Invitation for Bid for 2024 Grounds Maintenance-Landscaping Services Issue Date: May 9, 2024


Invitation for Bid for
2024 Grounds Maintenance-Landscaping Services
Issue Date: May 9, 2024
Due Date: 6/4/24 @ 2:00 p.m. local time
Project Name: 2024 Grounds Maintenance-Landscaping Services
Project Location: Lake of the Woods Association 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 102 Lakeview Parkway
Locust Grove, VA 22508 540-859-3125
All questions shall be submitted in writing by e-mail, no later than 5/24/24, to: [email protected])
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 6/4/24. 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 102 Lakeview Parkway
Locust Grove, VA 22508
There will be a mandatory Pre-Bid Meeting on 5/21/24. The Pre-Bid meeting shall be held at the Lower Clubhouse Parking Lot (off Lakeview Parkway):
Lake of the Woods Clubhouse 205 Lake of the Woods Way Locust Grove, VA 22508
The Owner seeks to retain the services of a Virginia Licensed Class A Contractor to provide bid for the Grounds Maintenance-Landscaping Services for Grounds priority landscape “A” Areas listed below. 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.
The purpose of this request for proposal is to enter contract with a qualified Contractor for the Grounds Maintenance-Landscaping, for Lake of the Woods Association. The Contractor will work with Lake of the Woods Grounds Foreman to provide services for grounds maintenance -landscaping for Grounds priority landscape “A” Areas. The following list of “A” Areas:
1. Main Gate Entrance
2. Clubhouse
3. Holcomb Building
4. Sweetbriar Park (Includes Sport Turf)
5. Hollyfield Parks
6. Back Gate
7. Spotswood Park
The LOW community covers approximately 2,600 acres with 4,260 lots (850 with lake frontage) distributed among 16 sections. The community has seven “A” Grounds Priority Landscape Areas throughout the community.
The maintenance contract is to provide a combination of the services listed below to various sites all is detailed on the Grounds Maintenance.
The contractor shall perform and carry out the duties listed above, in a satisfactory, professional manner to enhance the premises of the LOWA. The contractor shall provide the project oversight, field supervision, staffing, equipment, transportation, materials, supplies, and any other items needed to perform the Grounds Maintenance- Landscaping. This maintenance shall include but not be limited to application of fertilizers, herbicides, pesticides, watering, pruning, weeding, replacement plantings approved by LOW management, loose trash removal, mowing, leaf removal, permits, irrigation repairs and maintenance, as well as spring and fall cleanup. Contractors must always have a supervisor (Competent Person) on-site while employees are working on property. Contracted employees must follow appropriate health and safety measures as described by OSHA, including but not limited to wearing PPE. All work shall be performed during maintenance business hours, 7:00 am to 3:30 pm, Monday through Friday.
i. Annual, Perennial, Shrub Beds and Playgrounds – All bed areas surrounding trees, shrubs, annuals, perennial, buildings, playgrounds etc. Shall be weeded as often as necessary to discourage unsightly weed growth, this may be done by hand and/or by using herbicides. Dead
flowers removed whenever necessary to enhance the appearance of the bed. Weeds to be controlled by a combination of chemical applications manual removal. Scheduled to be performed March through October.
Spot chemical applications to control emerging weeds. Manual hand weeding also to be performed to help control weeds not controlled by chemical applications. Maintain less than 15% weed coverage.
ii. Paved Surfaces – Paved surfaces shall be weeded as often as necessary to discourage unsightly weed growth. This control shall be accomplished through the selective use of herbicides and mechanical means. Weeds to be controlled by a combination of chemical applications manual removal. Scheduled to be performed March through October. Spot chemical applications to control emerging weeds. Manual hand weeding also to be performed to help control weeds not controlled by chemical applications. Maintain less than 15% weed coverage.
iii. Stone/Mulch Areas – Grass and weeds shall be controlled with suitable herbicides in all gravel, mulch, and ornamental stone areas. Should any unsightly weeds remain after being treated with herbicide, the dead weeds shall then be removed by hand.
iv. Pruning and Trimming – The contractor shall keep shrubs pruned to their intended form. Hedges shall be trimmed frequently to keep pace with growth rate of the plantings. All winter damage is to be removed from trees and shrubs in March of each year. Early flowering trees and shrubs shall be pruned immediately after flowering to encourage next year’s bud growth. A certified Arborist shall supervise all pruning. Clean-up of all clippings and debris required and not considered an added expense to LOWA.
v. Mulch – Previously, LOWA has used bagged mulch in our “A” areas to ensure the quality. We are requesting that the contractor provide comparable mulch to our bagged standard (Scotts Earthgro Brown Wood Shredded Mulch). The mulch shall be consistent with current mulch in place, and consistent in nature. The product shall be free of sand, dirt, gravel, or any other material inconsistent with the purpose of the mulch. Existing mulch beds shall be maintained at a minimum mulch depth of two (2) inches, and a maximum mulch depth of three
(3) inches. Playground areas shall be maintained at a minimum mulch depth of twelve (12) inches.
vi. Spring and Fall Cleanup – Spring and Fall clean-up shall consist of one (1) site visit in April and one (1) site visit in November. Spring clean-up to be completed by April 30th. Fall clean-up is scheduled to be completed by October 24th. The site visits shall include a general clean up, the removal and disposal of all accumulated debris. This debris shall include, but not be limited to leaves, pinecones, pine needles, paper, trash, dead plant debris, cleaning of rain gutters, etc. All collected debris is to be removed from the site at no additional charge to LOW. Examine all trees, shrubs, ground covers, and turf areas, for existing or potential health problems, and provide LOW with written recommendations.
vii. Aeration- The Contractor shall aerate all turf areas once per year in October or November.
viii. Weekly Mowing, Trimming and Clean-Up - The Contractor shall mow turf areas once every seven (7) days, weather permitting. All lawns and grassy areas shall be mowed to a maximum height of three (3) inches or less to present a neat and attractive appearance, grass clippings do not need to be bagged except on the first and last mowing of the season.
Pick up and remove trash and debris from the community sites include parking lots, dumpster areas, fence lines and lawns prior to mowing.
Remove all grass clippings from sidewalks, driveways, building entries, doorways, and parking areas at community sites. All grass and debris must be picked up and disposed of properly.
All areas where turf meets barricades, fences, trees, sewer openings, landscaping or other protrusions/fixtures must be neatly trimmed at each visit. Special care must be taken while trimming
around trees and shrubs. “Weed eater” type trimmers must not be used adjacent to trees and shrubbery.
Hard edging of all sidewalks, driveways, and curbs once per season and as needed.
Weekly soft trimming all edges adjacent to shrub beds, trees, and buildings, tree trunks to be protected from damage.
Estimated twenty-six (26) weekly cuts during the term of the Contract. Season shall be approximately April through October. Only mowing equipment that will not damage the grounds or the irrigation systems may be used on the Properties.
ix. Fertilization and Herbicide – All turf and flower beds areas shall be fertilized three (3) times per year, scheduled at the appropriate time during the season using appropriate formulation for the season and the turf condition with less than 15% weed coverage. Scheduled to be completed between April and September. First application to contain a pre-emergency. Subsequent 3 applications contain high quality complete slow-release fertilizer (delivered at 200 lbs./acre). All turf and flower beds areas shall be treated with herbicide for the purpose of controlling weeds during the season using the appropriate chemicals. Shrub bed fertilizing to be done at appropriate time according to the fertilizer directions and plant needs. Herbicides - Applications to be done using industry standards for safety adhering to all government regulations (SDS, licensing, etc.). Scheduled to be completed between April and September. Include up to 3 gallons per week, post-emergent herbicide for selective control of broadleaf weeds as needed (per campus). Pre-emergent and crab grass control applied in Spring. A notice must be posted in the treatment area 72 hours before the work begins as required by the Virginia Property Owners Association Act (VPOOA).
x. Irrigation Systems – Irrigation system to be activated, monitored, and maintained, and winterized. Spring- Reactivate irrigation. Check timer, valves & sprinklers to ensure efficient & effective irrigation, adjust irrigation system and clocks during the growing season according to the Irrigation Standards prepared by The Utah Irrigation Association. In Season- Monitor, modify & maintain system to remain efficient and effective. Fall- Winterize irrigation system to ensure no damage over the winter. Does not include repairs. Irrigation systems at Holcomb & Clubhouse need to be maintained as part of this contract.
xi. Insecticides – If any plant materials show signs of insect infestation or damage, the Contractor shall provide a written report and a cost quote for treatment at no additional charge to the appropriate LOWA representative. Based on the report and quotation LOWA may or may not proceed with the project. LOWA will issue a Purchaser Order prior to the start of each insecticide job. A notice must be posted in the treatment area 72 hours before the work begins as required by the Virginia Property Owners Association Act (VPOOA).
xii. Irrigation Systems Repairs and Construction – Contractor shall provide a written cost quotation for each job at no additional charge to the appropriate LOWA representative. Based on the quotation LOWA may or may not proceed with the project. LOWA will issue a Purchaser Order prior to the start of each repair job (except for emergency situations). Response Time: Standard response time shall be within three (3) calendar days. Emergency response time must be “Same Day”.
xiii. Replacement Plantings – The contractor shall report to LOWA any plant material not exhibiting normal growth and vigor. If it has been determined that the material is beyond reviving, a written report recommending replacement shall be given at no additional charge to the appropriate LOWA representative. This report shall include Identify the location, size, and type of plant, Identify the reason for the decline and cost of replacement. Based on the report and quotation LOWA may or may not proceed with the project.
LOWA will issue a Purchaser Order for the replacement prior to the start of each job.
xiv. New Landscaping Projects – Contractor shall provide a written cost quotation for Landscaping Projects at no additional charge to the appropriate LOWA representative. Based on the quotation LOWA may or may not proceed with the project. LOWA will issue a Purchaser Order for new landscaping projects prior to the start of each job.
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 Director of Maintenance & Ecology. 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 100% of the work each month on 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.
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 Grounds Maintenance Services.
The IFB Response shall include the following components and be organized as follows:
A. Completed Bid Form for Grounds Maintenance 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 6/4/24 .This written approach should document how the Contractor will execute the demands of the services 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 Grounds Maintenance Services quality objectives and following the recommendations from Landscape Designer.
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 Grounds Maintenance Services areas.
3. The written approach must address the team's plan for the utilization of available staging area. Include 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
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 a 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.
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.
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.
Criteria Maximum Points
Project Approach 20
Personnel qualifications, project organization, experience, and commitment 20
Relevant past & present performance 20
Cost/Price 40
Total 100
The LOWA shall engage in individual discussions with two or more Bidders deemed fully qualified, responsible and suitable on the basis of 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, on the basis of 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.
A. Procurement Schedule
Post IFB (paper and website) May 9, 2024
Release of Invitation to Bid May 9, 2024 Date for Mandatory Pre-Bid Meeting May 21, 2024 Last Day for Questions May 24, 2024
Last Addendum Issued May 28, 2024
Bids Due @ 2pm local time June 4, 2024
Review Bids June 5, 2024
Contract Negotiations June 11, 2024
Board Approval/Award June 15, 2024
B. Contract Term
On or around June 2024 – Jun 2025
A. Attachment “A” – Bid Form for 2024 Grounds Maintenance – Landscaping Services
B. Attachment “B” – Location Maps and Pictures of Project Sites
C. Attachment “C” – LOWA Contract Addendum
Bid Form 2024 Grounds Maintenance-Landscaping Services (Attachment A)
Date: , 2024 To: Lake of the Woods Association, Inc.
102 Lakeview Parkway
Locust Grove, VA 22508 540-972-2254
Contractor: Addenda Received:
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, and other items listed below in accordance with the Invitation for Bid dated May 9, 2024, the Amendments noted below, and the staffing and technical provisions stated above, for the consideration of the following amount:
Base Bid:
Main Gate Grounds Maintenance-Landscaping Services DOLLARS $
Clubhouse Grounds Maintenance-Landscaping Services DOLLARS $
Holcomb Grounds Maintenance-Landscaping Services DOLLARS $
Sport Turf@ Sweetbriar Grounds Maintenance-Landscaping Services DOLLARS $
Hollyfield Parks Grounds Maintenance-Landscaping Services DOLLARS $
Back Gate Grounds Maintenance-Landscaping Services DOLLARS $
Spotswood Park Grounds Maintenance-Landscaping Services DOLLARS $
Number of calendar days from Notice to Proceed to Substantial Completion: Days
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.
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.
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 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:
Specialty: Valid until: FEIN/SSN: Title:
If General Partnership (List Partners' Names) Business Address:
FAX # Telephone #
If Corporation, affix Corporate Seal & list State of Incorporation
(Affix Seal)
Virginia State Corporation Commission ID No.:
Attachment B1. Main Gate Grounds Maintenance-Landscaping Services Attachment B2. Clubhouse Grounds Maintenance-Landscaping Services Attachment B3. Holcomb Grounds Maintenance-Landscaping Services Attachment B4. Sweetbriar Grounds Maintenance-Landscaping Services Attachment B5. Hollyfield Parks Grounds Maintenance-Landscaping Services Attachment B6. Back Gate Grounds Maintenance-Landscaping Services Attachment B7. Spotswood Park Grounds Maintenance-Landscaping Services
2024 Grounds Maintenance-Landscaping Services
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 5/9/24, and Contractor bid response dated 6/4/24, are expressly incorporated into and made part of this Agreement.
Duly Authorized Representatives:
(540) 972-2214
This Addendum is made to that Invitation for Bid response 6/4/24, 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 6/17/24.
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 5/9/24 and Contractor bid response dated 6/4/24, 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.
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: Joe Beckwith, Director of Maintenance & Ecology.
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. The Association shall be named as additional insured.
1. Bodily Injury Liability: At least $1,000,000.00 each occurrence.
2. Property Damage Liability: At least $2,000,000.00 for each accident.
C. Comprehensive Automobile Liability Insurance:
1. Bodily Injury Liability: At least $1,000,000 each occurrence.
2. Property Damage Liability: At least $1,000,000.00 for 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.
It is further understood and agreed that the Contractor shall obtain, at its own cost, all necessary licenses, Orange County building permits, Inspections required and authorizations, 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, 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.
All submittals shall be delivered to the Owners Representative for review and approval.
Within 14 days of a signed contract, submit the list of subcontractors involved with the completion of the work. and a detailed schedule of values.
Within 14 days of a signed contract, submit a detailed schedule of values for the project. Use AIA form G703 or equivalent.
Submit actual samples of materials for color selection in a timely fashion. Submit all color sample for interior material selection.
Substitutions- Items specified are “basis of design”, Substitution request may be submitted and may be considered if the product will be a cost saving or offer a better value.
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 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.
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.
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.
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.
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.
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.
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.
The Contract price shall reflect the Contractor’s Invitation for Bid Form dated June 4, 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.
Use AIA form G702 and G703 or equivalent for payment request. Invoices will be paid within fifteen (15) 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.
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.
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 Director of Maintenance & Ecology.
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 June 4, 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.
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.
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).
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.
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.
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.
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.
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 for the 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.
6 Months
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 June 17, 2024
at 102 Lakeview Parkway Locust Grove, VA 22508
Lake of the Woods Association
Signed: LOWA President
By The Contractor
Signed: President
2024 Grounds Maintenance-Landscaping Services INVITATION FOR BIDS
Sealed bids are invited from qualified contractors for a Virginia Licensed Class A Contractor to provide Grounds
Maintenance-Landscaping Services located in seven locations: Main Gate, Clubhouse, Holcomb Building, Sport Sweetbriar & Hollyfield Park, Back Gate, and Spotswood Park. The project is located at Lake of the Woods, a residential community on Route 3, approximately 15-miles west of Fredericksburg in Orange County, Virginia. Contact Joe Beckwith 540-972-5548 [email protected] for Bid Package.
Two (2) copies of the bid shall be sent in a sealed envelope marked as follows: Lake of the Woods Association, Inc., c/o Joe Beckwith, 102 Lakeview Parkway, Locust Grove, Virginia, 22508. Sealed bids are due by 2:00 P.M., on 6/4/24. The bids will be opened and ranked privately at that time. The contract will be awarded on or around 6/17/24. A mandatory pre-bid meeting will be held on-site, 10:00am, 5/21/24.