Attachment F - CO-3 For AE Contract Tyler Building (Form 30-016 modified).pdf

DGS-30-016 CO-3

(Rev. 07/21) Page 1 of 4

CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER

FOR PROFESSIONAL SERVICES

This Contract dated this _______ day of ______________, 2026 is between Virginia State

Corporation Commission ("Owner" or “Agency”) and _______________________________ ("A/E") and is binding among and between these parties as of the date of the Owner's signature.

R E C I T A L S

1. The parties, their Project representatives, and contact information, including the places for delivery of Notice (including email addresses), are as follows:

For the Owner

Virginia State Corporation Commission

1300 East Main Street

Richmond, Virginia 23219

Telephone: ( ) FAX ( )

Email Address:

Owner’s Project Manager:

For the A/E

[Name]

[Address]

[City, State, Zip]

Telephone: ( ) FAX ( )

Email Address:

FEIN/SSN:

SCC ID No.:

Firm License No.:

A/E of Record:

A/E of Record Virginia License No.:

Each party shall notify the other party promptly of a new Notice address. Unless and until Notice of the new address is given in the manner required for Notice, a Notice to such party is sufficient if given to the address set forth in Section 1.

2. The Owner contemplates development of the following project identified as:

Project Title: Tyler Building Renovation Project

Project Code - PC#: 18454

General Project Description:

The Project will entail a full interior renovation of the Tyler Building at 1300 East Main Street, Richmond, Virginia, and replacement of major mechanical, electrical, plumbing, audio/visual, security systems, furniture, fixtures and equipment as well as roof elements. The finished Project will provide modern, attractive, and welcoming office environments that meet the needs of today’s workforce and maintain long-term functional and aesthetic relevance. Courtrooms, hearing rooms, and judicial offices will have an elevated level of finish commensurate with the civic importance of judicial proceedings. Public spaces for accessing and interacting with staff of the SCC Clerk’s

Office and for participating in public hearings and meetings will be finished at the same elevated level as the courtrooms. All ground floor, public access areas, courtrooms, hearing rooms, and public meeting spaces will be renovated to include enhanced security features. Enhanced security

(Rev. 07/21) Page 2 of 4 features also will be utilized to ensure only authorized access to, and the security of, non-public work and office areas. The renovated building shall reflect an elevated judicial and civil presence consistent with the important work of the SCC and harmonious with the General Assembly

Building and other civic buildings in and being developed for the Capitol Square area of Richmond.

See also "Project Description" in the attached MOU.

The Project purposes, functions, criteria and Owner’s general requirements are set forth in the attached:

_____ Attachment C, Project Criteria dated _____________

_____ Other (describe)

3. After competitive negotiation pursuant to the Virginia Public Procurement Act, the Owner has selected the A/E to perform the duties of A/E for the above-described project ("the Project").

4. The A/E understands and agrees that the construction budget and "Design-not-to-exceed" Budget established for the Project is dollars ($ ).

5. The rights and duties of the Owner and A/E are further set forth in the Terms and Conditions of the A/E Contract (CO-3a) and the A/E Manual. The A/E Manual and any subsequent revisions during the course of the Project Design Phase shall apply to this Project and the A/E Services.

6. During competitive negotiations, pursuant to the Virginia Public Procurement Act, the A/E agreed to provide the A/E Services for the Project pursuant to the A/E Contract.

THEREFORE, in consideration of the Recitals set forth above and which are a part of the A/E Contract, and good and valuable consideration as set forth below, the parties agree as follows:

1. Scope of Services

The A/E agrees to gather data for and confirm with the Owner the detailed requirements of the

Project, design the Project, prepare all necessary Plans and Specifications and Contract Documents, administer the Construction Contract, and otherwise comply with all requirements for Basic

Services as set forth in the A/E Contract.

The A/E further agrees to provide the Additional Services specified in the MOU in conformance with the requirements of the A/E Manual and the MOU for such Additional Services and the A/E

Contract.

2. Design-Not-To-Exceed Budget

The A/E agrees to design the Project so that Bids for the Work of the Project can be expected to fall within the "Design not-to-exceed" Budget. The Owner shall inform the A/E in writing of any updates to the “Design-not-to-exceed” Budget. If the low Bid amount exceeds the "Design-not-to-exceed" Budget by less than ten percent (10%), the A/E agrees to assist the Owner in negotiations with the low bidder to arrive at a Contract Price for the Work acceptable to the Owner. If the low

Bid amount exceeds the "Design-not-to-exceed" Budget by ten (10%) percent or more, the A/E agrees, if directed by the Owner, to redesign or modify the design for the Work of the Project as necessary to obtain a bid within the "Design-not-to-exceed" Budget. Such negotiations and/or redesign services by the A/E shall be at no additional cost to the Owner.

3. Total Contract Amount

(Rev. 07/21) Page 3 of 4

The Owner will compensate the A/E for all Basic and Additional Services, including a budgeted reimbursable expense amount, for the Total Contract Amount of dollars ($ ) on the terms and conditions set forth herein and in the MOU, as established and agreed upon during competitive negotiations.

The following items (if any), which are described in greater detail in the MOU, are part of the Total

Contract Amount and shall be paid for as reimbursable expenses in accordance with the provisions of the A/E Manual:

(1)

(2)

The Total Contract Amount shall be adjusted upward or downward by Change Order to reflect the actual amounts approved for reimbursement.

The maximum fee for each phase is set forth in the Payment Schedule below.

4. Payment Schedule eVA Vendor Registration: The A/E shall be a registered vendor in eVA. See the attached eVA

Vendor Registration Requirements.

Payments to the A/E shall conform to the provisions of the Terms and Conditions of the A/E

Contract, Section 21. The A/E agrees to make payments to its Subcontractors and Consultants in conformance with the provisions of the Terms and Conditions of the A/E Contract, Section 22.

The Total Contract Amount shall be apportioned as follows:

a. Basic Services

Design Phase =$

Bid & Construction Phase =$

Total Basic Services Fee =$

b. Additional Services

Additional Services to be provided by the A/E are listed in detail in the MOU.

Total Additional Services Fees =$_________________

c. Budgeted Amount for Reimbursables

Reimbursable expense budget estimates are itemized and described in detail in the MOU.

Total Amount for Reimbursables = $________________

TOTAL CONTRACT AMOUNT (incl. reimb. budget) = $________________

5. A/E Contract Documents

The following documents are incorporated by reference into this A/E Contract as if set forth fully herein:

a. The A/E Manual

(Rev. 07/21) Page 4 of 4

b. Attachment A, eVA Vendor Registration Requirements

c. Attachment B, A/E’s SWaM Procurement Plan

d. Attachment C, Project Criteria

e. Attachment D, Reserved

f. Attachment E, MOU dated _______________

g. Attachment F, Reserved

h. Attachment G, Terms and Conditions of the A/E Contract

i. Attachment H, Supplemental General Conditions

j. Attachment I, SWaM / SDV Business Reporting Form

k. Attachment J, State Corporation Commission Administrative Review of Procurement

Decisions, dated October 6, 2015

6. Authorization to Transact Business

The A/E certifies that, if it is organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership, it is authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law, and that it shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the A/E Contract. The A/E understands and agrees that the Owner may void this A/E Contract if the A/E fails to comply with these provisions.

IN WITNESS WHEREOF, the undersigned have executed this contract on the dates set forth beside their respective signatures.

[Type or Print all data except signatures, which shall be hand-written in ink.]

ARCHITECT/ENGINEER OWNER

By:___________________________________ By:________________________________________ (Signature in ink) (Date) (Signature in ink) (Date)

Name:_________________________________ Name:_____________________________________

Title:__________________________________ Title:______________________________________

ATTEST:_______________________________ ATTEST:__________________________________

(Signature in ink) (Date) (Signature in ink) (Date)