ORDER NO. 31703 DEMOLITION OF OLD OUTDOOR ARENA AND CONSTRUCTION OF NEW OUTDOOR ARENA Came to be heard this the 26th day of April, 2010, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4 -0 -0 to: Approve Proposal from Peter Lewis Architect and Associates to be agent, handle preparation of bid documents, and handle bidding in connection with demolition of old outdoor arena and construction of new outdoor arena at Hill Country Youth Exhibition Center. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Judge Pat Tinley OFFICE: County Judge MEETING DATE: April 26, 2010 TIME PREFERRED: 10:15 AM SUBJECT: Consider, discuss and take appropriate action on proposal from Peter Lewis Architect and Associates for professional services in connection with demolition of old outdoor arena and construction of new outdoor arena at Hill Country Youth Exhibition Center. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley 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. Make sure any and all back up material is attached to this form. PETER LEWIS A RCHITECT + ASSOCIATES March 15, 2010 Commissioner Jonathan Letz Commissioner Bruce Oehler Kerr County • 700 N. Main Street, Suite 103 Kerrville, Texas 78028 RE: Professional Services Proposal Hill Country Exhibition Center Rodeo Arena Gentlemen: . We are pleased to submit the following Professional Services Proposal. Based upon our recent discussions we have prepared the following Schedule of Services and Fees. A. Professional Services ❑ Meet with County Commissioners, as required, to discuss Project Scope and procedure ❑ Prepare Project Manual for "Hill Country Exhibition Center : Rodeo Arena" to include: • Invitation to Bid • Instructions to Bidders • General Requirements • Technical Specifications • Schematic Drawings : Arena, Press Box, Bleachers ❑ Assist Commissioners in soliciting and evaluating Bids ❑ Construction Administration Services ❑ Other Services as requested and authorized by Client B. Professional Fees We propose to provide our Services on an Hourly Basis according to the following Schedule: Principal $ 135/Hr. Project Architect/Manager $ 110 /Hr. Professional Intern : Level I $ 75 /Hr. Professional Intern : Level 11 $ 60 /Hr. Admin. /Clerical $ 35 /Hr. • Peter W. Lewis, Architect + Associates, PLLC + 334 West Water Street, Kerrville, Texas 78028 + 830.896.4220 + fax 830.896.4226 + www.pwlarchitect.com C. 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! Very truly yours, 416, Peter W. Lewis, Architect Principal Accepted for Kerr County Commissioners Date Attachments PROFESSIONAL SERVICES AGREEMENT DATE: March 15, 2010 PROJECT NO: 201009 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: Hill Country Exhibition Center Rodeo Arena STREET: Highway 27 East CITY & STATE: Kerr County, Texas 78028 SCOPE OF SERVICES & PROJECT DESCRIPTION: Refer to "Professional Design Services Proposal" dated March 15, 2010, 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 contract or breach of warranty. Page 1 of 2 TERMINATION: 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 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 1 Arc - tect:` eter.N. Lewis, Architect + Associates, PLLC — ' e er ' . Lewis Date Principal Texas Architect License # 08295 Client: Kerr County, Texas By: Date Page 2 of 2 • P LEWI • A + ASSOCI March 15, 2010 Commissioner Jonathan Letz Commissioner Bruce Oehler Kerr County 700 N. Main Street, Suite 103 Kerrville, Texas 78028 RE: Professional Services Proposal Hill Country Exhibition Center Rodeo Arena Gentlemen: We are pleased to submit the following Professional Services Proposal. Based upon our recent discussions we have prepared the following Schedule of Services and Fees. A. Professional Services ❑ Meet with County Commissioners, as required, to discuss Project Scope and procedure ❑ Prepare Project Manual for "Hill Country Exhibition Center : Rodeo Arena" to include: • Invitation to Bid • Instructions to Bidders • General Requirements • Technical Specifications • Schematic Drawings : Arena, Press Box, Bleachers ❑ Assist Commissioners in soliciting and evaluating Bids ❑ Construction Administration Services ❑ Other Services as requested and authorized by Client B. Professional Fees We propose to provide our Services on an Hourly Basis according to the following Schedule: Principal $ 135/Hr. Project Architect/Manager $ 110 /Hr. Professional Intern : Level I $ 75 /Hr. Professional Intern : Level II $ 60 /Hr. Admin. /Clerical $ 35 /Hr. Peter W. Lewis, Architect + Associates, PLLC • 334 West Water Street, Kerrville, Texas 78028 • 830.896.4220 • fax 830.896.4226 • www.pwlarchitect.com C. 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! Very truly yours, I � +i I Peter W. Lewis, Architect Principal 2+ 20/ AeeepYed Kerr County Commissioners Date Attachments PROFESSIONAL SERVICES AGREEMENT DATE: March 15, 2010 PROJECT NO: 201009 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: Hill Country Exhibition Center Rodeo Arena STREET: Highway 27 East CITY & STATE: Kerr County, Texas 78028 SCOPE OF SERVICES & PROJECT DESCRIPTION: Refer to "Professional Design Services Proposal" dated March 15, 2010, 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 contract or breach of warranty. Page 1 of 2 TERMINATION: 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 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 • Arc Fli Lewis, Architect + Associates, PLLC I \/ \ r B y, l����_ ��1 S(o e er . Lewis ate Principal Texas Architect License # 08295 Client: Kerr County, Texas D Page 2 of 2 PETER LEWIS ARCHITECT + ASSOCIATES March 15, 2010 Commissioner Jonathan Letz Commissioner Bruce Oehler Kerr County • 700 N. Main Street, Suite 103 Kerrville, Texas 78028 RE: Professional Services Proposal Hill Country Exhibition Center Rodeo Arena Gentlemen: . We are pleased to submit the following Professional Services Proposal. Based upon our recent discussions we have prepared the following Schedule of Services and Fees. A. Professional Services ❑ Meet with County Commissioners, as required, to discuss Project Scope and procedure ❑ Prepare Project Manual for "Hill Country Exhibition Center : Rodeo Arena" to include: • Invitation to Bid • Instructions to Bidders • General Requirements • Technical Specifications • Schematic Drawings : Arena, Press Box, Bleachers ❑ Assist Commissioners in soliciting and evaluating Bids ❑ Construction Administration Services ❑ Other Services as requested and authorized by Client B. Professional Fees We propose to provide our Services on an Hourly Basis according to the following Schedule: Principal $ 135/Hr. Project Architect/Manager $ 110 /Hr. Professional Intern : Level I $ 75 /Hr. Professional Intern : Level II $ 60 /Hr. Admin. /Clerical $ 35 /Hr. Peter W. Lewis, Architect + Associates, PLLC • 334 West Water Street, Kerrville, Texas 78028 • 830.896.4220 + fax 830.896.4226 • www.pwlarchitect.com C. 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! Very truly yours, � �i, �I Peter W. Lewis, Architect Principal 16 4 20/ b A or Kerr County Commissioners Date Attachments PROFESSIONAL SERVICES AGREEMENT DATE: March 15, 2010 PROJECT NO: 201009 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: Hill Country Exhibition Center Rodeo Arena STREET: Highway 27 East CITY & STATE: Kerr County, Texas 78028 SCOPE OF SERVICES & PROJECT DESCRIPTION: Refer to "Professional Design Services Proposal" dated March 15, 2010, 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 contract or breach of warranty. Page 1 of 2 TERMINATION: 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 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 1 Arc lect:`Teterz . Lewis, Architect + Associates, PLLC By a. _ ��j�� Vt C(1(7 e er v. Lewis Date Principal Texas Architect License # 08295 Client: Kerr County, Texas , By 4i Page 2 of 2 • PETER LEWIS ARCHITECT + ASSOCIATES March 15, 2010 Commissioner Jonathan Letz Commissioner Bruce Oehler Kerr County 700 N. Main Street, Suite 103 Kerrville, Texas 78028 RE: Professional Services Proposal Hill Country Exhibition Center Rodeo Arena Gentlemen: . We are pleased to submit the following Professional Services Proposal. Based upon our recent discussions we have prepared the following Schedule of Services and Fees. A. Professional Services ❑ Meet with County Commissioners, as required, to discuss Project Scope and procedure ❑ Prepare Project Manual for "Hill Country Exhibition Center : Rodeo Arena" to include: • Invitation to Bid • Instructions to Bidders • General Requirements • Technical Specifications • Schematic Drawings : Arena, Press Box, Bleachers ❑ Assist Commissioners in soliciting and evaluating Bids ❑ Construction Administration Services ❑ Other Services as requested and authorized by Client B. Professional Fees We propose to provide our Services on an Hourly Basis according to the following Schedule: Principal $ 135/Hr. Project Architect/Manager $ 110 /Hr. Professional Intern : Level I $ 75 /Hr. Professional Intern : Level II $ 60 /Hr. Admin. /Clerical $ 35 /Hr. Peter W. Lewis, Architect + Associates, PLLC • 334 West Water Street, Kerrville, Texas 78028 • 830.896.4220 • fax 830.896.4226 • www.pwlarchitect.com C. 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! - • ruly yours, Peter W. Lewis, Architect Principal �� •"� or err County Commissione ' Date Attachments PROFESSIONAL SERVICES AGREEMENT DATE: March 15, 2010 PROJECT NO: 201009 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 (5): PROJECT NAME: Hill Country Exhibition Center Rodeo Arena STREET: Highway 27 East CITY & STATE: Kerr County, Texas 78028 SCOPE OF SERVICES & PROJECT DESCRIPTION: Refer to "Professional Design Services Proposal" dated March 15, 2010, 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 contract or breach of warranty. Page 1 of 2 TERMINATION: 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 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 Archit . Lewis a chitect + Associates, PLLC B 41111 Peter W. Lewis Date Principal Texas Architect License # 08295 Client: Kerr County, Texas alai - 1 ._ • Zv/ o D_J. Page 2 of 2