ORDER NO.30723
PETER W. LEWIS ARCHITECT AND ASSOCIATES DESIGN FOR HILL
COUNTRY YOUTH EXHIBIT CENTER
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Approve the Service Contract with Peter W. Lewis Architect and Associates as
revised.
3 ~ ~a 3
. ~~
COMMISSIONERS' COURT AGENDA REQUEST
err
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Comm. Letz, Pct. 3 OFFICE: County Commissioner
MEETING DATE: February 11, 2008 TIME PREFERRED:
SUBJECT: Consider, discuss and approve service contract with Peter W. Lewis
Architect and Associates and discuss design planning for the Hill Country Youth Exhibit
Center.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Letz, Pct. 3
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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:
5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
PETER ~V. LE`VIS
Architect '~~
1 ~ ;
i 44
Associates
%i.r.c
January 17, 2008
Jonathan Letr
Kerr County Commissioner
700 N. Main Street, Suite 103
Kerrville, Texas 78028
RE. Planning Design Services Proposa(
Kerr County Youth Exhibit Center
Dear Commissioner Letr:
~~,~
We are pleased to submit the following Planning Design Services Proposal. Based upon or
recent discussions we have prepared the following Schedule of Services and Fees.
A. Existing Facilities Survey
^ Using Property Survey(ies) locating boundaries, improvements, utilities and significant
tress, Record Drawings of existing facilities (as available) and other pertinent
`~ documents, provided by Client, create an Overall Site Plan which locates existing
buildings, drives, walks and other improvements sufficient in detail and accuracy for
Concept Planning work. The document will be in an electronic format using AutoCAD
2004 software.
^ Review applicable codes induding 2003 international Building Code, 2000 International
Fire Code, Texas Accessibility Standards and others, as applicable, for regulations
which might affect existing or proposed facilities.
l3. Programming Services
a Meet with Commissioners, appropriate County Staff, and other Community
stakeholders to discuss physical and functional needs and to listen to expectations
o Based upon this meeting(s) and Owner provided Goals and Summary of intended
uses, prepare a Program of Space Needs
C. Master Planning Services
o Conceptual Building Plan study(ies}, based on Program of Space Needs, for use in
Site Master Planning
^ Site Plan: Building .Placement; Traffic Circulation and Parking studies
^ C?verall Site Drainage
^ Aer'ial Image of Site and Proposed Buildings
a Develop guidelines for new building Design and Construction
^ Prepare a preliminary Estimate of Probable Construction Costs for the Master Plan, in
2008 dollars

824 WATER STREET SUITE 100 KERRVILLE. TEXAS 78028
dFFICE: 830.896.4220 ~- FAX: 838.896.4226
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D. Fee Schedule : Fixed Fees
^ Item A: Existing Facilities Survey $ 4,000.00
o Item B: Programming Services $ 3,500.00
^ Item C: Masterplanning Services $ 15,000.00
Total $22,500.00
F. Reimbursable Expenses
Reimbursable expenses are defined as follows and will be billed at a multiple of 1.15 times
cost (invoice): reproduction of documents, shipping and mailing expenses, long distance
telephone and fax, and out-of-town Project related mileage will be billed at current Standard
Rate.
If the terms of this Proposal are acceptable to you, please indicate so by signing and returning
one copy of this Proposal. Again, thank you. We took forward to the opportunity to be of
SerYICe!
Ve truly yours,
~~
~` r 7r
Peter W. Lewis, Architect
Principal

Accepted for Kerr County Commissioners
Date
7'C~ (lip 17-CC,F-(1C`4 Tam i ini not inr or_n•cn nn nn n~
PROFESSIONAL SERVICES AGREEMENT
DATE: January 37, 2008 PROJECT NO: 200732
CLIENT:	Kerc County, Texas
C03~ITACT NAME:	Jonathan Letz, Commissioner
ADDRESS:	700 N. P~Aain Street
	Kemple, Texas 78028
TELEPHONE ~:	{830) 792-2216 CELL #: (830) 739-1699
Peter W. Lewis. Architect + Associates PLLC chitectj ~S HEREBY AUTHORIZED TO PERFORM PROFESSIONAL DESIGN 5ERVICES IN
CONNECTION WITH THE FOLLOWING PRbJEGT (S):
PROJECT NAME: Kerr County Youth Exhibit Center Master Pian
STREET: 3705 Highway 27 East CITY 8 STATE: Kerr County, Texas 78028
SCOPE OF SERVICES S PROJECT DESCRtPTtON:
Refer to "Professional Desig» Services Prr~posaP' dated January 17, 2007, attached, which shall comprise part of this Agreement.
GENERAL CONDITIONS:
'1. Services provided by the Ardhitect under this Agreement will be performed in a manner consistent with the degree of care autd skill
ordinarily exerdsed by other architects currently practicing under similar circumstances.
Z. AS part of the ArchitecPs quality control procedures, the Architect wiN take one to two weeks to review and coordinate all architectural and
consultant drawings before final printing.
3. The Architect does not warranty his work to be perfect and without fault. In the preparation of designs, drawings, and specifications, errors
and omissbns may inadvertently be made by the Architect. Any error or omission by the Architect shalt be corcected by the Architect on
the documents at no additional cost to the Owner.
4. The Architect is not liable for the accuracy or completeness of drawings and speclfications until the final documents, bearing the
Architect's seal and signature, are issued by the Arohaed to the Contractor for construction of the project. The Architect is not liable for
the completeness or accuracy of drawings or other documents provided on electronic media, if any.
5. The Owner and the Owner's personnel shall promptly report to the Architect in writing any defects or suspected defects in the Architect's
work or services, in order that the Architect may take measures which, in the Architect's opinion, will minimise the consequences of such
defect.
6. As part of Basic Services during the Construction Phase of the project, the Architect shalt review the project and may recommend design
changes, additions, or improvements to the project These changes, when approved by the Owner, shall be added to the work by change
order.
7. Ali costs required for the construction of the project are solely the responsit~lity of the Ovmer and are not to be paid, in whole or in part, by
the Architect.
INDEMNIFICATION;
1 The Client agrees to hold hamless and indemnify the Architect for and against ail daims. damages, awards and costs of defense arising
N~ ~ out of delays in the Architect's performance resulting from events beyond the Architects control.
C ~ 2. Whereas job-site safety conditions are the sole responsibility of the Contractor, the Client agrees to hold harmless ar the
~,UrA ~,,,.~'~ Architect for and against alt daims related to job-site safety.
~~,cu 3. The Client agrees to stipulate within the Contract Documents that the Contractor (or Client) shall purchase and maintain, durirrg the course
of construction, "alMrisk" Builder's Risk insurance which names the Contractor, the Client's agents and the Architect as additional insured.
4. The Owner waives any claim against the Archtect for the Architect's recommending or otherwise participating in the selection of a
Contractor who, for any reason, displeases the Owner.
RISK ALLOCATION:
In recognition of the relative risks, rewards and benefits of the project to both the CGenE and the Architect, the risks have been allocated suds
that the CI'ienY agrees that, to the fullest extent permitted by taw, the Architect's total liability to the Cfient for any and aFl injuries, daims, losses,
expenses, damages or claim expenses arising out of this Agreement from arty cause or uses, shall not exceed total Fees paid to the
Architect. Such causes include, but are not limited to, the Archftect's- errors, omissions, strict liability, breach of contract or breach
of warranty.
Page 1 of 2
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TERMINATION:
This Agreement may be terminated by either party upon seven (7} days' written notice in the event of persistent failure of performance of
the material terms and conditions of this Agreement by the other party through no faun of the terminating party.
If this Agreement is terminated during the course of performance of the work, the Architect shall be paid the reasonable value of the
services performed during the period prior to the effective date of terminaton of the Agreement.
In the event of termination, the Architect shall be paid all terminal expenses resulting there from.
If, prior to termination of this Agreement, any work designed or specified by the Architect during any phase of the work is suspended in
whole or in part for more than three (3) months or abandoned after written notice from the Client, the Architect shall be paid for such
services performed up to the date of receipt of such notice.
REIMBURSABLE EXPENSES:
1. Reimbursable expenses are defined as fellows and shall be invoiced at direct cost (invoice) plus fifteen percent (15%) for overhead:
2. Reproduction of documents (Xerox copies and blueline prints).
3. Shipping and mailing expenses.
4. Long distance telephone and telecopies (FAX).
5. Photos. Developing, Models and Outside Renderings.
6. Any other disbursements, application fees, etc. made on behalf of the Client
7. Project mileage will be billed at cement standard mileage rate ~ ~
3
8. Consulffints {except for any previously listed above). ~~,'i'U%p ~ ~,~ -
5
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BILLINGSlPAYMENTS: ~ U
TIC C3o~
Invoices for the ArchiteG's services shag be submitted semi-monthly and are due within toaer+tlr-ene~{~}t days after the invoice date. All billings
over thirty {30}days past due will be subject to interest charges of ane percent {1 %) per month on the unpaid balance. to the event any or al l of
the account remains unpaid in full ninety {90) days after initial bilAng, the Client shall be responsible for all costs of collection. including
reasonable atbomey's fees.
OWNERSHIP OF DOCUMENTS:
All documents produced by the Architect under this Agreement shat) remain the property of the Architect and may not be used by the Client for
any other endeavor without the written txxtsent of the Architect.
MEDIATION:
Prior to arbitration or litigation, the pa Ries shag endeavor to settle disputes by mediatan in accordance with the Construction Industry Mediation
Rufes of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for medla6on shad be
filed in writing with the other party to this Agreement and with the American Arbitrafron Association. A demand far mediation shall be made
within a reasonable time affer the claim, dispute or other matter in question has arisen.
In no event shall the demand for mediation be made after the date when institutes of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the appllgble sffitute of Gmiffitions.
The terms and conditions and the initials, if required, on the first page of Ihis farm are a part of this Agreement.
The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as
architects in Texas.
Texas Board of Architectural Examiners
333 Guada~pe, Suite 2-350
Austin, Texas 7$701-3942
(512)305-9000
t
Ar itect: P er .Architect + Associates, PLLC
S Q
B .- 1 ~7 ~S
Peter W. Le~iis Date
Principal
Client: Kerr County, Texas
By:
Date

Page 2 of 2
~'d (1h L7-QF,F,-fl~`R Tam i mi nni inr ocn~cn ~., .,~. ..~, ,
`PETER VV. LEW1S
Ar.,;hitect
Associates
r~.~.c
January 17, 2008
Jonathan Letz
Kerr County Commissioner
700 N. Main Street, Suite 103
Kerrville, Texas 78028
824 WATER STREET SUITE 100 KERRVILLE, TEXAS 78028
OFFICE: 830.896.4220 FAX: 830.896.4226
RE: Planning Design Services Proposal
Kerr County Youth Exhibit Center
Dear Commissioner Letz:
We are pleased to submit the following Planning Design Services Proposal. Based upon or
recent discussions we have prepared the following Schedule of Services and Fees.
A. Existing Facilities Survey
^ Using Property Survey(ies) locating boundaries, improvements, utilities and significant
trees, Record Drawings of existing facilities (as available) and other pertinent
documents, provided by Client, create an Overall Site Plan which locates existing
buildings, drives, walks and other improvements sufficient in detail and accuracy for
Concept Planning work. The document will be in an electronic format using AutoCAD
2000 software.
^ Review applicable codes including 2003 International Building Code, 2000 International
Fire Code, Texas Accessibility Standards and others, as applicable, for regulations
which might affect existing or proposed facilities.
B. Programming Services
^ Meet with Commissioners, appropriate County Staff, and other Community
stakeholders to discuss physical and functional needs and to listen to expectations
^ Based upon this meeting(s) and Owner provided Goals and Summary of intended
uses, prepare a Program of Space Needs
C. Master Planning Services
^ Conceptual Building Plan study(ies), based on Program of Space Needs, for use in
Site Master Planning
^ Site Plan: Building .Placement; Traffic Circulation and Parking studies
^ Overall Site Drainage
^ Aerial Image of Site and Proposed Buildings
^ Develop guidelines for new building Design and Construction
^ Prepare a preliminary Estimate of Probable Construction Costs for the Master Plan, in
2008 dollars
D. Fee Schedule : Fixed Fees
^ Item A: Existing Facilities Survey $	4,000.00
^ Item B: Programming Services $	3,500.00
^ Item C: Masterplanning Services $	15,000.00
Total $	22,500.00
F. Reimbursable Expenses
Reimbursable expenses are defined as follows and will be billed at a multiple of 1.15 times
cost (invoice): reproduction of documents, shipping and mailing expenses, long distance
telephone and fax, and out-of-town Project related mileage will be billed at current Standard
Rate.
If the terms of this Proposal are acceptable to you, please indicate so by signing and returning
one copy of this Proposal. Again, thank you. We look forward to the opportunity to be of
service!
Ve truly yours,
r~
Peter W. Lewis, Architect
Principal

County Commis
Date
PROFESSIONAL SERVICES AGREEMENT
DATE: February 11, 2008 PROJECT NO: 200732
CLIENT: Kerr County, Texas
CONTACT NAME: Jonathan Letz, Commissioner
ADDRESS: 700 N. Main Street
Kerrville, Texas 78028
TELEPHONE #: (830) 792-2216 CELL #: (830) 739-1699
Peter W Lewis Architect + Associates PLLC (Architect) IS HEREBY AUTHORIZED TO PERFORM PROFESSIONAL DESIGN SERVICES IN
CONNECTION WITH THE FOLLOWING PROJECT (S):
PROJECT NAME: Kerr County Youth Exhibit Center Master Plan
STREET: 3705 Highway 27 East CITY & STATE: Kerr County, Texas 78028
SCOPE OF SERVICES & PROJECT DESCRIPTION:
Refer to "Professional Design Services Proposal" dated January 17, 2008, attached, which shall comprise part of this Agreement.
GENERAL CONDITIONS:
1. Services provided by the Architect under this Agreement will be performed in a manner consistent with the degree of care and skill
ordinarily exercised by other architects currently practicing under similar circumstances.
2. As part of the Architect's quality control procedures, the Architect will take one to two weeks to review and coordinate all architectural and
consultant drawings before final printing.
3. The Architect does not warranty his work to be perfect and without fault. In the preparation of designs, drawings, and specifications, errors
and omissions may inadvertently be made by the Architect. Any error or omission by the Architect shall be corrected by the Architect on
the documents at no additional cost to the Owner.
4. The Architect is not liable for the accuracy or completeness of drawings and specifications until the final documents, bearing the
Architect's seal and signature, are issued by the Architect to the Contractor for construction of the project. The Architect is not liable for
the completeness or accuracy of drawings or other documents provided on electronic media, if any.
5. The Owner and the Owner's personnel shall promptly report to the Architect in writing any defects or suspected defects in the Architect's
work or services, in order that the Architect may take measures which, in the Architect's opinion, will minimize the consequences of such
defect.
6. As part of Basic Services during the Construction Phase of the project, the Architect shall review the project and may recommend design
changes, additions, or improvements to the project. These changes, when approved by the Owner, shall be added to the work by change
order.
7. All costs required for the construction of the project are solely the responsibility of the Owner and are not to be paid, in whole or in part, by
the Architect.
INDEMNIFICATION:
1. The Client agrees to hold harmless the Architect for and against all claims, damages, awards and costs of defense arising out of delays in
the Architect's performance resulting from events beyond the Architect's control.
2. Whereas job-site safety conditions are the sole responsibility of the Contractor, the Client agrees to hold harmless the Architect for and
against all claims related to job-site safety.
3. The Client agrees to stipulate within the Contract Documents that the Contractor (or Client) shall purchase and maintain, during the course
of construction, "all-risk" Builder's Risk Insurance which names the Contractor, the Client's agents and the Architect as additional insured.
4. The Owner waives any claim against the Architect for the Architect's recommending or otherwise participating in the selection of a
Contractor who, for any reason, displeases the Owner.
RISK ALLOCATION:
In recognition of the relative risks, rewards and benefits of the project to both the Client and the Architect, the risks have been allocated such
that the Client agrees that, to the fullest extent permitted by law, the Architect's total liability to the Client for any and all injuries, claims, losses,
expenses, damages or claim expenses arising out of this Agreement from any cause or causes, shall not exceed total Fees paid to the
Architect. Such causes include, but are not limited to, the Architect's, errors, omissions, strict liability, breach of contract or breach of warranty.
TERMINATION:
Page 1 of 2
1. This Agreement may be terminated by either party upon seven (7) days' written notice in the event of persistent failure of performance of
the material terms and conditions of this Agreement by the other party through no fault of the terminating party.
2. If this Agreement is terminated during the course of performance of the work, the Architect shall be paid the reasonable value of the
services performed during the period prior to the effective date of termination of the Agreement.
3. In the event of termination, the Architect shall be paid all terminal expenses resulting there from.
4. If; prior to termination of this Agreement, any work designed or specified by the Architect during any phase of the work is suspended in
whole or in part for more than three (3) months or abandoned after written notice from the Client, the Architect shall be paid for such
services performed up to the date of receipt of such notice.
REIMBURSABLE EXPENSES:
1. Reimbursable Expenses are defined as follows and shall be invoiced at direct cost (invoice) plus fifteen percent (15%) for overhead:
2. Reproduction of documents (Xerox copies and blueline prints).
3. Shipping and mailing expenses.
4. Long distance telephone and telecopies (FAX).
5. Photos, Developing, Models and Outside Renderings.
6. Any other disbursements, application fees, etc. made on behalf of the Client
7. Project mileage will be billed at current standard mileage rate
8. Consultants (except for any previously listed above).
BILLINGS/PAYMENTS:
Invoices for the Architect's services shall be submitted semi-monthly and are due within thiry (30) days after the invoice date. All billings over
thirty (30) days past due will be subject to interest charges of one percent (1%) per month on the unpaid balance. In the event any or all of the
account remains unpaid in full ninety (90) days after initial billing, the Client shall be responsible for all costs of collection, including reasonable
attorney's fees.
OWNERSHIP OF DOCUMENTS:
All documents produced by the Architect under this Agreement shall remain the property of the Architect and may not be used by the Client for
any other endeavor without the written consent of the Architect.
MEDIATION:
Prior to arbitration or litigation, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation
Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for mediation shall be
filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for mediation shall be made
within a reasonable time after the claim, dispute or other matter in question has arisen.
In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the applicable statute of limitations.
The terms and conditions and the initials, if required, on the first page of this form are a part of this Agreement.
The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as
architects in Texas.
Texas Board of Architectural Examiners
333 Guadalupe, Suite 2-350
Austin, Texas 78701-3942
(512)305-9000
Archi .Lewis, Architect + Associates, PLLC
By: ~'" ~ O 9
eter .Lewis Date
Principal
Client: Kerr County, Texas
"~
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