3/14/2024
Invitation for Bid for 2024 Asphalt Paving Services
Issue Date: March 12, 2024
Due Date: April 25, 2024, @ 2:00 p.m. local time
Project Name: 2024 Asphalt Paving Services Project Location: Lake of the Woods Association, Inc
102 Lakewood Parkway Locust Grove, VA 22508
Owner Name: Lake of the Woods Association, Inc. LOWA Project Manager: Joseph Beckwith #
Director of Maintenance and Ecology
Lake of the Woods Association, Inc 102 Lakeview Parkway
Locust Grove, VA 22508 540-859-3125
All questions shall be submitted in writing by e-mail, no later than April 2, 2024, to: (jbeckwith@lowa.org)
All questions and answers will be provided in writing to all bidders by Addendum. Any instructions not provided in writing are not to be considered as part of the IFB.
Sealed proposals for furnishing the services described herein will be received until 2:00 p.m. local time on April 25, 2024. Bid shall reach the address below by the deadline stated.
Deliver Proposals To: Joseph Beckwith#
# # # Director of Maintenance and Ecology
Lake of the Woods Association, Inc 102 Lakeview Parkway
Locust Grove, VA 22508
There will be a mandatory Pre-Bid Meeting on March 26, 2024, at 10:00 am. The Pre-Bid meeting shall be held at the Lower Clubhouse Parking Lot (off Lakeview Parkway):
Lake of the Woods Clubhouse Lower-Level Parking Lot 205 Lake of the Woods Way
Locust Grove, VA 22508
I. INTENT OF INVITATION FOR BID (IFB)
The Owner seeks to retain the services of a Virginia Licensed Class A Contractor to provide bid for the milling and overlay of approximately 48,999 square yards (approximately 29,767 Tons) of existing asphalt road, golf cart paths, basketball and multi-purpose courts, parking lots, and walking paths. Areas are located at various sections of Lake of the Woods Association, Inc. common area. The purpose of the Invitation for Bid (IFB) is to solicit bids for selecting a Contractor for the services described herein. This IFB sets forth the minimum performance criteria.
II. SCOPE OF WORK
Contractor shall furnish all labor, materials, equipment, and resources to complete the following asphalt milling and paving as written below. All work shall be done in accordance with industry standards and in a workman like manner.
Contractor responsible for all take-off eliminations and any visible existing conditions.
Contractor is responsible for contacting Miss Utility and shall confirm existing conditions including utilities in the project area and coordinate with appropriate utility companies relating to concerns. Rapidan Service Authority (RSA), Verizon, Comcast, Fiberlync, and Rappahannock Electric Cooperative are utility companies serving the Lake of the Woods Association, Inc (LOWA). Any valve covers or manhole covers that need rising will need to be coordinated with RSA prior to starting the scope of work. Contractor shall confirm existing conditions on the golf cart path irrigation lines in the project area and coordinate with IGM and Director of Maintenance and Ecology of LOWA.
Contractor shall coordinate all work with LOWA Director of Maintenance and Ecology to allow everyday access for residents, EMS, and Security.
Director of Maintenance and Ecology will work with Contractor to provide necessary staging areas and staff parking areas required. Contractor shall provide necessary portable toilet facilities for their staff in mutual agreed areas. Contractor shall repair any disturbed areas including turf, gravel lots, and staging areas.
Regular work hours are Monday-Friday 7am-6pm. All Weekend work hours must be authorized in writing by LOWA Project Manager in advance. Overnight work may be a consideration for this phase of the project depending on the timing of project commencement. Coordination with Director of Maintenance and Ecology and LOWA security will be critical to project commencement due to high use and visibility of work area.
BASE BID SCOPE
The following are the tasks that we need to complete in this project subject to availability of funds. Additional information is provided in Attachment B – Project Site Summaries and Location Maps.
A. Lakeview Parkway Resurface (Between 1510 Lakeview Parkway to 3304 Lakeview Parkway) – Lakeview Parkway is in need of rehabilitation in Section 6 and Section 7. In accordance with the enclosed location map the roadway is established from 1510 Lakeview Parkway and proceeds to the southwest along Lakeview Parkway, then turning southeast to 3304 Lakeview Parkway. Contractor shall be responsible for determining station locations in accordance with Attachment B1. The Contractor shall complete approximately 24,444 square yards of milling and paving for a 20 yr. rehabilitation option. Contractor shall complete scope in accordance with the Virginia 2020 Road and Bridge Specifications and any additional requirements noted in this solicitation. Specification section requirements include but may not be limited to:
• Section 208 – Subbase and Aggregate Base Materials for Shoulder back up (Millings is acceptable material for shoulders)
• Section 210 – Asphalt Materials – Performance graded liquid (PG) for the mix design and Tack Coat (non-tracking tack) – no adjustment will be made for liquid cost increases or decreases.
• Section 211 – Asphalt Concrete - Material meeting the VDOT approved SM-12.5D materials.
• Section 304 – Constructing Density Control Strips
• Section 310 – Tack Coat – Payment to be Incidental to SM-12.5D tonnage.
• Section 315 – Asphalt Concrete Placement
• Section 515 – Planing or Milling Pavement
• Section 704 – Pavement Markings and Markers
• Mill 4” of existing and replace with 4” of New Asphalt Concrete (AC) (Typ.).
• Contractor shall be responsible for determining locations in accordance with Attachment B1.
B. Walking Path Lakeview Parkway (To be located between 1510 Lakeview Parkway and 3304 Lakeview Parkway) – Contractor shall create a 3’ foot wide walking path (measured from striping edge) along the “outside of the lake” side of the road from 1510 Lakeview Parkway to approximately 1800 Lakeview Parkway. The walking path will then switch to the “lake side” of the road near 1800 Lakeview Parkway and Harrison Circle and continue from 1800 Lakeview Parkway to 3304 Lakeview Parkway. Contractor shall complete approximately (8,800’LF x 3’W =26,400 SF). 2,933 square yards. Millings may be used for base material. Lay 2” of AC.
• Relocate existing power poles.
• Reshape ditch line as necessary.
• Provide pedestrian crosswalk at Harrison.
• Contractor shall be responsible for determining locations in accordance with Attachment B1.
C. Golf Cart Path, 6 Holes (at Holes 1, 2, 3, 4, 9, and 10) needs rehabilitation (mill/repave). In accordance with the enclosed location map (Attachment B2) the stationing of the golf cart path is established from the cart path entrance at the parking lot through Hole No. 4 and Hole No. 9 through Hole No. 10. Approximately 8,293 square yards. Mill 4” of existing and replace with 4” of New AC.
• Repair drainage area at Hole 3.
• Replace culvert at Hole 10.
• Repair of areas with Alligator Cracking – cutout failed area, prepare subgrade and patch prior to overlay.
• Contractor shall be responsible for determining locations in accordance with Attachment B2.
D. Main Marina Parking Lot – The Main Marina is located at 116 Riverdale Lane. The parking lot for the Main Marina needs rehabilitation and the Sailboat Storage Area requires paving. Contractor shall Mill 3” of existing and replace with 3” of New AC. Approximately 1,819 square yards.
• Provide solution for angled parking issues including parking striping per Director of Maintenance.
• Repair of areas with Alligator Cracking – cutout failed area, prepare subgrade and patch prior to overlay.
• Contractor shall be responsible for determining locations in accordance with Attachment B3.
E. Greensprings Park Basketball Court – Greensprings Park can be accessed via 110 Cloverhill Court. The basketball court at this park needs rehabilitation. Contractor shall Mill 2” of existing and replace with 2” of New AC. Approximately 200 square yards.
• Repair of areas with Alligator Cracking – cutout failed area, prepare subgrade and patch prior to overlay.
• Contractor shall be responsible for determining locations in accordance with Attachment B4.
F. Greensprings Park Multi-Purpose Court – Greensprings Park can be accessed via 110 Cloverhill Court. The multi-purpose court at this park needs rehabilitation. Contractor shall overlay with 2” of New AC. Approximately 136 square yards.
• Repair of areas with Alligator Cracking – cutout failed area, prepare subgrade and patch prior to overlay.
• Contractor shall be responsible for determining locations in accordance with Attachment B4.
ALTERNATE BID SCOPE
It has been requested to obtain pricing to provide resurfacing of Lake of the Woods Way, Chesterfield Court, and an additional section of roadway on Lakeview Parkway (Between Lake of the Woods Way and Spotswood Road). The Contractor shall complete approximately 11,174 square yards of milling and paving for a 20 yr. rehabilitation option. Contractor shall complete scope in accordance with the Virginia 2020 Road and Bridge Specifications and any additional requirements noted in this solicitation. Specification section requirements include but may not be limited to:
• Section 208 – Subbase and Aggregate Base Materials for Shoulder back up (Millings is acceptable material for shoulders)
• Section 210 – Asphalt Materials – Performance graded liquid (PG) for the mix design and Tack Coat (non-tracking tack) – no adjustment will be made for liquid cost increases or decreases.
• Section 211 – Asphalt Concrete - Material meeting the VDOT approved SM-12.5D materials.
• Section 304 – Constructing Density Control Strips
• Section 310 – Tack Coat – Payment to be Incidental to SM-12.5D tonnage.
• Section 315 – Asphalt Concrete Placement
• Section 515 – Planing or Milling Pavement
• Section 704 – Pavement Markings and Markers
• Mill 4” of existing and replace with 4” of New Asphalt Concrete (AC) (Typ.).
• Contractor shall be responsible for determining locations in accordance with the attachments for each Alternate.
• On the Bid Form please provide the additive price to complete each of these sections.
A. ALTERNATE #1 – Lake of the Woods Way (Between Lakeview Parkway and the Clubhouse): Starting at the entrance of Lake of the Woods Way. Approximately 5,521 square yards. Mill 4” of existing and replace with 4” of New AC.
• Provide lane striping and directional markers.
• Provide six (6) pedestrian crosswalks; three each way.
• Provide six (6) asphalt speed tables; three each way.
• Repair of areas with Alligator Cracking – cutout failed area, prepare subgrade and patch prior to overlay.
• Contractor shall be responsible for determining locations in accordance with Attachment B5.
B. ALTERNATE #2A – Chesterfield Court (Cul-de-sac and two (2) side roads): Chesterfield Court is currently paved with Tar and Chip. LOWA would like to obtain pricing to resurface this area with milling and paving for a 20 yr. rehabilitation option. Starting near the entrance of the Chesterfield Court cul-de-sac and extending up the two (2) side roads that stem off the backside of the cul-de-sac. Approximately 1,536 square yards.
• Repair of areas with Alligator Cracking – cutout failed area, prepare subgrade and patch prior to overlay.
• Contractor shall be responsible for determining locations in accordance with Attachment B6.
C. ALTERNATE #2B – Chesterfield Court (Westover Parkway to Cul-de-sac): Chesterfield Court is currently paved with Tar and Chip. LOWA would like to obtain pricing to resurface this area with milling and paving for a 20 yr. rehabilitation option. Starting near the entrance of Chesterfield Court and extending up the cul-de-sac. Approximately 1,139 square yards.
• Repair of areas with Alligator Cracking – cutout failed area, prepare subgrade and patch prior to overlay.
• Contractor shall be responsible for determining locations in accordance with Attachment B6.
D. ALTERNATE #3 – Lakeview Parkway Resurface (Between Lake of the Woods Way and Spotswood Road) – An additional section of Lakeview Parkway needs rehabilitation from Lake of the Woods Way to
Spotswood Road. Contractor shall Mill 4” of existing and replace with 4” of New AC. Approximately 2,978 square yards.
• Repair of areas with Alligator Cracking – cutout failed area, prepare subgrade and patch prior to overlay.
• Contractor shall be responsible for determining locations in accordance with Attachment B7.
III. APPLICATION FOR PAYMENT
A. Submit a Schedule of Values for the project within 10 days of Notice to Proceed. Use AIA Document G702-703 or equivalent for approval by the Project Manager. This will be the document used for analyzing payment requests.
B. When submitting a Payment Application, submit 2 signed hard copies to Owners Representative. To streamline the process, submit an electronic copy for review. Owner will pay 95% of the work in place at the time of the Application after review and approval by the Owners Representative. 5% will be retained until the completion of the job.
C. Each Application for Payment shall be consistent with previous applications and payments as certified by the Owners Representative and paid for by the Owner.
D. Final Payment Application: Administrative actions and submittals which must precede or coincide with submittal of the final payment Application for Payment include the following:
1. Punchlist of remaining deficiencies and proposed schedule of completion.
2. Assurance that unsettled claims will be settled.
3. Proof that taxes, fees and similar obligations have been paid.
4. Removal of temporary facilities and services.
5. Removal of surplus materials, rubbish and similar elements.
IV. INSTRUCTIONS TO BIDDERS
The bidder shall review all available project documents as listed in the Attachments to this IFB, visit and become familiar with the project areas, identify any requirements of the local municipalities (permits, business licenses or other taxes or fees necessary to conduct business in that municipality). The work is for asphalt paving services.
The IFB Response shall include the following components and be organized as follows:
A. Completed Bid Form for Asphalt Paving Services, including all Attachments.
This will include a signed Bid Form.
B. Narrative of Project Approach
1. The bid must include a fully detailed and developed approach to be undertaken by the Contractor for accomplishing the Scope of Work of the Project by July 31, 2024. This written approach should document how the Contractor will execute the demands of the Project by describing the processes, procedures and strategies utilized. This approach shall outline the methodology for:
a. Interfacing with the Owner.
b. Interfacing with members and maintaining a safe work area.
c. Maintaining the project’s budget.
d. Schedule of work.
e. Meeting the Project's quality objectives.
2. The written approach must address the team's plans for minimizing disruptions to the traffic patterns and customary activities in the immediate vicinity of the Project areas.
3. The written approach must address the team's plan for the utilization of available staging area. Included in the response to this specific item the team's plan for the delivery of materials and equipment to the Project site and how such items will be stored or coordinated prior to their need for placement into their permanent positions.
C. Relevant Past & Present Performance
D. Qualifications of Key Personnel
V. IFB SUBMISSION
A. Two (2) copies of the Bid are to be submitted to the attention of the Owner at the mailing address listed on page 1.
B. Proposals are to be submitted not later than the due date and time listed on the first page of this document. Proposals received after the above time and date will be rejected and returned to the sender.
C. Proposals are to be mailed via United States Postal Service, delivered via express delivery services or delivered by a representative of the Bidder to the address above. It is the sole responsibility of the Bidder to insure timely delivery of Bids.
D. Proposals received by the Owner will remain in the possession of Owner and will not be returned to the Bidders.
E. The Owner recognizes the possible existence of confidentiality agreements between a Bidder and previous clients and fully respects such agreements. Any information requested by this IFB that is considered to be confidential between the Bidder and a previous client shall be marked proprietary by the Bidder.
F. The Owner will not be responsible for any costs incurred by the Bidder in the preparation and submittal of a Proposal.
G. In the event the Bidder discovers an error in its Bid after it has been submitted, attention may be drawn to the error in writing and an amendment to the Bid submitted to the Owner, provided the amendment has been received by the Owner on or before the date and time fixed for receipt of Bids, the amendment will be accepted and shall be treated with equal force as the balance of the originally submitted Bid. If an error is discovered after the time and date of receipt of the IFB, the Bidder may withdraw, without penalty, from consideration, but the error correction will not be accepted by the Owner.
VI. IFB EVALUATION PROCESS
A. The opening of the Bids will not be conducted in public.
B. Upon receipt bids will be distributed to the respective participants in LOWA Management for review.
C. LOWA will evaluate and rank the bids and select the leading candidates among the interested Contractors. The Owner may at its sole discretion provide the leading candidates the opportunity to
submit to the Owner a sealed modification to its Cost. Negotiations shall be conducted with the candidate/candidates selected. Price shall be considered but will not be the sole determining factor.
VII. EVALUATION CRITERIA
Bids will be evaluated in accordance with applicable Lake of the Woods Association procurement policies and procedures. Evaluation will be performed to determine the Bidder's understanding of work to be performed, project approach, and potential for completing the work as specified in the solicitation, cost reasonableness, the probable cost to the LOWA, and ranking with competing Bidder's.
Award will be made to that responsible Bidder(s), whose offer(s), conforming to this IFB, is (are) considered best value to the LOWA, considering the Evaluation Criteria in this Section.
EVALUATION CRITERIA:
Criteria Maximum Points
Project Approach 20
Personnel qualifications, project organization, experience, and commitment 20
Relevant past & present performance 20
Cost/Price 40
Total 100
VIII. AWARD OF CONTRACT
The LOWA shall engage in individual discussions with two or more Bidders deemed fully qualified, responsible, and suitable based on initial responses, and with professional competence to provide the required services.
Repetitive informal interviews are permitted. Bidders shall be encouraged to elaborate on their qualifications, performance data, and staff expertise relevant to the proposed contract. At the conclusion of the informal interviews, based on evaluation factors published in the IFB and all information developed in the selection process to this point, the LOWA shall rank, in the order of preference, the interviewed Bidders whose professional qualifications and proposed services are deemed most meritorious. The LOWA reserves the right to make multiple contract awards. No work shall begin on the project prior to LOWA receiving a fully executed contract addendum, performance and payment bonds, and certificate of insurance.
IX. PROCUREMENT SCHEDULE/ CONTRACT TERM
A. Procurement Schedule
Release of Invitation to Bid March 12, 2024 Post IFB (Dodge Construction Network and website) March 12, 2024 Date for Mandatory Pre-Bid Meeting March 26, 2024
Last Day for Questions April 2, 2024
Last Addendum Issued April 9, 2024
Bids Due @ 2pm local time April 25, 2024
Review Bids April 26 – April 29, 2024
Contract Negotiations April 30 – May 1, 2024
Board Approval/Award May 15, 2024
B. Contract Term
On or around May 16, 2024 – July 31, 2024
X. ATTACHMENTS
A. Attachment “A” – Bid Form for Asphalt Paving Services
B. Attachment “B” – Location Maps and Project Site Summaries
C. Attachment “C” – LOWA Contract Addendum
Bid Form for Asphalt Paving Services (Attachment A)
Date: , 2024 Project: 2024 Asphalt Paving Services
Lake of the Woods Association, Inc.
To: Lake of the Woods Association, Inc.
102 Lakeview Parkway Locust Grove, VA 22508
From:
In compliance with and subject to your Invitation for Bid and the documents therein specified, all of which are incorporated herein by reference, the undersigned proposes to furnish all labor, equipment, and materials and perform all work necessary for construction of this Project as well as the associated insurances, performance and payment bonds, and other items listed below in accordance with the Invitation for Bid dated
, the Amendments noted below, and the staffing and technical provisions stated above, for the consideration of the following amount:
Base Bid Scope: Complete milling, paving, and shoulders as specified in the Scope of Work for approximately 37,825 square yards of asphalt. In the price provide the unit costs to complete the scope of work.
Base Bid - Items Description Estimated Quantity Unit Cost/Ton Estimated Tons Subtotal
Lakeview Parkway – 1510 - 3304 24,444 SY $ $
Lakeview Parkway – Walking Path 2,933 SY $ $
Golf Cart Paths – Holes 1, 2, 3, 4, 9, & 10 8,293 SY $ $
Main Marina Parking Lot 1,819 SY $ $
Greensprings Park – Basketball Court 200 SY $ $
Greensprings Park – Multi-Purpose Court 136 SY $ $
Item Description Unit Cost/LF Estimated LF Subtotal
Pavement Striping – Lakeview Parkway and Main Marina LF $ $
Total Base Bid: DOLLARS ($ )
Alternates Bid Scope: Complete milling, paving, and pavement striping as specified in the Scope of Work for approximately 11,174 square yards of asphalt. In the price provide the unit costs to complete the scope of work.
Alternate Items Description Estimated Quantity Unit Cost/Ton Estimated Tons Subtotal
Alternate #1 – Lake of the Woods Way Resurfacing (Lakeview Parkway to Clubhouse) 5,521 SY $ $
Alternative #1 – Lake of the Woods Way Pavement Striping and Crosswalks LF $ $
Alternative #2A – Chesterfield Court (Cul- de-sac and two (2) side roads) 1,536 SY $ $
Alternative #2A – Chesterfield Court Pavement Striping (Cul-de-sac and two (2) side roads) LF $ $
Alternative #2B – Chesterfield Court (Westover Pkwy to Chesterfield Court Cul-
de-sac) 1,139 SY $
Alternative #2B - Chesterfield Court Pavement Striping (Westover Parkway to Chesterfield Court Cul-de-sac) LF $ $
Alternative #3 – Lakeview Parkway Resurfacing – Lake of the Woods Way to Spotswood Road
2,978
SY
$
$
Alternative #3 – Lakeview Parkway Resurfacing – Lake of the Woods Way to Spotswood Road Pavement Striping and Crosswalk
LF
Total Alternate Bids: DOLLARS ($ )
VALUE ENGINEERING
All bidders are encouraged to provide “Value Engineering” suggestions with their bid to assist the Owner in meeting the budget requirements. Please note any possible cost savings items below.
ITEM: COST SAVINGS: ITEM: COST SAVINGS:
TOTAL:
In compliance with the Invitation for Bid and all provisions and appendices attached and referenced therein, and subject to all the terms and conditions set forth herein, the undersigned offers and agrees to furnish the services described in the attached Invitation for Bid. It is understood that this Bid may be modified, by mutual agreement in subsequent negotiations.
If notice of acceptance of this Bid is given to the undersigned within 30 days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will execute and deliver the LOWA contract within 10 days after the contract has been presented to him for signature. The required payment and performance bonds shall be delivered to the Owner along with the signed Contract.
Immigration Reform and Control Act of 1986: The undersigned certifies that it does not and shall not during the performance of the Contract for this project violate the provisions of the Federal Immigration Reform and Control
LAKE OF THE WOODS ASSOCIATION, INC.
Act of 1986, which prohibits employment of illegal aliens, or knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.
DISQUALIFICATION OF CONTRACTORS: By signing this proposal, the undersigned certifies that this Contractor or any officer, director, partner or owner is not currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government, nor is this Bidder a subsidiary or affiliate of any firm/corporation that is currently barred from bidding on contracts by any of the same. We have attached an explanation of any previous disbarment(s) and copies of notice(s) of reinstatement(s).
I certify that the firm name given below is the true and complete name of the Contractor and that the proposer is legally qualified and licensed by the Virginia Department of Professional and Occupational Regulation, Board for Contractors, to perform all Work included in the scope of the Contract.
Virginia License No.: Bidder:
(Name of Firm)
Contractor Class: By:
(Signature)
Specialty: Valid until: FEIN/SSN: Title:
If General Partnership (List Partners' Names) Business Address:
Telephone # FAX #
If Corporation, affix Corporate Seal & list State of Incorporation
State:
(Affix Seal)
Virginia State Corporation Commission ID No.: ; or
If Contractor is a foreign business entity not required to be authorized to transact business in the Commonwealth under Titles 13.1 or 50 of the Code of Virginia, or as otherwise required by law, please provide an explanation as to why such entity is not required to be so authorized:
ATTACHMENT B
Project Site Summaries and Location Maps
Attachment B1. Lakeview Parkway Resurface and Walking Paths Attachment B2. Golf Cart Path, 6 Holes (1, 2, 3, 4, 9, and 10) Attachment B3. Main Marina Parking Lot
Attachment B4. Greensprings Park – Basketball Court and Multi-Purpose Court Attachment B5. Alternate #1 – Lake of the Woods Way (Between Lakeview Parkway
and the Clubhouse)
Attachment B6. Alternate #2A and #2B – Chesterfield Court
Attachment B7. Alternate #3 – Lakeview Parkway Resurface (Between Lake of the Woods Way and Spotswood Road)
ATTACHMENT B1
Lakeview Parkway Resurface and Walking Paths
102 Lakeview Parkway, Locust Grove, VA 22508 │ T: 540.972.2237
Project Title: 2024 Asphalt Resurfacing Project (Multiple Locations)
Project No(s).: 692.00 and 693.00
Purpose of Meeting: Lakeview Parkway Site Visit Date: February 12, 2024
Meeting Location: 1510 Lakeview Parkway Time: 1:15 p.m.
Attendees: Joe Beckwith, LOWA
Louis Gonzalez, LOWA Barbara DiMiceli, LOWA
Summary
Starting Location and Ending Location
Lakeview Parkway requires resurfacing and lane striping in Section 6 and Section 7. The starting location for this resurfacing work is located in between the addresses of 1510 Lakeview Parkway and 1512 Lakeview Parkway and a directional marker, using white marking paint, has been placed at the starting location (Figure 1). The first stretch of paying continues to 2310 Lakeview Parkway (Figure 2). The second stretch starts at 2310 Lakeview Parkway and ends at 3304 Lakeview Parkway (Figure 3). Markers have been placed at both locations.
Figure 1. Lakeview Parkway – Starting Location and Directional Marker
Figure 2. Lakeview Parkway – End 1st Section/Start 2nd Section and Directional Marker
Figure 3. Lakeview Parkway – End 2nd Section and Directional Marker
Walking Paths
In addition to the roadway resurfacing and lane striping, LOWA would like a 3 ft wide walking path (shoulder) added to the side of the road that is being resurfaced. The walking path (shoulder) will start on the even number side of the street (1510 Lakeview Parkway), also referred to as the
“outside of the lake”. The walking path (shoulder) will continue until the address of 1800 Lakeview Parkway. A crosswalk will need to be placed at the corner of Harrison Circle and Lakeview Parkway after the yellow stop sign (ahead of the sign) (Figure 3). The walking path (shoulder) will then switch to the odd number side of the street at the crosswalk location, also referred to as the “inside of the lake.” The walking path (shoulder) on the “inside of the lake” side will continue until the Ending Location at 3304 Lakeview Parkway.
Figure 2. Lakeview Parkway – Crosswalk/Switch Walking Path Location to Opposite Side of Lakeview Parkway
ATTACHMENT B2
Golf Cart Path, 6 Holes (1, 2, 3, 4, 9, and 10)
14
102 Lakeview Parkway, Locust Grove, VA 22508 │ T: 540.972.2237
Project Title: 2024 Asphalt Resurfacing Project
Project No.: Multiple
Purpose of Meeting:
Meeting Location: Golf Course Cart Path Site Visit
LOWA Golf Course Hole 1 Date: January 29, 2024
Time: 10:05 a.m.
Attendees: Joseph Beckwith, LOWA Louis Gonzalez, LOWA Barbara DiMiceli, LOWA Brian Guilbeau, IGM
Meeting Summary
The golf cart path width is 8 feet (ft).
Hole 1
Paving for Hole 1 will start at the parking lot near Pro Shop (Figure 1). Hole 1 has drainage issues that need to be taken into consideration to limit water flow towards homes (Figure 2). There are trees close to the cart path at this hole. Phil has a list of trees that are too close to the path. There are tree roots near the side path and the side path requires paving (Figure 3). Paving for Hole 1 will end at Lakeview Pkwy (Figure 4). IGM will need to mark irrigation lines prior to project start.
Figure 1. Hole 1 – Starting Location
Figure 2. Hole 1 – Drainage Issues
Figure 3. Hole 1 – Side Path Additional Paving
Figure 4. Hole 1 – Ending Location
Hole 2
Paving will continue from Lakeview Parkway to Holes 2 and 3 (Figure 5). There are trees close to the cart path near the start of Hole 2, including a dead tree (Figures 6). Our root pruner is too large to fit in some areas (Figure 6). IGM will need to mark irrigation lines prior to project start. There is no ending location for this hole; the path continues to Hole 3.
Figure 5. Hole 2 and 3 – Starting Location
Figure 6. Hole 2 – Trees Close to Cart Path including Dead Tree
Hole 3
The Hole 3 cart path continues from Hole 2. There is deterioration at Hole 3 drainage site (Figure 7). The Hole 3 cart path ends at Pine Valley Road (Figure 8). IGM will need to mark irrigation lines prior to project start.
Figure 7. Hole 3 – Drainage Deterioration
Figure 8. Hole 3 – Ending Location at Pine Valley Road
Hole 4
The Hole 4 cart path begins at Pine Valley Road (Figure 9). There are valves and sprinkler heads very close to the cart path at Hole 4 (Figure 10). There are large tree roots next to the path (Figure 11).
The Hole 4 cart path ends at Lakeview Parkway (Figure 12). IGM will need to mark irrigation lines prior to project start.
Figure 9. Hole 4 – Starting Location
Figure 10. Hole 4 – Valve and Sprinkler Heads
Figure 11. Hole 4 – Tree Roots near Cart Path
Figure 12. Hole 4 – Ending Location
Hole 9
The Hole 9 cart path begins at Eagle Ct (Figure 13). The starting point of the cart path at this hole has homes and trees very close to each side of the path (Figure 14). Extra care and equipment staging needs to be taken into consideration. Drainage needs to be considered at this hole near homes. Additional paving will be needed at this hole for two (2) side paths (Figures 15 and 16). The “Y” split near the second side path will also be paved up to the parking lot (Figures 17 and 18). This hole has two (2) ending locations; parking lot near the Pro Shop and Green Street (Figure 18 and 19). IGM will need to mark irrigation lines prior to project start.
Figure 13. Hole 9 – Starting Location at Eagle Ct
Figure 14. Hole 9 – Homes and Trees Near Cart Path (Consider Staging and Drainage)
Figure 15. Hole 9 – Additional Paving, Side Path 1
Figure 16. Hole 9 – Additional Paving, Side Path 2
Figure 17. Hole 9 – “Y” Split
Figure 18. Hole 9 – Ending Location No. 1
Figure 18. Hole 9 – Ending Location No. 2
Hole 10
The Hole 10 cart path begins at Green Street (Figure 19). The cart path at this hole has homes very close to each side of the path; therefore, drainage and extra care for equipment staging needs to be taken into consideration at this hole (Figure 20). The culvert at Hole 10 needs to be replaced (Figure 21). The second drainage area does not need repair. Paving will end at the Y (Figure 22). IGM will need to mark irrigation lines prior to project start.
Figure 19. Hole 10 – Starting Location
Figure 20. Hole 10 – Homes Close to Cart Path and Drainage Issues
Figure 21. Hole 10 – Culvert Damage (Replacement Needed)
Figure 22. Hole 10 – Ending Location
ATTACHMENT B3
Main Marina Parking Lot
15
102 Lakeview Parkway, Locust Grove, VA 22508 │ T: 540.972.2237
Project Title: 2024 Asphalt Resurfacing Project (Multiple Locations)
Project No(s).: 705.00
Purpose of Meeting: Main Marina Parking Lot Site Visit Date: January 31, 2024
Meeting Location: Main Marina Time: 1:50 p.m.
Attendees: Joseph Beckwith, LOWA Barbara DiMiceli, LOWA Louis Gonzalez, LOWA
Summary
The Main Marina parking lot requires resurfacing, additional paving, and striping. This project includes resurfacing the main parking lot (Figures 1, 2, and 3), paving the sailboat storage parking area (Figure 4), and resolving issues with the angled parking spots (Figure 5). Members have expressed concerns with the angled parking spots near the street (Figure 5). The angle parking spots are problematic and not easy to navigate with the other parking spaces. Need a better solution for these spaces.
Figure 1. Main Marina Parking Lot
Figure 2. Main Marina Parking Lot
Figure 3. Main Marina Parking Lot
Figure 4. Sailboat Storage Parking Area
Figure 5. Main Marina – Problematic Angled Parking Spaces
Main Marina
Parking lot resurface, paving of Sailboat Storage Area, and resolve angled parking striping issues.
Legend
0 Gas pump
Lake of the Woods Way Main Marina
Main Marina Parking Lot
ATTACHMENT B4
Greensprings Park – Basketball Court and Multi-Purpose Court
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102 Lakeview Parkway, Locust Grove, VA 22508 │ T: 540.972.2237
Project Title: 2024 Asphalt Resurfacing Project (Multiple Locations)
Project No(s).: 163.00 and 164.00
Purpose of Meeting: Greensprings Park Site Visit Date: January 31, 2024
Meeting Location: Greensprings Park Time: 1:10 p.m.
Attendees: Joseph Beckwith, LOWA Barbara DiMiceli, LOWA Louis Gonzalez, LOWA
Summary
Greensprings Park is located at 110 Cloverhill Ct. The basketball court and multi-purpose court at Greensprings Park require resurfacing.
Basketball Court
The existing basketball court requires resurfacing (Figure 1). The surface does not have lines or striping.
Figure 1. Greensprings Park Basketball Court
2024 Asphalt Resurfacing Project – Greensprings Park Site Visit January 31, 2024
Multi-Purpose Court
The existing multi-purpose court requires resurfacing (Figure 2). This surface does not have lines or striping.
Figure 2. Greensprings Park Multi-Purpose Court
ATTACHMENT B5
Alternate #1 – Lake of the Woods Way (Between Lakeview Parkway and the Clubhouse)
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102 Lakeview Parkway, Locust Grove, VA 22508 │ T: 540.972.2237
Project Title: 2024 Asphalt Resurfacing Project
Project No.: Multiple
Purpose of Meeting: Alternate #1– Lake of the Woods Way Site Visit Date: January 31, 2024
Meeting Location: Lake of the Woods Way Time: 2:05 p.m.
Attendees: Joseph Beckwith, LOWA Barbara DiMiceli, LOWA Louis Gonzalez, LOWA
Summary
Lake of the Woods Way is an Alternate project. Lake of the Woods Way starts at Lakeview Parkway across from the guard station at the entrance of the community (Figures 1 and 2) and continues up and around the Portico at the Clubhouse.
Figure 1. Lake of the Woods Way – Entrance
Figure 2. Lake of the Woods Way – Starting Location
Parking Areas
There are two (2) parking areas at the entrance/exit of Lake of the Woods Way (Figures 3 and 4). Both sides require resurfacing and parking lot line striping.
Figure 3. Entrance Lane Parking Area (Right Side)
Figure 4. Exit Lane Parking Area (Left Side)
Roadway to Clubhouse
The roadway begins at the back end of the parking lot (Figure 5), continues up to the Clubhouse, circles around through the Portico and then continues back down towards the entrance. (Figures 6, 7, 8, and 9). Directional markings are required on this roadway (Figures 9 and 10). There is an adjacent parking lot near the Portico that is not included in the project (Figure 10).
Figure 5. Entrance to Roadway Leading to Clubhouse (Right Side)
Figure 6. Lake of the Woods Way
Figure 7. Lake of the Woods Way
Figure 8. Lake of the Woods Way – Passes through Portico
Figure 9. Lake of the Woods Way
Figure 10. Adjacent Parking Lot and Directional Marking
Crosswalks and Speed Bumps
There are three (3) sets of crosswalks (total of 6) that extend across each lane of Lake of the Woods Way (Figures 11 through 16). These crosswalks will need to be restriped as part of the project. In addition, LOWA would like speed bumps installed before each crosswalk (Figures 11 through 16) to help slow traffic down prior to approaching the crosswalk areas.
Figure 11. Crosswalk No. 1 (Entrance Lane Side) Striping and Speed Bump
Figure 12. Crosswalk No. 1 (Exit Lane Side) Striping and Speed Bump
Figure 13. Crosswalk No. 2 (Entrance Lane Side) Striping and Speed Bump
Figure 14. Crosswalk No. 2 (Exit Lane Side) Striping and Speed Bump
Figure 15. Crosswalk No. 3 (Entrance Lane Side) Striping and Speed Bump
Figure 16. Crosswalk No. 3 (Exit Lane Side) Striping and Speed Bump
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Image © 2024 Airbus
ATTACHMENT B6
Alternate #2A & #2B – Chesterfield Court
102 Lakeview Parkway, Locust Grove, VA 22508 │ T: 540.972.2237
Project Title: 2024 Asphalt Resurfacing Project
Project No.: Multiple
Purpose of Meeting: Alternate #2A and #2B – Chesterfield Ct Site Visit Date: January 31, 2024
Meeting Location: Chesterfield Ct Cul-de-sac Time: 2:20 p.m.
Attendees: Joseph Beckwith, LOWA Barbara DiMiceli, LOWA Louis Gonzalez, LOWA
Summary
The Chesterfield Ct cul-de-sac needs paving. The road is currently paved with Chip and Tar. LOWA would like to get an estimate for paving the cul-de-sac and its two (2) small side roads that stem off the cul-de-sac (Alternate #2A) and the main portion of the road of Chesterfield Ct (Alternate #2B).
Alternate #2A
The cul-de-sac starting location is shown in Figures 1. The starting and ending locations for each side road are shown in Figures 2, 3, 4, and 5.
Figure 1. Alternate #2A Chesterfield Ct – Cul-de-sac Starting Location
Figure 2. Alternate #2A Chesterfield Ct – Side Road 1 (Left) Starting Location
Figure 3. Alternate #2A Chesterfield Ct – Side Road 1 (Left) Ending Location
Figure 4. Alternate #2A Chesterfield Ct – Side Road 2 (Right) Starting Location
Figure 5. Alternate #2A Chesterfield Ct – Side Road 2 (Right) Ending Location
Alternate #2B
Alternate #2B begins at the start of Chesterfield Ct (intersection of Westover Parkway and Chesterfield Ct (Figure 6) and continues up to the Cul-de-sac Starting Location (Figure 7).
Figure 6. Alternate #2B Chesterfield Ct – Main Road Starting Location (Intersection of Westover Parkway and Chesterfield Ct)
Figure 7. Alternate #2B Chesterfield Ct – Main Road Ending Location
ATTACHMENT B7
Alternate #3 – Lakeview Parkway Resurface (Lake of the Woods Way to Spotswood Road)
102 Lakeview Parkway, Locust Grove, VA 22508 │ T: 540.972.2237
Project Title: 2024 Asphalt Resurfacing Project (Multiple Locations)
Project No(s).: Newly Identified
Purpose of Meeting: Lakeview Parkway Resurfacing from Lake of Date: March 05, 2024
Meeting Location: the Woods Way to Spotswood Site Visit
Main Marina Time: 9:00 a.m.
Attendees: Barbara DiMiceli, LOWA
Summary
Lakeview Parkway requires resurfacing from the intersection of Lakeview Parkway and Lake of the Woods Way (Figure 1) continuing to the intersection of Spotswood Road. The resurfacing will stop before the Spotswood Road intersection (Figure 2).
Figure 1. Starting Location
2024 Asphalt Resurfacing Project – Lakeview Pkwy Resurfacing – LOWW to Spotswood Rd March 5, 2024
Figure 2. Ending Location
Image © 2024 Airbus
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600 ft
ATTACHMENT C
CONTRACT
BETWEEN
AND
LAKE OF THE WOODS ASSOCIATION, INC. (LOWA) FOR
2024 ASPHALT PAVING SERVICES
SECTION 1
By signing below, the parties agree to be legally bound to this agreement with its General Terms and Conditions and Exhibits attached hereto, which for a binding and enforceable part of this agreement. The SECTION 2 CONTRACT ADDENDUM, LOWA Invitation for Bid dated March 12, 2024, and Contractor bid response dated April 25,2024, are expressly incorporated into and made part of this Agreement.
Duly Authorized Representatives:
LAKE OF THE WOODS THE CONTRACTOR ASSOCIATION, INC.
BY: BY: NAME: NAME: TITLE: PRESIDENT TITLE: ADDRESS: 102 LAKEVIEW PARKWAY ADDRESS: LOCUST GROVE, VA 22508
(540) 972-2214
EFFECTIVE DATE: , 2024
Section 2 CONTRACT ADDENDUM
This Addendum is made to that Invitation for Bid response dated April 25, 2024, from
(the Contractor”), to Lake of the Woods Association, Inc. (the “Association”) (the said letter is herein referred to as the “Contract”) is made this day of 2024.
The parties agree that the following provisions are attached to and become a part of the Contract, attached hereto as Section 1, LOWA Invitation for Bid dated March 12, 2024, and Contractor bid response dated April 25, 2024, and that the items herein modify and supersede any conflicting provisions contained in the Contract to which this addendum is attached and incorporated. The aforementioned documents and this Contract Addendum will be referred to as "The Agreement".
The parties intend that an independent contractor relationship will be created by this contract. Contractor is not to be considered an agent or employee of the Association for any purpose, and the employees of the Contractor are not entitled to any of the benefits that the Association provides for the Association's employees. It is understood that unless otherwise agreed to in writing, the Association does not agree to use Contractor exclusively. It is further understood that Contractor is free to contract for similar services to be performed for other owners while Contractor is under contract with the Association.
1. NOTICES
All notices given hereunder shall be in writing to parties at their respective addresses, or by actual delivery. In the case of the Association at 102 Lakeview Parkway, Locust Grove, VA 22508, Attention: Joseph Beckwith, Director of Maintenance and Ecology. In case of the Contractor: at
2. INSURANCE & BONDING
Contractor shall secure, pay the premiums for, and keep in force, until the expiration of the Agreement, insurance in such amounts and written by companies acceptable to the Association and in the dollar amounts hereinafter specified or as required by law, whichever is greater.
A. Workman’s Compensation in amounts and with coverage as required by all applicable laws.
B. Comprehensive General Liability (or Blanket Liability) including Contractual Liability.
1. Bodily Injury Liability: At least $1,000,000.00 each occurrence.
2. Property Damage Liability: At least $2,000,000.00 each accident.
C. Comprehensive Automobile Liability Insurance:
1. Bodily Injury Liability: At least $1,000,000.00 each occurrence.
2. Property Damage Liability: At least $1,000,000.00 each occurrence.
A certificate of insurance, in form and content acceptable to the Association shall be submitted to the Association prior to the commencement of any work under this Agreement. The Contractor shall promptly notify the Association of any material change in such coverage, including, without limitation, changes in coverage, limits, exclusions, any cancellation, etc., and shall immediately furnish to the Association copies of any changes, endorsements, or notices with respect to the same. The Association shall be named as additional insured under General Liability, Automobile Liability and Umbrella as respects to work performed by the Named Insured and a Waiver of Subrogation applies in favor of Lake of the Woods Association, Inc. on these policies as well as the Workers Compensation Policy.
D. Contractor is required to obtain, pay for, and provide to the Association a performance and payment bonds for the full amount of the contract.
3. PERMITS
It is further understood and agreed that the Contractor shall obtain, at its own cost, all necessary licenses, bonds and/or governmental permits and authorizations, if any, prior to commencement of any work under this Agreement. Contractor shall, at all times, remain in compliance with the provisions and conditions of any licenses, bonds, and/or governmental permits or authorizations, and any applicable ordinances or laws, and Contractor shall, at all times, obey and comply with the lawful direction of governmental authority.
4. SUBCONTRACTORS
The Contractor shall not subcontract for any portion of the work without the prior written consent of the Association, including any warranty work after completion of the project.
Contractor shall furnish duly qualified personnel and experienced employees and foremen or supervisors to carry out the work to be performed by Contractor under the Agreement. Persons hired by the Contractor shall be and remain Contractor's employees. All personnel hired by the Contractor shall be thoroughly screened, including police clearance, as permissible by law. Contractor shall comply with the instructions pertaining to conduct and building regulations, issued by or on behalf of the Association, or other duly appointed official designated by the Association. Contractor shall at all times enforce strict discipline and maintain good order among the workmen engaged in the work and shall cause such workmen to observe all reasonable fire prevention, security and safety rules and regulations in force at the work site.
Contractor shall provide adequate supervision at all times of the work which Contractor's employees are performing under this Agreement to insure its completion and satisfactory performance in accordance with the terms of this Agreement. In the performance of the work herein contemplated, Contractor is an independent contractor with the authority to control and direct the performance and the details of the work. However, the work contemplated herein must meet the approval of and shall be subject to the general right of inspection and supervision of the Association to secure the satisfactory completion thereof.
5. MECHANICS LIENS
The Contractor shall provide the Association, a RELEASE OF LIENS signed by all subcontractors and material men, upon request and prior to any interim or final payment.
6. CANCELLATION FOR BREACH OF CONTRACT
In the event of violation or breach by the Contractor, or any of its agents, or employees, of any of its agreements contained in this Agreement, the Association, shall have the right to declare this Agreement null and void and the Association shall be entitled to recover all attorney's fees and costs and any other damages associated with such a violation or breach.
7. SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is adjudged by the courts to be illegal or in conflict with any law of the Commonwealth of Virginia, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.
8. INDEMNIFICATION
Contractor agrees to indemnify, defend, and hold harmless the Association, its officers, directors, agents, servants, employees, successors and assigns, from and against any and all claims, suits, judgments, damages, or causes of action of any kind, nature, or description whatsoever, including any and all costs, attorney's fees, or expenses arising from any such claims, suits, judgments, damages, causes of action, or from the Contractor's performance of this Agreement, as well as any actions or inaction during the course of this Agreement by any of Contractor's officers or shareholders, agents, servants, employees, guests, invitees, and those doing business with the Contractor. The Contractor will also be responsible for paying any and all costs and attorneys’ fees incurred by the Association due to the breach or alleged breach of this Agreement or any part hereunder.
9. EQUIPMENT AND MATERIALS
Contractor shall bear all responsibility for any equipment owned or rented by Contractor, or for any material to be used by Contractor in the performance of this Agreement, unless and until such material is installed and accepted by Association. Association shall not be responsible
nor held liable for any bodily injury or damage to persons or property resulting from the use, misuse, or failure of any equipment used by Contractor or any of its employees, even if such equipment is furnished, rented, or loaned to Contractor by Association. The acceptance or use of any such equipment by Contractor or any of its employees shall be construed to mean that Contractor accepts full responsibility for, and agrees to indemnify Association against any and all loss, liability, and claims for any injury or damage whatsoever resulting from the use, misuse, or failure of such equipment, whether such injury or damage is to an employee or the property of Contractor, other contractors and subcontractors, Association, or any other persons. All costs and legal fees incurred in connection with such a claim or loss will be the responsibility of the Contractor.
10. NON-DISCRIMINATION
Contractor agrees not to discriminate on the basis of race, color, creed, sex or national origin against any employee or applicant for employment and to comply with the provisions of Executive Order 11246 and Title 24 CFR Part 130. Contractor agrees to comply with any applicable requirements of the Immigration Reform and Control Act of 1986, specifically with respect to employment eligibility verification, and further agrees to indemnify and hold harmless the Association from any liability, costs, judgments, fines, or expenses, including any attorneys' fees, which they may incur as a consequence, directly or indirectly, of Contractor's failure to comply with the requirements of said law.
11. BILLING AND CONTRACT AMOUNT
The Contract shall be a total price of $ , reflected in the Contractor’s Invitation for Bid Form dated April 25, 2024, for the Lake of the Woods Association, Inc. All incidental costs including, but not limited to, travel, printing, copying, binding, telephone, drawings, diagrams and photographs, must be included in the bid amount submitted to the LOWA.
Invoices will be paid within thirty (30) days after approval by the LOWA. In no event shall the amount billed by the Contractor exceed that amount attributed to the work completed as of the date of the bill.
Association shall pay to Contractor all sales and use taxes charged to it that are applicable in the jurisdiction where services are being provided, if any, and Contractor shall be responsible for making all tax payments to the appropriate authorities. The contract price quoted shall be deemed inclusive of such taxes.
12. WARRANTY
Contractor unconditionally warrants that he/it is fully competent and equipped to perform the work required in a professional manner, fully consistent with the goals and objectives of the subject of this Agreement, and the standard of care, skill, and workmanship. During the course of the work hereunder, if the Association notes improper work, the Contractor will cure the same, to the satisfaction of the Association, within 48 hours of notice. Upon satisfactory
completion of the work the Contractor agrees a period for one year for all labor and materials warranty. Contractor shall install products in accordance with manufactures specifications so as not void any said warranty. Contractor agrees to assist in securing fulfillment of warranties provided by the manufacturer on the materials supplied by the Contractor.
MISCELLANEOUS PROVISIONS
13. HOURS OF WORK
Work, unless otherwise specified or requested, shall be performed Monday-Friday between the hours of 7:00am-6:00pm in accordance with work specifications.
Changes to work hours must be approved in writing by the LOWA Project Manager
14. SPECIFICATIONS
A. All services performed by Contractor under this Agreement shall be performed in accordance with the specifications set out in this Contract, Invitation for Bid, and Contractor bid response dated April 25, 2024
B. Contractor shall require that its employees maintain a clean workspace during the project and remove all materials and equipment at the completion of the project. The Contractor shall take precautions to limit damages to surrounding areas including private property and driveway entrances.
15. CHANGE ORDERS/EXTRA WORK
Any changes, alterations or deviations to this contract must be made in writing. In the event of such changes, a written change order must be executed. Extra work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new Change Order. The Order must describe the scope of extra work or change, the cost to be added or subcontracted from the contract, and the effect the order will have on the schedule of progress payments.
16. TERMINATION
With cause, this Agreement may be cancelled by the either party upon seven (7) days written notice (and the affordance of a seven day opportunity to cure the default).
17. ASSIGNMENT
This Agreement shall not be assignable without the prior written consent of the parties hereto. For purposes of this Agreement, assignment includes subcontracting. Use of a subcontractor without the prior written consent of Association shall constitute cause for immediate cancellation of this Agreement.
18. DISPUTES
In the event of a dispute concerning or related to this Agreement, the parties acknowledge and agree that the venue and jurisdiction of such dispute shall be the courts of Orange County, Virginia. In the event of litigation, the substantially prevailing party shall be entitled to recover its actual attorney’s fees and costs, even if such litigation does not result in the entry of a judgment.
19. ENTIRE AGREEMENT
This instrument, composed of addendum and the IFB, embodies the entire agreement between the parties, and no oral agreement or written correspondence shall be held to alter the provisions thereof. To be valid, all subsequent changes and modifications shall be embraced within a written instrument duly executed by both parties.
20. WAIVER
The failure of the Association to enforce any of the terms or conditions contained within the Agreement will in no way alter or be deemed a waiver of any of the Association rights under the Agreement.
21. SIGNATURES
This Addendum and the instrument it amends contains the entire Agreement between the parties, and no statement, promises, or inducements made by either party or agent of either party that is not contained in this written Agreement shall be valid or binding; and this Agreement may not be enlarged, modified, or altered except in writing signed by the parties and endorsed hereon. No provision hereof shall be construed for or against either party hereto by reason that this Addendum or any provision hereof was drafted or presented by such party or their representative. Each of the signatories hereto represents and warrants that he/she has the authority to execute the Agreement on behalf of his/her principal and to thereby bind the principal hereto.
22. CONTRACT TERM
May 16, 2024 – July 31, 2024
This Agreement and any Amendments thereto shall inure to the benefit of and be binding upon the heirs, executors, administrators, assignees, and successors of the respective parties.
IN WITNESS HEREOF, the parties have executed this Agreement on , 2024 at 102
Lakeview Parkway Locust Grove, VA 22508
By: Lake of the Woods Association
Name: , LOWA President
By: The Contractor Name: ,