7-Part H - Exhibit E - Samples ITB Construction Contract - DRAFT - 02-09-26.docx

City of Alexandria

Exhibit E: Sample Contract - Construction

(703) 746-4946

FINANCE DEPARTMENT

Purchasing Division Suite 301 – Banker’s Square 100 North Pitt Street Alexandria, Virginia 22314

Fax: (703) 838-6493

CONTRACT

FOR

ENTER CONTRACT TITLE/NUMBER

This Contract, made this ______ day of ______________ 2026, between City of ALEXANDRIA, a Municipal Corporation of Virginia, (hereinafter called "City"), and

Vendor Name Vendor Address

(hereinafter called "Contractor"), each a “Party,” and jointly referred to as “the Parties”:

WITNESSETH:

WHEREAS, City now wishes to retain the Contractor to provide construction services for Contract Name pursuant to Solicitation Number ITB

NOW, THEREFORE, for and in consideration of the payments set forth in Section 5 below, and the mutual promises contained herein, the Parties agree as follows:

1. CONTRACT DOCUMENTS

The following documents are incorporated herein by reference and are made a part of the Contract Documents:

Exhibit IV - City’s written responses to Bidder’s questions, if any. dated Month Day, Year;

Exhibit V - Contractor’s Bid/Response to Solicitation No., dated Month Day, Year, and;

Exhibit VI - Contractor’s Administrative Agreement (Euna Setup).

In the event of any conflict or inconsistency among the Contract Documents, City-issued documents shall govern, and the order of precedence shall be:

(1) written Amendments or Change Orders;

(2) this Contract;

(3) the Solicitation and all City-issued Addenda;

(4) Part C – Construction Special Terms and Conditions;

(5) Part D – General Terms and Conditions; and

(6) the Contractor’s Response and administrative documents.

The City has established the following Contract Number , for this procurement, which is_____. Please refer to this Contract Number in all invoicing and other communications related to this Contract.

2. RELATIONSHIP OF THE PARTIES

A. The Contractor covenants with City to perform the Work required under this Contract to the satisfaction of City, within the care and skill a Contractor would exercise under similar conditions; to cooperate with City, and such other contractors as City may retain; to exercise the Contractor’s skill and judgment in furthering the interests of City; to furnish efficient business administration and supervision; and to perform the Work in an expeditious and economical manner consistent with City’s interests. City agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents.

B. The Contractor shall be responsible for the completeness and accuracy of its Work prepared or compiled in connection with its obligation under this Contract and shall correct, at its expense, all willful or negligent errors, omissions and acts therein which may be discovered. Any damage incurred by City as a result of additional cost caused by such willful or negligent errors, omissions or acts shall be chargeable to the Contractor to the extent that such willful or negligent errors, omissions and acts fall below the standard of care and skill that a registered professional in Alexandria, Virginia would exercise under similar conditions. The fact that City has accepted or approved the Contractor’s work shall in no way relieve the Contractor of any of its responsibilities.

C. The Contractor shall employ a team with the skills necessary, as may be determined by City, to perform the Work as required. The team members shall have the educational and experiential credentials sufficient to ensure acceptable and timely performance of the Work.

D. It is the intent of the Parties that the Contractor shall be legally considered as an independent contractor, that neither it nor its employees shall, under any circumstances, be considered servants or agents of City, and that the City shall not be legally responsible for any negligence or intentional wrongdoing on the part of the Contractor, its servants or agents, resulting in either bodily injury to any person or property damage to any individual, firm, or corporation.

3. SCOPE OF WORK

A. The Scope of ork shall include Part B, Scope of Work; all Solicitation Documents and Addenda, Terms and Conditions, Attachments, and Exhibits; and any properly executed Contract Amendments issued pursuant to the Contract.

B. The Contractor shall coordinate with City, as necessary, in performance of the services as set forth in the Scope of Work.

C. The Contractor shall commence Work only upon receipt of a written Notice to Proceed issued by the City. A Purchase Order, if issued, is for administrative and payment purposes only and does not authorize commencement of Work or changes to the Contract Documents.

4. CONTRACT PERIOD

A. The Contract Period shall be ___ calendar days, commencing on the effective date stated in the Notice to Proceed, unless otherwise modified by an executed Change Order.

5. CONTRACT COSTS

A. City shall pay the Contractor for the Work performed in accordance with the Schedule of Values and Part C – Construction Special Terms and Conditions.

B. Contract prices provided in the Contract Documents shall be fully burdened and shall not be subject to additional mark-up by the Contractor. City shall pay only for Work performed and shall not pay for time in transit to and from City sites.

6. ADMINISTRATION OF THE CONTRACT

City’s Department of Project Implementation or designated representative(s), shall administer the Contract, including any Purchase Order(s) issued pursuant to the Contract, and will be referred to in the Contract Documents as the “Contracting Officer’s Technical Representative (COTR)". Except for protests, claims, requests for changes, disputes, or requests for price adjustments, the Contractor shall forward all communications to City through the COTR. Notices related to protests, claims, requests for changes, disputes, or requests for price adjustments shall be sent to the Purchasing Agent.

7. SUPERVISION

The Contractor shall supervise the Work, and shall be solely responsible for all means, methods, sequences, and procedures and for coordination of all portions of the Work under this Contract. The Contractor shall be responsible for coordination of all subcontractors. The Contractor shall be responsible for all acts and omissions of its employees, its subcontractors, and its subcontractors’ employees performing any Work pursuant to this Contract. A project manager designated in writing by the Contractor for purposes of each Purchase Order shall attend all project meetings with City’s representative or his or her designee. City reserves the right to request replacement of such project manager, or any personnel who are considered not performing in accordance with the Contract requirements.

8. SUBCONTRACTORS

By an appropriate agreement, the Contractor shall require each subcontractor, with which it executes a subcontract, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all of the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward City.

9. PERSONNEL AUTHORIZED TO REPRESENT THE PARTIES

The individuals named below are designated to assume the administration and coordination of all Contract requirements.

A. For City:

(1) Contracting Officer’s Technical Representative (COTR):

(2) Contracting Officer: Changes made to this Contract throughout the Contract period must be authorized in writing by City's Purchasing Agent or his or her designee.

B. For the Contractor:

10. ASSURANCES

Each Party to this Contract warrants the following:

A. This Contract constitutes a valid, binding and enforceable agreement of the Party;

B. The execution of this Contract and the performance of its obligations are within the Party's powers; have been authorized by all necessary actions on behalf of the Party; do not constitute a breach by the Party of any agreement with another party; and will not cause a breach by the Party of any duty arising in law or equity; and

C. The Party possesses the financial capacity to perform all of its obligations under this Contract.

The Parties agree that the failure of any of the above representations and warranties to be true during the Contract Period of this Contract shall constitute a material breach subject to the City’s termination rights under Part D – General Terms and Conditions.

11. SIGNATORIES

The Parties agree that they shall be bound by the contents of this Contract.

Vendor Name Vendor Address

CITY OF ALEXANDRIA, A MUNICIPAL CORPORATION OF VIRGINIA

BY: ______________________________ BY: ______________________________

PRINT NAME: _____________________ PRINT NAME: Tony Esse

TITLE: ___________________________ TITLE: Contracting Officer

DATE: ____________________________ DATE: ____________________________

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