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05/03/2004-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONVAY, MAY 39 2004 7:00 P.M. 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: April 14, 2004 - workshop, April 19, 2004 b) Disbursements 3. Citizen's Input. 4. Consider and Possible Action on Contract for Architectural Work on the Old Presbyterian Church. Presented by Sanger Area Historical Society. 5. Conduct Public Hearing to Consider a Zoning Request Change from SF8 (Single Family 8) to 2F (Duplex) on Property Legally described as Block 2, Lot 1R, Sullivan West Addition. Property is located on Peach Street between 71h and 81h Street. 6. Consider and Possible Action to Consider a Zoning Request Change from SF8 (Single Family 8) to 2F (Duplex) on Property Legally described as Block 2, Lot 1R, Sullivan West Addition. Property is located on Peach Street between 7`h and 81h Street, 7. Consider and Possible Action on Awarding Sid for FM 455 and Marion Road Water Line. 8. Consider and Possible Action on Ordinance #05-12-04 -Requiring Form Board Surveys on All New Construction. 9. Consider and Possible Action on Ordinance #OS-14-04 -Amending Regulations Regarding Underground Electrical Service for New Development. 10 Consider and Possible Action Regarding Hiring a New Employee for the Electric Department. 11. Consider and Possible Action on Authorization to Begin Bid Process for Purchase/Installation of Gasoline Tanks for the City of Sanger. 13. Adjourn. Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, one or more of the above items may be considered in executive session closed to the public. Any final action, decision or vote on such matter will be made in open session following the concl us io of the executive session. Rosalie Chavez, City S)6) retary Date & Ti ne Posted This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 45&7930 for further information. MINUTES: CITY COUNCIL, WORKSHOP APRIL 14, 2004 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Assistant/Assistant City Secretary Samantha Renz, Woodrow Barton, Rob Dillard, Susan Dillard, Dale Tucker 1. Mayor called meeting to order. 2. Discussion Regarding a Proposed Planned Development Presentation by Centurion Development. Discussed with Item #3. 3. Discussion Regarding a Proposed Planned Development Presentation by K.D. Development (Johnson/Payne), Kirk Wilson indicated on each one of the memorandums there were six items that they wish to discuss tonight, and may possibly integrate into their proposal. One of them is park land dedication. They would like to dedicate land if the Council feels it will be a benefit. The second item is that they will donate up to three acres of civic land. They will give one 3 acre tract out of one of the two developments. They will agree to use Sanger Electric. They agree to make a one time donation of $25,000.00 for each development to the Sanger Park Fund. They will agree to donate 12 acres for a school site. They will agree to minimum residential lot square footage to be 5500 square feet. Councilman James asked if they haAA* A the school land donation with the Sanger ISD. Mr. Wilson indicated they have not. They will discuss with them whether they would prefer to have two school sites or one large site. Councilman Evans asked if this was on the last agenda to schedule a public hearing for annexation. Staff indicated it was. Discussion. Councilman Evans indicated he felt the best thing for the citizens was to annex it in, and for the residents to pay the full amount of the taxes. Mr. Wilson indicated the project will not be done as it is being contemplated if they are brought within the city limits. Discussion regarding park land dedication. Mayor asked if the Council requested they bring it all into the City limits initially, what would happen. Mr. Wilson indicated they will have to look at different options. The project works under the general framework they have proposed, and they have no plans to the alternative right now. Discussion regarding annexations. Discussion regarding marketing of the commercial frontage property. Councilman Evans asked if they got half way through it and it doesn't take off, what will happen. Mr. Wilson indicated they would be on the line for the portion of the land that they own. Each property owner would be responsible for a percentage of the bill. Discussed issues relating to the bonds. Discussed some of the amenities in the developments. Discussed disclosure form for the tax that the district will assess. Mayor indicated he did not see why anyone would pay 30 cents more to live in this community than they would pay living in the city limits. Councilman James asked what the lots would probably sell for. They indicated about $21,000.00. Councilman Garza asked about the CCN transfer from Bolivar. Discussion continued. Councilman James asked what type of corporation was Centurion Development. Mr. Wilson indicated he did not know, but that he could find out. Mayor convened into executive session at 6:35. Mayor reconvened into regular session at 7:03. Mayor indicated they have decided to listen to anything else the developers have to say, and they will make a final decision at the next regular meeting on Monday. Dale Tucker, School Board Representative, indicated the school board had discussed this at their last meeting, and they feel it will be a benefit for the School District. 4. Meeting Adjourned. Q�d�� MINUTES. CITY COUNCIL APRIL 19, 2004 PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Andy Garza, Councilman Mike James ABSENT: Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Assistant City Secretary/Administrative Assistant Samantha Renz, Fire Chief David Pennington, Police Chief Curtis Amyx, Code Enforcement Officer Danny Cockrell, Water/Wastewater Superintendent Eddie Branham, Larry Masten, Sue Masten, Woodrow Barton, Shelley Ruland, Frank Rodgers, Thomas Tipton, Andra Tipton, Ken Perry, Richard Beggs, Curt Fowler, Liz Springer, John Springer, Earl Schafer, Jerald Yensan, Matt Sonmezler, Jerry Jenkins, Bobby Perez, Jim Myrick, Marvin Knight, Mike Dobrovolsky 1. Mayor called meeting to order and led the Invocation, followed by the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: April 5, 2004 b) Disbursements Evans and Garza 3. Citizen's Input. Sue Masten, 208 St" Street, expressed concerns regarding the drainage ditch in front of her house. City Manager indicated the plan is to install a 15" pipe and cover it with dirt. Woodrow Barton indicated the city should consider draining all the way from Wood Street to Cherry Street then it East down the drainage ditch. 4. Consider and Possible Action on Habitat for Humanity Request for Waiver of Fees and Exterior Facade Requirements. Councilman Evans indicated he felt they should approve the waiver of fees, but require masonry and 1200 square feet. Councilman Garza indicated he felt they should waive the fees, he did not have a problem waiving the brick requirements. Councilman James indicated he had a problem with vinyl siding. Curt Fowler indicated the vinyl siding is to keep costs down. Lewisville also has a brick ordinance, they allow them to use Hardy Plank, they would take that option too. Mayor indicated we have an ordinance against hardy plank and vinyl. He expressed concerns regarding a possible precedence. Councilman Evans moved to allow them to go with an 1150 square foot minimum, to waive all of the requested fees, give them the taps, and that they comply with the ordinance on the brick requirements. Councilman Higgs seconded. Motion carried 3 to 1. Councilman James voted no. 5. Consider and Possible Action on Update from Matt Sonmezler on the Sidewalk Plan. Matt Sonmezler, gave Council an update on the sidewalk plan. He felt this plan should be done. He and his wife were supposed to be involved in this project unofficially. It should have stayed that way. Now it has become official city business. Until this time his wWe's name has never been on the front page of the paper. They have been subject to ridicule and teasing. They are for improvement but felt at this time other qualified individuals should step up and take over the project. He gave Council a disk and the plans that Barbara had designed. Mayor thanked him and apologized for the issues. 6. Conduct Public Hearing to Consider a Re -Plat on Property Legally Described as Lots 4,5 and 6, Block 41, Original Town. Property is Located at the corner of 1St and Locust Streets. Public Hearing opened. City Manager indicated this is zoned duplex. Mr. Tipton has been working on this project and he is here to answer questions. Mr. Tipton showed the plans to the Council. They are 2110 square feet per building, and they plan to build three of them. Public Hearing closed. 7. Consider and Possible Action to Consider a Re -Plat on Property Legally Described as Lots 4,5 and 6, Block 41, Original Town. Property is Located at the corner of lst and Locust Streets. Councilman James asked if each unit would have a separate sewer tap. Mr. Tipton indicated they would. Eddie Branham indicated there were no problems with the sewer. Councilman Higgs moved to accept the Replat on Property Legally Described as Lots 4,5 and 6, Block 41, Original Town. Councilman James seconded. Motion carried unanimously. 8. Conduct Public Hearing to Consider a Zoning Request Change from B1(Business 4) to B2 (Business-21) on Property Legally described as Abstract 1241, Tract 238 (Knight Addition, Lot 1, Block A). Property is located on the Corner of Freese Drive and Business 35 (Spur 138). Public Hearing opened. None. Public Hearing closed. 9. Consider and Possible Action to Consider a Zoning Request Change from B1(Business -1) to B2 (Business-21) on Property Legally described as Abstract 1241, Tract 238 (Knight Addition, Lot 1, Block A). Property is located on the Corner of Freese Drive and Business 35 (Spur 138). Councilman Evans asked why they started work prior to having a permit and zoning change. Mr. Myrick indicated he asked about it. Marvin Knight indicated he is under restriction from a bank. He indicated he has to start construction to finish construction. He was under the impression that this was going to the zoning board about a month ago. It did not go, he needed to start in order to get it finished. If it craters tonight he will just fill it in. In order to proceed in this town and in the community things have to be done on a schedule. They had it engineered, he spent money on engineering and pipe lines. He followed everything the city wanted him to do. They had a temporary permit to begin dirt work. The bureaucracy can get in the way of advancement. He thought they had followed every city ordinance. Mayor indicated he understood that moving dirt does not require a permit. Discussion. Mr. Myrick indicated he can get the tanks and lines pulled out if that is needed. Mr. Knight indicated they have tried to work with the city and if they've done something wrong they will start over. Councilman Evans moved to deny the request. Motion died for lack of second. Councilman Garza indicated he would like things in the future not to go this far. Councilman Higgs moved to approve the zoning request change from B4 to B-2, Councilman James seconded. Motion carried 3 to 1. Councilman Evans voted no. 10. Consider and Possible Action on a Preliminary Plat and a Final Plat for the Knight Addition. Located on the Corner of Freese Drive and Business 35 (Spur 138). City Manager indicated the Planning and Zoning Commission approved this unanimously. City Secretary indicated the Planning and Zoning Commission stipulated field survey checks be certified and submitted to the City. Councilman James asked if they have a permit from TXDOT. Mr. Myrick indicated they did. Discussed it will be an exit and not an entrance on 5`" Street. Councilman James asked about signage. It will be responsibility of the property owner. Councilman James moved to accept the Preliminary Plat and a Final Plat for the Knight Addition with the stipulation they follow Planning and Zoning's recommendation that field survey checks be certified and submitted to the City. Councilman Garza seconded. Motion carried 3 to 1. Councilman Evans voted no. 11. Consider and Possible Action on the Final Plat for Serendipity Place, Phase 2. Located Between Acker Street and Keaton Road on the South Side of F.M. 455. City Manager indicated this is the remaining residential lots in that subdivision. Discussion regarding engineering plans. Councilman Higgs moved to accept the Final Plat for Serendipity Place, Phase 2. Councilman Evans seconded. Discussed width of street. Councilman James asked how many lots are in phase 1. Gerald Yensan, owner of landmark surveyors, indicated about 30. Councilman James asked about sidewalks and parks. Mr. Yensan indicated by law you do not show public improvements on the plat. They did make correction requested by the Planning and Zoning Commission to change easement to electrical. Motion carried unanimously. 12. Consider and Possible Action on the Final Plat for Heritage West, Phase 2 and 3. Located South of F.M. 455, West of Chisholm Trail Elementary Councilman Evans moved to approve the Final Plat for Heritage West, Phase 2 and 3. Councilman Higgs seconded. Councilman Higgs asked about the street width. Developer indicated it will be 31 feet. Motion carried unanimously. 13. Consider and Possible Action on Ordinance #04-07-04 - Regarding Sprinkler System and Fire Alarm Requirements for Newly Constructed Commercial Buildings, Item Tabled. 14. Consider and Possible Action on Ordinance #04-08-04 -Regarding Sprinkler Systems in Multi -Family Buildings. Discussed that these changes may be in the 2003 Uniform Fire Code that has been adopted. Item Tabled for review of the 2003 Fire Code. 15. Consider and Possible Action on Ordinance #04-09-04 -Regarding Placement of Gas Meters, Electric Meters, and Fences on Newly Constructed Single Family Dwellings, David Pennington indicated they want both gas and electric meters within ten feet from the front corner of the house. There is a dual purpose. First for meter reading, and the meter readers not having to go in back yards. Also the Fire Department will be able to go to one side of the house and turn off both the electric meter and the gas meter for protection of the fire fighters inside the house. . Councilman Evans moved to adopt Ordinance 04-09-04. Councilman James seconded. Mayor read caption as follows: ORDINANCE 04-09-04 THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 3.2300 REGULATING PLACEMENT OF GAS AND ELECTRIC METERS ON ALL NEW SINGLE FAMILY RESIDENTIAL BUILDINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion carried unanimously. 16. Consider and Possible Action on Ordinance #04-10-04 -Regarding Regulations for Refuse Collection Containers. City Secretary indicated when the recodification was done, there was a section left out. The attorney did not catch it and neither did staff. She visited with Mr. Dillard, there have been several times citizens move into the city and they don't want to pay the garbage rates. This is based on the attorney's recommendation. Discussion. Mayor read caption as follows: ORDINANCE 0440-04 THAT CHAPTER 69 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 6.500 REFUSE COLLECTION REGULATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Evans moved to adopt Ordinance #04-10-04. Councilman James seconded. Motion carried unanimously. 17. Consider and Possible Action on Ordinance #04-04-04 -Amending Park and Open Space Regulations. Councilman Evans moved to adopt Ordinance #04-04-04. Councilman Garza seconded. Motion carried unanimously. Caption as follows: ORDINANCE 04-04-04 THAT CHAPTER 10, SECTION 6, ARTICLE 6.18 (K), "PARK; OPEN SPACE; RECREATION AREAS & PUBLIC USE DEDICATION", IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. 18. Consider and Possible Action on Budget Amendments. City Secretary indicated this was from line item to line item. It will not affect the bottom line of the budget. The request is to move $5000.00 from contractual services to Street Equipment. Councilman James asked what this will be used for. John Henderson indicated to haul his skid steer. Councilman James moved to approve the budget amendment. Councilman Evans seconded. Motion carried unanimously. 19. Consider and Possible Action on Displaying the Old Fire Tanker Truck at the Dallas Museum. David Pennington indicated they have been approached by Paul Vineyard about taking the 1975 tanker truck down to the Dallas Fire Museum. It will still remain the property of the City of Sanger, and can be picked up at any time. Councilman James asked if they would need it. David Pennington indicated they have a new one that replaced this one. Councilman Higgs moved to approve the request. Councilman Evans seconded. Motion carried unanimously. Councilman Evans indicated he has been on the Council for 3 years, and he wants a question answered when he asks it. 20. Meeting Adjourned. ��vvJ� 2 P-'� � ,r '7 EG i D Far_ l fh'. r. �ti 41;<F�r�S0� �S€�:� t-�9 i��i�..J�.i�R �tF�r�C�lr..,_��I s�F.,E.(vi R_�.sErH VENDORCTa z:(�`,,Iv; € zr10 EN!R[R't. Fyn: }v i�M �:mk. 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Tir irEti_Lj.�L!?R Cirt�$j�: •�`�� ,•4`?'r 1 t�s':]t` r Yv_ m=t_' "r• k 10 i tIA to i 5 t SUBSCRIPTvCI',llc n SE ++ ! )u,5 i-'ROGRRti'a AND LISR£Ii(i` 9Ul P Lt,i� gP 41Ei'IG it . 0 '€-`540,v{ 291*03Y it 1 i^`I r t�wt t�i 9 P5 qqpp."ippff S� }i 1°7F F:♦"` F` t'S e "`(i E'iYi p :atl C ✓u''� ��: �.i. f"t!'t PMGiJCAt� L{t<.�'t il5 :3 t_ w i 115._. s E t�_�. 9TERt YEAH G{U'U 1lji''= l 0m=3- i0 --5 PI OW15J" 5225 1 F;�-�w � su•-,-d �2e� m i51r °. o AFfl" , 5 1.t.0 u....;rJ GW58 53E5 ' C ajv'_ tP aCrc'' C9uj" JL u rtµE_s .1 E,UJ UPLI"S �r k:JaC Cu " luii'iPLLei 1'tAPB & SUBSUIP € TONS TELEPHONIE 'MSERVIU,'G 7ATDiiOCE'7D TING SUPPILIEC rti r lrr ; ECHANIC SHOD SUPPLIES ! EANII G SU P'_lo((77 INOIR EQ'f3€DMIE€-;E l ATER riAT:1 ESA! E P & M OTHER CSh t.0i; i �tAA IF f f.Fit_ S3 E R16l c c 11 i,k, yr. t'. I me HEIMICA! CUP'PIILS { a 11 i_l1't i b,TATI €? r ii"ON TOOLS M ft OTGP{ vE`rlICLE ONITR,ACTJAL S'F.R;NEEC Ei;L Ul AF TELL iu ,,L °Arx?ERs iv' Ell I �va�G atE J' �t�te a 1 `i ic1Tt 7a'�J F'aL" x Jy tel it ®rto lx,... E 4.f..tj 4193 1837 i �:aY ti•': '`P1:ul. n t tin "tr", fm i y,tt`t JJ YC{R � GIT`( COt1HCIL ! 1 }E'E lip€i L IC IF i,.fML S WN .. ... _._._'_ E INNUAL BUDGET OVER � yaw j t..i� N [+sbx`:5 i E¢Gy 1�3 �i F)21 — ££,,i>tr &nsJi tab1j 77,79 tit'¢ ' Lkx.l su..ji'.• J -I aI000j t tINC s 0lot y eJ{ 7y€,r'o ?yC7 V710 V is 7yEa'�e� yd. 5lii?J�} C t y,t � yotloto t' P 2yG7Eau1 3y3Gc185 i w ti GyF��'�;n7f r :�s 3 f � ryry f. y'¢ q?��7a7P� t;uy'iL ¢IliCl D tEF i � -i za15 gw-�;txi� E YC.x C.:J "'-DRUtJV Dl LIfDET_ rvv-m� Af°kit'!.€.1AL BUDGET E OVER a^;r f, t^,vq ^rr+ r r�: r �," r r�, C�7 m!I iPCM Ww . r! r_3�( �.d,n t.�!!f Li[ f,s .'liu..Ei FEGHm i ;ixDb Rai .{t -;eft �•r•;ni! i'00 fir r<t d'N�i f0i :. 1TAL {"(, _vi k ` r0. TOT ,H`_. r+!E i t�tii 1F"� fHR I MI Cr'I IR n g n!r,S E!(t r .'sRft� {m! iOL �? , Lc MI Al N T E NIAlN F f gcrNEERIAL FUINI F i..:vo End C a4�f E„ou r P.� r asnl'a Gpra'Ion s 4�ehicle Maintenance !!W ter. r� s�lLt�. r'ii De� rode€3t rrNlEMR_v_ : _.r,D �Q1� yv frm H! iljiul`d i 74 j��v I 7439 45 14 _ f`.'a , , 45ei lE g :79'O Apri129, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Contract -Old Presbyterian Church Attached is the proposed contract on this item. Nel Armstrong should be present to address this item. The attorney has reviewed the contract and indicated it is a standard architectural contract. He expressed concerns regarding the funding; however, the Historical Commission has approached the City Council in regards to using the Hotel/Motel tax, and the 4A Board for assistance as well. Weinman Architects 8177372203 p.2 1 9 9 7 EDI T I ON AIA DOCUMENT B151"'I I y-77ated Standard Form of Agreement Between Owner IL r iXi ate day, month and year) Twentyfifth day of Two Thousand and Four �° :.'::e Architect's client identified as the Owner: =. r:.cid; ;;; and other information) :.<'� r; and outer information) Gity of Sanger 201 Bolivar Sanger, Texas 76266 Arthur W. Weinman, A.I.A., N.C.A. R.B. Arthur Weinman, Architects 6777 Camp Bowie Blvd., Suite 339 Fort Worth, Texas 76116 M1lEarch �~ '''"e Fn Lowing Project: ..:.'aciv_ Viz' .tied description of Project) I i ;aura; services for Phase 1 of the restoration of the historic _'.'�'ng�T Presbyterian Church at 71h and Elm Street in Sanger, Texas. ;r: r phase of this project will be to replace the building foundation, repair all a ad wood floor framing a*ther associated base framing, bring the upper r� e of the building together, and perform all roof repairs resulting from the prior sr�Q the attached copy of our proposal letter dated 31 25 1 04 for further ;L,tmicn concerning the Description of this Project...... <luc!itect agree as follows. 4, 975, 1987, 01997 by The American Institute of Architects. Reproduction of the material herein or sub- quot )lion of its provisions without written permission of the AIA violates the copyright laws of the United zed v, 'I subject the violator to legal prosecution. This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification, m1997 AIA® AlA DOCUMENT 8151-1997 AIIDREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. . `"'�} Washington, D.C. 2000&5292 C. 1:26a Weinman Architects 81773722©3 p.3 __._ '. ARc:HiTECT'S RESPONSiB(LITIES The services performed by the Architect, Architect's employees and Architect's consultants _ as 7, as enumerated in Articles 2, 3 and 12. nc A c: i.ect's services shall be performed as expeditiously as is consistent with e7'a; skill and care and the orderly progress of the Project: T4;ie Arch'.... nmmr^ Schedule -fo� ^.fQ �, -�,='-'-i✓ rse-c�rrrrsel y-b@ c"c^'6d6d b)r the Awhiwact Or OlAr er i'ae l�rchitect shall designate a representative authorized to act on behalf of the Architect =. e ,Heel to the Project. L re services covered by this Agreement are subject to the time limitations contained in .. ..1 k.. - ..... ; SCOPE Of ARCHITECT`S BA5iC SERVICES a"_FiN1i10N ^.itect's Basic Services consist of those described in Paragraphs 2.2 through z.6 and any identified in Article iz as part of Basic Services, and include 1� structural, at� tom,^tit engineering services! to review the Architect's design. >C'~EMATIC DESIGN PHASE T'-e _\xchitect shall review the program furnished by the Owner to ascertain the ecui: e rents of the Project and shalt arrive at a mutual understanding of such requirements with &,AHer. ;:.z.,. The Architect shall provide a preliminary evaluation of the Owner's program, sc� X ��-^ n*c ��` 1 ^ '��T^� ^F tale-otl ,subject to the limitations set :: S. oparauraph 5.2.1. -:.z.-� T:^e architect shall review with the Owner alternative approaches to design and _ .� _.. �tion of the Project. Based on the mutually agreed -upon program, schedule bud -get -=��11ts, the Architect shall prepare, For approval by the Owner, Schematic Design ^cun ents consisting of drawings and other documents illustrating the scale and relationship of _ .. ,-',,c ;1,rchitect shall submit to the Owner a preliminary estimate of Construction Cost _-: .; c��,:�ent area, volume'or similar conceptual estimating techniques. ...: DESIGN DEVELOPMENT PHASE ....., 3ased on the approved Schematic Design Documents and any adjustments authorized by C� mer in the program, seh t, the Architect shall prepare, for - ro ,l '7v "he Owner, Design Development Documents consisting of drawings and other doa t .o fix and describe the size and character of the Project as to architectural, structural, tical and electrical systems, materials and such other elements as may be appropriate. r'. Architect shall advise the Owner of any adjustments to the preliminary estimate of 1J'.0 Fc:?o❑ Cost. b1997 AIA�d At DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT Th e American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 }{a U JU t..-.27a Weinman Architects 8177372203 p.4 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in tl-rc,lit of the Project authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary biddino, information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. Shall prepare 2.4.4 The Arc hitecyih�_tla "ON47p ri , Filir b documents required for the approval of governmental authorities having jurisdiction over the Project. ^This Contract does not include permit application services. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 6o days after the date of Substantial Completion of the bVork. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AlA Document Azot, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph z.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to n ti,.n act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. ox a 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (t) to become generally familiar with and to keep the Owner informed about the vv progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner v'E Nr against defects and deficiencies in the \York, and N to determine in general if the Work is being can nSNMe performed in a manner indicating that the Work, when fully completed, will be in accordance ^ C.^,tCG45 with the Contract Documents. However, the Architect shall not be required to make exhaustive or NMI ^C 5-=2�2 �= n• 1 1 : 27a 4Je i nman Rrch i tects 8177372203 p.5 :�:,:� t�o._� on -site inspections to check the quality or quantity of the \Nock. "I�he Architect shall ,� . e control over or charge of, nor be responsible for, the construction means, methods, _ , :.�s. sect:ences or procedures, or for safety precautions and pl•ograms in connection with �= `:` a•c, since these are soleh� the Contractor's I•ighis and responsibilities under the Contract ;ace nenls. �'he l •chitect shall report to the Owner known deviations from the Contract Documents er. tae most recent construction schedule submitted by the Contractor, However, the -;�,�: ec; shall not be responsible For the Contractor's failure to perform the 1Nork in accordance !.=� lle requirements of the Contract Documents. The Architect shall be responsible for the ;`.; ci:i eel`s negligent acts or omissions, but shall not have control over or charge of and shall not re :sensible for acts or omissions of the Contractor, Subcontractors, or their agents or �s, or e:` any other persons or entities performing portions of the Work. -.. _ � :�Iclraect shall at all times have access to the ��'ork wherever it is in preparation or ��- ss. :.5.�tixcent as otherwise provided in this Agreement or when direct communications have been ;{.-'1�� authorized, the Owner shall endeavor to communicate wish the Contractor through the _1,-i >_c. ahout matters arising out of or relating to the Contract Documents: Communications :�� +. ith the Architect's consultants shall be ihroubh the Architect. �.�.4 CERTIFICATES FOR PAYMENT �...�.' Tie Architect shall review and certify the amounts due the; Contractor and shall issue _:;� :aies in such amounts. ,. _...- the Architect's certification for payment shall constitute a representation to the Owner, _ �_� � �n the Architect's evaluation of the Work as provided in Subparagraph ?.G.g and on the data ,�r.:,; sing the Contractor's Application For Payment, that the Work has progressed to the point _.�.,ca .ed and that, to the best of the Architect's knowledge, information and belief, the quality of _ . _ `:'� Jr.'.< a is accordance with the Contract Documents. The Foregoing representations are to aI: evaluation of the Work for conformance with the Contract Documents upon ��s`.�_ n,ial Completion, (2) to results of subsequent tests and inspections, (3) to correction of ---:or Gee iations fi•om the Contract Documents prior to completion, and (4) to specific _,a.':" -aions expressed by the Architect. _ . , _ ,- ne iss.:znce of a Certificate for Payment shall not be a representation that the Architect ,r.�.de exhaustive or continuous on -site inspections to check the quality or quantity of the `•'`ore, (�; reviewed construction means, methods, techniques, sequences or procedures, (3) -c�. e��, zd ::opies of requisitions received from Subcontractors and material suppliers and other _ _ .. ^nested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained ;�,�,� r_ -For what purpose the Contractor has used money previously paid on account of the ,_._....i �llm. r:.?o ale �.rchited shall have authority to reject Work that does not conform io the Contract �oa<, ;ents.lNhenever the Architect considers it necessary or advisable, the Architect shall have �..;:thol .ty to require inspection or testing of the Work in accordance with the provisions of the _ _ ..-~� _t Documents, whether or not such Work is fabricated, installed or completed. I-Iowever, -� +.hi authority of the Architect nor a decision made in good faith either to exercise or not _..,- .:._e s,:ch authority shall give rise to a duty or responsibility of the Architect to the . •; - .:i01', S•.IbconU actors, Illaterl"al and equlp(T1eIll St1pp11eCS, their agents or employees or other ,�rsol;> or entities performing portions of the \Mork. m 1997 AIAm AIA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITEC7 AGREEMENT The American Institute of Architects 1735 New York Avenue, N-W. Washington, D.C. 20006-5292 . -.- �..,' dicer.sed photoCOpYinR violates U.$, COpYriRht IaWS 20� WiII SVtfICCt the vlolafor to leval orosecuNnn �� ti J V .11.,27a Weinman flrchitects 8177372203 p.6 2.6.tt The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in. the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the ,architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determin- ing the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.t2 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.t3 The Architect shall prepare Change Orders and Construction Change Directives, with sup- porting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3,3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents, 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive From the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the bvork complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing with- in any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of draw- s wk%�� ings,When making such interpretations and initial decisions, the .Architect shall endeavor to asecure faithful performance by both Owner and Contractor, shall not show partiality to either, 7 A i q ® and shall not be liable for results of interpretations or decisions so rendered in good faith, 2.617 The ,architect shall render initial decisions on claims, disputes or other matters in question — �._ PENT ` between the Owner and Contractor as provided in the Contract Documents. However, the r-.eWlj`e Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the c^ rests intent expressed in the Contract Documents. n �t i. D.C- z-0006-5292 ,_ r^ tt:27a tJeinman Rrchitects 8177372203 p.7 �:.,. 3 '' ne Architect's decisions on claims, disputes ur uthcr matters in question between the ;`<<. •�:� jnd Contractor, except for those relating to aesthetic effect as provided in Subparagraph _ ;. s^ai; be subject to mediation and arbitration as provided in this Agreement and in the ct �ocu�l:ents. ,';�l � E 3 ADDITIONAL SERVICES G�NERAI _... 'he services described in this Article 3 are not included in Basic Services unless so __°:i� ed n Article ta, and they shall be paid for by the Owner as provided in this Agreement, in arc. Lion to the compensation For Basic Services, The sen�ices described under Paragraphs 3.z and ?.< < -tall only be provided if authorized or confirmed in,vriting by the Owner. if services described _._.; �r Contingent Additional Services in Paragraph ;.;are required due to circumstances beyond := lac i:ect's control, the Architect shall notify the Owner prior to commencing such services. - .; : O�.v:,er deems that such services described under Paragraph 3.3 are not required, the Owner ..�_. �_,e prompt written notice to the Architect. if the Omer indicates in writing that all or part „= .c Contingent Additional Services are not required, the Architect shall have no obligation to rr�� ce those services. �.,. PROJECT REPRESENTATION BEYOND BASIC 5ERVICES 3?.1 If more extensive representation at the site than is described in Subparagzaph z.G.S is ..:�u,'he Architect shall provide one or more Project Representatives to assist in carrying out Luc;- acditional on -site responsibilities. _. �.� hrojeci Representatives shall be selected, employed and directed by the Architect, and the •`eci. snail be compensated therefor as agreed by the Owner and Architect. The duties, ,- t �ibii itics and limitations of authority of Project Representatives shalt be as described in the :°�__; �:. of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. �.:.? Through the presence at the site of such Project Representatives, the Architect shall ..�< rvor to provide further protection for the Owner against defects and deficiencies in the Work, _ �'. � i7e f.:rnishing of such project representation shall not modify the rights, responsibilities or v�L,� ations of the Architect as described elsewhere in this Agreement. '.' CONTINGENT ADDITIONAL SERVICES �.�. �-�a'cing revisians in drawings, specifications or other doeuznents when such revisions are: a inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the 0„mer's program or Project budget; z required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or s cue to changes required as a result of the Owner's failure to render decisions in a timely manner. '.3.i Providing services required because of significant changes in the Project including, ,,_r r of limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or ^�;� i�tulb anc contracting For construction, except for services required under Subparagzaph '.'.' 7reparing Drawings, Specifications and other documentation and supporting data, _:: ',c`ng Contractor's proposals, and providing ocher services in connection with Change ��rC� s anc Construction Change Directives. ._. rov�:dirg services in connection with evaluating substitutions proposed by the Contractor :�:� - •:41.i.1g subsequent revisions to Drawings, Specifications and other documentation resulting ',;eye ra�tz. p1997 AIA® AIA pOCUMENT 8151-1997 ABBREVIATEp OWNER- ARCHITECT AGREEMENT The American Ins?itute of Architects t735 New York Avenue, N.W. Washington, D.C. 20006.5292 rrj� ;:;: ;[':'\G- )r.;�.censed nhotornnvino vinlaMa II C mr,vrL,hr In,.,. �..,1 ..�i1t .,�4.�e...,,,. .�:..:_.... ._ i___, ______...�... i.28a Weinman architects 8177372203 p.8 n( REEMENT in cj rs`itvte ��rch�tectz 7�0'o-529Z 3,3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such tiVork. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3,at/ Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADplT10NAl SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3,4,3 Providing planning surveys, site evaluations or comparative studies of prospective sites. Providing special surveys, environmental studies and submissions required for approvals (governmental authorities or others having jurisdiction over Lite Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or Facilities or to make measured drawings thereof. 3.4,1 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner3s own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4,9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of oevning and operating costs. 3,4.13 Providing interior design curd other similar serNices required fur or in connection with the selection, procurement or installation of furniture, funushingjL s and related equipment. _...af_'va Weinman Architects 8177372203 P.9 Providing services for planning tenant of rental spaces. ivia'.<ing investigations, inventories of materials or equipment, or valuations and detailed r aisals of existing facilities. r.1 Preparing a set of reproducible record drawings showing significant changes in the \Mork d rig construction based on marke&up prints, drawings and other data furnished by the 4ctor to the Architect. 3.G.1 ' Providing assistance in the utilization of equipment or systems such as testing, adjusting nil balancing, preparation of operation and maintenance manuals, training personnel for and maintenance, and consultation during operation. ?;o+iding services after issuance to the Owner of the final Certificate for Payment, or in e tbance of a final Certificate for Payment, more than 6o days after the date of Substantial r: tion of the Work. �.1--! ; Providing services of consultants for other than architectural, structural, x��ld -- engineering portions of the Project provided as a part of Basic Services. 3.f .:< J ?roviding any other ser\�ices not otherwise included in this Agreelrlent or not customaril}� turn .shed in accordance with generally accepted architectural practice. '-'::_� "- OWiNER'S RE5['ON5fBlU71ES he Owner shall provide full information in a timely manner regarding requirements for rind limitations on the Project, including a written program which shall set forth the. Owner's obc :tives, schedule, constraints and criteria, including space requirements and relationships, ex: i?ity, expandability, special equipment, systems and site requirements. The Owner shall _. IF .Ie Architect, within 15 days after receipt of a written request, information necessary elevani for the Architect to evaluate, give notice of or enforce lien rights. !.� .'he Owner shall establish and periodically update an overall budget for the Project, A ding the Construction Cost, the Owner's other costs and reasonable contingencies related to � C these costs. Owner shall designate a representative authorized to act on the Owner's behalf with ;es� c to the Project. The Owner or such designated representative shall render decisions in a e'.} ...anner pertaining to documents submitted by the Architect in order to avoid !n:e rsonable delay in the orderly and sequential progress of the Architect's services. ,,e Owner shalt furnish surveys to describe physical characteristics, legal limitations and • '.il' y ;ocations for the site of the Project, and a written legal description of the site. The surveys and egal information shall include, as applicable, grades' and lines of streets, alleys, pavements 11 j) and. ldjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, a o _..c; rchrnQnts, zoning, deed restrictions, boundaries and contours of the site; locations, ao• o ns ors and necessary data with respect to existing buildings, other improvements and trees; ..^ formation concerning available utility services and lines, both public and private, above and ® 19 9 7 A t A el `race, including inverts and depths. All the information on the survey shall be referenced AIA DOCUMENT B1514997 �rOieCt benchmark, ARCHITECT OWNER, ARCHITECT AGREEMENT ti the Owner shall furnish the services of geotechnical engineers when such services are The American Institute "St$314 by the Architect. Such services may include but are not limited to test burin s, test its, °t Architects g P 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 { t ;29a Weinman architects 8177372203 p.10 I . �•.��rr� r e151-7997 --T A .RF'MEUT ,S�ir,Jte hr; h+tests w. : :C0�6-SZ92 determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.I The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall Furnish all legal, accounting and insurance services that may be necessart at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verity the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. �}.9 The services, information, sun�eys and reports required by Paragraphs 4.�t through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLES CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, Plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the bVork. 513 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the respon- sibility of the Owner as provided in Article 4. 5,2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the 33 t\rchitect. ` '=' ?.1:29a Weinman Rrchitects 817?372203 \o fired limit of Construction Cost shall be established as a condition of ibis Agreement . . ,. ... , .. _ --- - - ��. � _ _ ... -a- � •. .. .. • --_; �- Q- - a .. s e r - r r. _-, T�}�� C'lailcP r , � It�a A r�iia�k �I� i�t_a�} -, ` _�' �4.�t ��-fit hill ho t,�hv l,ir��n,F _ __� �-�' rnnncih'iii � , rirtor 4hic C„hn-itiaftror+h c t r. The Architect shall be emitted to c�;::r- ensation in accordance with this Agreement For all services performed whether or not the �o�s :action Phase is commenced. -.�_� Y w�E OF ARCM{TECT'S INSTRUMENTS OF SERVICE s.; Drawings, specifications and other documents, including those in electronic form, Wren, red by the Architect and the Architect's consultants are Instruments of Service for use - •��ith respect to this Project. The Architect and the Architect's consultants shall be deemed :hos and owners of their respective Instruments of Service and shall retain all common -atuior�,� a:.d other reserved rights, including copyrights. 5.z Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive ' ir-e�: e to reproduce the Architect's Instruments of Service solely for purposes of constructing, sn� and maintaining the Project, provided that the Owner shall comply with all obligations, •_ '�i::� �ron:nt payment of all sums when due, under this Agreement. The Architect shall �'�ta� : sirniar nonexclusive licenses from the Architect's consultants consistent with this ,afire s�;ent. Any termination of this Agreement prior to completion of the Project shall terminate :his :.tense. llpon such termination, the Owner shall refrain From making further reproductions - ��r�_Iments of Service and shall return to the Architect within seven days of termination all ,a.'a a:�d reproductions in the Owner's possession or control. If and upon the date the �'� i� aciudged in 'default of this Agreement, the foregoing license shall be deemed __,- ,�'.�.d a:�c' replaced by a second, nonexclusive license permitting the Owner to authorize �`.�-: similarly credentialed design professionals to reproduce and, where permitted by law, to na1 •changes, corrections or additions to the Instruments of Service soieh• for purposes of co�^� ,leting, using and maintaining the Project. p. 11 01947 AIAO AIA DOCUMENT itt5l-t997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 flew York Avenue, N.W. Washington, D.C. 20006-5292 ;, � ib, � � r la 1.:30a Weinman architects 8177372203 p.12 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the \Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or aIterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties 114 u lI agree oiherrvise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period b} agreement of the parties or court order. 7.1.3 The parties shall share the mediator's fee and any Filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. ' 4 Agreements reached in mediation shall be enforceable as settlement agreements in any court �� g o having jurisdiction thereof. .o oJ.�.da 7.2 ARBITRATION A 1 A n 7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement -IT a151-1997 parties shall endeavor to resolve disputes b� shall be subject to arbitration. Prior to arbitration, the ' ;,ti :o owvsR- rtrediation in accordance with Paragraph ;.1. CREEMENT Amer can institute 7,2.2 Claims, disputes and other matters in question between the parties that are not resolved b\ Arc`,Jecrs mediation shall be decided by arbitration which, Unless the parties mutually agree otherwise, shall C5-529� ,' ?`_;31a Weinman Rrchitects 8177372203 p.13 e ; 7 :-cc<n•darce with the Construction Industry Arbitration Rules of the .American Arbitration -s ,cis tip;: currently in effect. The demand for arbiU�ation shall he filed in writing with the other n<�.I � :o ibis Agreement and with the ,�merican Arbitration Association. �. �. A demand For arbitration shall be made within a reasonable time after the claim, dispute .per matter in question has arisen. In no event shall the demand for arbitration be made after ,e �,vh.en institution of legal or equitable proceedings based on such claim, dispute or other _�. '.er question would be barred by the applicable statute of limitations. �.z. � No arbitration arising out of or relating to this Agreement shall include, by consolidation ;rr :ender or in any other manner, an additional person or entity not a party to this Agreement, _,;: pt ,�y written consent containinb a specific reference to this Agreement and signed by the ^�-: 1^r, ,�•c:~;itect, and any other person or entity sought to be joined. Consent to arbitration i;; r h':_.g an additional person or entity shall not constitute consent to arbitration of any claim, �isl ;ae or other matter in question not described in the written consent or with a person or ~' '.�• -net named or described thetein. The foregoing agreement to arbitrate and other agreements < ~,itrae with an additional person or entity duly consenter] to by parties to this Agreement '. ;e , necifically enforceable in accordance with applicable law in anv court having jurisdiction e�f. �,;. � The award rendered by the arbitrator or arbitrators shall be final, and judgment may be _�_ red upon it in accordance with applicable law in any court having jurisdiction thereof. G_AINiS FOR CONSEQUENTIAL DAMAGES ;_- I ,�.rca.itect and Owner waive consequential damages for claims, disputes or other matters in q�.:e ,tion arising out of or relating to this Agreement. This mutual waiver is applicable, without ;m tation, to all consequential damages due to either patty's termination in accordance with "'.:.w 8 TERMiNATIQN OR SUSPENSION s.l If the Owner Fails to make payments to the Architect in accordance with this Agreement, _�... � :ailuse shall be considered substantial nonperformance and cause for termination or, at the .., .i:ed's option, cause for suspension of performance of services under this Agreement. If the .-'�:< .itect elects to suspend services, prior• to suspension of services, the Architect shall give seven �. �, ;' written notice to the Owner. In the event of a suspension of services, the Architect shall have _.: :ability to the Owner for delay or damage caused the Owner because of such suspension of se-- ices, Before resuming services, the Architect shall be paid all sums due prior to suspension and �.; �. expenses incurred in the interruption and resumption of the Architect's services. The '._ : r:'_ect's fees for the remaining services and the time schedules shall be equitably adjusted. s.:' the Project is suspended by the Owner for more than 3o consecutive days, the Architect s,a .l be compensated for services performed prior to notice of such suspension. \Nhen the Project is 1 �sumed, the Architect shall be compensated for expenses incurred in the interruption and -es, .n,.ptien of the Architect's services. The Architect's fees for the remaining services and the time sc',� ,dates shad be equitably adjusted, �.' If the Project is suspended or the Architect's services are suspended for more than 90 co: sec•.aive days, the Architect may terminate this Agreement by giving not Less than seven days' . _' .ten hotice. 8.� 1`his Agreement may be terminated by either path• upon not less than seven days' written hol:ce should the other party Fail substantially to perform in accordance with the terms of this ?.-� cement through no faun of the party initiating the termination. � ©1997 AIA© AIA DOCUMENT 6151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N W. Washington, D.C. 20006-6292 k { !sA �!A 'w Sd -' '4 8177372203 p.14 11:31a Weinman nrehiteets .: AIA© ,-�utrneR- americ< n Institute of Architects A.v =rue, N.W. 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8,7. 8.I Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARi1ClE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2oi, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or Failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or Failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A2ot, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement, Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, eit}ler written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this agreement shall create a contractual relationshipwith or a cause of action in favor of a third party against either the O��mer ur architect. f 11:32a Weinman architects 8177372203 p.15 e s otherwise provided in this Agreement, the Architect and ,architect's consultants to responsibility for the discovery, presence, handling, removal or disposal of or re o; persons to hazardous materials or toxic substances in any form at the Project site. .s The Architect shall have the right to include photographic or artistic representations of the of the Project among the Architect's promotional and professional materials. The Architect ,iven reasonable access to the completed Project to make such representations. However, .ect's :materials shall not include the Owner's confidential or proprietary er. if the Owner has previously advised the Architect in writing of the specific ;ol atation considered by the Owner to be confidential or proprietary. The Owner shall provide rof( ssional credit for the Architect in the Owner's promotional materials for the Project. no Owner requests the Architect to execute certificates, the proposed language of such �, ail be submitted to the Architect for review at least 14 days prior to the requested _. or execution. The Architect shall not be required to execute certificates that would require <no\ "ledge, services or responsibilities beyond the scope of this Agreement. �. , : '� ?AY�{EN75 TO THE ARCHITECT ^' D!?E.CT PERSONNEL EXPENSE in-e :t .personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the )roject and the portion of the cost of their mandatory and customary contributions and -,en, fits related thereto, such as employment taxes and other statutory employee benefits, ar.ce, sick leave, holidays, vacations, employee retirement plans and similar contributions. �.� REIMBURSABLE EXPENSES ^. . Reimbursable Expenses are in addition to compensation for Basic and Additional Services . nd include expenses incurred by the Architect and Architect's employees and consultants :'ire t.v related to the Project, as identified in the following Clauses: 11 transportation in connection with the Project, authorized out-of-town travel and cl Lsistence, and electronic communications; z lees paid for securing approval of authorities having jurisdiction over the Project; 3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; A expense of overtime work requiring higher than regular rates if authorized in advance r%, the Owner; s renderings, models and mock-ups requested by the Owner; .5 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12, s other similar direct Project -related expenditures. "AYMENTS ON ACCOUNT OF BASIC SERVICES c.=; 1 An initial payment as set forth in Paragraph u.1 is the minimum payment under this Atir ^etnent. UPON RECEIPT OF INVOICE 'o.s 2 Subsequent payments for Basic Services shall be madeltu l�r and, where applicable, S':I�. '.'�e in nrot)ortion to services performed within each phase of service, on the basis set forth in paragraph ii.l?. o = : if and to the extent that the time initially established in Subparagraph 11.5.t of this ^tent is exceeded or extended through no fault of the Architect, compensation for any es in ode; zd during the additional period of time shall be computed in the manner set forth subpar agraph u.3.2. Q 1497 AIAC'� AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. LUUVO-5292 ;'7 �'- 7. 4. a 32a Weinman Architects 8177372203 p . 16 . ,i � `��:=,2} -n, i�n� is }�� ..� w� 1 nto,� r�nnit-�AF�.�}(}nli-(•H• 1 - =- - ,base et}a_�,1,. 1.;�,��-:;�U�;zi.,{�,a_ .� . __...�.. , a ._. -- !`= ',;. � �:-EH-�(�St-$r-�@�3tlf-�--e_5�1�?]a-tU'•8�--�E}HSt�FU6�i-0k�-�t�St--f9T' c,�r1i r,nrtinnc of tl�� f)rni�rt, ",n.,t ?AYMENTS ON ACCOUNT OF ADDITIONAL SERVICES -,"tts on account of the Architect's Additional Setl�iees and for Reimbursable Expenses shall :: ;. =ade �� upon presentation of the Architect's statement of services rendered or a^c ses incurred, ,,.- PAY,+iENTS WITHWELD �a ied:ctions shall be made from the Architect's compensation vn account of penalty, ''e -� iaied damages or other sums withheld from payments to contractors, or on account of the cos; ci changes in the Work other than those for which the Architect has been adjudged to be ,a'�? .. ._ ARC;iITECT`S ACCOUNTING RECORDS ��ec; rds of Reimbursable Expenses and expenses pertaining to Additional Services and services �` �r-aed on the basis of hourly rates or a multiple of Direct Personnel Expense shaIl be <<�z: i>ie to the Owner or the Owner's authorized representative at mutually convenient times. - __; "; �ASJS OF COMPENSATION -;.e �v,�ner shall compensate the Architect as follows: .. An Initial Payment of NO RETAINER REQl11RED Dollars <' )shall be made upon execution of this Agreement and credited to the �, , ,.: � zc�c�nt at final payment. '.'.;c BASIC COMPENSATION i'.:.' For Basic Services, as described in Article z, and anv other services included in Article 12 as _-t o` Basic Services, Basic Compensation shall be computed as follows: �r,<c � oasis of ronrprnsntit»a, including stipulated stuns, multiple; or percentages, and idertlifv phases to fa�hidv ,,- rrtetl:or< of cornperuation apply, if necessary.) i Please see attached cagy of our proposal letter dated 31 25 / �4 for information regarding Article7l, Basis of Compensation, p1997 AIA® AIA DOCUMENT $151-i997 ABBREVIATED OWNER• ARCHliEC7 AGREEMENT The American institute of Architects 1735 New York Avenue, N.W. Washinglan, D.C.20006.5292 i'l f ; U � J .....- ...,r...,..,.,+ ..ti..,,.�....,,,..., .,,.,h.e. i � c ,.,..,,.��1.r h,.,< nna will �„i.te�, ,tia .,,.,la,�r ,n L,oai n.,...��,.�,,.. `' C� 11:33a 817?372203 p.l? 4leinman Rrchitects ".z t �A�here compensation is based on a stipulated sum - ' <� ;Tess payr.�ents Eor Basic Service " ``��`,��{,�.,a�able. 'shall be on the basis of state_m_ents_submitted by the „ . .�dd;troltai phases as apprnprinlc•) �-Archifeirt either On a rllOnthi baSIS Ora m e IOn 0 ' nnnctr',ir�#In�-•�Yl (�fIf:I1R1P.11tci. Q EnVe ue upon rl - - ` �z�n;.c�1•�}e�i-phase:-- r—� __ ��_ uY/"F �1"'�� 7 T >'_ a._-�; o?�1Czget�a�ia�i-F-ham-- p 0 COMPENSATION rOR ADDITIONAL -SERVICES •,-,.� 7 For Project Representation Beyond Basic Services, as descried in Paragraph ;.z, compen- se; er. shall be computed as Follows: t �•, �=� `-°curly basis, including the following: II Principal $125.00 per hour Project Architect $ 85.00 per hour Senior Project Manager $ 70,00 per hour Project Manager $ 60.00 per hour Senior Draftsman $ 40.00 per hour Draftsman $ Word Processor $ 35.00 per hour I '.: ,z For Additior' 1 Services of the Architect, as described in Articles 3 and ia, other than ,':; f�,duiti.onal Project Representation, as described in Paragraph 3.z, and (z) services included in _: _ice >z as part of Basic Services, but excluding services of consultants, compensation shall be �c ' �p�+led as follows: �i i--;ert basis of comgensatiolr, including rates and multiples of Direct Perso+rxei Expense for Principals aad ?inyses> and identify Principals and classify employees, if req�rired, Identify specific services !o u-hidt -<<�ticu?nrrnedtods <�jcvrnpensation appiv, if rrecessary.J i I Oi ar i�ourly basisiincluding the fallowing: Pnnapal $125.00 per hour Project Architect $ 85.00 per hour Senior Project Manager $ 70.00 per hour Project Manager $ 60.00 per hour Senior Draftsman $ 45.00 per hour Draftsman $ 40.00 per hour Word Processor $ 35.00 per hour '` �c schedule, or �y other circumstance requires completed documents within ar a: c2lerated periai, any required overtime for this pro)ect will be additional to our ;�� .sE •lee, and will be invoiced at time and one-half (1.1 /2 times) of our regular of �rsannel rates as shown. We will endeavor to meet your schedule within our ��: s�omary hours and will obtain your permission before using overtime. ® 1997 AIAO AIA DOCUMENT 9151-t997 A88REVIATEO OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W. Washington, D.C. 20006.5292 Lill V �� - '":" ?.i_:33a Weinman Rrchitects 8177372203 p.18 ".'' For Additional Services of Consultants, including additional slnlctural, mechanical and __ -�e�' engncering services and those provided under Suhlaaraaraph 3.�}.f9 or identified in !� as part of Additional Services, a multiple of Fttleen percen�(15 /°) i �.15 1 times the ,;x; lnts billed to the Architect for such services. . _:.:`, snecife types of consultants in Article tz, if required) "clh/i�tJ°SABLE EXPENSES -_� ._:.,b�wrsable Expenses, as described in Paragraph �o.z, and any other items included in �.; le t2 as Reimbursable Expenses, a multiple of Fifteen percent (15%) (1,�5) limes the r menses incurred by the Architect, the Architect's employees and consultants directly related (-�DDSTIC)NAL PROVISIONS " t'<,e Basic Services covered by this Agreement have not been completed within TEN MONTHS ( 1 �) months of the dale hereof, through c F �u'>t of the Architect, extension of the Architect's ser�•ices beyond that time shall be compen- -_ -_ �s provided in Subparagraphs io.3.3 and t>.3.?. ._. Payments are due and payable UPON RECEIPT �------�-da`'��}�'�" �� --e Arc'itect's invoice. Amounts unpaid T4-IIRTY (30 )days after :�e nvoice date shall bear interest � t + An+nrnit help nr in thr ,hcanra tha,-vnf at the legal rate n_ revailing from time to time at the principal place of business of the Architect. '�,.;� t Date of interest agreed upon.) i`` - :`rv.�s and regt+irements under the Federal Truth in Lendntg:�ct, similar state and local consumer credit laws and other regulations at the Owners andArchitec!'s principal places of hushiess, the tocntion of the Project and ,lsewhere may affect the untidily of this provision, Specific legal advice should be obtained with respect to ': ws or modifications, and also regarding requirements such as written disc[os�n•es or waivers.} -,.-. 'The rates and multiples set forth for Additional Ser\�ices shall be adjusted in accordance a:'.!. `'_^e :rorr:�al salary review practices of the Architect. Q 1997 AIAOO AfA DOCUMENT Bt5i•1497 A88REVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N W. Washington, D.C. 20006-5292 ��t I i V � d "`fi- JT;33a Weinman Rrchitects 81??372203 p.19 `'C' " 12 OTHER CONDITIONS OR SERVICES ,�`e�c��i,�;ion� a% o!her service>, hfentil��,lddilivrrai Serviee< inch<#cd witlutt 13asit Cottipensiitiott rFnd -; io iitc payrucni and cotnpcnscitiotr tCrmS included itt dti�.lgreemcnt.l ale: Ise see attached copy of our Proposal letter dated 3 / 25 / 2004 for further information regarding axis �rTtract. n�ard of care for all professional services performed or furnished by the Consultant (Arthur �- -�� ,�, Architects) under this agreement will be the skill and care used by members of the ;,�� s�;ita.nt's profession practicing under similar circumstances at the same time and m the same ' � `< airy. Consultant makes na warranties, express or implied, under this agreement or otherwise, in �-;er iectfon with Consultant's services. Texas Board of Architectural Examiners has jurisdiction over complaints regarding the ., �: r�sicnaf practice of persons registered as Architects in Texas. The Board's current mailing address _. : '^''`�rncna number are: P.O. Box 12337 Austin, Texas 78701-2337 Telephone 512-305-9000 www.tbae.state.tx.us _.:; ��r^�w:er,: entered into as of the day and gear first �a�ritten above. �.,._ :<•' n�r�:e and title) ARCH 1 T E C T (Signature) Arthur W Weinman, A.I.A., N.C.A.R.B (rrrrneQk'�ftl�,�n�4�?�jr Weinman, Architects ca,u-! in: 1'ou should irs,�rr ezli orr5utal.alA dOCN1171'111 or a lieensc�d reprvduclion, Urigmals contain the,9L� logo ��i,.,( ri ;r red; licensed reprnductious ure the<e produced itt a�cordrauc with the Instrudiorrs to thi< document. Q 1947 AIAO AlA p'JCUMENT 6151-1991 ABBREVIATED OWNER- ARCH17ECT AGREEMENT The Arnerican Institute of Architects 1735 New York Avenue, N.W. Washin�lon, D.C. 20006-5292 Weinman Architects 8177372203 ARTHURWER MAN A R C H I T E C T zrch 25, 2004 iu�.. Nei Armstrong Sanger Presbyterian Church ner Area Historical Society Restoration FIFO c �> Mane Drive lager, Texas 76266 _, ;ter ��t's. Armstrong, Zink your for the opportunity to meet with you, blade Roark of the Texas Historical C �mrnission, the Mayor, City Manager, and your Committee yesterday to discuss the rI sloration of the old Sanger Presbyterian Church at 7' and Elm Streets, Sanger, Texas. n, restoration of the building will be completed in phases as allowed by available t:,nding.'''The first phase will be to replace the building foundation, repair all damaged od flot>r framing and other associated base framing, bring the upper structure of the i'.chg together, and perform all roof repairs resulting from the prior work. It is my _ nderstanding that your available funds to cover all work, including professional services nd reimbursable expenses, is $50,000.00 am pissed to offer you the following proposal for Architectural and Structural n^ineering services for Phase One of the restoration of the Sanger Presbyterian ;urch, Our work will include preparation of measured "as -built" drawings of the t uildinti4existing utility locations, and existing site conditions including sidewalks, �nces,street curbs and any auto parking paving. `'desired by the City, foundation design steal( be according to the gee -technical -Nvestigation and foundation design recommendations provided by the City's separately OIIIIF`� racted Geo-technical Engineering consultant. We have contacted Ron Reed III ,ngineering. Ron believes that his firm can give you a recommendation for minimum ,ast if the City can provide exploratory excavation. NQ believe a plat, provided either by City surveying staff or by a surveyor hired by the :.,ity, is necessary verification and insurance by the City for the site perimeter, building ovation, and ail existing surface improvements. ;,lull Engineering services, soils testing services (including foundation recommendation), ,;tong with perimeter survey and topological survey work if required shall be under s^carate proposal by others with the City of Sanger, and are not included in this a+ aposal. Architectural services shall include coordination of any required professional services. our services shall include preparation of documents for presentation to the local authorities for building permits, but do not include permit application services. Services o the Architect and Structural Engineer shall include advice and assistance during bidding, and checking shop drawings and required submissions. Site visits by the Architect for construction observation and verification of the progress of III in the field are included in this proposal up to two (2) visits. The Architect will be 6777 Camp Bowie Boulevard Suite 339 Fort Worth Texas 76116 8171FF737II 817437-2V3 fax IF p.20 8177372203 p.21 lle34a Weinman Architects ailable by telephone to assist the Owner and contractor with any questions during the c ntruction phase of the project. These visits would be by the Architect or the 4':,'�rt's Representative, with written field reports provided to the Owner and art actor. Additional site visits would be an addition to this proposal and invoiced at c regular hourly rates. visits are not provided by the Structural Engineer and would be an addition to this ,posal if required by unusual field conditions, and would be invoiced at this c )nsuitant's regular hourly rates. ualue of this proposal for Phase 1 services as itemized above is based on a at 'see for Architectural and Structural Engineering services: Architectural Services: $ 3,500.00 Structural Engineer Services: 350.00 Total Value of Professional Services $ 3,850.00 "n is proposal is good for 90 days from the above date* if you decide to proceed er slut date we reserve the right to review our fees at that time. -irrre will be billed on an hourly basis with statements submitted monthly or at the ,gmpietion of the Construction Documents. Payment of all invoices will be due upon eceipt of invoice. Payment not received within thirty days of invoice date shall bear ntQrest at the rate prevailing at the principal place of business of the Architect. +„�� Hourly billings for these invoices will include the following personnel rates: Principal $125.00 per hour Reimbursable expenses, reimbursable with fifteen percent (15%) handling and carrying charges, shall include the following items: Consulting Engineers, other than itemized Computer Plotting Services Photography Rendering or model production costs Long distance travel, meals, hotel, auto rental Auto travel at $ 0.30 per mile U.S. Mail and other mail services Long distance telephone and Fax machine Express Mail, Federal Express, or other local or long distance courier services :3 04 11:34a Weinman Architects 8177372203 p.22 'he Geotechnical Engineer may be able to give us a non -binding recommendation s u on foundation considerations found at neighboring construction sites. We fcst that it may be more economical for the City to have all printing for bidding poses performed locally under separate contract, using originals supplied for this ,_ csw by our firm. =lease review the attached General Conditions of the Proposal for further information D4arding this proposal. I appreciate the opportunity to assist you with this project. if ,;s araposal is acceptable I will prepare an AIA 5-151 abbreviated form of agreement s,I W.en Owner and Architect completed for this project for your signature. If you have r,t questions please do not hesitate to contact me. �rhur W, Weinman, A.I.A. 3 113 r,4 11:35a Weinman nrchitects 8177372203 p.23 C n^rat Conditions of Proposal: v :)rOposat does not include preparation of perspective drawings, presentation renderings or z�e^ration models of the project. If required these would be an addition to this proposal and c. r^ad on the basis of our hourly rates. r City, State or Federal fees for permits, fees, licenses, drawing reviews, site inspections, and �o Eoth, including Texas Accessibility Standards compliance, are the responsibility of the Owner, i' ' )e oaid directly by the Owner or by the Owner's check via the Architect with submissions. ontractor for the construction phase of the project will have lull responsibility for the :ec$Xn or removal of any asbestos or asbestos containing materials or other hazardous mr terials at the project site. The Architect is in no way responsible for any asbestos or nV ra.dous materials detection or removal. We will clearly assign asbestos and heavy metals or rdcus materials detection and removal to the General Contractor in the Construction !; a specifically understood and agreed that when a lump sum fee is quoted, the fee covers the E -formance of corresponding services only one time after authorization to proceed with the work `;' �� schedule, or any other circumstance should require completed documents within an ,.ieeated period, any required overtime for this project will be additional to our base fee, and to invoiced at time and one-half (1w1/2 times) of our regular personnel rates as shown. We ui l endeavor to meet your schedule within our customary hours and will obtain your permission fare using overtime. '✓� s shall not be responsible for any delay in services caused by circumstances beyond our ,senor le control, nor delay which may be occasioned by actions which, in the sole judgment of Architect, are required in the exercise of usual and customary professional care. The A .''itect and his consultants shall not be liable for damages arising out of any such delay, nor :i erred to be in default as a result thereof. approval of project documents have been given by yourself or your associates, additional "sc�s or additions would be an addition to this proposa{ and charged on the basis of our .:riy rates. A chitectural services do not include the services of a Registered Landscape Architect. If these sr )rvices are required they will be an addition to the Architectural services proposa[, or the direct sponsibility of the Owner. ;e standard of care for all professional services performed or famished by the Consultant ;, •r nur Weinman, Archlfiects} under this agreement will be the skill and care used by members of consultant's profession practicing under similar circumstances at the same time and in the s %me locality. Consultant makes no warranties, express or implied, under this agreement or herwise, in connection with Consultant's services. i ^ �'exas Board of Architectural Examiners has jurisdiction over complaints regarding the cfessiona! practice of persons registered as Architect's in the State of Texas. The Board's ,.rent mailing address and telephone numbers are: P.O. Box 12337 Austin, Texas 78701-2337 Telephone 512-305�9000 www. tbae. state* tx. us J n W Apri129, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Zoning Change Attached is the information on this item. The Planning and Zoning Commission unanimously recommended denial of this request. The main issues were: Spot zoning, small size of lot, and disapproval by the surrounding property owners. Date: Name. Address: ay\14 rd uL� Phone: c1 i-}D --�q0— io�''7C I am requesting th property located at d Y rt r } Z Ut U �and legally described as I }2 J Q n S r or1 to be considered for a zoning change from S ( to . The purpose for this zoning request is as follows: BU► Ici THE METES AND BOUNDS (LEGAL DESCRH'TION1 OF THE PROPERTY IS ATTACHED. C� signatur Date received Rec'd by: 4 .y PLAT MAP -- --- -- iorrower: Steve Koch File No.: 030904 i �. - S. t.'1 I� s Y � !, .,3 F 23 'i,a'Y�y ,5i ;r , 7 ;aa.t3S 4 � . ... N �? tse•s a M.,os••ss.oa s) __`... _..§ _ _ , -i � -i . _ _..—. _. ...- _-—.__1__ i.�.-. �, � , __ I;.• v � � ' � c.> �� . ---- - _ ..._.- ._. � _ rw. c. • —.-c -- _ .� o .— j �'Y� r,' .E+�� L nY t- � i �i 'y c ' G+d'� U N� ,' 'y C yL •� mod' m i; oa, r QM:n � :�l � � .� rn�' p n5q U? _.10'b � ��' � � I I �� t N z u`- .L � j c c: v -i .n , � � N'� o' °Ea -+ ' � yj m ei �� •�, C L r�-1t Y. O` t � ? Q � 3. , � , s _ _ _ � ci m �_ -�' � i s y o ' r Q1 � i f •-jt1 `\ c O " ��----------ii i; r t, � - 1 }moo ,: '_� ro � � fV trice x � --`1'8 .3 .. .. .�—_,_i. _. .`,Q a: n. cj a O! b � N o � � Utll'c Z '�Mn�M° o^S�'`� u± —'°� s �..�=1•&_,s; �-__._..._.: - '�Q Nc°a i .ogy N��1 �� NON �m �� i. I i , !� �� v� ..- $ � � QU ;y. Y -1 � N I � i j �j i o Jo � ' II ` `} _ — - - — i -- - - ---�- - --��---� � = j = s N � `..' C � �' � r` a; t - — .�C�• mac; 3•n . t-,. ��v ` ' ,�, ;, � c T- c; v. s �� • �.----------- ------�-__...___. -- I -.._ .. z - — . uh'�c��- �a.�.-- F• City of Someplace Apri119, 2004 TO: Property Owners FR: Rosalie Chavez, City Secretary The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing at 201 Bolivar, in the Council Chambers on Thursday, April 29, 2004 at 7:00 p.m. to Consider a Zoning Request Change from SF8 (Single Family 8) to 2F (Duplex) on Property Legally described as Block 2, Lot 1R, Sullivan West Addition. Property is located on Peach Street between 7r'' and 8`� Street. The City of Banger's City Council will conduct a Public Hearing at 201 Bolivar in the Council Chambers on Monday, May 3, 2004 at 7:00 p.m. to Consider a Zoning Request Change from SF8 (Single Family 8) to 2F (Duplex) on Property Legally described as Block 2, Lot 1R, Sullivan West Addition. Property is located on Peach Street between 7"' and 8`� Street. Attached is a form for you to sign stating whether or not you approve of this request. If for any reason you do not approve, or have any questions regarding this request please plan to attend this public hearing. RC ar Enclosure :f`TU zo1 BOLIVAR STREET P.O. BOX i��t9 BANGER, TEXAS �6Z66 94o-45s-793o 94o-4S8-4i8o FAR F; P&Z 04/29/04 CC 05/03/04 - -. -- - - ZONING REQUEST To Consider a Zoning Request Change from 10SF8 (Single Family 8) to 2F.(Duplea) on Property Legally described as Block 2, Lot 114 Sullivan West Addition. Property is located on Peach - Street between 7' and 8`1 Street. _ -- --_ ---- _ - _-_-- - If you disapprove this Request, please be in attendance at the_scheduled meetings. Please check one: I approve of the Request I disapprove of the Request Comments: / i. �'� •`fie- � /VOfiq . vyZl2vc�n'/ DATE % w, 5 U v62e Please Print Your Name ''� . o'`? - _: � � � ,��a� . � P&Z 04/29/04 CC 05/03/04 �. _ _ -�;� __ To Consider a Zoning Request Change from SF8 (Single Family 8) to 2F:(Dupleg) on Property Legally described as Block 2, Lot 1R, Sullivan_ Wesf Addition, Prapzrty is located on Peach Street between 7"' and 8�' Street. - - ... If you disapprove this Request, please be in attendance at the scheduled_ meetingrs. --_: -. Please check one: I approve of the Request _ _- _ _ . _- _ _ _ _ _ _ I disapprove of the Request Comments: �E'-�� n �©URc�S Please Print Your Name u v v { __�Z � � ,� DATE .� .�r�� !;` v u �,. P&Z 04/29/04 �. CC OS/03/04 _ - -. . __. _. _ _ ZONING REQUEST _ - To Consider a Zoning Request Change from SF8 (Single Family S) to 2F.(Duplea} an Property _.: Legally described as Block 2, Lot 1R, Sullivan West�Addition. Property is located on Peach Street between 7"' and 8"' Street. - - If you disapprove this Request, please be in attendance at the scheduled meetings,- -- ---: _� _ _� __ __- Please check one: I approve of the Request I disapprove of the Request Comments: SIGNA Please Print Your Name �-a�.� t. DATE _ _ __ __ _ -_ _ _ _ _ _._ _ __ ___ Grace, Michael D - - -- Sanger, TX 76266 _ _ . _ -: Johns, Robert ETUX � - 612 N. 8"' St. ___ __.__ _ Sanger, TX 76266 _ _,_ - - _ — — — -- Michael and Robin Kimberlin - - -_ - - - -- . _ _ ____ __ .- rT _-. Sanger, TX 76266 Rick and Floy Wilson 201A S. Elm Denton, TX 76201 John T. Hickman 507 7`" Street Sanger, TX 76266 Helen Bounds P.O. Box 52 Sanger, TX 76266 Bennie Schertz P.O. Box 146 Sanger, TX 76266 Timothy Parker 808 S. Peach Sanger, TX 76266 Michael Tocquign S 11 N. 8`" St. Sanger, TX 76266 Gerald Cogdell 805 Pecan Street Sanger, TX 76266 Ralph Amyx P.O. Box 326 Sanger, TX 76266 Billy and Mary Pyron 2501 Caddo Trail Sanger, TX 76266 z ,nr ;� �,. i U .�� F; _ _ _ � � y __... __ _� ..-z,�. ___ __ Terry Volz 902 Plum Sanger,.:T'X 76266 _ _ - - - - :-_= �. _�- _4,_ _ _ Terry Schertz -- 1112 Ellison Park Circle - - — -- -- — _ _ -'Denton; TX 76205 _ _ -=�--- - _ __�_. .._:_ __ _ _Opal. Ashcraft _ _.__ _ _ -------T----�—,--- -_ ,_. ,. 202 Hillcrest _ __ ___ - Sanger, TX 76266 William and Tonya Harrison - - 612 N. 9`� St. Sanger; 'i'X 76266 t;`;i;r�,�T�l April 29, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Water Line Bid The engineer, Lee Allison, requested the Council postpone awarding the bids so that he can review them and make a recommendation. April 29, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Form Board Surveys Attached is the proposed ordinance on this item. This will require form board surveys on all new construction. This will help prevent errors by the city on setback requirements. It will out the liability on the surveyor. Danny Cockrell will address this item. ORDINANCE 0542-04 THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 3.2400 FORM BOARD SURVEY REQUIRED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 3.2400, which said article shall read as follows: " ARTICLE 3.2400 FORM BOARD SURVEY REQUIRED 3.2401 This article establishes the requirement for form board surveys on all new construction. 3.2402 All builders of newly constructed residential buildings must submit a form board survey prior to requesting a foundation inspection. 3.2403 All builders of newly constructed commercial buildings must submit a form board survey prior to requesting a foundation inspection." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions A this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 3rd day of May A.D., 2004, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary APPROVED AS TO FORM: CITY ATTORNEY Apri129, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Underground Electric Attached is the proposed ordinance on this item. Mike Prater should be present to address this item. '..1 ��.` CITY OF SANGER, TEXAS ORDINANCE NO, 0544-04 THAT CHAPTER 135 ARTICLE 13.1300, INSTALLATION OF UNDERGROUND ELECTRICAL SERVICE, IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, SHALL BE AMENDED; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED AND ORDERED by the City Council of the City of Sanger, Texas Section 1. That Chapter 13, Article 13.1300 of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows. ��ARTICLE 13.1300 INSTALLATION OF UNDERGROUND ELECTRICAL SERVICE On all new Subdivisions/Developments, whether it be for primary or secondary service, the estimated cost of installation of underground service will be paid by the customer or developer in advance of construction. The actual cost shall be paid by the customer or developer upon completion of the job before service is connected. The construction is to be according to the specifications required by the city. The customer or developer shall be responsible for furnishing and installing and the expenses related thereto, of conduit and all other equipment required for the installation of all on -site underground development feeder, lateral and service lines utilized to provide electric utility service to the subdivision. The specifications for the conduit shall be approved by the electrical department prior to installation." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the 'el publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 3rd day of May, 2004 by the City Council of the City of Sanger, Denton County, Texas, APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary APPROVED AS TO FORM: CITY ATTORNEY Apri129, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Employee for Electric Department Mike Prater is requesting to hire an additional employee. His budget amendment request is attached. i�;'�� MEMO TO: lack Smith, City Manager FROM: Mike Prater, Electric Superintendent DATE: April 28, 2004 SUBJECT: Budget Line Item Amendment Per our conversation for $12,000.00 to hire an additional employee, I am requesting to transfer that amount from 5&6020 (Other Improvements) into 58- 5110 (Regular Salaries). If you have any questions, please contact me. CC: Rose Chavez Ranell Quam April 29, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Gasoline Tanks Councilman Evans requested this item be placed on the agenda. ?�r,:1� r�