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INVITATION FOR BID (IFB)

WATER STORAGE TANK CLEANING AND INSPECTION SERVICES

ISSUE DATE: Wednesday, October 7, 2026

IFB NO.: 500630-FY27-22

QUESTION DEADLINE: Monday, October 19, 2026; 5:00PM (ET)

BIDS DUE: Thursday, November 5, 2026; 3:00PM (ET)

DELIVERY ADDRESS: Commonwealth’s e-procurement website www.eva.virginia.gov

CONTACT: Kelly Hall, CPPB, VCO Buyer II Phone: 703-771-6501

E-mail: 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 received updates. Interested parties are responsible for providing the correct contact information to the Town.

http://www.eva.virginia.gov/ mailto:bidquestions@leesburgva.gov http://www.leesburgva.gov/bidboard

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TABLE OF CONTENTS

SECTION/TITLE PAGE

I. PURPOSE

II. BACKGROUND

III. SCOPE OF WORK

IV. CONTRACT PERIOD

V. BID SUBMITTAL INSTRUCTIONS

VI. AWARD CRITERIA

VII. QUESTIONS AND INQUIRIES

VIII. GENERAL TERMS AND CONDITIONS

IX. SAMPLE CONTRACT

IFB SUBMISSION FORM

REFERENCE FORM ...................................................................................... 24-25 BID FORM ...................................................................................................... 26-27

QUALIFICATIONS FORM

ADDENDA ACKNOWLEDGEMENT

NACE COATINGS CERTIFICATION FORM

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I. PURPOSE

The Town of Leesburg (the “Town”) is accepting bids for cleaning, inspection, and disinfection services on a triennial basis and cleaning and disinfection services on an as needed basis for distribution system water storage tanks. The purpose of this tank cleaning and inspection bid is to determine the extent, priority, and scheduling of water tank rehabilitation needs and to secure tank cleaning and disinfection services for routine tank draining and refilling events.

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): Bid Opening: IFB No. 500630-FY27-22 Water Storage Tank Cleaning & Inspection | 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: 341 540 634#

II. 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 Water Supply Division (WSD) is responsible for the safe and efficient treatment and distribution of water for the Town of Leesburg service area to ensure the protection of public health.

III. SCOPE OF WORK

A. Inspection Services Performed by the Contractor

1. The successful bidder, also referred to herein as “Contractor”, shall perform comprehensive evaluations of the interior and exterior coating systems including all components of the following five (5) water storage tanks:

Tank Name Tank Type

Capaci ty

(MG)

Size (FT) (Height – Diameter)

Material Year Erecte d

Last Painte d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGU5YjM4NWQtZGJlMC00NWVhLWJhYWMtOWJjOGQ1NzAyMzA4%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%229bec83ad-0021-4134-81bd-403ce78b1921%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGU5YjM4NWQtZGJlMC00NWVhLWJhYWMtOWJjOGQ1NzAyMzA4%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%229bec83ad-0021-4134-81bd-403ce78b1921%22%7d

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Carr Tank 1 Elevated (Multi- Leg)

1.5 94 x 89 Steel 1976 2010

Carr Tank 2 Elevated (Multi- Leg)

1.5 94 x 91 Steel 2008 2009

Hospital Tank

Standpipe 1.5 88 x 54 Steel 1955 2019

Sycolin Tank Composite 1.5 131 x 86 Concrete & Steel

2010 2010

Hogback Tank

Ground Storage

2.0 44 x 89 Steel 1989 2010

2. Unplanned tank cleaning and disinfection services may be necessary at any time at the Town’s sole discretion.

3. The inspection shall include at a minimum: assessment of all interior and exterior coating systems, concrete base pads, concrete ring foundations, grouting, caulking, ladders, OSHA safety compliance items, screens, vents, railings, catwalks, supports, brackets, hangers, rings, hatches, mud/drain valves, above ground tank piping, and other penetrations.

4. The Town will drain the tank. Once complete, the Contractor shall use high pressure washing methods and equipment to remove all sediments and other foreign materials from the tank interior.

5. The Contractor shall be responsible for providing all equipment and means to remove any remaining water from areas of the tanks that do not evacuate through tank drains. Low areas and bellies in the tank shall require pumps.

6. The sediments and debris removed from the tank shall be stored by the Contractor on the subject tank property at the base of the tank.

7. The Town will be responsible for disposal of sediments and foreign materials removed from the tank.

8. Upon completion of cleanout operations, visual inspections or other miscellaneous maintenance activities, and at the discretion of the Town, the Contractor shall disinfect the tank per AWWA C652 Method 2 Disinfection Standard.

9. The Contractor shall supply and install new tank gaskets if necessary and will fasten or reinstall tank hatches or man-ways that were opened and shall be responsible for addressing and correcting any leaks that may occur upon refilling tank.

10. The Contractor shall measure coating, dry film thickness using a dry film thickness gage based upon magnetic principle, such as the Positector 6000. The number of readings will be representative of the tank interior and exterior accessible locations.

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11. In the event of failing bacteriological test after disinfection and refilling of a tank, the Contractor shall be responsible for all costs associated with remediation, including labor, water, and re-disinfection.

12. The Contractor shall submit a written report within thirty (30) days containing a narrative and photographic documentation of those components or aspects of the tank inspection findings which warrant repair, servicing, or replacement by the Town.

13. The report shall also indicate areas requiring monitoring for future repair and/or replacement.

14. The report shall be prepared by a NACE Certified Coating Inspector.

15. A minimum of twenty (20) color photographs for both interior and exterior surfaces shall be submitted as an appendix to the report.

16. The report shall also include descriptions of any fault locations discovered in the inspection, including repair and coating replacement cost estimates.

17. The Contractor shall supply two (2) paper copies and one (1) electronic copy of each Tank Evaluation Report.

B. Contractor Performance Period

1. Water storage tank cleaning, inspection, and disinfection operations shall be performed on two

(2) or three (3) tanks between March 1 and May 31. The remaining two (2) or three (3) tanks will be cleaned, inspected, and disinfected between September 1 and October 31.

2. Only one tank may be out of service at a time. Tank out-of-service period must be minimized to the greatest extent possible.

3. The Town will determine which tanks are to be cleaned/inspected during each of these two mobilizations.

4. The Contractor shall execute cleaning and inspection services on each tank without delay from the time the tank is drained; minimizing the duration of the tank outage is critically important.

5. Should the Town decide to forego or delay work on any tank for any reason, the Contractor shall work to re-schedule without financial penalty to the Town.

C. Town Responsibilities:

1. The Town will drain the tanks prior to cleaning, inspection, and disinfection services.

2. The Town will provide the Contractor with reasonable access to the tank and tank site.

3. The Town will provide the water and electrical service for the Contractor’s use.

4. The Town will comply with OSHA Lockout-Tag Out requirements for tank valves and electric feeds.

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5. The Town will perform bacteriological testing for disinfected tanks at no cost.

6. The Town will dispose of sediments and other foreign materials removed from the tank.

D. Facility Access:

1. The Contractor will be granted access to the Town facilities between the hours of 7:00 a.m.

and 5:00 p.m., Monday through Friday, to perform inspection, cleaning and disinfection services. Required visits outside this time may be scheduled in advance.

E. Contractor Qualifications

1. The Contractor’s field inspector and report preparer shall be NACE Coatings Certified and have at least five (5) years of water storage tank inspection experience. Evidence of certification shall be provided at the time of bid.

2. The Contractor shall have been in the tank inspection business for at least the last ten (10) years.

IV. CONTRACT PERIOD

The resulting unit price contract shall commence on the effective date of the Contract and shall continue in force for one (1) year. Upon mutual agreement of both parties, the resulting Contract may be renewed for four (4) additional one-year terms. Renewal pricing may be negotiated and adjusted, but at no time will a single year price increase exceed the percentage increase of the All Items Less Food and Energy category, all urban customers, not seasonally adjusted, of the Consumer Price Index for All Urban Consumers (CPI-U) of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

V. BID SUBMITTAL INSTRUCTIONS

A. Submittal Instructions

All bids must be submitted through the Commonwealth’s eProcurement website, www.eva.virginia.gov, to include one (1) pdf attachment of the following, completed documents:

1. IFB Submission Form (Page 23)

2. Reference Form (Page 24-25)

3. Qualification Form (Page 28)

4. Addenda Acknowledgement (Page 29)

5. NACE Coatings Certifications Form (Page 30)

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 bids to www.eva.virginia.gov on or before the deadline for submission. The Town is not responsible for any

Rev 9/24/26 Page 7 of 30 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.

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

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. 500630-FY27-22- 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.

B. Modification or Withdrawal of Bids

*NOTE: THIS SECTION CONTAINS REVISED PROCUREMENT PROCEDURES*

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).

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C. Consideration of Bids & Public Bid Opening

*NOTE: THIS SECTION CONTAINS REVISED PROCUREMENT PROCEDURES*

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. If a bidder submits more than one bid in response to this IFB, only the most recent submission will be considered, and previously submitted bids will be rejected.

All bids received will be opened publicly and read aloud utilizing the Commonwealth’s eVA website. The bid opening for this project will be held at date and time specified in the Advertisement for Bid. The bid opening will be livestreamed via Microsoft Teams for accessibility to the public.

After the bids are opened and publicly read aloud, the Town will recalculate the arithmetic of all bids.

VI. AWARD CRITERIA

The Town intends to award this contract to the lowest responsive, responsible bidder who is authorized to transact business in the Commonwealth of Virginia with demonstrated experience similar in nature to that being requested herein.

The Town reserves the right to award in whole or in part, to make multiple awards, or to waive informalities in the process of awarding this contract.

The contents of the bid submitted by the successful bidder will become a part of any contract awarded as a result of this IFB. The successful bidder shall be expected to sign a contract with the Town.

Additional terms and provisions may be included in the contract, a sample copy of which is enclosed.

VII. QUESTIONS AND INQUIRIES

Unless otherwise instructed, the Procurement Contact is the sole point of contact for questions concerning this IFB. Questions concerning this IFB must be made in writing to the Procurement Contact listed on the cover page of the IFB. Questions must be received by the Question Deadline stated 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.

VIII. GENERAL TERMS AND CONDITIONS

http://www.leesburgva.gov/bidboard

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A. General Terms and Conditions

1. Bid Binding for Ninety (90) Days: Bidder agrees that this Bid shall be valid and may not be withdrawn for a period of ninety (90) calendar days after the due date.

2. Late Bids: Bids received after the time specified on the cover page of this IFB will not be accepted and will be returned unopened, provided a return address is visible.

3. Acceptance or Rejection of Bids: The Town reserves the right to accept or reject any or all bids in whole or in part and to waive minor informalities in the process of awarding this contract.

4. Competition Intended: It is the Town’s intent that this invitation for bid permits competition. It shall be the bidder’s responsibility to advise the Procurement Officer in writing if any language, requirements, specifications, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. The Procurement Officer must receive such notification at least ten (10) business days before the due date.

5. Understanding of Specifications: Bidders shall thoroughly examine and be familiar with the Town specifications. The failure or omission of any bidder to receive or examine this document shall in no way relieve any bidder of obligations with respect to this bid or the subsequent contract. The submission of a bid shall be taken as prima facie evidence of compliance with this paragraph.

6. Inquiries Concerning Specifications: Questions concerning this IFB must be made in writing to the Procurement Contact listed on the cover page of the IFB.

7. ADA Reasonable Accommodation Clause: If you need any reasonable accommodation for any type of disability in order to participate in this procurement, please contact the Procurement Officer at least ten (10) business days before the bid due date.

8. Costs Incurred in Responding: This solicitation does not commit the Town to pay any costs incurred in the preparation and submission of bids, or to procure or contract for services defined herein.

9. Employment Discrimination Prohibited: During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

10. Disposition of Bids: All materials submitted in response to this IFB will become the property of the Town. One (1) copy of each bid shall be retained for official files and will become a public record. These records will be available for public inspection after award of the contract. It is understood that the bid will become a part of the official file on this matter without obligation on the part of the Town except as to the disclosure restrictions contained in Section 11. “Trade Secrets and Proprietary Information Disclosure”.

11. Trade Secrets and Proprietary Information Disclosure: In compliance with the

Town’s Procurement Policies, all bids will be available for public inspection. Trade secrets and proprietary information submitted by a bidder in connection with procurement shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, the bidder must invoke the protection of this section before or upon submission of the data or other materials, and must identify the specific area or scope of data or other materials to be protected and state the reasons why protection is necessary. An all-inclusive statement that the entire bid is proprietary is unacceptable. A statement that the costs are to be protected is unacceptable.

12. Laws and Regulations: The bidder’s attention is directed to the fact that all applicable

Commonwealth of Virginia laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the contract shall apply to the contract throughout, and they will be considered to be included in the contract the same as though herein written out it full.

13. License Requirement: All firms doing business for the Town are required to be licensed in accordance with the Town’s “Business, Professional, and Occupational Licensing (BPOL) Tax” Ordinance. Wholesale and retail merchants without a business location in Leesburg, VA are exempt from this requirement. Questions concerning the BPOL Tax should be directed to the Department of Finance, telephone 703-771-2723. Indicate the BPOL license number on the bid form.

14. Ethics in Public Contracting: The bidder agrees that it will adhere to Article 6 – “Ethics in Public Contracting” requirements set forth in the Virginia Public Procurement Act.

15. Safety: All contractors and subcontractors performing services for the Town are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupation Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or

Rev 9/24/26 Page 11 of 30 damage to any persons or property within and around the work site area under this contract.

16. Termination: Subject to the provisions below, the contract may be terminated by the

Town upon thirty (30) days advance written notice to the other party. If any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval of the Town until said work or services are completed and accepted.

Termination for Convenience – In the event that this contract is terminated or cancelled upon request and for the convenience of the Town, without the required ten (10) days advance written notice, then the Town shall negotiate reasonable termination costs, if applicable.

Termination for Cause: – Termination by the Town for cause, default or negligence on the part of the contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination for Cause. In the event of default by the bidder, we reserve the right to procure the commodities and/or services from other sources, and hold the bidder liable for any excess cost occasioned thereby. If, however, public necessity requires use of commodities and/or service not conforming to the specifications they may be accepted and payment therefore shall be made at a proper reduction in price.

Termination Due to Unavailability of Funds in Succeeding Fiscal Years – When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.

17. Non-Assignment of Contract: The contractor shall not assign the contract, or any portion thereof, without the advanced written permission of the Procurement Officer, such permission not to be unreasonably withheld.

18. Use by Other Localities: Bidders are advised that the resultant contract may be extended, with the authorization of the bidder, to other public bodies or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms and conditions of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing and payment. The Town of Leesburg acts only as the “Contracting Agent” for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your bid.

It is the Contractor’s responsibility to notify the public body(s) of the availability of the contract.

Other public bodies desiring to use this contract must make their own legal determination as to whether the use of this contract is consistent with their laws, regulations, and other policies.

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Each public body has the option of executing a separate contract with the Contractor(s).

Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contract’s terms and conditions. If, when preparing such a contract, the general terms and conditions of the public body are unacceptable to the Contractor, the Contractor may withdrawal its extension of the award to that public body.

The Town of Leesburg shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that Public Body by the Contractor.

19. Modification of the Contract: This contract may be modified by approved a contract modification or change order signed by both parties in accordance with the VPPA.

20. Discrimination Prohibited; Participation of Small and Minority-Owned Business:

The Town shall not discriminate against a bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

21. Drug-free Workplace to be maintained by Contractor; Required Contract

Provisions: All public bodies shall include in every contract over $10,000 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 on 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 any controlled substance or marijuana during the performance of the contract.

22. Procurement of imported goods; forced and indentured child labor prohibition:

Pursuant to Code of Virginia § 2.2-4311.4, the Contractor shall not use “forced or indentured child labor” (as defined in § 2.2-4311.4(A)) in the performance of the contract and certifies that no imported goods or services provided under this contract are produced using forced or indentured child labor. Contractor shall include this prohibition in every subcontract or purchase order that exceeds $10,000, so that the prohibition shall be binding upon each subcontractor or vendor.

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23. Collusion Among Bidders: More than one bid from an individual, firm, partnership, corporation or association under the same or different name will be rejected. Reasonable grounds for believing that a bidder has an interest in more than one bid for the work contemplated will cause rejection of all bids in which the bidder is interested. Any or all bids will be rejected if there is any reason for believing that collusion exists among the bidders. Participants in such collusion may not be considered in future bids for the same work. The signer of the bid must declare that all persons, companies and parties interested in the contract as principals are named therein; that the bid is made without collusion with any other person, persons, company or parties submitting a bid; that it is in all respects fair and in good faith without collusion or fraud; and that the signer of the bid has authority to contractually bind the bidder. See Bidder Submission Form.

24. Town Employees: No employee of the Town shall be admitted to any share or part of this contract or to any benefit that may arise there from.

25. Qualification of Bidders: Each bidder may be required, before the award of any contract, to show to the complete satisfaction of the Evaluation Team that it has the necessary facilities, abilities, and financial resources to furnish the service or material specified herein in a satisfactory manner, and the bidder may also be required to show past history and reference which will enable the Evaluation Team to be satisfied as to the bidder’s qualifications. Failure to qualify according to the foregoing requirements will justify bid rejection.

26. Liability: The successful bidder will not be held responsible for failure to perform the duties and responsibilities imposed by the contract due to legal strikes, fires, civil disobedience, riots, rebellions, acts of God and similar occurrences beyond the control of the successful bidder that make performance impossible or illegal, unless otherwise specified in the agreement.

27. Protest Of Award Or Decision To Award: A bidder may protest an award or decision to award a contract under procedures as set forth in the Virginia Public Procurement Act.

28. Ethics In Public Contracting: This specification incorporates by reference, but is not limited to, the provisions of law contained in the Virginia Conflict of Interest Act, the Virginia Governmental Frauds Act, Articles 2 and 3 of Chapter 10 of title 18.2 of the Code of Virginia, as amended, and the Town Procurement Policy.

29. Faith-Based Organizations: The Town of Leesburg does not discriminate against faith-based organizations.

30. Insurance Requirements: Bidder shall secure at its own expense general liability insurance in an amount not less than $1,000,000 solely contained in a Commercial General Liability Policy or in combination with an Umbrella or Excess Policy. Included shall be coverage for Bodily Injury and Property Damage resulting from the operations, products, and completed operations of the contractor.

Bidder shall also carry automobile insurance in an amount not less than $1,000,000 solely contained in a Commercial Auto Policy or in combination with an Umbrella or Excess Policy. Bidder shall also carry Workers Compensation insurance, which meets the

Rev 9/24/26 Page 14 of 30 statutory requirements of the Commonwealth of Virginia. In addition, bidder shall also carry other insurance coverage deemed by the Town to be appropriate to his agreement.

The above-mentioned coverage shall be placed with an insurance carrier licensed to do business in the Commonwealth of Virginia. The carrier must have an AM Best Rating of A or better. A Certificate of Insurance identifying coverage and naming the Town of Leesburg as additional insured shall be furnished to the Town. Liability coverage shall contain wording prohibiting cancellation of coverage, failure to renew, or reduction in limit without the insurer first giving 30 days prior written notice of such action to the Town.

31. Payment Clauses: Pursuant to Section 2.2-4354 of the VPPA, within seven days after receipt of amounts paid to the bidder by the Town for work performed by the subcontractor under the resulting contract the Bidder will:

a. Pay the subcontractor for the proportionate share of the total payment received from the agency attributable to the work performed by the subcontractor under that contract; or

b. Notify the agency and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.

Individual contractors must provide their social security numbers and proprietorships, partnerships, and corporations to provide their federal employer identification numbers.

The bidder will pay interest to the subcontractor on all amounts owed by the bidder that remain unpaid after seven days following receipt by the bidder of payment from the Town for work performed by the subcontractor under that contract, except for amounts withheld as allowed in subdivision 1.

“Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”

The bidder will include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

A contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of the Town. A contract modification shall not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

32. Prime Vendor Responsibilities: Bidders may propose services that are provided by others, but any services proposed must meet all of the requirements of this IFB. If the bid includes services provided by others, the bidder will be required to act as the prime contractor for all such items and must assume full responsibility for the procurement delivery and quality of such services. The bidder will be considered the sole point of contact with regard to all stipulations, including payment of all charges and the meeting of all requirements of this IFB.

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33. Purchase Orders: A purchase order will be enclosed with the resulting contract or will be issued shortly thereafter, and will become an integral part of the resulting contract.

The purchase order indicates that sufficient funds have been obligated as required by Title 15 of the Code of the Commonwealth of Virginia, and assures distribution of the necessary receiving reports. The purchase order does not supersede any provisions of the resulting contract. Performance time and dates are determined solely by the contract and any modification thereto. Services are not to begin until receipt of the purchase order and/or other notification by the Town’s Procurement Officer or designee.

34. Title VI Compliance: The Town of Leesburg, VA, as a recipient federal funds, complies with Title VI of the Civil Rights Act of 1964 (found at 42 U.S.C. § 2000(d) and the following sections) which prohibits discrimination based on race, color, or national origin.

The Town’s Title VI Policy can be found at:

https://www.leesburgva.gov/government/title-vi.

35. Contractor Verification Requirement: The Town has implemented a Contractor verification process. Contractor information required by the Town must be verified through the Town’s third-party validation service provider. Contractor must comply with this requirement to conduct business with the Town and receive payments. Instructions and additional information on how to comply with this requirement can be obtained from the Town’s website at:

https://www.leesburgva.gov/departments/finance/accounting/vendor-verification.

https://www.leesburgva.gov/government/title-vi https://www.leesburgva.gov/departments/finance/accounting/vendor-verification

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IX. IFB SAMPLE CONTRACT

CONTRACT NO. 500630-FY27-22

WATER STORAGE TANK CLEANING & INSPECTION SERVICES

This CONTRACT (the “Contract”) is made this _____ day of _____, 20__, by and between the TOWN OF LEESBURG, VIRGINIA (the “Town”), a municipal corporation, and ______________, a______________, authorized to transact business in Virginia, having a usual place of business at _________________ (the “Contractor”), collectively referred to herein as “Parties”.

The Contractor and the Town, in consideration of the mutual covenants, promises, and agreements herein contained, agree as follows:

1. Provision of Services. The Contractor hereby agrees to provide the following services to the Town:

[DESCRIPTION OF SERVICE]

2. Contract Documents. The Contract Documents consist of this Contract, IFB No. 500630-FY27-22 (incorporated herein by reference), the Contractor’s Bid dated __________________(attached hereto as “Exhibit A”), and any subsequent purchase orders issued by the Town. Where the terms of this Contract and the Contractor’s Bid are at variance, the provisions of this Contract shall prevail. The Parties agree that any ambiguity, conflict or inconsistency in the foregoing documents that together constitute the Contract, will be resolved in the following order of precedence: (1) this Contract; (2) IFB No. 500630- FY27-22 and all addenda thereto; (3) the Contractor’s Bid dated ______________.

3. Contract Term. The term of this Contract shall consist of the period of time

[PERIOD OF TIME].

4. Contract Amount. In return for the services identified above, the Town certifies that sufficient funds are budgeted and shall compensate the Contractor [$ AMOUNT]. The total project is expected not to exceed [$ AMOUNT].

5. Method of Payment. The Contractor shall submit invoices to the Town with all supporting documentation and shall be reimbursed within thirty (30) days after receipt of invoice or completion of services, whichever occurs later.

Invoice must detail the hours worked and services performed, must reference the purchase order number, and be mailed to the address specified below:

Town of Leesburg Department of Utilities

Attn: (Division/Name of Contact) Address

Leesburg, VA 20175 emailaddress@leesburgva.gov

6. Applicable Law and Courts. This Contract shall be governed in all respects by the laws of the

Commonwealth of Virginia and any litigation with respect thereto shall be brought in a court within Loudoun County. The Contractor shall comply with applicable federal, state and local laws and regulations.

mailto:emailaddress@leesburgva.gov

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7. Assignment of Contract. This Contract shall not be assignable by the Contractor in whole or in part without the prior written consent of the Town.

8. Audit. The Contractor shall retain all books, records, and other documents relative to this Contract for five

(5) years after final payment, or until audited by the Town, whichever is sooner. The Town, its authorized agents, and/or auditors shall have full access to and the right to examine any of said materials during said period.

9. Indemnification. Contractor agrees to indemnify, defend and hold harmless the Town, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by any services of any kind or nature furnished by the Contractor.

10. Notice. The following persons shall be contact persons for the Parties, and notice given them, by certified return receipt requested mail to the addresses shown, shall constitute valid notice under the requirements of this agreement:

1. For the Town: _________________________

2. For the Contractor: ____________________________

The Parties may amend such addresses by written notice to the opposite party at the given address.

11. Termination.

A. Termination without Cause. The Town may terminate this Contract for any reason upon ten (30) days’ notice and upon payment of any and all sums already earned under the terms of Paragraphs numbered 4 and 5 of this Contract and reasonable expenses incurred in reliance upon the Contract.

B. By Town with Cause. The Town may terminate this contract if the Contractor is in material breach with this Contract and fails to adequately remedy such breach after written notice from the Town and a 14-day period to cure the breach. If this Contract is terminated by the Town for cause, the Town may withhold any further payments to the Contractor until it determines its damages and may sue the Contractor for any damages caused by the breach. If the Town terminates this Contract for cause and it is later determined that such termination was not justified, then the termination shall be converted into one without cause under Paragraph 11.A. and any liability of the Town shall be limited solely to the liability provided by that paragraph for a termination without cause.

C. If this Contract is terminated by the Town, the Contractor shall within seven days thereafter deliver to the Town all Contract Deliverables regardless of the current state of completion. In such case, the Contractor grants an irrevocable right to the Town to use the Contract Deliverables without additional compensation to the Contractor, but the Contractor will not be liable for any change or alterations to the Contract Deliverables or for their use in an incomplete state.

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D. Notwithstanding the foregoing, the Contractor agrees that any resulting contract is subject to annual appropriations of the Leesburg Town Council and that non-appropriation of sufficient funding to continue the contract will result in its automatic termination once existing funding is exhausted.

12. Integration Clause. This Contract, including all incorporated Contract Documents, shall constitute the whole agreement between the Parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations or agreements, written or verbal, between the Parties hereto related to the subject of this Contract.

13. Notice of Required Disability Legislation Compliance. The Town 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, the Town 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 on the basis of disability by public entities. 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.

14. Faith Based Organizations. The Town does not discriminate against faith-based organizations.

15. Immigration Reform and Control Act of 1986. By entering this Contract, the Contractor certifies that it does not and will not during the performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens.

16. Payment to Subcontractors. Within seven (7) days after receipt of amounts paid by the Town for work performed by a subcontractor under this Agreement, the Contractor shall either: a) pay the subcontractor for the proportionate share of the total payment received from the Town attributable to the work performed by the subcontractor under this Agreement; or b) notify the Town and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment and the reason for non-payment. The Contractor shall pay interest to the subcontractor on all amounts owed that remain unpaid beyond the seven (7) day period except for amounts withheld as allowed in item b. Unless otherwise provided under the terms of this Agreement, interest shall accrue at the rate of one percent (1%) per month. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements as set forth above with respect to each lower-tier subcontractor. The Contractor's obligation to pay an interest charge to a subcontractor pursuant to this provision may not be construed to be an obligation of the Town.

17. Authority to Transact Business in Virginia. A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or 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 an Agreement with the Town pursuant to the Virginia Public Procurement Act 2.2-4300 et seq. shall not allow its existence to lapse or its certificate of

Rev 9/24/26 Page 19 of 30 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 Agreement. The Town may void any Agreement with a business entity if the business entity fails to remain in compliance with the provisions of this section.

18. Counterparts. This Contract and any amendments or renewals hereto may be executed in a number of counterparts, and each counterpart signature, when taken with the other counterpart signatures, is treated as if executed upon one original of this Contract or any amendment or renewal. A signature by any party to this Contract provided by facsimile or electronic mail is binding upon that party as if it were the original.

19. Ethics in Public Contracting. The provisions contained in Sections 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 Town. A copy of these provisions may be obtained from the Town 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.

20. Exemption from Taxes. Pursuant to Va. Code § 58.1-609.1, the Town is exempt from Virginia State

Sales or Use Taxes and Federal Excise Tax, therefore the Contractor shall not charge the Town 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.

21. Employment Discrimination by Contractors Prohibited.

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, 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.