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REQUEST FOR PROPOSAL (RFP)

MOWING AND GROUND MAINTENANCE SERVICES (UTILITIES)

ISSUE DATE: Thursday, October 29, 2026

RFP NO.: 500620-FY27-20

PRE-PROPOSAL MEETING: Tuesday, November 10, 2026; 9:00AM

QUESTION DEADLINE: Monday, November 16, 2026; 5:00PM

PROPOSAL DUE DATE: Tuesday, December 8, 2026; 2:30PM

DELIVERY ADDRESS: Commonwealth’s eProcurement 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 receive updates. Interested parties are responsible for providing the correct contact information to the Town.

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

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RFP NO. 500620-FY27-20

TABLE OF CONTENTS

SECTION/TITLE PAGE

I. PURPOSE

II. BACKGROUND

III. STATEMENT OF NEEDS

IV. PROPOSAL SUBMITTAL INSTRUCTIONS

V. QUESTIONS AND INQUIRIES

VI. EVALUATION CRITERIA AND AWARD

VII. TERMS AND CONDITIONS

VIII. SAMPLE CONTRACT

OFFEROR SUBMISSION FORM

ACKNOWLEDGEMENT OF ADDENDA

REFERENCES

PRICING FORM ................................................................................. 34-35

PROPOSAL PROTECTION DISCLOSURE FORM

UTILITY MAPS .................................................................... APPENDIX A

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I. PURPOSE

The Town of Leesburg (the “Town”) is soliciting proposals from qualified firms to perform and furnish all materials, labor, tools, equipment and appurtenances necessary for grounds maintenance services. The maintenance services shall be for mowing, weed eating, timber removal and picking up trash and will be required on an hourly, on call, as needed basis.

The successful offeror, also referred to herein as Contractor, shall perform all the grounds maintenance services as specified in this RFP and provide all project management supervision, tools, equipment, machinery, materials, fuel, insurance, personnel, labor and qualified equipment operators to complete the work.

A non-mandatory pre-proposal meeting will be held at 1385 Russell Branch Parkway, SE Leesburg, VA 20176 on the date and time indicated on the RFP cover page. It is encouraged that all Offerors attend this meeting to gain a thorough understanding of the Town’s needs and to see the sites.

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 is the largest town in population in the Commonwealth of Virginia. Town Services include a general aviation airport, police, public works including street maintenance, storm water management, utility services including water and sanitary sewer, parks and recreation with 18 active and passive parks, and a genealogical and research library amongst other services.

The Town’s water distribution system comprises over 251 miles of water mains, 3066 hydrants, 4 booster stations and 5 water storage tanks. The Town’s sanitary sewer collection system comprises over 192 miles of sewers, 5,419 manholes, and 9 pumps stations.

III. STATEMENT OF NEEDS

A. Generally

The work to be performed under this contract shall consist of grounds maintenance for Utility Maintenance Building, Water Treatment Facility, Wastewater Treatment Facility, and remote sites for mowing and trimming. The areas will be selected and assigned by the Town’s Department of Utilities personnel.

B. Quantities

The quantities specified in this Contract are estimated only. They may not indicate the actual quantity which will be ordered, since such volume will depend upon requirements which develop during the Contract period. Quantities shown shall not be construed to represent any amount which the Town shall be obligated to purchase under the Contract or relieve the Contractor of its obligation to fill all orders placed by the Town.

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C. General Locations

Maps showing general locations of Town utility facilities to be maintained under this RFP are included in Appendix A. It is strongly recommended that all bidders make an on-site inspection of all locations where work will be performed to become completely familiar with the existing conditions. Failure to comply with this requirement will not relieve the successful offeror of its obligation to carry out the scope of the resulting contract at the award amount.

D. General Grounds Maintenance Specifications

1. Rather than specify equipment size or cutting area of equipment, the Contractor must specify what equipment they intend to utilize to fulfill this portion of the contract, and the Town will make the determination if the equipment is acceptable to perform requested work.

2. All equipment guards, chutes and other safety devices are to remain in place and engaged during execution of the work. If any equipment and safety devices are found to be defective the associated equipment must be immediately removed from service and replaced with a functional and safe equivalent piece of equipment without any schedule delay or cost impact to the Town.

3. The Town has full authority to stop work performed under this contract if the Contractor is found to be executing the work unsafely, damaging persons or property, or not following the stipulations within this contract.

4. Air Quality Action Days: When air quality conditions for the following day are forecasted to be “Code Red” or “Code Purple”, mowing operations for that day are to be suspended. Mowing may resume when forecast is changed to “Codes Orange, Yellow or Green”.

5. After mowing, all clippings and mowing/edging debris must be promptly removed from pavements, mulched areas, buildings, tanks, vaults, covers, hatch lids, vehicles, and fences.

6. Care should be taken so that no fuel is spilled when refilling equipment or containers. Filling must be done away from storm drains and plants. Fuel spills must be contained and cleaned up immediately per local and federal regulations.

7. Workers must be supervised by a qualified, responsible crew leader.

Equipment operators must be properly trained to safely operate any machinery used. A crewmember able to speak conversational English must

Rev 9/24/26 Page 5 of 36 be on site during work operations. All personnel must also carry proper identification during all work hours.

8. Workers must be courteous to site users and ensure that work operations do not cause hazards or interfere with site use.

9. Dangerous or unusual situations in work areas that affect work performance must be reported to the Town as soon as practical, but no later than twenty-four hours from discovery of the situation.

10. Response Time Emergency Service Calls: the Contractor must acknowledge any Town request for service and respond to the point of contact within one (1) hour of the notification. If weather conditions permit mowing, the Owner will expect the Contractor to complete the requested mowing services within 24 hours.

11. Crews must check in and notify the Town at all locations prior to beginning any work. After award, the successful Contractor will be provided the contact information of Town personnel to be contacted.

12. Trash, branches, rocks or other debris on grounds must be removed before each mowing. Debris must be removed from each site and disposed of legally by the Contractor. A landfill fee-waiver card may be issued to the Contractor which may be used solely for the disposal of debris collected during the performance of this Contract. All landfill receipts shall be forwarded to the Town within two business days after the date of the receipt.

13. Permits: Work under this contract will generally be performed within the

Town’s water and sanitary sewer facilities and remote sites. As a result, no permits have been secured and any additional permits required for this project will be the responsibility of the Contractor.

14. Town Facilities: It is anticipated that most of this scope of work will be performed within existing Town’s facilities.. Any additional areas required by the Contractor for the use of additional access, storage, lay down areas, parking, etc., must be the responsibility of the Contractor.

15. Work areas at some sites may have special access requirements such as entry to locked gates. In some cases, the Contractor may be issued keys or combinations for locks to enter areas independently. The Contractor must lock gates promptly as soon as work on those areas is completed.

At no time shall a contractor break or cut open a locked gate to gain access to a work area.

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16. Protection of Property: The Contractor, including any subcontractors, must, at all times, guard against damage or loss of property t o the Town, other vendors and/or contractors or the public and must be held responsible for promptly replacing or repairing any such loss or damage to the satisfaction of and at no expense to the Town. The Town may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence or accident of the Contractor and any subcontractors.

17. Attire: Contractor must provide and ensure the wearing of protective clothing, masks, eye protection, etc., as required by laws, regulations, ordinances, and/or manufacturer’s instructions for material and equipment. While performing the work required by this contract and even though the business is an independent contractor, the public will perceive i t s employees as employees of the Town. All employees must act accordingly because ultimately the citizens are your employer.

Failure to comply with this could result in immediate cancellation of your contract.

18. Equipment: It must be the vendor’s responsibility to ensure that all equipment used must be properly maintained in order to protect the operator and public/private property including but not limited to warning flashing lights, strobe lights or warning flares. Any equipment that is inoperable, unsafe, or improper for desired use must be immediately removed from the premises. The Town will have the right to reject the use of any specific piece of supplied equipment on site. It must be immediately removed and replaced with another unit used to perform the tasks. All mowers are to be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf.

All mower blades are to be sharp enough to cut rather than tear the grass.

19. Safety: Contractor must be responsible for the supervision and direction of the work performed by i ts employees during a l l work hours . All work and equipment must comply with OSHA standards as well as the Virginia Work Area Protection Manual. Violation of safety practices could result in immediate termination of contract.

20. Traffic Maintenance: During mowing operations traffic must be maintained in accordance with all State and local rules and regulations including the latest edition of the Virginia Work Area Protection Manual.

21. Completion of Work: The Contractor must notify the Town within 24 hours of completion of each cycle for inspection and submit invoice/site completion form to superintendent/director for payment. The Town will review the work to ensure that the work was properly completed. No

Rev 9/24/26 Page 7 of 36 payment will be approved until after the superintendent/director approves the work.

22. Additional or Removal of Property: Any property acquired by the Town during the course of this contract must be serviced in the same manner.

The Town reserves the right to add or delete locations during the term of this Contract.

23. Cleaning Work Site: After completion of the work, the Contractor must clean the work site area, pick up all tools and equipment, and make sure there is no debris or dirt left around the work area. All clippings and mowing or edging debris shall be promptly removed from pavements, mulched areas, buildings, vehicles and fences. The use of mulching mowers is preferred and encouraged, but clippings shall be removed from lawns after mowing if clumps larger than 3 inches are present or if clipping density causes turf to be more than thirty percent covered.

24. Mulched areas must remain free of ruts, compaction and tire tracks caused by mowing equipment. Mowing must be done with appropriate size equipment, in a manner that minimizes scalping, rutting, tire marking and missed areas.

25. Cutting must be done so that clippings are not ejected onto vehicles, permeable pavement, mulched areas, flower beds, walls, windows, drains, gutters, storm water structures, bio-retention beds, etc. The Contractor must take special care not to cause damage or injury when working around vehicles or pedestrians.

26. Mower blades must be sharp enough to cleanly cut each grass blade.

Tearing of the leaf is not acceptable.

27. Mowing around obstructions such as utility poles, pedestals, signs, etc.

must be within 24” of item and then weed eating of grass/brush around these items shall be handled by the Contractor.

E. Utility Remote Sites & Main Facilities Ground Maintenance Specifications

1. Proposals must be for equipment, operator, fuel and all pertinent and necessary items to complete ground maintenance at various remote sites and main facility locations. Proposals must be based on a weekly rate to mow each remote site for an estimated approximately 5.5 acres of remote sites and 22.5 acres of main facilities for an estimate of 25 weeks per year. The number of weeks of ground maintenance are subject to change at the Town’s request.

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2. Maintenance work for the remote locations will be performed on a regular weekly schedule during weekdays between the hours of 7:00am and 4:00pm. The Contractor must obtain permission from the Town in writing in order to work outside of these days and hours.

3. Maintenance of this contract must begin approximately mid-April and end the last week in October depending on contract award and weather. The length of mowing season is an estimate and mowing must be done weekly as requested by the Town. The Town will make a final determination of when mowing must and must not be done. The Town will only pay for actual services rendered during a month.

4. The Town will assist the Contractor in locating all mowing areas at the beginning of mowing season. The Contractor must be available for periodic inspections of the sites at the request of the Town and must promptly correct any deficiencies in the services rendered.

5. At the beginning of each season, prior to the start of mowing, the Contractor must provide a tentative mowing route indicating the day of the week each site will be mowed, and the order sites will be mowed each day. The Town will notify the Contractor of any needed changes and the Contractor will be allowed three weeks to adjust the mowing schedule. Following the adjustment period, the Contractor must provide the Town with a written schedule and thereafter mow each site on the same day each week.

6. Unless otherwise noted, all lawn areas must be mowed once per week to a height of 3 to 4 inches. At no time must any grass be mowed shorter than

2.5 inches or be allowed to grow taller than 8 inches.

7. Turf inaccessible to mowers (e.g., against buildings, around posts, on medians, along fence lines and curbs, etc.) must be trimmed to 3 to 4 inches at each mowing. String trimmers and other equipment must never be used to trim against tree trunks or historical structures.

8. Edging of paved areas, curbs and steppingstones must be done at the beginning of each mowing season. It must be repeated as needed, so that root growth of turf or weeks does not extend further than 0.75 inches and foliage growth does extend farther than 3 inches over the edges of pavement, curbs, or pavers.

F. Landscape Labor (Requested by Town)

1. Proposal to include a unit price (hourly rate) for performance of landscape work as requested by Town. Price includes labor, supervision, tools, non-specialized equipment. Materials will be provided by the Town or negotiated separately.

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2. Tasks may include but are not limited to mulching, small plantings, watering using on-site spigots, grading with hand-tools, turf repair, pruning, invasive plant removal, or spring cut-back of ornamental grasses.

3. A written request for services will be provided by Town, outlining specific instructions and specifications for each task. Once scope of work is agreed-on, work must be scheduled at a mutually agreeable date, but must be within two (2) weeks of the written request.

IV. PROPOSAL SUBMITTAL INSTRUCTIONS

A. Submittal Instructions

One (1) electronic copy of your complete proposal, and one (1) electronic copy with any trade secret, confidential, or proprietary information redacted must be submitted. Late proposals will not be accepted. Mailed, telephone, fax, electronic, emailed and verbal offers will not be accepted.

Submit proposals through the Commonwealth’s eProcurement website, www.eva.virginia.gov.

In order to be considered for a contract award, offerors must complete and submit a response to this RFP 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. Offerors 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

Proposals shall be submitted electronically to the Town via the Commonwealth’s eVA website prior to the proposal submission deadline stipulated for this RFP or as amended via any subsequent addenda issued by the Town. Offerors assume full responsibility for the electronic delivery of the completed proposal to www.eva.virginia.gov on or before the deadline for submission. The Town is not responsible for any loss or delay with respect to

Rev 9/24/26 Page 10 of 36 the submission of proposals. Late proposals will not be accepted. Proposals submitted by any method other than via the eVA website will not be accepted.

All required forms and documentation submitted in response to this RFP must be uploaded as one (1) pdf attachment to eVA (www.eva.virginia.gov). The attachment should use the following naming convention: the RFP number and the name of the bidder (i.e. RFP No.

__________________ - Your Company’s Name).

NOTE: eVA will not allow an offeror to upload documents after the deadline set for receipt of proposals. Any submission partially uploaded at the deadline date and time will be considered incomplete and will not be accepted. ANY PROPOSAL

RECEIVED BY THE TOWN AFTER THE DEADLINE FOR SUBMISSION WILL

NOT BE ACCEPTED.

B. Proposal Format

Offerors shall submit proposals in the following format:

1. Proposals shall include a cover letter, the completed RFP Submission Forms, references, supplemental information, and any other information that you deem appropriate.

2. Proposals shall be submitted on 8-1/2” x 11” paper. Proposals are to be prepared simply and concisely. Elaborate artwork, expensive paper, visual, and other presentation aids are not required.

3. Proposals shall be signed by the person or persons legally authorized to bind the offeror to a Contract. Electronic signatures will be accepted by the Town and submission of a proposal through the eVA website constitutes your representation that your firm authorizes the use of electronic signatures.

4. Proposals shall contain no more than thirty (30) pages. All pages in the proposal (i.e. including covers, dividers and tabs, table of contents, executive summary, etc.) will be counted as part of the page count.

5. Each copy of the proposal shall be bound or contained in one PDF, all pages shall be numbered, and shall be organized using tabs in the sequence and format as indicated below:

SECTION 1 • Executive Summary

• Offeror Submission Form (Page 31)

• Acknowledgement of Addenda (Page 32)

• Proposal Protection Disclosure Form (Page 36) SECTION 2 • Offeror’s Experience and History

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• Project Team and Organization Chart

• Client Listing/References (Page 33)

SECTION 3 • Outline of Offeror’s Ability to Meet the Statement of Needs as Outlined in Section III

• List of Equipment SECTION 4 • Price Proposal

(Page 34-35) SECTION 5 • Exceptions to the RFP

C. Proposal Organization

Offerors are encouraged to be thorough in addressing the Statement of Needs and the Proposal Submittal Instructions as outlined in this RFP. Offerors must fully address each of the following items and submit proposals using the following format:

1. Executive Summary: Provide a concise description of all work experiences as they relate to the statement of needs, including but not limited to: background information about organization (i.e. philosophy, ownership, size, facilities, locations, etc.), management structure, the type of organization you represent (i.e.

individual, partnership, corporation, etc.), a detailed history of all mergers and acquisitions, and a copy of the certificate from the State Corporation Commission stating that your firm is authorized to transact business in the Commonwealth of Virginia.

2. Capability and Skill: Describe the qualifications and skills of the organization and project team to provide the services, including but not limited to: offeror’s qualifications to perform the services, qualifications and resumes of team members and other employees who will be managing and performing the services, indicate services to be subcontracted and subcontractor(s) to provide said services, and provide a list of three (3) references from the last five (5) years. The list must include names, address, telephone numbers, and email addresses of contact persons as well as a brief description of the work performed.

3. Services Proposed: Provide a detailed description of the services to be provided under this contract, including but not limited to: overview of the offeror’s understanding of the statement of needs and services to be provided, provide best practice approaches to the Town that will enhance efficiency and effectiveness, address each of the specific requirements set forth in Section III Statement of Needs in order to demonstrate how the proposed solution will meet the specifications requested, and a statement explaining why the offeror’s proposed solution would be the most advantageous to the Town. Offerors must provide a list of equipment that will be used.

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4. Price Proposal: Offeror shall provide proposed fee structure for the Town in the format outlined on the Pricing Form. Any additional pricing outside of the Pricing Form must be included as an appendix.

5. Exceptions to RFP: Detail any exceptions taken to the Statement of Needs and Terms and Conditions sections of this RFP. For each exception, specify the RFP page number, section number, and the exception taken.

D. Proposal Protection

In accordance with Sections 11 and 12 of the Town’s General Terms and Conditions, all proposals submitted in response to this RFP will be open to inspection by any citizen, or interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a firm prior to or as part of its proposal will not be subject to public disclosure under the Virginia Freedom of Information Act only under the following circumstances: (1) the appropriate information is clearly identified by some distinct method such as highlighting or underlining; (2) only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information are identified; and (3) a summary page is supplied immediately following the proposal title page that includes (a) the information to be protected,

(b) the section(s)/page number(s) where this information is found in the proposal, and (c) a statement why protection is necessary for each section listed. The firm must also provide a separate electronic copy of the proposal with the trade secrets and/or proprietary information redacted. Unless all of these requirements are met, the firm’s entire proposal will be available for public inspection.

IMPORTANT:

A FIRM MAY NOT REQUEST THAT ITS ENTIRE PROPOSAL BE

TREATED AS A TRADE SECRET OR PROPRIETARY INFORMATION,

OR OTHERWISE BE DEEMED CONFIDENTIAL. PURSUANT TO

VIRGINIA CODE § 2.2-4342(F), REDACTIONS THAT ATTEMPT TO

PROTECT ENTIRE PAGES OF A PROPOSAL AND/OR PRICING ARE

NOT ACCEPTABLE. IF A PUBLIC ENTITY IS USED ON THE

REFERENCE FORM, THE PUBLIC ENTITY AND ASSOCIATED

CONTACT INFORMATION MUST REMAIN UNREDACTED.

ADDITIONALLY, ANY REFERENCES TO PUBLICLY-AVAILABLE

INFORMATION MUST REMAIN UNREDACTED.

THE TOWN IS NOT BOUND BY THE OFFEROR’S DESIGNATION OF

ANY INFORMATION AS A “TRADE SECRET,” “PROPRIETARY,” OR

“CONFIDENTIAL.” THE TOWN WILL MAKE THE FINAL

DETERMINATION REGARDING THE CHARACTERIZATION AND

EXEMPT STATUS OF ALL INFORMATION. ABSENT A SPECIFIC

PROVISION OF LAW THAT ALLOWS INFORMATION TO BE

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WITHHELD, THE TOWN WILL DISCLOSE THE INFORMATION

REGARDLESS OF ANY SUCH OFFEROR DESIGNATION. AS A

COURTESY, THE TOWN MAY NOTIFY THE OFFEROR OF

DESIGNATIONS DEEMED IMPROPER; HOWEVER, THE TOWN IS

UNDER NO OBLIGATION TO DO SO.

V. QUESTIONS AND INQUIRIES

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

A formal addendum responding to all questions received by the deadline will be made available no later than five business days before the proposal 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 proposal documents. It is the offeror’s responsibility to obtain all addenda from the Town’s website: http://www.leesburgva.gov/bidboard

VI. EVALUATION CRITERIA AND AWARD

A. Evaluation Criteria

Proposals will be evaluated on the following criteria and weighted accordingly:

1. Firm Experience – 20%

2. Key Personnel Experience – 30%

3. Understand and Approach to the Statement of Needs – 20%

4. Price proposal – 30%

B. Selection Process

The selected committee will be comprised of Town of Leesburg staff. The Town Staff will evaluate and rank the proposals using the evaluation criteria stated above and negotiate a contract in accordance with the process for competitive negotiation described in Section 2.2-4302.2 of the Virginia Public Procurement Act (VPPA) for non-professional services.

The Town reserves the right to accept or to reject any or all proposals in whole or in part, to make multiple awards, and to waive informalities in the process of awarding this contract. The Town further reserves the right to make an award of a contract without further discussion of the proposals received provided it is determined in writing that only http://www.leesburgva.gov/bidboard

Rev 9/24/26 Page 14 of 36 one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration. Therefore, proposals should be submitted initially on the most favorable terms that the offeror could propose with respect to both price and technical capability.

C. Contract Award

The Town intends to award a contract to a qualified offeror authorized to transact business in the Commonwealth of Virginia with demonstrated experience similar in nature to that being requested herein. The award of a contract shall be at the sole discretion of the Town.

Award will be made to the offeror whose proposal is determined to be most advantageous to the Town, taking into consideration the above criteria.

The contents of the proposal submitted by the successful offeror will become a part of any contract awarded as a result of this RFP. The successful offeror 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. TERMS AND CONDITIONS

A. Special Terms and Conditions

1. Contract Term: The term of this Contract shall commence on a date that is mutually agreed upon both parties and shall continue in force for one

(1) year. Upon mutual agreement of both parties, this 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 Services 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.

B. General Terms and Conditions

1. Proposal Binding for One Hundred Twenty (120) Days: Offeror agrees that this proposal shall be valid and may not be withdrawn for a period of one hundred and twenty (120) calendar days after the due date.

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

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

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4. Competition Intended: It is the Town’s intent that this request for proposals permits competition. It shall be the offeror’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 RFP 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: Offerors shall thoroughly examine and be familiar with the Town specifications. The failure or omission of any offeror to receive or examine this document shall in no way relieve any offeror of obligations with respect to this proposal or the subsequent contract. The submission of a proposal shall be taken as prima facie evidence of compliance with this paragraph.

6. Exceptions to RFP: Offerors taking exception to any part or section of this

RFP shall indicate such exceptions in their proposal. Failure to indicate any exceptions shall be interpreted as the offeror’s intent to fully comply with the specifications as written.

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

8. 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 proposal due date.

9. Costs Incurred in Responding: This solicitation does not commit the

Town to pay any costs incurred in the preparation and submission of proposals, or to procure or contract for services defined herein.

10. 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.

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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.

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.

11. Disposition of Proposals: All materials submitted in response to this RFP will become the property of the Town. One (1) copy of each proposal shall be retained for official files and will become a public record. Unless proposal protection is properly invoked, these records will be available for public inspection after award of the contract. It is understood that the proposal 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 12. “Trade Secrets and Proprietary Information Disclosure”.

12. Trade Secrets and Proprietary Information Disclosure: In compliance with the Town’s Procurement Policies, all proposals will be available for public inspection. Trade secrets and proprietary information submitted by an offeror in connection with procurement shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, the offeror 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 proposal is proprietary is unacceptable. A statement that the costs are to be protected is unacceptable.

13. Laws and Regulations: The offeror’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.

14. 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

Rev 9/24/26 Page 17 of 36 to the Department of Finance, telephone 703-771-2723. Indicate the BPOL license number on the proposal form.

15. Ethics in Public Contracting: The offeror agrees that it will adhere to

Article 6 – “Ethics in Public Contracting” requirements set forth in the Virginia Public Procurement Act.

16. 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 damage to any persons or property within and around the work site area under this contract.

17. 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 thirty (30) 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 offeror, we reserve the right to procure the commodities and/or services from other sources, and hold the offeror 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.

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18. 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.

19. Not-Used.

20. 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.

21. Discrimination Prohibited; Participation of Small and Minority-

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

22. 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.

23. 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

Rev 9/24/26 Page 19 of 36 subcontract or purchase order that exceeds $10,000, so that the prohibition shall be binding upon each subcontractor or vendor.

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

25. 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.

26. Qualification of Offerors: Each offeror 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 offeror may also be required to show past history and reference which will enable the Evaluation Team to be satisfied as to the offeror’s qualifications.

Failure to qualify according to the foregoing requirements will justify proposal rejection.

27. Liability: The successful offeror 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 offeror that make performance impossible or illegal, unless otherwise specified in the agreement.

28. Expenses Incurred In Preparing Proposal: The Town accepts no responsibility for any expense incurred in the proposal preparation and presentation. Such expenses are to be borne exclusively by the offeror.

29. Protest Of Award Or Decision To Award: An offeror may protest an award or decision to award a contract under procedures as set forth in the

VPPA.

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30. 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.

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

32. Insurance Requirements: Offeror shall secure at its own expense general liability insurance in an amount not less than $2,000,000 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.

Offeror shall also carry automobile insurance in an amount not less than $2,000,000 solely contained in a Commercial Auto Policy or in combination with an Umbrella or Excess Policy. Offeror shall also carry Workers Compensation insurance, which meets the statutory requirements of the Commonwealth of Virginia. In addition, offeror 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 on the Commercial General Liability and Automobile coverages shall be furnished to the Town; such additional insured coverage shall be primary and non-contributory. A copy of the endorsement to the offeror’s policy shall be provided as proof of this requirement. Liability coverage shall contain wording prohibiting cancellation of coverage, failure to renew, or reduction in limit without the insurer first giving thirty (30) days prior written notice of such action to the Town.

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

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 that contract; or

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

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

The offeror will pay interest to the subcontractor on all amounts owed by the offeror that remain unpaid after seven days following receipt by the offeror 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 offeror 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.

34. Prime Vendor Responsibilities: Offerors may propose services that are provided by others, but any services proposed must meet all of the requirements of this RFP. If the offeror’s proposal includes services provided by others, the offeror will be required to act as the prime vendor for all such items and must assume full responsibility for the procurement delivery and quality of such services. The offeror 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 RFP.

35. 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.

36. 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

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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.

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

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VIII. SAMPLE CONTRACT

CONTRACT NO. 500620-FY27-20

MOWING AND GROUND MAINTENANCE 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…