ORDER N0. 27830
pPPR~VRL ~F RGREEMENT WITH
DRG RRCHITECTS, F'. L. L. C., RS PRESENTED RND RMENDED
On this the 28th day of October, 2002, upon motion made 6y
Commissioner Griffin, seconded by L'ommissioner Lets, the Court
approved by a vote of 3-1-0, with Commissioner Haldwin
opposing the Motion, the Rgr•eement for• independent cons~_rlting
architect's services for renovations and additions to Hill
Co~.mtry Youth Exhibit Center as presented and amended.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
~ REVIEWED BY THE COURT.
~,\~~
~,
MADE B~: Jonathan Letz OFFICE: Commissioners' Court
MEETI~TC~ DATE: October 28. 2002 TIME PREFERRED:
SUBJEC\T: (PLEASE BE SPECIFIC)
Consider and discuss approval of the Agreement for Independent Consulting Architect Services for the
Renovations and Additions to the Hill Country Youth Exhibit Center with DRG Architects, PLLC.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioner Pct. #3
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS KEQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
Request for Qualifications
Design-Build Services
Written Statements of Qualification are hereby requested and will be receive by the Kert County,
Texas (Owner), c/o Mr. Tommy Tomlinsoq Kert County Auditor, until '2:00 PM CST on
November 22, 2002, for Design-Build Services [o be performed on the Renovations and
Additions to the Hill Country Youth Exhibit Center ("Project"). The written Statements of
Qualifications will be opened and acknowledged at or near ~i10:(NI AM CST on November 25,
2002, a[ the regular meeting of the Kerr County Commissioners Court to be held in the Kerr
County Courthouse in Kerrville, Texas. The Project is an exhibit hall and barn with site
improvements, renovation to an existing building and demolition of an existing structure, to be
constructed using the design-build method of construction delivery.
The County has retained DRG Architects, PLLC, 10803 Gulfdale, Suite 200, San Antonio, Texas,
78216, (210) 349-7950, as its Independent Consulting Architect to act as its representative for the
duration of the work on the facility.
General Information about the Project
S[TE:
The project site is located on Kerr County property on Highway 27 South. The site is
approximately acres of gently sloping open land with existing improvements. Existing
structtu~es include an Agriculture Building, Outdoor Arena, Hog Barn, Indoor Arena and Horse
Bam. Approximately 20% of the site has existing paving. (legal description)
SCOPE:
The Scope of Work will be based on [he requirements of the attached Design Criteria Package
and will generally include:
Demolition of existing Hog Bam
Constme[ion of new SQ000 s.f. Bam
Construction of new 13,000 s.f. Exhibit Hall
New paving and overlay of existing paving
New parking lighting
Renovations [o existing Arena Building
BUDGET:
The Construction Budget shall not exceed $3,500,000.00.
Selection Procedure and Criteria:
The Owner shall evaluate Statements of Qualifications and select adesign-build firm in two
phases. [n Phase [, [he Owner will evaluate the Statements of Qualifications and shall qualify a
maximum of Offeror's to submit additional information and to interview for £mal selection in
Phase lI.
Comment: CoWd be November IS
Comment: could be November IB
Comment: speciil
Design-Build Request for Qualifications:
Renovations and Additions to the
Hill Country Youth Exhibit Center
Phase 1
Statements of Qualifications shall address the following criteria, with each category being tabbed
and each of the Offerors responses to the specific criteria being labeled (1. A, 2.A, etc.) in a
cortesponding manner for the convenience of [he reader.
1. Introduction, Identity and Location of the Offeror. (10 points maximum)
A. Indicate the exact legal name of Offeror, type of legal organization, State of organization,
malting address, the office/business location of the Offeror from which the Project will be
managed, the distance from that office/building location to the Project location and
comment on Offeror's availability to the Project and the Owner.
2. Experience: (30 points maximum)
A. Identify related projects constructed by the Offeror.
B. Identify related projects designed by the Offeror or Offeror's consultants.
3. Technical Competence: (25 points maximum)
A. Indicate [he qualifications and technical competence of the Offeror's construction and
design staff [o be assigned to the Project.
B. Indicate the qualifications and technical competence of any design consultants.
C. Provide an organizational chart of the design-build team.
D. Offeror must certify that each engineer or azchitect that is a member of its team was
selected based on demonstrated competence and qualifications in [he manner provided by
Section 2254.004, Government Code.
4. Capability to perform: (IS points maximum)
A. tndica[e the Offeror's current workload and what effect it has on the Offeror's ability to
design and construct the project.
B. Indicate that should the Offeror be awarded the Project, Offeror can and will deliver
performance and payment bonds for the project not Ia[er than the 10'" day after the Offeror
executes a contract.
5. Past Performance of the Offeror's Team: (20 points maximum)
A. Indicate whether any officer, director, shareholder, partner, proprietor or staff of Offeror
have, within the last 5 years, been an officey director, shareholder, partrteq proprietor, or
employee of another entity that has engaged ut construction operations. Give the name
and address of each entity and the period of time affiliated with that entity.
B. Indicate safety record on previous projects constructed by the Offeror.
C. Indicate whether Offeror has had construction contracts terminated prior to completion or
whether a bonding company surety has had to pay funds under a bond of the Offeror.
D. Indicate Offeror's past performance on meeting schedules.
E. References.
^ Indicate (5 minimum) general references who can attest to [he Offeror's
ability, performance, and safety record.
^ Indicate (3 minimum) County Officials who can attest to the Offeror's ability
to meet the Owner's needs; ability [o maintain budgets; and cooperation with
officials.
^ Indicate (3 minimum) architect references who can attest to the Offeror's
abilities in value engineering, cost control, and consttuctability issues.
Page 2 of4
Design-build Request for Qualifications:
Renovations and Additions to the
Hill Country Youth Exhibit Center
6. Cost related or Price Related information:
A. Cost related or price related information as it pertains to this Project is NOT permitted to
be included in the Offcror's proposal.
Phase II
Design-Build firms/teams qualified (short-listed) to provide additional information and to
interview in phase 1[ of the selection process shall be notified of the time and place of the
interview. The qualified firns/teams shat) provide additional information regarding the
following criteria: (DO NOT submit this inforna[ion during Phase 1 of the selection process).
Proposed site and floor plan (conceptual only, do not submit detailed plans).
Indicate proposed type of construction, including materials and equipment, safety and
long-term durability of the Project.
Indicate anticipated schedule for design and construction of [he Project.
Indicate the feasibility of implementing the Project as proposed.
Indicate the costing methodology toed by the Offeror N arriving at a guaranteed
maximum price.
Indicate the costs included in a guaranteed maximum price, specifically noting any
exclusions anticipated.
Final Selection:
The Owner will rank each Offeror on [he basis of the weighted criteria stated herein and the
results of an interview. The Owner shall select the design-build firm that offers the best value on
[he basis of [he selection criteria and its ranking.
The Owner shall first attempt to negotiate a contract with the selected Offeror. If the Owner is
unable to negotiate a satisfactory contract with the selected Offeror, the County shall, formally
and in writing, end negotiations with that Offeror and proceed to negotiate with the next Offeror
in the order of [he selection ranking until a contract is reached or negotiations with all ranked
Offerors end.
Following the selection of a design-build firtttfteam that firm's engineers or architects shall
complete the design, submitting all design elements for review and determination of scope
compliance to the Independent Architect and all authorities having jurisdiction over the Project
before construction is commenced.
An engineer shat] have responsibility for wmpliance with the engineering design requirements
and all other applicable requirements of the Texas Engineering Practice Act (Article 3271a,
Vemon's Texas Civil Sta[u[es). An architect shall have responsibility for compliance with the
requirements of Chapter 478, Acls of the 45'" Legislature, Regular Session, 1937 (Article 249a,
Vemon's Texas Civil Statutes).
The Owner will provide or contract for, independently of the design-build firm/[eam the
inspection services, the testing of consttuMion materials engineering, and the verification testing
services for acceptance of the facility.
Page 3 of 4
Design-Build Request for Qualifications:
Rrnovadons and Additions to the
Hill Country Youth Exhibit Center
The design-build firm team shall supply a signed and sealed set of conswction documents for the
Project to the Owner at the conclusion of cnnswetion. The set of documents shall fully illustrate
the as-built conditions of the project and be reviewed by the Independent Consulting Architect
prior [o being submitted to the Owner.
A payment or performance bond is not required for, and may not provide coverage for, the
portion of a design-build convect under this section that includes design services only. If a fixed
contract amount or guaranteed maximum price has not been determined at the time adesign-build
contract is awarded, the penal sums of the performance and payment bonds delivered to Owner
must each be in an amount equal to the Project construction budget. The design-build firm shall
deliver the bonds not later than the 10'" day after the date the design-build firm executes the
contract unless [he design-build firm furnishes a bid bond or other financial security acceptable [o
the Uwner to ensure [hat the design-build firm will famish the required performance and payment
bonds when a guaranteed maximum price is established.
The Design-Build firm selection process shall be governed by and in accordance with Senate Bill
51, Texas 7T" Legislature (Texas Local Government Code 271.1 I9).
Statements of Qualifications shall be delivered to
MR. TOMMY TOMLINSON
KERR COUNTY AUDITOR
700 MAIN STREET
ICERRVILLE, TEXAS 78028
Proposals shall be bound in 8 '/z x I I" forma[. Provide six (6) copies and submit in a sealed
envelope marked "Statements of Qualifications: Design-Build Services for Renovations and
Additions to the Hill Country Youth Exhibit Center". Owner assumes no responsibility and will
make no payment for any costs associated with the preparation of a response to this Request for
Qualifications.
Questions concerning this Request for Qualifications shall be directed to the Independent
Consulting Architect.
Offeror's failure [o accurately and cleazly respond to the selection criteria shall be grounds for
considering the Otferor's entire Statement of Qualification to be non-responsive and subject to
rejection. Owner reserves the right to waive any informality or irregularity in any information
received.
Page 4 of 4
Feb 20 03 1Os10a DRG Desk 210-366-0947 p.2
AGREEMENT FOR INDEPENDENT CONSULTING ARCHITlrCT SERVICES
FOR THE
RENOVATIONS AND ADDITIONS TO THE HILL COUNTRY
YOUTH ExHIBIT CENTER
This Agreement is made by and between ORG ARCFAT`ECTS, PLLC, as Independent Consulting
Architect (hereinafter referred to as "Consulting Architect" and K$RR COUNTY, TEXAS, a
political subdivision of the State of Texas (hereinafter refemd to as "Owner's on this the I5"' day
of October 2002.
The Owner and Consulting Architect agree as follows:
1.0. GENERAL
I.1. Owner intends to construct a new bam and exhibit hall, make renovations and additions
to existing structures and make certain site improvan¢nts at the Hiil Country Youth Exhibit
Center in Kerrville, Texas (hercinaftcr referred to as the "Project" and titled "Renovations and
Additions to the Hill Country Youth Exhibit Center'7.
1.2. Owner intends to utilize the design-build method for Ore construction of the Project. as
provided for In the Local Government Code, Chapter 271.
1.3. In order to comply with the rogulations governing design-build contrxts for facilities and
to provide Consulting Architect to act as its representative for the duration of work on the facility,
Owner has selected DRG ARCHITECTS, PLLC to fulfill those raquiren:^.nts.
I.4. ARG ARCHITECTS, PLLC, is an atchiteettrral fum which proposes to use architects
of its firm who ace licensed in the Stato of Texas to provide such independent architectural
consulting services to the Owner and to supervise the services provided by the Consulting
ArchitCCt's reprc3entatives.
2.0. SELECTION PHASE
2.1. Consuhing Architect shall prepare a Request for Qualifications that includes general
information on the project site, project scope, budget, special systems, selection criteria, and other
information that may assist potential design-build firms in submitting proposals for the project
2.2. Consulting Architect shall propane a design criteria package that includes more detailed
information on the project to be issued along with the Request for Qualifications.
2.3. Consulting Architect shall assist the Owner in the evaluation of the Statements of
Qualifications and qualifications of responding design-build firms. Consuhing Architect will
develop criteria for additional inrormation to be submitted by mspondents at time of interviews.
2.4. Consuhing Architect shall assist the Owner in interviewing design-build fums prior to
final selection.
Feb 20 D3 lO:lDa DRG Desk 210-366-847 p.3
Agreement betwern Owner and Consulting Atehitect
Renovations and Additions to the Hill Country
Yrxith Exhibit Center
October I5, 21102
2.5. Consulting Architect shall assist the Owner, as necessary, in the negotiation of a contract
between the design-build firm and the (honer.
2.6. Consulting Arohited shall include trips t4 Kerr County as necessary during this phase of
the work.
3.0. IDESIGN PHASE
3.1. Consulting Architect will facilitate design meetings betwcen Owner and Design/Build
firm.
3.2. Consulting Architect shall review Ole plans and specifications prepared by the selected
design-build film for general compliance with the Design Criteris Package, applicable Building
Codes, and any other rules and regulations which may apply to the pro~cct.
3.3. Plans and specifications shalt be reviewed at design phase and construction document
phase prior to design-build firm submitting the construction documents to authorities having
jurisdiction over the Project
3.4. Consulting Architect shall review the design-build faro's request for payment for design
work completed during this phase of the project. The Consulting Architect shall review the pay
request for completeness, accuracy, and documentary support. The Consulting Architect shalt
issue a written recommendation to the Owner as to whether the payment request should be
approved in whole or in part, for payment by the Owner.
3.5. Consulting Architect shall include trips to Kerc County as necessary during this phase of
the work.
4.0. CONSTRUCTION YHASE
4.1. Consulting Architect shall assist the Owner in selecting an independent testing firm to
test wnstruetion materials, reviewing and coordinating their work throughout the project.
4.2. Consulting Architect shall visit the site not less than twice tech month during the
construction of the Project to observe the work in progress and to determine if the work is in
compliance with the cotuWCtion documents. The Consulting Architect shall keep the Owner
informed about the progress and quality of the work and to determine in general if the work is
being performed in a manner indicating that the work, when fully completed, will be in
accordance with the constntetion dacumtnts.
4.3. During one of the momhly site visits, the Consulting Architect shall review the design-
build firm's request for payment for construction work completed during the last month's period .
The Consulting Architect shall review the pay request fpr completrness, accuracy, documentary
support, compliance with the construction documents, and consistency with the approved
schedule of values. The Consulting Architect shall issue written recommendation to the Owner
Pago 2 of 5
Feq 20 03 10:10a DR6 Desk 210-366-0947 p.4
Agreement between Owner and Consulting An;hitee[
• Renovations and Additions to the Hill Couany
Youth Exhibit Center
October 15, 2002
as to whether the payment request should be approved in whole or part, for payment by the
Owner.
4.4. Consulting Architect shall have the authority to reject defective or non-conforming work.
This authority exists even where the design-build firt's Architect-of-Record has not n jeered
such work. The Consulting Architect shall have the authority to require additional testing or
inspection where it deems necessary.
4.5. Consulting Architect shall review or take necessary action, as specificslly delegated by
the Owner, on proposed change orders, change directives or other amendments to the contractual
agreement bahveen the design-build firm and the Owner.
4.6. Consulting Architect shall consider the design-build firm's request for issuance of The
certificate of substantial completion and upon concutrcnce by the Owner shall issue said
certif sate indicating the date that the project is determined to be substantially complete.
4.7. Consulting Architect shall participate in the final punch-list walk-through including
identificution of items requiring completion for purpose of determining whether the certificate for
final payment should be issued.
4.8. Consulting Architect and its representatives shall include trips to Kerr County as
necessary during this phase of work.
5.0. ATTENDANCE AT MEETINGS
5.1. Consulting Architect shall attend the regular scheduled monthly progress meeting and
meet with the Owner periodically to report on the Project and its progress.
S.Z. Consulting Architect shalt attend and address the Commissioners Court in person if
necessary to report on progress or rA discuss any issues that may develop.
5.3. Consulting Architect shall provide the Owner with a monthly repoR on the progress of
work, the activities of the Consulting Architect, and a swnmary of any recommendations.
approvals or rejections of work the Consulting Architect has issued.
b.0. COMPENSATION TO CONSiJI.TING ARCIIITECT
6.1. The total fce to be paid to the Consulting Architect for services rendered hereunder shall
be a stipulated sum of One Hundred Five Thousand Dollars (5105,000.40) and will include the
services of its personnel and travel related Cxpenses. The cost of any required printing or delivery
services shalt be deemed reimbursable and will be invoiced as an additional cost to the Owner,
including a !0°/n mark-up for handling.
6.2. The fee will be based upon the following amounts per phase of work:
Selection Phase 520,000.00
Page 3 of i
Feb 20 03 1t3: ilia I)RG ^esk 210-366-0947 p.5
Apreemrnt between Qwner and Consulting Amdtitod
Renovations and Additions to dte Hill Couatry
Youth Exhtbit (;eater
October is, z002
p~;~, pie $15,000.00
Consttnction Phase 7$ O.p00.00
Total $105,000.00
6.3. Fifty pereettt of the fee for selection phase will be deferred until and comingmt upon
successful passage of Owner's proposed bond election. Owner will not be obligated for file
deferred amount or fees for pesign Phax or Construction Phase absent successful passage of
bond election.
6.4. Upon stccessful passage of bond elation and sale of the bond(s) Owner shall pay
deferred fees. Fees for Design Phase and Cottstttction Phase will be billed on a monthly basis in
equal amounts based ondesign-build fum's approved schedule.
7.fl. MISC£LT.ANEOUS TERMS
7.1. Notices on other matters required hereunder to be sent from one party to the other shall
be provided at the following addresses by verifnxl facsimile, fedentl express or U. S. Mail:
Owner: TCERR COUNTY, TEXAS
Kerr County dodge
700 Main Street
Kerrville. Texas 78028
Facsimile: {830) 742-2218
Consuting Architect: D[LG ARCFITl'ECTS,1'I.T.C
Wayne El. Gondeck, Principal
10803 Gulfdale, Suite 200
San Antonio, Texas 78216
Facsimile: (210) 366-0847
7.2. The venue of this agreement shall be and this agreement shall be perfortacd in Kerr
Coumy, Texas
7.3. This agreement represents the entire agreement between rite Owner and the Consulting
Architect and supersedes all prior negotiations, representations or agreemems, either written or
oral. This Agfeemem may be amended only by written instrument signed by both the Owner and
Consulting Architect.
7.4. This agreement may be thminated by either party for cause upon seven days written
notice. Substantial non-performance by either party may be cause for temtination. Owner may
terminate this agreerent at any time for convenience. if Owner terminates for conv¢stience prior
Page 4 of 5
Feb 20 03 SO:IOa DRG Desk 210-366-0847 p.6
Agrcearam between Owner and Coasultiag Architad
Renovations and Additions w the Hill Crnmay
Youth Exhibit Center
tktober 15, 2002
W the holding of proposal bond election, the Chuner shall pay Architect alt fees earned to date of
termination including any deferred amouMS.
7.5. The Texas Board of Architectural Exarttiaets, P. O. Box 12337, Austin, Texas 78701-
2337 or 333 Guadalupe ,Suite Z-350, Austin, Texas, 78701-3942 (Telephonc:512-305-9000} has
jurisdiction over individuals licensed under The Architects Registrntion Law, Article 249a.
7.6 Consulting ArnhiteM shall strange and pay for the professional services of a qualified
Environmental Engiaeering firtn to conduct an asbestos survey ofthe buildings to be renovated or
demolished az part of this Project. Owner shall reimburse Consulting Architect for the
Environmental F.ngincering Res out of current funds upon completion and acceptance of the
Engineer's report by the Owner. [a the event that asbestos removal is required, the Consulting
Architect will similarly strange for the Environmental Fatgiruxx m develop a Scope of Work and
Specifications to be used in the asbestos removal. Consulting Architect shall not perform any
services or cause the F,nvironmcrtta! Engineer to perform any services under this paragraph until
the Owner has approved the runount of fees to be paid for the services to be performed.
This Agreement entered into by Owner and Consulting Architect at executed below:
1{ERR CO[JN1'Y, TEXAS
By!
Honorab Fred Henneke ,
Kerr County Judge
Date: /~/,l~D ~
DRG ARCEIII'lECTS, Pr.T.r
/~ ,y
gy, /` ~ _~ P ~ ~K _
re H. Gondecl~ Principal
Date: // ~/ ~C
Page 5 of 5