ORDER NO. 31470
PROFESSIONAL SERVICES CONTRACFT WITH PETER LEWIS FOR
ARCHITECTURAL SERVICES
Came to be heard this the 28th day of September, 2009, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously
approved by a vote of 4-0-0 to:
Approve Professional Services Contract, in the amount of $78,488.00, subject to the
amendments to be made by the County Attorney, with Peter Lewis for architectural
services on new Law Enforcement Annex/Adult Probation Building and related
improvements, and authorize the County Judge to sign same.
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3 I ~/ ~ ~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Pat Tinley
MEETING DATE: September 28, 2009
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve professional
services contract with Peter Lewis for architectural services on new Law Enforcement
Annex/Adult Probation Building and related improvements.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley and Peter Lewis
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.
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September 30, 2009
The Honorable Pat Tinley, County Judge
Kerr County
700 N. Main Street, Suite 103
Kerrville, Texas 78028
RE: Professional Services Proposal
Kerr County Sheriff's Office/Adult Probation Annex
Clearwater Paseo, Kerrville, Texas
Dear Judge Tinley:
We are pleased to submit the following Professional Services Proposal for this new 13,600 building.
Based upon the attached Conceptual Floor Plan and Site Plan, dated 8/26/09, we have prepared the
following Schedule of Services and Fees for Construction Document, Bid phase and Construction
Contract Administration Services.
Scope of Work
^ 80'x170' pre-engineered metal building on slab-on-grade; 10' eave height
• Anodized aluminum storefront at Lobbies; insulated, low-E glass
^ Anodized aluminum window frames; insulated, low-E glass
^ Fully sprinklered building
^ Interior office finish out: painted gyp. board on light gauge or wood framing; sound
insulation in all walls; 9' lay-in ceilings/gyp. board ceilings @ Restrooms and secured
Storage; VCT or concrete floors and resilient base; wood doors and metal frames; safety
glazing/bullet resistant glazing and construction as required.
^ Fluorescent lighting
^ Zoned, high efficiency HVAC systems
^ All security, communication and telephone systems by County
^ Site paving: parking, concrete walks
^ Site lighting
^ Stormwater detention
^ All work designed to comply with 2006 International Code series, ADA/TAS and City of
Kerrville Development Code
11. Schedule of Professional Services
A. Development Site Plan
^ Meet with City of Kerrville Development Review Committee
^ Prepare consolidated City of Kerrville Development Site Plan
o Site Utilities
a Site Drainage
Site Paving
o Site Access and Circulation
Fire Protection: Fire Marshal Review
B. Stormwater Detention
^ Determine Stormwater Detention Requirements and Outfall Design
^ Drainage Area Map
^ Prepare On-Site Detention Basin Plan/Details
Peter W. Lewis, Architect + Associates, PLLC • 334 West Water Street, Kerrville, Texas 78028 • 830.89fi.4220 • fax 530.896.4226 • www.pwlarchitect.com
B. Construction Document Services
^ Building Construction Documents
^ Architectural Systems
^ Structural Systems: Foundation Design/Coordinate with Metal Building Mfr.
^ Mechanical/Electrical/Plumbing Systems
^ Project Specifications
^ Energy Code Compliance Certification
^ Lighting Code Compliance Certification
^ Civil Engineering
o Paving, Grading and Drainage Plans
^ Water, Fire Protection Line and Sewer Utility connection
^ Stormwater Detention Requirements and Design: Item (B) above
• Drainage Area Map
^ Erosion Control Plans and Details
^ Project Specifications
^ Landscape design by others
C. Bid Phase Services
^ Prepare Bid Packages
^ Pre-Bid Conference
^ Assist Owner in soliciting Bids
^ Issue Addenda and clarifications
^ Evaluate Bids
C. Construction Contract Administration Services
^ Pre-Construction Conference
^ Periodic Site Visits
^ Office Construction Administration
^ Shop Drawing and Submittal Review
^ Monthly Project Meeting with Owner and Contractor
^ Issue Certificate of Substantial Completion
^ One year Warranty walk-thru
III. Professional Services Fee Schedule
Our Fixed Fee for Architectural, Civil, Structural and MEP Engineering will be:
^ Construction Document Services/Bid Phase:
^ Architectural/Structural/MEP $ 52,060.00
^ Civil $ 15,246.00
Subtotal $ 67,306.00
^ Construction Contract Administration
^ Architectural/Structural/MEP $ 9,730.00
^ Civil $ 1,452.00
Subtotal $ 11,182.00
Total $ 78,488.00
Credit for Preliminary Design ($ 5,000.00)
Fixed Fee $ 73,488.00
IV. Reimbursable Expenses
Reimbursable expenses are not included in the Fees quoted above. They are defined as follows
and shall be invoiced at direct cost (invoice) plus fifteen percent (15%) for overhead:
reproduction and/or printing of documents (other than for in-house review sets), shipping and
mailing expenses, long distance telephone and fax, and project related mileage to be billed at
current standard mileage rate. Estimated Reimbursable Expenses $ 7,500.00
This Professional Design Services Proposal generally describes the Services to be provided and their
associated Fees. If we are in agreement on both of these items, please indicate so by signing and
returning one original of this letter and one copy of the attached Professional Services Agreement. In the
meantime, if you have any questions or need additional information, please do not hesitate to call me.
t
~Yery-truly ours,
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--
Peter W. Lewis, Architect
Principal
PROFESSIONAL SERVICES AGREEMENT
DATE: September 30, 2009 PROJECT NO: 200935
CLIENT:	Kerr County, Texas
CONTACT NAME:	Pat Tinley, County Judge
ADDRESS:	700 N. Main Street
	Kerrville, Texas 78028
TELEPHONE #:	(830) 792-2212 CELL #: (830) 377-3557
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 Sheriffs Office/Adult Probation Annex
STREET: Clearwater Paseo CITY l~ STATE: Kerr County, Texas 78028
SCOPE OF SERVICES 8~ PROJECT DESCRIPTION:
Refer to "Professional Design Services Proposal" dated September 30, 2009, 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 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.
2. 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 contractor breach of warranty.
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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 fault 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 termination 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 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 listed in Proposal referenced 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 become the property of the Client and may not be used by the Client for
any other endeavor; with the exception of maintenance, facility management, alterations and additions; 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
Archite t: r W. Lewis, Architect + Associates, PLLC
By: 3a O
Peter W. Lewis Date
Principal
Texas Architect License # 08295
Client: Kerr County, Texas
sy: Z D
ate
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