Invitation for Bid for 2024 Roads Equipment Storage Barn

5/3/2024

2024 Roads Equipment Storage Barn
Lake of the Woods Association, Inc.
 
Invitation for Bid for
2024 Roads Equipment Storage Barn
Issue Date: May 3, 2024
 
Due Date: May 24, 2024 @ 2pm local time
Project Name: 2024 Roads Equipment Storage Barn Project Location: Lake of the Woods Development
Maintenance Building
114 Fairway Drive Locust Grove, VA 22508
Owner Name: Lake of the Woods Association, Inc.
 
LOWA Project Manager: Michael Armstead
Capital Projects Manager
Lake of the Woods Association, Inc. 102 Lakeview Parkway
Locust Grove, VA 22508 540-859-0669
All questions shall be submitted in writing by e-mail, no later than May 16, 2024, to: marmstead@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 pm local time on May 24, 2024. Bids 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 May 13, 2024 @ 10:00 a.m. The Pre-Bid Meeting shall be held at the site.
Meet at the: LOWA Maintenance Building
114 Fairway Drive Locust Grove, VA 22508
Attendees will meet at the Maintenance Building and will be escorted to the construction site. Bidders are responsible for measurements and the quantification of materials needed to complete this project.
 
2024 Roads Equipment Storage Barn
Lake of the Woods Association, Inc.
 
 
I. INTENT OF INVITATION FOR BID (IFB)
 
The Owner seeks to retain the services of a Virginia Licensed Class A General Contractor to submit bids for the removal and installation of exterior siding, and the replacement of entrance and roofline support beams at our Roads Equipment Storage Barn in the LOWA Maintenance yard at 114 Fairway Drive. 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
 
The Contractor shall perform all the work required of the Contractor by the Contract Documents for the Construction of post frame building (shell only). Contractor covenants with owner to furnish his best skill and judgment, and to see that the work required of the contractor is always done in a good and workmanlike manner. The siding should be 29-gauge galvalume panels, the color (green) should be matched to the existing chemical storage building. The roofing is 29-gauge galvalume panels, the color (gray) should be matched to the existing roof of the chemical storage building. There are two front support beams that are damaged, these should be replaced with 6x6 Perma-Column system. Concrete should be 4 feet, with 10-foot wood member. The Contractor shall also inspect all other structural columns as part of this scope, and provide documentation on the condition to the owner, this is in addition to the two that have been identified to be repaired as part of this scope. Replacement of all front support columns should also be priced as an alternate to the bid scope.
 
The Contractor shall furnish all labor, materials, equipment, and resources to complete the following tasks as described below. All work shall be done in accordance with industry standards and in a workman like manner.
 
Our regular work hours are Monday-Friday 7am-6pm. This can be expanded as necessary at the Contractors request. All extended or weekend work hours must be authorized in writing by LOWA Director of Maintenance & Ecology in advance but due to the schedule restraints, will most likely be granted.
The contractor shall verify existing conditions. The Contractor is responsible for all measurements.
 
The contractor shall coordinate all work with LOWA Director of Maintenance & Ecology to allow everyday access to adjacent amenities for residents, including the Mail Station, Golf Course, and Fareways Cafe.
The Owner wishes to have the Work completed as soon as possible.
 
The LOWA Director of Maintenance & Ecology will work with the Contractor to provide necessary staging areas, waste container locations, and staff parking areas required. The Contractor will be responsible for any damage to the surrounding area used during the installation.
 
Submittals: Before work begins, provide the LOWA Director of Maintenance & Ecology with the manufacturers printed installation instructions.
 
Site visits before or after mandatory pre-bid meetings can be coordinated with the LOWA Project Manager.
 
III. 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 IFB Response shall include the following components and be organized as follows:
 
2024 Roads Equipment Storage Barn
Lake of the Woods Association, Inc.
 
 
 
A. Completed Bid Form for 2024 Road Equipment Storage Barn. This will include a signed Bid Form.
 
 
IV. 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 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 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 generated at final walk-though completed and accepted by the Owners Representative.
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.
 
V. 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 the repair of the Roads Equipment Storage Barn. Be advised the work site is next to private homes.
 
The Sealed IFB Response package shall include the following components and be organized as follows:
 
B. Completed Bid Form.
This will include a signed Bid Form. Including information of any material substitution.
C. Narrative of Project Approach
1. It is imperative that this work be completed as quickly as possible. Bidders will provide the number of calendar days required to complete the work on the Bid Form. The bid must include a fully
 
2024 Roads Equipment Storage Barn
Lake of the Woods Association, Inc.
 
 
detailed and developed schedule to be undertaken by the Contractor to accomplish the Scope of Work in the time proposed on the Bid Form. This approach shall outline the methodology for:
a. Interfacing with the Owner.
b. Interfacing with members of the community and maintaining a safe work area.
c. Maintaining the project’s budget.
d. Schedule of work.
 
2. The written approach must address the team's plan for the utilization of available staging area. Included in the response to this specific item is 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.
 
D. Relevant Past & Present Performance
1. List of similar projects completed in the last 5 years (or longer if necessary) with contact information.
 
E. Qualifications of Key Personnel
1. Site Superintendents and foreman
2. List of Sub-Contractors and experience if necessary. Every subcontractor involved must be approved by the Lake of the Woods Association, Inc.
 
 
 
VI. 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 the timely delivery of Bids. No electronic submissions will be considered.
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.
VII. IFB EVALUATION PROCESS
 
2024 Roads Equipment Storage Barn
Lake of the Woods Association, Inc.
 
 
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 with 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.
D. Completion schedule will be of high importance in the evaluation process.
E. The owner reserves the right to waive informalities.
 
 
VIII. 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 – Schedule duration 30
Personnel qualifications, project organization, experience, and commitment 20
Relevant past & present performance 20
Cost/Price 30
Total 100
 
IX. AWARD OF CONTRACT
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, and certificate of insurance.
 
2024 Roads Equipment Storage Barn
Lake of the Woods Association, Inc.
 
 
 
 
PROCUREMENT SCHEDULE/ CONTRACT TERM
A. Procurement Schedule
 
Release of Invitation to Bid May 3, 2024
Date for Mandatory Pre-Bid Meeting May 13, 2024,10:00 am on site. Last Day for Questions May 16, 2024
Last Addendum Issued May 19, 2024
Bids Due @ 2pm local time May 24, 2024 Review Bids/ Contract Negotiations June 2, 2024 Board Approval/Award June 5, 2024
 
B. Contract Term
On or around June 5, 2024 – August 10, 2024
X. ATTACHMENTS
A. Attachment “A” – Bid Form for 2024 Roads Equipment Storage Barn
B. Attachment "B” – LOWA Contract for Construction
 
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 3, 2024, the Amendments noted below, and the staffing and technical provisions stated above, for the consideration of the following amount:
 
 
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:
 
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 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.
 
2024 Roads Equipment Storage Barn
Lake of the Woods Association, Inc.
 
 
 
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:
 
Phone: Business Address:
 
Email:. 
 
Fax:
 
Virginia State Corporation Commission ID No.: ; or If this business is a Partnership, provide names and addresses below:
 
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”
 
 
CONTRACT
 
BETWEEN
 
 
 
AND
 
LAKE OF THE WOODS ASSOCIATION, INC. (LOWA) FOR
2024 ROADS EQUIPMENT STORAGE BARN
 
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 April 8, 2024 (with attachments), and Contractor bid response dated May 24, 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: PRESIDENT
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 8, 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 May 3, 2024, and Contractor bid response dated May 24, 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. The 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 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 $1,000,000.00 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.
 
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 the Contractor’s employees. All personnel hired by the Contractor shall be thoroughly screened, including police clearance, as permissible by law. The 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 May 24, 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.
 
The Association shall pay to the 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. The 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 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.
 
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: , President
 
 
 
 
 
 
 
 
 
Upon written notification by the Contractor that the work is completed and ready for acceptance, inspections and tests shall be performed by the Contractor as directed by, and in the presence of the District’s Representative. B. All pre-final and final punch list items must be completed.