kurtu@loudoun.gov http://www.loudoun.gov/procurement

INVITATION FOR BID

REHABILITATION OF STORMWATER MANAGEMENT DETENTION FACILITIES

SECTION/TITLE PAGE

1.0 PURPOSE

2.0 COMPETITION INTENDED

3.0 PREVAILING WAGE RATES

4.0 BIDDER MINIMUM QUALIFICATIONS

5.0 SPECIFICATIONS

6.0 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

7.0 DISCREPANCIES

8.0 BUSINESS, PROFESSIONAL, AND OCCUPATIONAL LICENSE REQUIREMENT

9.0 PAYMENT OF TAXES

10.0 NOTICE OF REQUIRED DISABILITY LEGISLATION COMPLIANCE

11.0 ETHICS IN PUBLIC CONTRACTING

12.0 EMPLOYMENT DISCRIMINATION BY CONTRACTORS PROHIBITED

13.0 PROHIBITION OF FORCED OR INDENTURED CHILD LABOR

14.0 DRUG-FREE WORKPLACE

15.0 FAITH-BASED ORGANIZATIONS

16.0 EXEMPTION FROM TAXES

17.0 CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT BONDS

18.0 CONSTRUCTION CONTRACT BOND FORMS AND COPIES; ALTERNATIVE FORMS

19.0 CONSTRUCTION CONTRACT RETAINAGES

20.0 ESCROW ACCOUNT FOR RETAINED FUNDS

21.0 AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

22.0 INSTRUCTIONS TO BIDDERS

23.0 PRICING PAGE

Attachments below are incorprorated or incorporated by reference into this Invitation for Bid and Contract Documents:

Attachment 1: County-Contractor Agreement (Contained Herein) Attachment 2: General Conditions of the Construction Contract (“General Conditions”) Attachment 3: Prevailing Wage Rates LOUD-26-0017 Attachment 4: Plans and Specifications Attachment 5: Escrow Agreement (Contained Herein)

Authorized By: Nebila Kurtu, NIGP-CPP, CPPB, VCCO, FMP Date: August 5, 2026

Contracting Officer

REHABILITATION OF STORMWATER MANAGEMENT DETENTION

FACILITIES

1.0 PURPOSE

The Intent of this Invitation for Bid (IFB) is for the County of Loudoun, Virginia

(County) to obtain the services of a qualified General Contractor to construct the Rehabilitation of Storm Water Management Detention Facility Structures BC26, BC38 and BC124 (the “Project”). The facilities are located at separate locations throughout Loudoun County. The structures generally consist of Corrugated Metal Pipes (CMP) with concrete control structures and manholes with ladders for entering and exiting the facilities. The CMP is galvanized steel and is formed by helical corrugations with a continuous locked seam. Field construction joints consist of external coupling bands between pipe segments and are welded at pipe intersections. Spacing of the construction joints varies as stated below:

• Facility BC26 consists of one 72-inch diameter CMP totaling approximately 85 linear feet.

• Facility BC38 consists of one 60-inch diameter CMP totaling approximately 142 linear feet.

• Facility BC124 consists of two 66-inch diameter CMPs totaling approximately 205 linear feet.

Cleaning is required to remove rust, scaling, debris etc. from the facilities to prepare the surfaces for geopolymer lining. Small point repairs to fill voids and missing inverts will be required prior to geopolymer lining. Various conditions are called out on the plans, with photos; however, all conditions are not guaranteed to be captured on the plans. Once all cleaning, debris removal, and surface preparation is complete, geopolymer material shall be sprayed continuously throughout the facilities, coating the entire structures. During the process, openings shall be temporarily capped so the material does not spray into the openings.

1.1 The costs associated with the removal of any and all unsuitable soils and/or rock encountered below subgrade, as defined in Specification 312000 (included as Attachment 4 of this IFB), during the construction of this Project shall be borne by the County. The County requests that the Contractor provide unit prices for unsuitable soils removal and rock removal. Unit Prices shall include the import of suitable material as needed to replace those quantities removed (It shall be assumed that suitable material will be procured from an off-site source). Unit prices shall be included on the Pricing Page of the Bid and shall be multiplied times an assumed quantity provided by the County for an extended price. The extended price shall be carried by the County as an Owner’s Allowance in the final Contract Price and will be paid to the Contractor on a “per occurrence” basis, with any remaining allowance(s) being returned to the County upon completion of the Project. This will apply to all excavations with the only exception being drilling activities (i.e. boring, geothermal wells, etc.). In these specific instances the Contractor should assume that rock will be encountered and price the drilling accordingly as part of their Base Bid Cost. Refer to

Specification 312000 for soil classification and responsibility for all unsuitable soils and/or rock encountered above subgrade.

2.0 COMPETITION INTENDED

It is the County's intent that this IFB permits competition. It shall be the Bidder's responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notification must be received by the Purchasing Agent not later than fifteen (15) days prior to the date set for bids to close.

3.0 PREVAILING WAGE RATES

Remuneration for any individual performing work on the County Construction Contract resulting from this IFB shall be at a rate equal to or greater than to the prevailing wage rate identified in Attachment 3 to this IFB.

3.1. The General Contractor awarded a County Construction Contract as a result of this IFB, and any sub-contractors hired by the General Contractor to perform Work on the County Construction Contract resulting from this IFB, shall pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform Work in connection with the resulting County Construction Contract at or greater than the prevailing wage rate identified in this IFB.

3.2. Any General Contractor or any subcontractor who employs any mechanic, laborer, or worker to perform Work under the County Construction Contract resulting from this IFB, at a rate that is less than the prevailing wage rate identified in this IFB (i) shall be liable to such individuals for the payment of all wages due, plus interest at an annual rate of eight percent accruing from the date the wages were due; and (ii) shall be disqualified from bidding on public contracts with any public body until the contractor or subcontractor has made full restitution of the amount described in clause (i) owed to such individuals. A contractor or subcontractor who willfully violates this section is guilty of a Class I misdemeanor.

3.3. After award of the County Construction Contract, the General Contractor to whom such contract is awarded shall certify under oath, to the Commissioner of Labor and Industry the pay scale for each craft or trade employed on the Project to be used by such contractor and any of the contractor’s subcontractors for work to be performed under such public contract. This certification shall, for each craft or trade employed on the Project, specify the total hourly amount to be paid to employees, including wages and applicable fringe benefits, provide an itemization of the amount paid in wages and each applicable benefit, and list the names and addresses of any third-party fund, plan or program to which benefit payments will be made on behalf of employees. The certification shall be sent to the Commissioner of Labor and Industry for each pay period for the duration of the Project.

3.4. The General Contractor awarded a County Construction Contract as a result of this IFB, shall keep, maintain, and preserve (i) records relating to the wages paid to and hours worked by each individual performing the work of any mechanic, laborer, or worker and (ii) a schedule of the occupation or work classification at which each individual performing the work of any mechanic, laborer, or worker on the public works project is employed during each workday and week. The employer shall preserve these records for a minimum of six (6) years and make such records available to the Department of Labor and Industry within ten (10) days of a request and shall certify that records reflect the actual hours worked and the amount paid to its workers for whatever time period they request.

3.5. No later than ten (10) days after the date of the Notice to Proceed, the General Contractor awarded a County Construction Contract as a result of this IFB and subcontractors performing on a County Construction Contract shall post the prevailing wage rate for each craft and classification involved, as determined by the Commissioner of Labor and Industry, including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work or at any such places as are used by the contractor or subcontractors to pay workers their wages. Within ten (10) days of such posting, a contractor or subcontractor shall certify to the Commissioner of Labor and Industry its compliance with this subsection.

3.6. The General Contractor awarded a County Construction Contract as a result of this IFB shall include the requirement in all subcontracts issued and require the same requirement to be inserted by all lower tier subcontractors in their subcontracts to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform Work in connection with the resulting County Construction Contract at or greater than the prevailing wage rate identified in this IFB.

3.7. Information regarding Prevailing Wage Rates and the Department of Labor and Industry Forms can be found at https://www.doli.virginia.gov/prevailing-wage-law/.

4.0 BIDDER MINIMUM QUALIFICATIONS

Bidders must demonstrate that they have the resources and capability to provide the materials and services as described herein. All Bidders must submit the documentation and information indicated below with their bid. Failure to provide any of the required documentation/information will be cause for bid to be deemed non-responsive and/or non-responsible and rejected.

The following criteria shall be met in order to be eligible for this Contract:

4.1 Debarment: By signing the Pricing Page contained in the IFB, Bidders are certifying that Bidder is not currently debarred by any local or state government or the federal government. Bidders shall provide in their bid, documentation related to all debarments that occurred within the last ten

(10) years.

https://www.doli.virginia.gov/prevailing-wage-law/ https://www.doli.virginia.gov/prevailing-wage-law/

4.2 The Contractor submitting a bid shall not be disqualified from bidding for a violation of the Commonwealth of Virginia prevailing wage law.

4.3 Provide evidence of a contractor’s certificate of registration, whether resident or nonresident of Commonwealth of Virginia, as required by the following:

• Registered Commonwealth of Virginia Contractor: Class A. Include a copy of the Class A Contractors license in your bid.

4.4 Verification of Bonding Capability: Bidder shall include in their bid a letter from a surety or insurance company (with a Best’s Financial Strength Rating of A- or better and Financial Size Category VII or higher by A.M. Best Co.)

stating that the Bidder is capable of obtaining a performance and payment bond based on the Bidder’s estimated contract value for the construction of the Project, which bonds will cover the Project and any warranty periods.

The letter of surety shall clearly state the rating categorization noted above and reference the estimated contract value as identified herein, in a manner similar to the notation provided below:

“As surety for [the above named Contractor], [XYZ Company] with A.M. Best Financial Strength Rating [rating] and Financial Size Category [Size Category] is capable of obtaining 100% Performance Bond and 100% Labor and Materials Payment Bond in the amount of the anticipated cost of construction, and said bonds will cover the Project and any warranty periods as provided for in the Contract Documents on behalf of the Contractor, in the event that such firm be the successful Bidder and enter into a contract for this Project.” This letter shall also state the Bidder’s per project and total bonding program limits and that the Surety is authorized/licensed to do business in the Commonwealth of Virginia.

4.5 Experience requirements for the General Contractor

A. The General Contractor submitting a bid must demonstrate extensive successful experience using geopolymer materials meeting the material specification criteria in the rehabilitation of storm water detention structures of similar size and scope to the plans and specifications contained herein. Demonstration of this experience shall be by means of providing a minimum of four (4) project references completed within the last ten (10) years from the date of this IFB.

Each project reference should specifically include:

• Description of the Geopolymer material used. Failure to provide this information may result in the bid being non-responsive and/or non-responsible.

• Name and location of the project.

• Initial and final construction cost along with the number of change orders

• Original and final completion date.

• Penalties assessed such as liquidated damages.

• Project description including photographs of sufficient quality to demonstrate the scope of the facility, and name, address, current phone number, and e-mail addresses of architects and owners.

• Name of the project manager and superintendent who had direct responsibility for the project.

• Photographs of all key aspects of the work of sufficient quality to demonstrate the quality of the bidder’s work.

• Name, address, current phone number, and e-mail addresses of architects and owners.

Bidder hereby releases listed references from all claims and liability for damages that may result from the information provided by the reference. The County intends to contact owners/architects provided as references to verify information provided. Failure of the owner/architect to respond to the County’s inquiry may be cause for the County to require additional references meeting the requirements herein.

B. A successfully completed project shall mean: 1) that the project was completed within the contract time, including any owner-approved time extensions, 2) that the project was completed at or below the contract award amount, including any subsequent owner-approved cost change orders, and 3) that the project was completed in accordance with the contract documents.

5.0 SPECIFICATIONS

The work to be performed as a result of this IFB shall be in accordance with the Plans dated August 9, 2022, with Revisions dated February 23, 2026, and Specifications Section 339054 prepared on March 11, 2026, by Johnson, Mirmiran & Thompson, Inc.

5.1 Coordination of Plans, Standard Drawings, Technical Specifications, and

Special Provisions The Plans, Technical Specifications, Special Provisions, and other Contract Documents are part of the Contract. A requirement occurring in one Contract Document shall be as binding as though occurring in all. The Contract Documents are intended to be complementary, and to include, describe, and provide all items necessary for the Contractor’s proper and complete performance of the Work.

The Contractor shall not take advantage of any obvious or apparent ambiguity, conflict, error, or omission in the Plans or the Contract. If, after beginning Work, the Contractor discovers an ambiguity, conflict, error, or omission in the Contract, he shall immediately notify the Engineer and before proceeding further with the affected work. The Engineer will then make corrections and interpretations as may be deemed necessary for fulfilling the intent of the Contract.

5.2 The Contractor shall perform all services described herein in accordance with the specifications, standards, and requirements set forth by the County.

6.0 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

The General Conditions of the Construction Contact contained in Attachment 2 to this Invitation for Bid are incorporated into the Contract Documents.

7.0 DISCREPANCIES

Should a Bidder find discrepancies in the plans and/or specifications or be in doubt as to the meaning or intent of any part thereof, the Bidder shall request clarification from the County in writing, not later than the date established in the Instructions to Bidders. Any changes to the IFB that result from such a clarification request, will be communicated through a written addendum and posted on the Procurement home page at www.loudoun.gov/procurement. Failure to request such a clarification is a waiver of any claim by the Bidder for additional expenses because its interpretation was different than the County’s.

8.0 BUSINESS, PROFESSIONAL, AND OCCUPATIONAL LICENSE

REQUIREMENT

All firms or individuals located or doing business in Loudoun County are required to be licensed in accordance with the County's "Business, Professional, and Occupational Licensing (BPOL)” Tax Ordinance during the initial term of the Contract or any renewal period.

Wholesale and retail merchants without a business location in Loudoun County are exempt from this requirement. Questions concerning the BPOL Tax should be directed to the Office of Commissioner of Revenue, telephone (703) 777-0260.

9.0 PAYMENT OF TAXES

All Contractors located or owning property in Loudoun County during the initial term of the Contract or any renewal period shall assure that all real and personal property taxes are paid.

The County will verify payment of all real and personal property taxes by the Contractor prior to the award of any Contract or Contract renewal.

10.0 NOTICE OF REQUIRED DISABILITY LEGISLATION COMPLIANCE

The County is required to comply with state and federal disability legislation: The Rehabilitation Act of 1973 Section 504, The Americans with Disabilities Act (ADA) for 1990 Title II and The Virginians with Disabilities Act of 1990.

Specifically, Loudoun County, may not, through its Contractual and/or financial arrangements, directly or indirectly avoid compliance with Title II of the Americans with Disabilities Act, Public Law 101-336, which prohibits discrimination by public entities on the basis of disability. Subtitle A protects qualified individuals with disability from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It extends the prohibition of discrimination in federally assisted programs established by the Rehabilitation Act of 1973 Section 504 to all activities of State and local governments, including those that do not receive Federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability in Titles I, III, and V of the Americans with Disabilities Act.

The Virginians with Disabilities Act of 1990 follows the Rehabilitation Act of 1973 Section 504.

11.0 ETHICS IN PUBLIC CONTRACTING

The provisions contained in §§ 2.2-4367 through 2.2-4377 of the Virginia Public Procurement Act as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all Contracts solicited or entered into by the County. A copy of these provisions may be obtained from the Purchasing Agent upon request.

The above-stated provisions supplement, but do not supersede, other provisions of law including, but not limited to, the Virginia State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.), the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.) and Articles 2 and 3 of Chapter 10 of Title 18.2. The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the Virginia State and Local Government Conflict of Interests Act.

12.0 EMPLOYMENT DISCRIMINATION BY CONTRACTORS

PROHIBITED

Every Contract of over $10,000 shall include the following provisions:

A. During the performance of this Contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, status as a service-disabled veteran, status as a military family, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state that such Contractor is an equal opportunity employer.

3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient to meet this requirement.

B. The Contractor will include the provisions of the foregoing paragraphs, 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

13.0 PROHIBITION OF FORCED OR INDENTURED CHILD LABOR

A. During the performance of this Contract, the Contractor certifies and agrees to: (i) the prohibition in use of forced or indentured child labor in the performance of the Contract, and (ii) include the provisions of the foregoing clause in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

B. For the purposes of this section, "forced or indentured child labor" means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties

14.0 DRUG-FREE WORKPLACE

Every Contract of over $10,000 shall include the following provisions:

During the performance of this Contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific Contract awarded to a Contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

15.0 FAITH-BASED ORGANIZATIONS

The County does not discriminate against faith-based organizations.

16.0 EXEMPTION FROM TAXES

Pursuant to Va. Code § 58.1-609.1, the County is exempt from Virginia State Sales or Use Taxes and Federal Excise Tax, therefore the Contractor shall not charge the County for Virginia State Sales or Use Taxes or Federal Excise Tax on the finished goods or products provided under the Contract. However, this exemption does not apply to the Contractor, and the Contractor shall be responsible for the payment of any sales, use, or excise tax it incurs in providing the goods required by the Contract, including, but not limited to, taxes on materials purchased by a Contractor for incorporation in or use on a construction project. Nothing in this section shall prohibit the Contractor from including its own sales tax expense in connection with the Contract in its Contract price.

17.0 CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT

BONDS

Within fifteen (15) calendar days after the effective date of the County – Contractor Agreement, the following bonds or security shall be delivered to the County and shall become binding on the parties upon the execution of the Contract:

A. A performance bond satisfactory to the County, executed by a surety company authorized to do business in Virginia with a A.M. Best’s Financial Strength Rating of at least A- or better and in a financial size of category VII or higher, or otherwise secured in a manner satisfactory to the County, for the faithful performance of the Contract in strict conformity with the plans, specifications, and conditions of the Contract. The bond shall be in an amount equal to one hundred percent (100%) of the price specified in the Contract;

and

B. A payment bond satisfactory to the County, executed by a surety company authorized to do business in Virginia with a A.M. Best’s Financial Strength Rating of at least A- or better and in a financial size of category VII or higher, or otherwise secured in a manner satisfactory to the County, for the protection of all persons supplying labor and material to the Contractor or its subcontractors for the performance of the work provided for in the Contract.

Labor and materials shall include public utility services and reasonable rentals of equipment, but only for the periods when the equipment rented is actually used at the site. The bond shall be in an amount equal to one hundred percent (100%) of the price specified in the Contract.

C. The amount of the performance and payment bonds shall increase without the necessity of any action by the County, to the same extent the Contract Price increases due to changes.

D. All sureties providing bonds shall give written notice to the County at least thirty (30) days prior to the expiration or termination of the bond(s).

E. If at any time, any surety or sureties become insolvent or are determined by the County to be unable to adequately secure the interests of the County, the Contractor shall within thirty (30) days after such notice from County to do so, substitute an acceptable bond(s) in such form and sum and signed by such other sureties as may be satisfactory to County. The premium on such bond(s) shall be paid by the Contractor at no additional cost to the County provided reasonable justification can be provided by the County for its determination.

F. The Contractor shall not be precluded from requiring each subcontractor to furnish a payment bond with surety thereon in an amount equal to one hundred percent (100%) of the Contract with such subcontractor.

G. The successful Bidder’s failure to furnish to the County acceptable bonds, within fifteen (15) days after the effective date of the County – Contractor Agreement shall be considered just cause for cancellation of the award and forfeiture of the construction contract bid security. In such event, the proposal guaranty shall become the property of the County, not as a penalty but in liquidation of damages sustained.

18.0 CONSTRUCTION CONTRACT BOND FORMS AND COPIES;

ALTERNATIVE FORMS

In lieu of a payment or performance bond, the Contractor may furnish a certified check or cash escrow in the face amount required for the bond. If approved by the County Attorney, a Contractor may furnish a personal bond, property bond, or bank or savings and loan association's letter of credit on certain designated funds in the face amount required for the payment or performance bond. Approval shall be granted only upon the determination that the alternative form of security proffered affords the same protection to the County equivalent to the corporate surety bond.

19.0 CONSTRUCTION CONTRACT RETAINAGES

The Contractor shall be paid ninety-five percent (95%) of the earned sum when payment is due, with no more than five percent (5%) being retained to assure faithful performance of the Contract. All amounts withheld may be included in the final payment. Any subcontract which provides for similar progress payments shall be subject to the same limitations.

20.0 ESCROW ACCOUNT FOR RETAINED FUNDS

Provided the Bid price exceeds $200,000.00 and subject to the provisions of § 2.2- 4334 of the Virginia Public Procurement Act, the Bidder shall have the option to request use of an Escrow account procedure for utilization of funds retained by the County and may request use of this option by so indicating in the space provided on the Bid Form. If the Contractor elects to use the Escrow account procedure, the "Escrow Agreement" (Attachment 5), form included with this bid shall be executed by the Contractor and submitted to the Purchasing Agent within fifteen (15) calendar days of notification by the County that its bid has been accepted. If the "Escrow Agreement" is not submitted within the fifteen (15) day period, the Contractor shall forfeit such rights to the use of the Escrow account procedure.

In order to have retained funds paid to an Escrow agent, the Contractor, the Escrow agent, and the surety shall execute an Escrow Agreement form and submit same to the County for approval. The Contractor's Escrow agent shall be a trust company, bank, or savings and loan institution with its principal office located in the Commonwealth of Virginia. The Escrow Agreement form shall contain the complete address of the Escrow agent and surety, and an executed Escrow Agreement will be authority for the County Administrator, or his designee, to make payment of retained funds to the Escrow agent. After approving the Escrow Agreement, the County 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 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 County Administrator, or his designee.

When the final pay application is released for payment, the County will direct the Escrow agent to settle the Escrow account by paying the Contractor or the County monies due them as determined by the County Administrator, or his designee. The County reserves the right to recall retained funds and to release same to the surety upon receipt of written requests from the Contractor or in the event of default.

21.0 AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, limited partnership, or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described herein that enters into a Contract with the County pursuant to the Virginia Public Procurement Act, Sections 2.2-4300 et seq. shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of the Contract. The County may void any Contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

22.0 INSTRUCTIONS TO BIDDERS

22.1 Preparation and Submission of Bids

A. Before submitting a bid, read the ENTIRE solicitation including the Contract Terms and Conditions. Failure to read any part of this solicitation will not relieve a Bidder of the Contractual obligations.

B. Pricing must be submitted on IFB pricing form only. Include other information, as required.

C. All bids shall be signed by the individual or authorized principals of the firm.

D. All attachments to the IFB requiring execution by the Bidder are to be returned with the bids.

E. Bidders may submit either a physical (hard copy) response or an online electronic response to this solicitation as provided in the instructions below. If the County receives both an online electronic submission and a physical (hard copy) submission for the same solicitation, then the online electronic bid shall take precedence over the physical (hard copy) submission, unless the Bidder specifically states otherwise in their response.

F. Instructions for Submitting a Physical (Hard Copy) Bids

1. All physical (hard copy) bids must be submitted to the Division of Procurement in a sealed container. The face of the sealed container shall indicate the IFB number, time and date of opening, the title of the IFB, the name of the firm, and the firm’s complete return address.

2. Physical (Hard Copy) Bids may be submitted via one of the following options:

US Mail to:

County of Loudoun, Virginia Division of Procurement PO Box 7000 Leesburg, Virginia 20177-7000

OR

Hand delivered to:

County of Loudoun, Virginia Division of Procurement 1 Harrison Street, S.E., 1st Floor Procurement Bids and Proposals Drop Box Leesburg, Virginia 20175

OR

Private carrier (UPS/FedEx) to:

Loudoun County Procurement 1 Harrison Street, S.E., ATTN: PROCUREMENT BIDS AND PROPOSALS

Leesburg, Virginia 20175 Please note: Bidders choosing to submit bids via US Mail or UPS/FedEx should allow at least an additional twenty-four

(24) hours in the delivery process to ensure bids are received on time. Overnight delivery does not guarantee that the bid will be delivered to the appropriate location prior to the Acceptance Date and Time.

3. Failure by a Bidder to address and label their submission in accordance with the requirements of this section may result in submission being delivered to an incorrect location which will ultimately result in rejection for late submission.

4. Each firm shall submit one (1) original physical hard copy and one (1) electronic copy (in PDF format) on a USB flash drive, of their bid to the County's Division of Procurement as indicated on the cover sheet of this IFB.

G. Instructions for Submitting Online Electronic Bids

1. Electronic submissions may be submitted through the

County’s iSupplier system. Bidders can access iSupplier by clicking here:

https://ebsprdext.loudoun.gov/OA_HTML/AppsLocalLogin.js

p. Faxed and/or e-mailed bids will not be accepted.

https://ebsprdext.loudoun.gov/OA_HTML/AppsLocalLogin.jsp https://ebsprdext.loudoun.gov/OA_HTML/AppsLocalLogin.jsp

2. Registration and access to iSupplier is free. iSupplier registration is MANDATORY to submit an online electronic response. To learn more and register, please visit https://www.loudoun.gov/926/BiddersSuppliers-Registration.

iSupplier account set-up, approval, and/or updates may take up to five (5) business days. Bidders should confirm their ability to access and use iSupplier well in advance of the solicitation Acceptance Date and Time to allow sufficient time to request technical support, if needed.

3. Bidders must acknowledge and accept the County’s Online Submission Terms and Conditions prior to submitting an online response.

4. Guides for registration and submitting an online electronic bid using iSupplier are available on the County’s website at https://www.loudoun.gov/926/BiddersSuppliers-Registration .

These guides provide detailed instructions for online electronic bid submission.

a. iSupplier Registration: Loudoun iSupplier Guide.

b. Instructions for submitting online electronic bids:

iSupplier Guide for Suppliers – Sourcing (Solicitations/Bid Opportunities).

c. Frequently Asked Questions.

5. The file(s) attached to the online electronic bid must be in PDF format unless otherwise stated. Encrypted or password protected files are prohibited. Bidders assume all risks and are solely responsible for ensuring the County is able to access, open, and download file(s) attached to their bid.

Electronic links to bids are prohibited. If the County is unable to access or open any file(s) associated with the online electronic submission, the County will consider those file(s) as not submitted. Bidders are cautioned to ensure that the files attached to bid are complete. Bid submission forms must be completed legibly and in their entirety; and all required supplemental information, including addenda, must be furnished and presented in an organized, comprehensive, and easy to follow manner.

6. An online electronic bid is not considered successfully submitted unless all necessary files have been uploaded and the online electronic bid response status is “Active”. An iSupplier system generated e-mail confirmation receipt with a unique confirmation number will be provided once submission is complete. Bidders are responsible for the consequences of any failure to plan ahead in the submission of its bid.

https://www.loudoun.gov/926/BiddersSuppliers-Registration https://www.loudoun.gov/926/BiddersSuppliers-Registration

Incomplete online electronic responses in “Draft” status will not be accepted.

7. For technical assistance, please contact the Division of Procurement at (703) 777-0403 or via email at procurement@loudoun.gov. Please note that County staff will not be able to view your draft online submission and will only be able to provide general assistance related to system use and access.

8. Online electronic bids are sealed and cannot be opened until the Acceptance Date and Time specified.

9. Bidders may withdraw their online electronic bid submission prior to the Acceptance Date and Time. A new online electronic bid may be submitted to facilitate changes up through the Acceptance Date and Time specified.

H. Bids must be received by the Division of Procurement prior to 4:00 p.m., Eastern time on the date specified on the cover of the IFB.

Time can be verified by visiting http://www.time.gov. Requests for extensions of this time and date will not be granted, unless deemed to be in the County's best interest. Bidders mailing their bids shall allow for sufficient mail time to ensure receipt of their bids by the Division of Procurement by the time and date fixed for acceptance of the bids. Bids or unsolicited amendments to bids received by the County after the Acceptance Date and Time will not be considered.

Bids will be publicly accepted and logged in at the time and date specified above.

I. A public bid opening will be held virtually using Microsoft Teams at approximately 4:15 P.M. on the Acceptance Date. See the Microsoft Teams log in information provided below. To participate in the audio portion of the opening, please dial the number provided below and follow the prompts as designated. You may also witness the announcement of the received bids, as they are opened using Microsoft Teams with the instructions provided below. Bidders may not participate in the bid opening in-person at this time.

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/282937286533039?p=F5y 1Glu3FzmFzhTacG Meeting ID: 282 937 286 533 039 Passcode: Z6M6X6cE

Dial in by phone +1 757-600-4923 Phone conference ID: 409 579 55# mailto:procurement@loudoun.gov http://www.time.gov/ https://teams.microsoft.com/meet/282937286533039?p=F5y1Glu3FzmFzhTacG https://teams.microsoft.com/meet/282937286533039?p=F5y1Glu3FzmFzhTacG

22.2 Questions and Inquiries

Questions and inquiries will be accepted in writing (email) only, from any and all Bidders. The Division of Procurement is the sole point of contact for this solicitation unless otherwise instructed herein. Unauthorized contact with other Loudoun County staff regarding the IFB may result in the disqualification of the Bidder. Inquiries pertaining to the Invitation for Bid must give the IFB number, time and date of opening, and the title of the IFB.

Material questions will be answered in writing with an Addendum provided, however, that all questions are received by 3:00 p.m. on August 21, 2026.

It is the responsibility of all Bidders to ensure that they have received all Addendums and to include signed copies with their bid. Addendums can be downloaded from www.loudoun.gov/procurement.

A. Changes to this solicitation that do not affect the scope, price, timing, or requirements are considered informal changes still requiring issuance of an Addendum, but the County may waive failure to include with proposal submission as an informality.

B. Material Changes that affect the scope, quality, quantity, price, timing, or other requirements will require submission of Addendum with proposal submission and may not be waived as an informality by the County.

22.3 Prevailing Wage Rate Request for Additional Classifications Bidders’ requests for additional Prevailing Wage Rate classifications shall be submitted to the Contracting Officer not later than fifteen (15) days after the Issue Date of this IFB on the Virginia Department of Labor and Industry, Request for Additional Wage Classification Form. The form can be found on the Virginia Department of Labor and Industry website, under Labor Law/Prevailing Wage Law or at https://doli.virginia.gov/prevailing-wage-law/.

Bidder shall complete and sign the form and provide sufficient supporting documentation to allow the Virginia Department of Labor and Industry to render a decision. Any requests for additional information from the Virginia Department of Labor and Industry shall be provided to the Contracting Officer within seventy-two (72) hours of receipt. Requests for additional Prevailing Wage Rate classifications received after fifteen (15) days from the Issue date of this IFB will not be responded to.

22.4 Exceptions/Additions

No exceptions or additions to the Specifications/Scope of Work or Terms and Conditions shall be permitted. Any questions or concerns regarding any part of the IFB shall be submitted to the Division of Procurement prior to the date specified in the Questions and Inquiries section above. Bids containing any exceptions to the Specifications/Scope of Work or Terms and Conditions or submitting additional terms and conditions shall be deemed non-responsive and rejected. Exceptions or additions proposed after bid submission by the successful Bidder shall not be accepted.

22.5 Inspection of Site

https://doli.virginia.gov/prevailing-wage-law/

All Bidders are encouraged to make an on-site inspection of the location where the work will be performed to become completely familiar with the existing area conditions. Failure to comply with this requirement will not relieve the successful Bidder of its obligation to carry out the scope of the resulting Contract.

22.6 Firm Pricing for County Acceptance

Bid price must be firm for County acceptance for a minimum of one hundred and twenty (120) days from bid opening date.

22.7 Proprietary Information

The submission of trade secrets or proprietary information with a proposal is strongly discouraged. If such information must be submitted by a Bidder/offeror in connection with this solicitation, the Bidder/Offeror must invoke the specific exclusion or exemption that applies and the protection pursuant to § 2.2-4342 of the Code of Virginia for it to be exempt from disclosure under the Virginia Freedom of Information Act, Virginia Code §§ 2.2-3700, et seq., as applicable. Bidders/Offerors must clearly identify the data or other materials to be protected and state the reasons why protection is necessary prior to or upon submission. Bidders/Offerors shall not mark sections of their proposal as “proprietary” if they are to be part of the award of the contract and are of a "Material" nature. A Bidder/Offeror shall not designate as trade secrets or proprietary information: (a) an entire bid, proposal, or prequalification application; (b) any portion of a bid, proposal, or prequalification application that does not contain trade secrets or proprietary information; (c) line-item prices or total bid, proposal, or prequalification application prices, or (d) any information that is readily ascertainable by proper means.

Failure to identify proprietary and confidential information in accordance with § 2.2-4342F of the Code of Virginia may result in the disclosure of information pursuant to a Freedom of Information Act request. Additionally, the County will not notify the Bidder, offeror, or contractor of any request for disclosure of their bid/proposal pursuant to a Freedom of Information Act request. Further, the County assumes no liability for the disclosure or use of information contained in a bid/proposal if not appropriately marked in accordance with § 2.2-4342.

22.8 Authority to Bind Firm in Contract

Bids MUST give full firm name and address of Bidder. Failure to manually sign bid may disqualify it. Person signing bid should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. Firm name and authorized signature must appear on bid in the space provided on the pricing page. Those authorized to sign are as follows:

If a sole proprietorship, the owner may sign.

If a general partnership, any general partner may sign.

If a limited partnership, a general partner must sign.

If a limited liability company, a “member” may sign or “manager” must sign if so specified by the articles of organization.

https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4342/ https://law.lis.virginia.gov/vacode/title2.2/chapter37/ https://law.lis.virginia.gov/vacode/title2.2/chapter37/ https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4342/

If a regular corporation, the CEO, President or Vice-President must sign.

Others may be granted authority to sign but the County requires that a corporate document authorizing him/her to sign be submitted with bid.

22.9 Withdrawal of Construction Contract Bid Due to Error

A Bidder for a construction Contract may withdraw its bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the bid sought to be withdrawn. The Bidder shall give notice in writing of its claim of right to withdraw its bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

22.10 Subcontractors

Please refer to Article 5: Subcontractors and Suppliers, of the County of

Loudoun General Conditions of the Construction Contract (Attachment 2 of this IFB)

22.11 Late Bids

LATE bids will not be accepted and will be returned to Bidder UNOPENED.

22.12 Rights of County

The County reserves the right to reject all or any part of any bid, waive informalities, and award the contract to the lowest responsive and responsible Bidder to best serve the interest of the County. Informality shall mean a minor defect or variation of a bid from the exact requirements of the Invitation to Bid which does not affect the price, quality, quantity, or delivery schedule for the goods, services, or construction being procured.

22.13 Prohibition as Subcontractors Under Competitive Sealed Bidding No Bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to, or perform any subcontract or other work agreement, for the person or firm to…