ONANCOCK 1630 VIRGINIA'S EASTERN SHORE  Town Council: Cynthia Holdren, Joy Marino, Sarah. Nock, Maphis Oswald, Paul Weitzel  Mayor: Fletcher Fosque I Town Manager: Matt Spuck  Town of Onancock Town Council Meeting October 15, 2024, at 7:00 p.m.  Agenda  1. Call to order and roll call. 2. Pledge of Allegiance 3. Approve minutes. a. None scheduled. 4. Public Hearings a. None scheduled. 5. Public Presentation: 6. Council Action 7. Council discussion:  a. ESCADV-K Kasey' Walter- Introduction. a. Special Use Permit - Article XV. a. One way - Liberty St. Extension. b. FOS Loan building evaluation. Fence decision - Oak tree. d. Gift of decorative trees. 8. Committee Reports a. None scheduled 9. Public Comment 10. Town Councilmember comments 11. Closed session. a. None scheduled 12. Adjourn  15 North Street I Onancock, Virginia 23417 I 757.787.3363 I onancock.com    PARTI II- CODE OF ORDINANCES Chapter 38 ZONING ARTICLEXV.: SPECIAL USE PERMITS  ARTICLE) XV. SPECIAL USE PERMITS  Sec. 38-496. Statement ofi intent.  Iti is recognized ini this chapter that particular uses are not necessarily incompatible with the uses traditionally associated with standard zoning districts ift the proper mitigating conditions are enacted along with the proposed exception. Therefore, such uses have been designated as special exceptions. Particular uses are generally consistent with the purposes oft the zoning district and the uses allowed by right. Still, they tend to have impacts that warrant case- by- case review 501 that conditions may bei imposed to address thosei impacts. Such uses are allowed int the associated districts upon thet town council issuing as special use permit. The Town Council (Code 1989, $24-92; Ord. eff.6-5-1962; Ord. of3-24-1997; Amd. of 7-14-1997; Amd. of1-26-2004)  strongly considers neighbors' opinions wheni issuing a Special Use Permit.  Sec. 38-497. Procedure. shall be as follows:  An application for a special use permit mayl be submitted by the property owner, contract purchaser with the owner's written consent, or the owner's agent oft the property affected. Procedures for application and review (1) The applicant shall applyt tot the zoning administrator along with a check made out tot the town in the amount provided fori in the fee: schedule on filei in thet town clerk's office. Such application shall be accompanied by detailed proposed land use and a site plan from all angles with measurements, structures, andl landscaping, and may require an impact study of traffic, notice, andi impact on adjacent property. Accompanying maps showing the siting of the proposed use will be required. (2) The zoning administrator shall review the application for completeness, visit thes site, and may request additional information or review by other agencies. The administrator shall transmit a copy of the collected information to the planning commission, which will formulate ar recommendation to thet town (3) Written notice shall be given at least five days before the public hearing by hand delivery to all abutting property owners and property immediately across the street or road from the affected property. (4) The planning commission may appear with the town council at aj joint public hearing unless it has held (5) Thet town council shall hold ap public hearing per Code of Virginia, 5 15.2-2204, to receive public (Code 1989, $24-93; Ord. eff. 6-5-1962; Ord. of3-24-1997; Amd. of7-14-1997; Amd. of2-9-1998; Amd. of1-26-  council.  its public hearing before the Town Council's.  comment andt to decide upon the special use permit application.  2004)  Sec. 38-498. Conditions and bonds.  (a) The town council mayi impose conditions, limitations, or other special requirements asi it deems necessary to protect the public health, safety, and general welfare, sucha as, but not limited to, the following:  Onancock, Virginia, Code of Ordinances  Created: 2023-09-29 09:58:31 (EST)  (Supp. No.6)  Page 1of3  a    (1) Abatement or restriction of noise, smoke, dust, vibration, odors, wastes, or other elements that may (2) Establishing enhanced setbacks on the sides, front, and rear mayl be necessary for orderly expansion (3) Provision for adequate on-site or off site parking, ingress, and egress to public streets and roads (4) Provision for adjoining property with al buffer or shield equal to those established by the zoning district (5) Establish a timel limit for expiration, after which the permit is nol longer valid or requires renewal. The special use permit ceases entirely when the property changes ownership, whether by formal sale or transfer between taxable entities. For short-term rental, the permit expires 36 months from the date of issuance, andt the owner must apply again under the then-current requirements. (b) The town council may require al bond, in a reasonable amount determined by the council, to be payable to the zoning administrator to ensure compliance with thei terms and conditions of any special use permit. (c) After due consideration, the town counçil shall decide and promptly notify the applicant of its decision in  affect surrounding properties. and preventing traffic congestion. necessary to prevent traffic congestion. where the structure exists.  writing withi its justification.  (Code 1989, $24-94; Ord. 165.920405.4392 Amd. of7-14-1997)  Sec. 38-499. Review standards. special use application:  The: zoning administrator, planning commission, and town council shall consider thet following in reviewinga (1) The proposed use and structure appear on the special use permit application within the zoning district. (2) The proposed use or modification of generallya appliçable regulations is compatible with the (3) The proposed use ors structure complies with the regulations governing individual land and particular (4) The proposed use and structure are consistent with good zoning practices and the Town's (5) The proposed use and: structure will not change the character and established development pattern of (6) Environmental impact. The proposed use shall not significantly adversely impact the natural  surrounding area's character.  uses.  Comprehensive Plan.  the district in whichi it willl be located.  environment.  (8) The concerns and opinions of neighbors are: strongly considered.  (Code 1989,524-95; 04#6538204424, Amd. 01734.5920441136200  Sec. 38-500. Effect of approval; denial.  Effect of approval. issuing a special use permit authorizes the applicant to construct only such structure or conduct only such uses as are specifically made part of the special use permit. No deviations, expansions, or other  Created: 2023-09-29 09:58:31 (EST)  (Supp. No.6)  Page 2of3  3    changes whatsoever shall be made from thet term of the special use permit without the express written consent of Resubmittal of as similar denied application. An applicant may not submit an application that is substantially  thet town council.  the same as the denied application within one year after the date oft the denial. (Code 1989, 524-96;Ord. 151200401324592 Amd.of7-14-1997  Sec. 38-501. Appeal Process. 2285()Code.. Sec. 38-502.  Any action contesting the council's decision under this section shall be as provided in Virginia Code $15.2-  Sec. 38-502. Penalties and Revocation.  The Town leaves notices by directly posting them on the property's front door, regular postal delivery, email, hand delivery, or certified mail. In case the Town cannot reasonably serve notice tot the owner as described, or when such notice is mailed to the owner's last known address as showni int thel Town office and such owner fails to comply with such notice, The Town Manager shall collect a one hundred fifty-dollar ($150.00) service charge per occurrence, under the same procedure andi in the same manner as real estate taxes. This penaltyisareal estate Failure to adhere to the terms oft the notice is a serious matter and punishable as a criminal misdemeanor. The fine for such a violation is substantial, ranging from at least $100.001 to a maximum of $1,000.00 per violation. Itisi important to note that each day the condition persists, iti is considered a separate offense. The town Council may revoke a Special Use Permit if the use violates any condition of approval or applicable  tax lien upon suchl land.  law or regulation. Secs. 38-503. Severability  Suppose any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional. Int that case, such decision shall not: affect the validity of the remaining portions of this  ordinance.  Secs. 38-504--38-523. Reserved.  Created: 2023-09-29 09:58:31 [EST)  (Supp. No. 6)  Page3of3    August 15, 2024  To Matt Spuck and Onancock Town Council:  We, the residents ofLiberty Extension, have seen an extensive increase in the use ofthe "alley way" as a "furrow through. . The vehicles do not maintain thé posted 25 miles per hour and frequently cars passing encroach upon thej private properties. The extension is used by parents strolling their babies, cyclists, walkers, and pedestrians walking their dogs. On several occasions most of us have been nearly hit as we backed our cars out of driveways. UPS, FEDX, and other large trucks roar down the alleyway. Itis a "lane or alley", not a road with the legal width requirements to accommodate two way traffic. Two people trying to pass on this lane or alley cannot pass safely. without either backing up to a main street or passing using our properties. Neither option is safe. People trailer large boats, construction vehicles, etc. and have caused damage to the personal property (cutting the corners too close or moving into the yards) ofthe residents whose We respectfully request that you consider and approve that Liberty Extension  homes are within the lane.  becomes a one way lane with a 15 mile speed limit.  Thank you in advance,  Dee and Joe Hill Karen Crockett Michael and Bobbie Lohr  VC   *  BvEpa h    Robin Patteson Balui bdai  3    September 30, 2024 24-BWH-0278  AWBENGINEERS  Mr. Matt Spuck 15North Street Onancock, VA23417 matspuagomancoek.com  RE: Assessment ofBuilding Conditions Historic Onancock School Onancock, VA  Dear Mr. Spuck:  AWB Engineers is pleased to offer a proposal on a time and materials basis to visit the above referenced building and observe the existing conditions. Based on our site visit, we will prepare a report of our observations and make recommendations for repairs that may be needed and the recommended sequence they should be completed in. Within the report we also provide  rough cost estimates for the recommendations we provide.  The charges would be in accordance with the Fee Schedule for Professional Services and subject to the Standard Terms and Conditions Between Engineer and Client that are both a part  ofthis proposal.  We propose toj perform the services on a time and materials basis with a not to exceed fee of $5,500.00. If this proposal is acceptable to you, please sign and return a copy and it will  constitute our contract.  Sincerely,  Benjamin Hallett, P.E. Mechanical Project Engineer  Proposal Accepted by: Authorized Signature  Date  ENGINERS/ARCIIECIS  19421 NORIHWOOD! DRIVE /SAUISBURY, MAIAND7180-724  PHONE (410) P/IXAI9/20I,    Mr. Matt Spuck 24-BW/H-0278 Page2of3 1. 2. 3. 4.  Standard Terms and Conditions Belween! Engineer and Client  The Engineer, Andrew W. Boolh & Associates, Inc. (also known as AWB Engineers), shall perform professional services in accordance with generally accepted engineering practices.. Services are rendered without any other. warranty, expressed or implied. The Engineer shall bei responsible solely for his negligence, The Client recognizes that the Engineer's services require decisions, Invoices will be issued monthly. for services rendered and shal! be payable upon receipt. Amounts unpaid 30 days after the invoice date arc subject tos a 1-1/2% per months service charge. Changes affecling the scope of work initiated by the Client will necessitate modifiçalion of the compensation charged. Changes affecting the sçope. of work due to unforeseen conditions must bc approved in All claims, counterclaims, disputes and other matters inc question betyeen the parties hercto arising out of or relatingt tot this Agreement: or breach thereof will be decided. by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration. Association. The award rendered by the arbitrators will: be final; judgment may bc entered upon iti in any court having jurisdiction thereof, and will not bes subject to modification or appcal excepl as permitted by the Federal Arbitration. Act. The Client shall advise the Engineer in writing, prior lo commençement of design, of budgetary. limitations for the cost of construction. The Engincer shall endeavor to work within such limitations. Ifi included in the scope ofs services, the Engincer shall prepare an estimate of probable construction costs. Such estimates represent the Engineer's best judgment as a design professional, but dor not warrant that bids or negotiated prices will not yary from such çonstruction cost estimates. Itis recognized that neither the Engincer nor the Client has controi over the cost of labor, materials or equipment, nor over the methods by which the Contractors Ina accepting and utilizing any drawings, reports and data ons any form ofe clectronic media generated andj provided by thel Engincer, the Client covenants and agrees that all such materials arei instruments ofs service oft the Engineer, who shall be deemed the author, and shall retain all çommon law, statutory law and other rights, including copyrights. Underi no circumstançes shall delivery of drawings or The Client agrees not to reuse these electronic files, in whole ori in part for any purpose or project other. than the project that is the subject oft this Agreement. The Client agrees not to transfer these elecironic files to others without the prior written consent oft the Engineer. The Client further agrees lo waiye all claims against the Engineer resulting ins any way from any unauthorized changes or In, addition, the. Client agrees, to the fullest extent permitted by law, toi indemnify and hold the. Engineer harmless from any damage, liability or cost, including reasonable. attomeys' fees and costs of defense, arising from any changes made by anyone other than the Engineer or from any reuse oft the clectronic files without the prior written. consent oft the Engineer, The Client agrees to waive any In' recognition of the relativye. risks and: benefits of the project to both' the Client, and the. Design Professional, the risks have been allocated such that the Client agrees, tot the fullest extent permitted by law, tol limit the liability of the Design] Professional and his or her subconsultants to. the Client and to all' construction contraçlors and subcontractors. on the project for any and all claims, losses, costs, damages of any nature. whatsoever or claims expenses from any. cause. or causes, so that the total aggregate liability of the Design Professional and his or her subconsultants to all those named shall not exçeed thc Design Professional's (otal' fee fors services rendered on this project. Such. claims and çauses include, but are not limited lo negligence, professional errors or omissions, stricl This agreement may bel lerminaled by cither party upon seven (7) days written notice. In the event of any termination, thel Engineer 10. Should the Client not retain. the Engincer during the construction phase, or should the Client substantially restriçt the Engineer's performance. during the construction phase, or. should. the. Engineer at the direction of the Client for any reason not. perform construction. reyiew during the full period of construction, the Engineer shall not have the abilily, to perform a complete service. In such a case, the Client shall not hold thel Engineer responsible fors any claim or! liability for injury orl loss arising from problems during 11. The Engineer shall not ber responsible for the means, methods, procedures, techniques, or sequences of construction, nor fors safety on thej jobs site, nor shall the! Engineer ber responsible for the failure oft the Contractor to carry outt the worki ins accordance with the contract documents. All required building permits will. be in the hands of thc, client prior to any. construction. Should construction begin without all permits, the Engineer will be held harmless int the event changes arc required by permitting authorities. The Statute of Limitations shail begin 10 accrue or run: no later than the datc' of substantial completion regardless of when. the alleged error or 12. The Engineer: shall, rely on the accuracy. of all information. provided directly or indirectly. by the. client, the client's engineer, contractor, or proposed. equipment or material supplier, including drawings, sketches, specifications, and reports of existing conditions. Unless specifiçally. noted in the proposal, the Engineer has not included thei investigation and verification ofi information provided. The. Client agrees, tot the fullest extent permitted by law, toi indemnify and hold the Engincer harmless from any damage, liability or cost, including reasonable attoreys' fees and costs ofc defense, arising from the Engineers use ofi incorrect ori incomplete  which aret based uponj judgments, including the economic feasibility of altemate designs. riting by the Client priort to1 modification ofthe compensation charged.  determinc prices for construction.  5. 6. 7.  electronic files for usel by the Client be deemed tot bea as sale byt thel Engineer. reuse oft the electronic files for any. other project by anyone other than the Engineer.  and all consequential damages against thel Engineer,  liability, breach of contract or warranly.  9.  shall bep paidf for alls service and expenses rendered to the date ofterminalion.  construclion.  omission is discovered,  data supplied by the Client.  9/08    Mr. Matt Spuck 24-BWH-0278 Page3of3  FEE SCHEDULE FOR PROFESSIONAL SERVICES INVOICED MONTHLY PAYABLE UPON RECDIPT  DESCRIPTION Principal Engineer Principal Architect Project Architect Project Engineer Project Manager Staff Architect Staff Engineer Design Tech Manager Intern Architect Engineering Tech Senior Design' Tech Design TechI II Design TechI Civil Department Coordinator Surveyor Survey Crew Chief Survey. Technician: Clerical Expert Testimony  HOURLY RATE 185.00 185.00 130.00-150.00. 130.00-150.00 120.00-140.00 110.00-130.00 110.00-130.00 130.00 90.00-120.00 90.00-120.00 90.00-100.00 85.00 75.00 75.00 150.00 100.00 80.00 60.00 2.5xl hourly rate  REIMBURSABLE: EXPENSES  Blueline /Blackline Prints Color Blueline 7Blackline Prints Single Sided] Photo Copies Double. Sided Photo Copies Color Copies Mylar [Reproducible Field Equipment Usage Other Reimbursables  $2.75 per sheet $5.00 per sheet $.15 per copy $.20 per copy $1.00 per copy $ 50.00 $50.00/day AtCost Plus 15%  (Mileage @ Current IRS Standard Mileage Rate, Lodging, Tools, Meals, Supplies, Rentals, Photos, Consultants, Travel, Digital Reproduction, Misc., etc.). *NOTE: Above costs subject to additional time requirements and costs for archive retrieval asi identified at time of request. The release of design drawings and computer disks for the project defined and/or the use inj part or whole on any other project is strictly prohibited.  3/16/23    MCPHERSON DESIGN GROUP STRUCTURAL ENGINEERS Structural Engineers with Pracuical Solutions  October 9,2024 Mr. Matthew Spuck Town of Onancock 15 North Street Onancock, Virginia 23417 RE: Facility Condition. Assessment Historic Onancock School Community and Cultural Center 6College Avenue Onancock, Virginia  Mr. Spuck:  McPherson Design Group is pleased to provide this fee proposal for engineering services on the above referenced project. We understand that our scope of work will include a site visit to the historic building and evaluate the existing facilities. The primary focus of the evaluation will be the HVAC: system. In particular, whati items should be replaced andi in what order. We also understand that the windows will need to be replaced in the near future and that will: also impact thel HVAC recommendations. We will also look at the roof which will also impact the HVAC. We understand that the roof is currently sound and there are no known leaks. We will also look at the electrical Our evaluations will be based on items exposed to view as well as information provided by the town. We will assemble our observations and recommendations into a brief report. We have engaged the services of Pace Collaborative for the mechanical and electrical portion of this project. Our fee proposal is in the amount of six  service to determine ift the capacity is adequate for a new HVAC: system.  thousand three hundred dollars ($3,600.00) and is broken down as follows:  Architectural (Roof and' Windows) Structural (General Conditions). Mechanical and Electrical. TOTAL.  $1,800.00 $1,200.00 $3.300.00 $6,300.00  We look forward to working with you on this project. Ift there are any questions concerning our fee proposal or scope of work, please advise. lf) you are in agreement with this fee proposal, please sign and return one copy for our reçords. Please note that all invoices over thirty days old are subject to an interest charge of one and a half percent per month plus! legal fees to collect past due invoices. In addition, please see attached' "Terms & Conditions" agreement which is part oft this contract. Please note the stated levels ofi insurance int thel last paragraph. Ifadditional insurance coverage is required for this project, the additional cost willl be added to our fee proposal.  Sincerely, Pu MCPHERSON DESIGN GROUP Gregory M Gerling, P.E. Accepted this. By: Title:  day of.  2024  EfesiFeeletter:/OnancockOnancok School Evaluation.docx  office 757.965.2000 . fax 757.965.2001 . 192 Ballard Court . Suite 102 . Virginia Beach, VA 23462 . www.mdg-eng.com  G    BECKER MORGAN G ROU ARCHITECTURE ENGINEERING PLANNING OUR CLIENTS' SUCCESS  October 9, 2024 Matt Spuck Town Manager Town of Onancock 15North Street Onancock, Virginia 23417 Re: Professional Services Onancock, Virginia  ONANCOCK) HISTORIC SCHOOLI BUILDING- - CONDITION ASSESSMENT  Dear Matt:  Becker Morgan Group, Inc. is pleased to provide you with this professional serviçes proposal for the Onancock Historic School Building in Onancock, Virginia. We appreciate your confidence in our firm and look forward to working with you on thisi important project Enclosed please find an original agreement documenting our initial services and estimated compensation. If the proposal is acceptable, please sign, complete the client billing information, and return to our office, along with the initial payment. We will then proceed Thank you for the opportunity tol be ofservice. Please dor notl hesitate to call with any questions  accordingly with our services.  or concerns. Sincerely,  BECKER MORGAN GROUP, INC. PORT ENCHANGE 312WAsr.MANST. SumE3 300 SALISBURY. MARYLAND21801 410.546.9100 3095 SOuTECIOVERNORS. AVENUE DOVER, DELAWARE 19904 302.734.7950 THE7 TOwTRATSTARCAss NEWARK, DELANARE 19713 302.369.3700 3333JABCHE DRNE, SUmTE 120 WILMINCION, NORTHCAROLNA 28403 910.341.7600 1942EAsT7 7mHSTREET, SurrE 240 CHARLOTTE, NORnCAROUNA 28204 980.270.9100 314E EAST MAN STREET CLAYTON, NORTHCAROLNA 27520 919.243.1332 wwwaheckermogam.com:  BECKER MORGAN GROUP, INC. Dtkls dremy. Walber, P.E. SeniofAssociate/S  Structural  Engineer  ICODAISCOVERY BOLLEVARD, SurrE 102 enc: Proposal (10/9/2024)  024-0784aa-ppl.docx  ID    BECKER MORGAN GROU ARCHITECTURE ENGINEERING  October9,2024 Proposal/Agrement Professional Services 6College Avenue Onancock, VA 23417 Project Scope  ONANCOCKI HISTORICSCHOOL BUILDING- - CONDITION. ASSESSMENT  Itis our understanding that the Town of Onancock seeks a condition assessment of the Historic Becker Morgan Group, Inc. utilizes licensed Professional Engineers with experience in structural engineering and1 building envelope consulting toj perform the field work. Our extensive experience with buildings of similar construction provides valuable knowledge in investigating and The condition assessment will document elements of the building, which will require periodic maintenance and eventual replacement. We will identify components of the building that show excessive damage or deterioration. This will enable the owner to allocate the proper funding to  Onancock School at 6 College Avenue in Onancock, Virginia.  recommending repairs.  help ensure the integrity of thel building. Task 1-A Architectural and Structural Review  Services Scope  $6,000  Becker Morgan Group, Inc. will develop a condition assessment oft the. Architectural and Structural components. The Assessment will consist of a report summarizing the components and the condition of these components. Becker Morgan Group, Inc. utilizes site visits and field observations, augmented by plans and topographic data, to identify the components. Field observations allow verification of the condition of components. The site observations will not  include any destructive investigation.  The followingi items willl bei included in the Assessment:  Roofing and components, exterior facing systems, windows, and exposed structural elements. Becker Morgan Group, Inc. will coordinate with mechanical engineering firm Allen + Shariff to perform a project specific field investigation /survey work to verify and understand the existing MEP/FP systems and document the existing conditions. Electrical panels will be reviewed. Itis assumed that existing condition/ /as-built drawings are available, and the use oft those drawings has been assumed for the basis of our proposal. The generation of electronic existing condition  Task 2-1 MEP Review  $11,770  drawings is noti included ini the scope of work.  MEPI Review  1. Conduct an MEP/FP systems site survey (noninvasive visual observations, allt testing  is excluded).  2. Meet with Owner and Architect for data gathering meeting.  I    BECKER MORGAN GROU ARCHITECTURE ENGINEERING  3. Project Manager (or other representative) meet up to three (3) times with Owner and 4. Prepare MEP /FP written report documenting our findings and recommendations. remaining life ofe each piece ofe equipment and estimated replacement costs.  Architect forj progress/cordination (virtual). 5. Review and respond to Owner comments.  Provide  MEP Deliverables  1. Existing Conditions Report. Assumptions and] Exclusions  1. Submissions arel limited to those specifically listed above. Additional submissions are 2. Detection, identification, specification of abatement or encapsulation, or removal of 3. It is our understanding there are accurate existing MEP drawings available for the existing space. Additional survey time as a result of lack of accurate existing MEP 6. LEED Design, Radon Mitigation Design, Energy Modeling and Commissioning services are excluded. Designing tor meet specialty building certifications of any type, including designing to meett the objectives ofac certification, but not explicitly pursuing that certification, is excluded unless stated above as an inclusion. Certifications are 7. Additional coordination / progress meetings or conference calls during design, site visits and meetings during construction phase services beyond that specifically listed  additional services. any  hazardous materials are excluded. drawings may require additional services. 4. Life cycle cost analysis is excluded. 5. Photometric calculations are excluded.  excluded, unless otherwise stated above. above are additional services.  Compensation fixed fee total of $17,770. Agreement Terms  For the above referenced services, we will invoice per our Terms and Conditions of Agreement, a  Reimbursable items such as printing, mileage, shipping, etc. are not included in our fee and willl be itemized separately on ani invoice(s). The attached Terms and Conditions ofA Agreement documents contract terms and is hereby incorporated into this agreement. An initial payment of $3,000 is necessary to confirm this agreement. Ifthis proposal is acceptable as written, please sign, complete the billing information, and retum to our office with the initial payment. Upon receipt, we will  proceed accordingly with these services. Thank you for the opportunity to be ofservice. BECKER MORGAN GROUP, INC. F  Dte  wg  ererny LV Walbert, P.E. Senior Associate / Structural Engineer  11    BECKER MORGAN GROU ARCHITECTURE ENGINEERING  Town of Onancock Signature Printed  Accepted: Accepted: Title: Date:  Client Billing Information Billing Contact Name: Billing Entity: Billing Address, City, State, Zip: Billing Email Address: Billing Contact Phone:  (To Be Completed By Client Please Print)  enc: Terms and Conditions ofAgreemen! (01/01/24)VA  024-0784am-ppl.docx  13    TERMS AND CONDITIONS OF AGREEMENT For Professional Services Scopec ofProject and Services herein to A/Er means Design Professional Arçhitect, Engineer, Landscape Architect, Surveyor, or Interior Designer. Fixed Fee Projects cach phase ofs services. Hourly Rate Schedule Compensation fork hourly services: Principals Senior Associate Associate ArhitecvEngnerlatenor $100-180/hr Designet/Landscape. Architect &Surveyor Designer Technician Support Field Crew Expert Witness 3DS Scanner Ratess subject to change each. January. willl beb billed: atc cost plus ten (10) percent. Estimated Fees Fee estimates arey valid fors sixty (60) days. Where an estimated totali is given fork hourly work, its shall not constitute ant upsct figure, buti is providedt toa assisti in projectb budgeting only. Initial Payment tot thet finali invoice. Invoices Invoices ares sentr monthly for services performed. Paymenti is due uponi receipt. Al late charge willl be month simplei interest, Reproduction Expenses ofthej project willl bet billed asf follows: Plots Size  front footage assessments, water: flow and pressure test, Design Without Coastruction! Review investigate: andl budget thesei items int their total project periodic construction observation andr normal fulls service projectt timelinei is both unpredictable and outside ofthe therei is ani increased risk to Owner ofn misinterpretation of A/E's control. A/E does notg guarantee approvals by any A/E's designi intentl byt the Contractor, the Owner or goveming authority ord outside agency, nor the ability to inspecting agencies; ani increased risk ofn non- compliant Services beyondt those outlinedi int thca attached Scope of construction ori int the construction documents atapoint Work, including for revisions duet toa adjustments int the when thec consequences stemming from such risks and scope, budget orc quality oft thep project, forr redesign of reduced opportunities could havel been mitigated ors avoided. Construction: Phases services, willl beb billed at hourly rates any portions ofa any damages or harmt that plausibly could  tap-in fees, bonds, transfer taxes, etc. Owners should development softo costs. Owner acknowledgest thatt the achieve or maintain any projectt timeline.  Should Owner elect not toc engage A/E top perform normal Submittals, RFIs, Substitution: and Change Order review services during construction, Owner acknowledgest that construction work ont thep part ofthe Contractor, anda reduced opportunity afforded tot the A/E and Ownert to identify and resolve conflicts, errors ord omissionsi inu the Accordingly, A/E shall notl bel liablet to Owner or others for havel been avoided badt the A/EL been engagedt top perform full service construction phase services. Allo documents (drawings, sketches, reports, etc.) prepared as instruments ofservice shall remain thec copyrighted! property ofthe A/E anda ares specific onlyt tot this project, Owner, and this Agreement. Work whichi is furished, butt notp paidf for, willl ber returned to the A/E andv will not beu used fora any modification ora assignment ofA A/E'si instruments ofservice. The A/Ei is protected by' Workmen's Compensation, Professional Liabilitya and Standard Public Liability Insurance. The A/E will not ber responsible fora any! loss, damagec or liability arisingf from Owner's negligent acts, errors or omissions or thosel by Owner's consultants, contractors, and agents orf from those ofa any persony whose Owner and A/E! have discussed ther risk, rewards and The risks havel becn allocated such that the Ownera that to thef fullest extent permitted by law, A/E's total liability to Owner for any anda alli expenses, damages or claims expenses injuries, claims, outo ofthis agrecment from any cause or causes, shall not exceed the negligent errors, omissions, orb breach ofcontract." This A/E's insuranceo coverage available top pay fors saidi increased liability only ifar mutually agreedi increase in/ A/E's feesis negotiated ands sett tot this orv written amendment executed seven (7) daysy written notices should the other party fail through no fault ofthe party initiating thet termination." This seven (7) days written noticet tot the A/Ei int thee event that the Projecti is permanently abandoned. Int the event of terminationi not thef faulto oft the A/E, the A/Es shallt be compensated fors alls services performed tot termination date, together with Reimbursable! Expenses then due. Environmentall Hazards Subsurface Conditions identification, containment or removal ofa asbestos, hazardous waste, ora any other environmental! hazards, nor willi it assumel liability fora any damages or costs related to conditions (includings soils andt thel location ofa any utilities or structures noty visible ont thes surface).  Sce attachedp proposal/letter of agreement. Allr references approval process necessaryt to estimate or maintaina  Billings areb based upont the percentage ofc completion of Additional Services  previously approved drawings, and fora additional above or atf fixed fees. Change ofScope  $225-300/hr $165-220/hr $120-200/hr $80-160/hr $75-120/hr $80-160/hr $190/hr 1.5xbillingr rate $210/hr  Allf feesa ares subjectt tor renegotiations ifthe originals scope Ownership ofl Documents  ofservicei is changed or ifs services are noto completed within two (2): months ofthep project's projected completion datedi indicatedi int thep proposal. Early GMP or Design/ /Build  IfOwner solicits carly GMP or Design/ Build proposals purposeb byt the Owner until paymenti inf fulli is rendered. based upony work- -in-progress drawings orp priort to A/E's Owner agrees toi indemnify, defend and! hold A/EI harmless receipt of,a and responset to, permitting comments, Owner for allo claims arising outo ofOwners reuse, misuse, resulting fors suchs solicitations orp procurement necessary This provisions shalls survive termination ofthisA Agreement.  acknowledgest that any costs schedulingi information Documents aref finally completed andi issued for construction, including all addenda. Anys services required toh highlight drawing changes associated with early GMP orl Design/ Build proposals shall be compensated: asa an Additional Service. Fast-Track or Phased Project Delivery ore earlyo or phasedo construction document packages, errors, omissions ori incomplete coordination. Accordingly, A/E shalll havei nol liabilityt to Owner with respect to fast-track designs services ore carly orp phased construction packages. Betterment  Any consuitants requireds and authorized by the Owner will bes subject tor revision untilt the Construction  Insurance  IfOwner requests orr requires fast-track designs services conducti is notv within the A/E's contractual responsibility.  Risk Allocation  Services commence whent the Owner's authorizationi is Owner assumes thee elevated risk thec designs services  received witht thei initial payment, which will bea applied and/or phasedo construction document packages willl have benefits oft they projecta andt the A/E's total feef fors services.  agrees losses, arisingo  addedt thirty (30) days aftert thei invoice date atl 1.5%p per Int thec case ofd designe errors ord omissions that! lead toa an total fec or $50,000, whicheveri is greater. Sucho causes In-houser reproduction expensesi incurred int thei interest thatr represents betterment orv value added to thep project. limitation ofliability, may bei increased upt tot thel limits of  increasei int thec cost ofc construction, A/Es shalll have no include, but arer notl limited tod design professional's  liabilityt to Owner for they portion ofs such costi increase Third-Party! Beneficiaries Neither the Contractor nora any other person ore entity, apart fromi the Owner and A/E, arci intended beneficiarics both partics. ofthe A/E'ss services. A/E does not warrant or represent thati itss services ort the Construction! Documents willl be Termination ofA Agreement free from errors, omissions ora ambiguities. Owners shall This Agreement may bet terminated! by either party upon inform allp prospective contractors ando construction managers, in writing, that A/E: makes nor representation substantially top perform ins accordance withi itst terms whatsocver toa any prospective contractor, trade contractor ord constructioni manager: regarding thec quality, Agreement may bet terminatedb by the Owner upon atl least completencss ors sufficicncyo oft the Construction Documents, for any purpose whatsocver. Site Visitation Inthee event A/E's scope ofs servicesi includes periodic site visits during thec construction) phases, A/E: shallbe serving only int thec capacity asa consultant to advise compliance. A/E does nota assume any responsibility for ther means andr methods ofc construction, shoringo or temporary definedi in this Agreement.  by  Regular Color 18x24 $5.00 $10.00 24x36 $I0.00 $15.00 30x42 $15.00 $20.00 Photocopies 8%x11 $.15 $.50 84x14 $.20 $.75 11x17 $.25 $1.00 Prints 18x24 $2.00 24x36 $3.00 30x42 $4.00 Reimbursable Expenses Other expenses incurredi int thei interest ofd thej project (travel, tollo communications, postage, delivery, photographs, engineering ord other consultants, plust ten (10) percent, Government. Agency Fees Approvals Group, Inc.'s fees andr reimbursables) fora allo ofthe following govermental charges,i including, butr not limitedt to:a application fees, review fees, permit fees, plati recordation, govemmental charges, impact fees,  renderings, models, etc.) will beb billed monthly ato cost Owner oni issuesi involving progress and gencral design The A/E does not] perform services related tot the Thec owner shall payd directly (outside ofBecker Morgan construction, thec qualityo or timeliness ofa any contractor's theser materials. Unless specifically inçludedi under A/E's  work, job site safety, continuous on-sitei inspections, or scope ofs services, A/E assumes nol liability forg geotechnical anyi issues that fallo outside of A/E's scope ofs services as engineering or any other analysis ort testingo ofs subsurfaçe  Page 1of2  4    Nonpayment/ Work Stoppage The A/E reserves ther rightt 1os stop work on thep project upont ten (10) days written notice to Owner for non- payment and withdraw any permit documents. A/Es stoppage ofv work shall bev without liabilityf for consequential or other damagesr resultingf fromt the stoppage willi require payment ofa additional fees. Standard ofCare The Owner acknowledges thei inherent risks associated witho construction. Inp performing professional: services, the A/EV will uset thato degrec ofcarca ands skill ordinarily exercised under similar circumstances! by competent licensed A/Ei in thej jurisdiction where thep projectis is located. Under noc circumstances: shall any other representation (express ori implied) ora any type of warranty org guarantee bei included ori intended byt the A/E duringt thec completion ofitss services under this Agreement. Successors and Assigns The Ownera andt the A/E bind themselves, their partners, successors, assigns andl legal representatives to the other partyt tot this Agreement and tot thep partners, successors, assigns andl legalr representatives ofs such other party with respect tos allo covenants ofthis Agreement. Neither party shall assign, subleto ort transfer anyi interesti int this Agreement withouti thev written consent oftheo other. Affidavits /Certifications Anys affidavits ord certifications required by government agencies, lenders, oro others shall bey written toi include languagea acceptablet tot the A/E. The Owners shall not require certification' that wouldr require knowledge or assumptions of responsibilities beyond thes scope ofthis agreement. Miscellaneous Provisions Unless otherwise specified, this Agreements shall be govemed by Virginial Law. Terms int this Agreement shalll have thes same meaning ast thosei in AIAI Document A201, General Conditions ofthe Contract for Construction, current aso ofthe date ofthis Agreement. Ifitisr necessary to enforce collection ona any amount past duci under this agreement, the A/Es shall be reimbursed fora alll legal ando other reasonable costs related thereto, including (33%)a attomey's fees, court costs, administrativet time and other collection costs. The Owners shall makes noc claim (whether directly orin thef form ofat third party claim)a against the A/E unless the Owners shall) have firstp provided the A/E witha written certification executed bys al licensed professional int the State of Virginia, specifyinge each and every actor omission whicht thec certifier contends constitutesa violation ofthes standard ofcare expected ofa an A/E performing professional services unders similar circumstances. Such certificate shall bep providedt tot the A/E thirty (30)d daysp priort tot thep presentation ofanys such Frivolous Suito or Counterclalm Int thee event the Owner makes ac claim (orc counterclaim) orb brings an action against the A/E for any act arising out oft thej performance ofthes services1 hereunder, and the Ownerf fails top prove such aclaimo ora action, thent the Owner shall pay alll legal and other costsi incurred by the A/Eind defense ofs sucho claim ora action. Electronicl Media Ifelectronic media of project files are requested, the Owner orr requesting party musts signa an Electronic Media Releasel Form, plusr remit $200,00p per file, plus printing costs pers sheet for one (1) records set for Owner ando one (1)s setf forA A/E.  Publicity appropriate. January 1,2024 TCAIlan2024 VAdoer  Allp publicity developed fort this projecty will credit Becker Morgan Group, Inc. ast the ArchitectsEngineers, as  stoppage. Restart ont thep projects after thirty (30) daysof Becker Morgan Group, Inc.  Collection  Certificate ofMerit  claim.  Page2of2    MCPHERSON DESIGN GROUP STRUCTURAL ENGINEERS Structural Engineers with Practicol Solutions  October 9, 2024 Mr. Matthew Spuck Town of Onancock 15 North Street Onancock, Virginia 23417 RE: Facility Condition Assessment Historic Onancock School Community: and Cultural Center 6College Avenue Onancock, Virginia  Mr. Spuck:  McPherson Design Group is pleased to provide this fee proposal for engineering services on the above referenced project. We understand that our scope of work will include a site visit to the historic building and evaluate the existing facilities. The primary focus of the evaluation will be thel HVAC: system. In particular, whati items should be replaced andi in what order. We also understand that the windows will need to be replaced in the near future and that will also impact thel HVAC recommendations. We will also look at the roof which will also impact the HVAC. We understand that the roof is currently sound and there are no known leaks. We wil also look at the electrical Our evaluations will be based on items exposed to view as well as information provided by the town. We will assemble our observations and recommendations into a brief report. We have engaged the services of Pace Collaborative for the mechanical and electrical portion of this project. Our fee proposal is in the amount of six  service to determine ift the capacity is adequate for a new HVAC system.  thousand three hundred dollars ($3,600.00) and is broken down as follows:  Architectural (Roof and' Windows) Structural (General Conditions). Mechanical and Electrical. TOTAL.  $1,800.00 $1,200.00 $3.300.00 $6,300.00  We look forward to working with you on this project. If there are any questions concerning our fee proposal or scope of work, please advise. Ify you are in agreement with this fee proposal, please sign and return one copy for our records. Please note that all invoices over thirty days old are subject to an interest charge of one and a half percent per month plus! legal fees to collect past duei invoices. In addition, please see attached' "Terms & Conditions" agreement which is part oft this contract. Please note the statedI levels ofi insurance int thel last paragraph. Ifadditional insurance coverage is required for this project, the: additional cost willl be added to our fee proposal.  Sincerely, Pu MCPHERSON DESIGN GROUP Gregory M Gerling, P.E. Accepted this By: Title:  day of.  2024  E:FeeslFeel eeriOnanccxOmancok School Evaluation.docx  office 757.965.2000 . fax 757.965.200 . 192 Ballard Court . Suite 102 . Virginia Beach, VA 23462 a www.mdg-eng.com    ACCOMACK PENCE,cOm PO.Box 393 Onley,Va.23418 Your Local Fence Co. JOB ADDRESS: STYLE 4 Height: WG's: SPECIFICS:  James Leroy Baumgardner (757)787-4185 PROPOSAL TO: Mat Town of FAX PHONE: PRICE: DEPOSIT:  Contractor License 2705-041172  Spueh Onancoch  Onancock GENERAL DESCRIPTION Senth, Acfo #a0o  HOME PHONE:757-7/As WORK#:  4326 HER WORK#:  Footage: Rem. Panels:  DG's: 6'  1,489,00  Call customer in advance of work start Dog ath home; customer responsible Fence follow grade a Top level; vary to grade Fencel line cleared of bushes Existing fence removed by Accomack Fence Co. Hauling and dumping. FEE:S Permit by customer Utilities marked by Miss Utilities Pins foundo or a Survey provided Sprinkler system discussed  Worka around bushes  33%  DUE UPON COMPLETION: PECRCATONS/MATERALS Acro "200 6w Pands  Waler Power  JOB DIAGRAM: l6t  aa" Line, Cornerd agàte posts  81  6w sate  81  Gogare  ass  Iol  Customer responsible for establishing corner points.  WARRANTY: TERMS AND CONDITIONS:  Teny years ong pressure treated framework against rota andinfestation, five years ond chain-link materials and five Infestation, under normal conditions. Oney year ony workmanship, ufder normal conditions. Alterations from specifications involvinge extra costs executed only upon written order and willi involve ana additional subject tos adjustments 60 days after acceptance based onr material costi increases. Customer has acceptance. Thereafter cancellation willi involve a charge for 30% of contract. Purchaser responsible forp permit unless otherwise agreed. Accomack Fence Co. assumes nol fore bep pre-determined and require additional labor mâyr require ana additional charge. Int the event purchaser defaults onp payment orfalls toc comply with thet termsof contract, thet fulla amount shall due payments willl bes subject toad dellnquency charge of2 2% per month. Purchaser  years on pickets against rote and Contract toc cancel charge. contract price may be within 3 daysf foltowing  legalr rightt  Purchaser assumes! liabllitya andi indemnifies. Accomack Fence Co. foro damage to underground construction, liabilityt either zoning restrictions orf fence location. installation off fence. State laws restrict digging within 24" of utlityl lines. Any hidden obstaçles such as treer roots, sprinkler lines and utilities caused by amount referred for collection. Allr materials will remaint the property of Accomack. Fence agrees Co. until paya contract and collection orders ands attorey's fees of 33% oft the  concrete, large rocks orf filly which cannot change are paidi inf fuH.  top all costs ofc be due and payablei immediately. Past  Thanky fort this opportunityl 25  Accepted by: 9-16-29 Date  Price Goodf for20 days  from  Shore Printern-  Job No. 06-a00  - -    Jerith Aero  1"x 58" Picket I Rounded Edges A Inal AA  nnnnnns  3 Panel Options 7 Post Options 8 Caps & Accessories 9 Adornments & Custom Finishes 10 Construction Specification 323119 13 Limited Lifetime Warranty 14 Swing Gates 19 Accent Gates 23 Rainbow Gates 27 Gate Hardware  Our Aero. Aluminum Fence design is truly unique among aluminum fences because of the rounded edges and rectangular pickets that make up this fence system.  JERITH.COM 800-344-2242  ASSAABLOY  1B    goltymnagus Lrdw: Ctitopedo  1  19