OI~C,Ei2 I'lO. c:3'i ~'_; 61i='.='("tOUf=i L. 'I'U flUTHfJRIZEi COUNTY CIriI:L F~"fT(3KPJE'r i'O SEtdD O(J'i td01-If-`LCfal`IOiJ L_LTT[:h!S?. ON LF~W ENF ORCENEh~il' CENTEFd coNC,TF;UC',TION 4J ftF:Rr'iN-iIE_S On ti-~is the c.;r-<~ day of December' 1`3iG, ~_rGon motion made Ly .T~..uJge Slenson, e:eco~,cled :;y Commi~si.oner' rlol.ekan:N, the Co~_trt unanimously approved by a vote of S-~-Qy to ar_r"~=horize Cn~_rrty Civil t-Ittorriey to ~s~~~nt o~_it nut:ific_-~rtion letters compo>?d frr_~m r-o~_7yP'i dr~~~f't on the~~ Law Enforcement Center- Cons'tr~ction W ar'Y dnt iE'_. Order No. 23785 Approval to authorize County Civil Attorney to send out Notification Letters on Law Enforcement Center Construction Warranties December 23, 1996 Vol. U pg 852 s~..Q U e~ ~.-~ ~~~ ~~~ ~e-R t~-"C(~s ~s~~-~d December DI STEFANO/SANTOPETRO ARCHITECTS, INC. 10260 Westheimer, Suite 390 Houston, Texas 77042 ~~ -~ 1996 PROFESSIONAL LINES UNDERWRITING SPECIALISTS, INC. 4201 Bee Caves Road, Suite C-202 Austin, Texas 78746 PACK BROS. CONSTRUCTION CO., INC. 15381 Tradesman Dr. San Antonio, Texas 78249 Re: Kerr County, Texas, Law Enforcement/Detention Facility Project Gentlemen: Please be advised that the undersigned represents the County of Kerr, Texas, and the Commissioners' Court of Kerr County, Texas, in connection with certain claims hereinafter described arising out of the design and/or construction of the above referenced facility and project. Kerr County, Texas, has become aware of or encountered and/or discovered certain defects, deficiencies, omissions, and other problems in connection with the design and/or construction of the above referenced facility and project. The defects, deficiencies, omissions and other problems are set forth, but are not necessarily limited to, those as described on the attachments and/or exhibits attached hereto. While authorized representatives of Kerr County, Texas, have made demand upon the architect and the general contractor for copies or access to certain records, documents, data or other information pertaining to the project, the architect and/or general contractor have, without justification or excuse and in bad faith, refused to surrender such information to authorized representatives of Kerr County, Texas, and have further refused access to such information by authorized representatives of Kerr County, Texas, in order that such information may be inspected and/or copied. As a proximate result of such bad faith, refusal and denial to such information and/or its access by the architect and general contractor, Kerr County, Texas, is unable to specify the basis of its claim for each particular defect, deficiency, omission or other problem with the facility and project as enumerated or indicated herein. In addition, as a direct and proximate result of the bad faith actions of the architects and/or general contractor, representatives of Kerr County, Texas, will be unable to set forth a complete itemization of all of the defects, deficiencies, omissions or other problems in connection with the facility and project, and the claims and demands of Kerr County, Texas, in connection therewith, until appropriate representatives of Kerr County, Texas, receive all relevant documents and records in connection with the project facility or the same are made available for their inspection and copying, demand for which is hereby once again made. Accordingly, Kerr County, Texas, expressly reserves the right to assert other claims and demands for defects, deficiencies, omissions or other problems which may be disclosed as a result of and after proper and competent review of all relevant documents, plans, data and all other applicable information and materials pertaining to the project and facility. This letter shall serve and constitute formal notice and demand by Kerr County, Texas, upon you, and each of you, jointly and severally, of Kerr County, Texas' claims for damages, repair, rehabilitation, reimbursement for prior repairs and all other legal or equitable remedies or rights of action which Kerr County, Texas, may have as a result of the defects, deficiencies, omissions or other problems with respect to the design and/or construction of the above referenced project and facility. ~~iuyc.~2 ova ~ •~,- ~, l~f9l~ i.' y../~ J ~~ieU ~~z ~a c~v ~o c~e~ ~Lrui~¢~~~ ~~ fo ~'t~e ~ cZ y rzzuv . ~-~y ~GLje-sue r .~6~ ~' 6~~vYtc 70 ~s' "MTh-~-~i~~~l~~Prlp~1 ~- l G~ ~ .e~~ ~ ~ ~-4~/Ylali/~LGyl~c ~ a e~~w~_ of .~~c~°~-~.u..~.~ -emu. ~r~- c ~~~~ - .~2~~ cGr-e~l~ c~rtz~~~oc'.~crc~nr~ rc~~" ~,~uur~l2 ~~~~"'~1~ar~Z` rQ~s~c~-~ ati~c~' .L~~.Qe ~Gi ~c~ ~ t~~e / ~J ~ l G(aP~~~ ~ CthPiOc,.crc~~c¢p~' Cy~/[~O G,~i ~~j~ CLtitG~JL tQ%l2~Ci. .,G~ ~~j~~-)E~~~"~UG7l~~ ~~ ~°clZt~~LG"Cf"J~kJC~~C,Uy~X C~~-f;L% CpZ~liCGr. -GG~ //~I><2 Z!ti.~~~yy~~C%f/t`~4- C21eiGvzli[¢~ (~LQi!-li' GL~{'LL/2U L-!/~!J ~11~L --- ~~ ~-~z ~~ ~~ r re~G to a~ ~,e,~c~- .,.R ~,, y ZG fGliS'FUL!-G~Ld~ ° ° ~~"~~b2 rt8ti[.E.°~Q-Lp~~C~YI ~'~2(ItUZC~- 2~ov~ ct-l~i ~ed-~u~l .UU~ /~Gzy ~cz!_'c~.cy ~1~' ~-- arv.~i~ U `f ~r~ '-at~~vt[~~r~vc .lei LGty~ rL~e~l~~e~' ,4 -ems ~ .~~ -a~-Y ~ ~~~~ ~~~ ~ ~n~ ~ ~ u~.~ ~~ ~~~ '~~ 4~r -~,,er_~=kec~~ -s~OZV-~ o'F~~~= U~-~eAc~ c~or"- (r~/?/I ~cci litn~-G~-~ -4.c6~. ~CLr C~9uQtu ~ C~e-r ~.ecc.C .~o b 9 +a ~ rer,~,eQ~d ~-~ re"d - r-aude, u_u~vcchn #~- I ~rocv~~ Gizcc'~-. ,~...c~ 17efo ~G Ca~/ -#5 Y'Sa~'eG1 claor-~rre.rvte~Q`~ ~-fo~c~`izer -Gu2G~6-~1') ~ctrer~ ~~ ~~kfcr(C~,u~ c~czr~- rrt c tro~Crz2ra~~~uor ~~ I' ~ .~ ~ cyo-ravYtP Cnof ah~a-u~d rn ~~ .S~~u,~ly t~tar~Gy,~,na~d.~.yr ~/Z~ h~Pd~ ~ L/C~ ~ ~3 c _~!e_rc~.c..~~ ~ca~wf' - , , ~'~G~ ~a hem ~a~~~~d ~d ~ I,,r~~.~~`~ ,. ATE :.~cedei~a~d~ clime-~e~ .~r~~~~C. ~`o ~ ~ i2~izc.~Zc r~ . CQurti-c~t~~.c ucccd fJ-!'r,~.aynr~ahrr'`r~' ',2~i~L~uGL° Q.c%LVc~~rL Gt~a~-ecl~' ±~ GZ'uor~e~~ .c~r~1~~ . ,~f~.7vi ~G~~~s7~~/,7[~~ld/1~ _ ',~~2~'iGl'L~~O~~~--..~tc/ r?'L11~~~~~~G~~ ~ ~ c~-ece~~:~ c~u~-~. e ~ztic~~ ~~ ~~ ~~~~ ~ z DECEMBER 20, 1996 COMPILATION OF REPAIR WORK AND/OR INITIATED WORK FOR THE FIRST YRAR (1996) OF THE KERR COUNTY LAW ENFORCEMENT FACILITY DATE DESCRIPTION COST QUALIFIED AS ERROR WARRANTY OMISSIONS 1-11-96 DRAINAGE IMPROVEMENT $8,600.00 X 4-11-96 [JAIL] ASSORTED 483.20 X WELDING 4-11-96 [ADM.] D&W ELECTRIC CO. ELECTRICAL WORK ZN BOOKING ROOM. 560.98 X 4-12-96 SECOR FENCE CO. FENCE AROUND ELECTRICAL 3,580.00 X 4-12-96 [ADM.] HUSER CONST. CO INSTALLATION OF CABINET, METAL PANEL AND DOOR IN BOOKING ROOM 7,721.00 X 4-19-96 [JAIL) ASSORTED WELDING 112.50 X 4-23-96 [ADM.] FINGERPRINT LAB PEDESTAL PP INK SLAB AND HANDLING CHARGE 279.50 X 4-30-96 HUSER CONST. CO. INSTALLATION OF COVER FOR ELECTRICAL PANEL IN CONTROL ROOM 478.00 X 5-6-96 [JAIL] REPLACE SNAPS IN SHOWER CURTAINS 245.00 X 5-6-96 [JAIL] GAME RANCHING CO. FENCING WIRE FOR OVER EXERCISE AREAS. 350.00 X 5-9-96 [JAIL] BENNO'S ELECT. INSTALL OUTSIDE LIGHT OVER DOOR 95.50 X 5-14-96 [ADM.] CHANGE 911 RECEPTACLE TO EMERGENCY POWER CIRCUIT 392.00 X DECEMBER 20, 1996 - JAIL AND ADM - WARRANTY AND E&O - PAGE TWO 5-15-96 [JAIL] BENNO'S ELECT. INSTALL OUTSIDE LIGHT 1,034.04 X 5-15-96 OFFICER PANNEL SHOCKED, ELECTRICITY AT CENTRAL CONTROL PANEL FOR MEN'S SEPARATION AREA. [JAIL] X 5-16-96 [JAIL] TAMPER-PROOF ASSEMBLY SCREWS FOR CELL LIGHTS WERE PROVIDED AS SPECIFIED UNDER WARRANTY PROVISIONS -0- X 5-20-96' ELDRIDGE ELECTRIC CO RESPONDED TO COMPLAINT UNDER WARRANTY PROVISIONS. FOUND WRONG KIND OF LIGHTS IN SECONDARY CONTROL STATION -0-~ 5-20-96 DOOR CHECK (2 HRS: ON JOB. 42HRS. TRAVEL TIME - 2100 MILES @ $0.40) (JAIL] 3,040.00 X 5-20-96 [JAIL] SEWER BACKED UP ZN KITCHEN. CUT HOLE IN KITCHEN FLOOR SLAB -0- X 5-20-96 (ADM.] ADD SIX ELECTRICAL RECEPTACALES ZN JP'S OFFICE AND ONE IN WOMEN'S '. RESTROOM 800.00 X 5-20-96 [ADM.] BENNO'S ELECT. TRACK LIGHT IN BOOKING ROOM 118.90 X 5-28-96 [JAIL & ADM.] ROOF LEAKS -0- X 5-29-96 [GENERAL] PRESSURE REDUCING VALVE. ESTIMATED COST IN PLACE - NOT SURE WAS THE ONE USED. [PACK BROS.] 3,556.00 X 5-31-96 MOVED LOBBY CAMERA, CHECKED SHUTTER & LENS ON SURVEILLANCE CAMERA [JAIL] 172.00 X X [ADMINISTRATION] 320.00 DECEMBER 20, 1996 - JAIL AND ADM - WARRANTY AND E & 0 - PAGE THREE 5-31-96 (JAIL] CHECK JAIL DOOR 768.00 X X 5-31-96 [JAIL] SPEAKER ACTIVATOR BUTTON FOR "SALLY-PORT" SPEAKER COULD NOT BE REACHED FROM VEHICLE. SPEAKER HAD TO BE MOVED AND SPECIAL SPEAKER STAND HAD TO BE FABRICATED. 75.00 60.00 35.00 X 6-3-96 [JAIL] REPAIR HOLE ZN WALL (NO PRICE) 6-3-96 (JAIL) THERMOSTAT IN WALK IN FREEZER STUCK DEFROST 50.00 X 6-5-96 [JAIL] INSTALL SOAP DISPENSERS ON EACH OF THREE COMMERCIAL TYPE WASHING MACHINES 223.86 X 6-6-96 [JAIL] HOBART PC DOOR SWITCH AND LABOR 62.20 X 6-19-96 [ADM.] RELOCATE DOOR BUTTONS FOR EXIT DOORS SO SECRETARIES CAN REACH THEM. 297.20 X 6-20-96 [ADM.] INSTALL ELECTRICAL PLUG STRIP ZN DISPATCH ROOM 436.06 X 6-30-96 [ADM.) HOOK UP POWER PROTECTION SYSTEM 4,684.05 X 7-15-96 [JAIL] ATTEMPT BY WHALEN PLUMBING TO UNSTOP SEWER LINE. 127.50 X 7-20-96 [JAIL] PROVIDE & INSTALL COLOR TV EQUIP - LOCK UP AREA CAMERAS. 6,500.28 X DECEMBER 20, 1996 - JAIL AND ADM - WARRANTY AND E & 0 7-31-96 [JAIL] HINGE MOUNTINGS FOR JAIL DOORS STARTED TO CRACK AND HAD TO BE REPLACED 8-6-96 INSTALL TAMPER-PROOF BOLTS AND WASHERS (NO PRICE) 8-9-96 HUSER CONSTR. CO. INSTALL PERMANENT HOLD DOWN CLIPS & WIRE ON CEILING TILE IN VISITATION AND ATTORNEY ROOMS 8-19-96 DOOR FACING REPLACED AND/OR REWELDED FOR TANKS E,F, & G 8-19-96 [ADM.] FURNISH & INSTALL FAILED LIGHT BALLi~ST 8-24-96 [JAIL] ISOLATION CELL FILTRATION SYSTEM 8-25-96 [JAIL] ISOLATION CELL LIGHTS, FILTER ELEMENTS AND SPIRAL DUCT 8-27-96 [JAIL] FABRICATED AND INSTALLED STEEL PLATES FOR COVERING ELECTRICAL OUTLETS. 8-28-96 [JAIL] MISC. REPAIRS TO JAIL THAT SHOULD HAVE BEEN COVERED BY WARRANTY (INVOICE DATE 10-14-96) 8-30-96 [JAIL] SPIRAL DUCT FOR ISOLATION CELL 8-30-96 [JAIL] FABRICATE AND INSTALL VENT AND GRATE IN "TB" ISOLATION ROOM 45.00 X X 616.25 395.00 X 98.50 X 1,664.59 292.15 760.00 2,687.50 35.67 150.00 9-4-96 [JAIL] MISC. REPAIRS 9-5-96 TO JAIL THAT SHOULD HAVE 9-6-96 BEEN COVERED UNDER WARRANTY (10-14-96 BILLING DATE FOR ABOVE) 2,730.00 PAGE FOUR X X X X X X X DECEMBER 20, 1996 - JAIL AND ADM - WARRANTY AID E & O - PAGE FIVE 9-6-96 [JAIL & ADM.] RECORDED 7 ROOF LEAKS. REPAIRED UNDER WARRANTY -0- X 9-6-96 (JAIL] ANCHOR PLATES 360.00 9-6-96 [JAIL] ISOLATION CELL VENT 65.00 9-16-96 [JAIL] FABRICATE OUTSIDE VENT FOR TB ROOM 165.00 9-16-96 [JAIL] INSTALLED 12" STEEL 9-17-96 PLATES TO COVER EXPOSED 9-18-96 EXPANSION JOINTS (PRISONERS 9-19-96. WERE STRIPPNG CAULKING LEAVING GAPS IN WALLS. [10-14-96 BILLING DATE FOR ABOVE] 2,677.00 9-17-96 [JAIL] BENNO'S ELECT. ' INSTALL OUTSIDE LIGHTS 3,150.01 9-20-96 [JAIL] CORRECT IMPROPERLY INSTALLED EXIT LIGHTED SIGNS 204.80 10-10-96 CORRECTIONAL MAINT. INC. INSTALL 1 CRASH GATE VESTIBULE SAFETY 1 3,380.00 10-28-96 ADVANTAGE COMMUNICATION INC. INSTALL CABLE FOR INMATE TV 2,063.00 11-12-96 (JAIL] CORRECTIONAL MAINT. INC., SEP. CELL #15, FEMALE #3, MALE TANKS, MAIN LOBBY (FRONT DOOR] & LABOR 1,950.00 11-20-96 CORRECTIONAL MAINT. INC. REMOVE LOCK & DOOR CLOSURE ON OLD JAIL & INSTALL AT NEW OUTSIDE GATE AT VISITATION AREA. 4,731.00 11-25-96 KERR COUNTY WELDING RAISE SHELVES IN PANTRY IN KITCHEN AS PER HEALTH DEPARTMENT REQUIREMENT 5,421.80 9-11-96 WORLDWIDE SERVICES GROUP EMERGENCY SERVICE PERFORMED ON POWER PROTECTION SYSTEM 2,990.00 TOTAL $91,690.04 X X X X X X X X X X X X DECEMBER 20, 1996 - JAIL AND ADM - WARRANTY & E & O PAGE SIX NOTE: THE FOLLOWING IS LISTING OF WORK ON AIR CONDITIONING DONE BY COMPTON'S OF KERRVILLE. ALL WORK WAS DONE UNDER WARRANTY. THERE HAS BEEN A CONSTANT PROBLEM WITH THE AIR CONDITIONERS. IT IS BELIEVED THAT THESE UNITS WERE NOT PROPERLY WIRED WHEN INSTALLED. THIS CAN ONLY BE VERIFIED BY A PHYSICAL INSPECTION OF EACH UNIT. THIS ACTION IS STRONGLY RECOMMENDED! 5-8-96 INVOICE NUMBER 06762 - 45.00 5-15-96 " " 06811 - 45.00 6-13-96 " 06969 - 376.09 6-26-96 07153 - 303.75 6-27-96 " " 07225 - 45.00 6-28-96 " " 07238 - 90.00 7-15-96 " 07390 - 90.00 " " 07392 - 486.11 7-23-96 " 07453 - NC 8-12-96 07607 - NC " " 07844 - NC " 07938 - NC " " " 0776Q - MAINT 10-14-96 " 07971 - 57.05 10-16-96 07986 - 82.70 THOMAS W. POLLARD ATTORNEY AT LAW STATE BAR NO. 16100000 951 MAIN STREET KERRVILLE, TEXAS 780283598 (21 O) 896-7500 FAX (21 O) 257-7079 FAXED AND MAILED December 24, 1996 Di Stefano/Santopetro Architects, Inc. CERTIFIED MAIL, RETURN RECEIPT Hou`s'~o~""R'`e~`a ~ ~2 REQUESTED NO. P 288 604 715 Professional Lines Underwriting Specialists, Inc. P. O. Box 160190 CERTIFIED MAIL, RETURN RECEIPT Austin, Texas 78746-0190 REQUESTED NO. P 288 604 716 Pack Bros. Construction Co., Inc. 15381 Tradesman Drive CERTIFIED MAIL, RETURN RECEIPT San Antonio, Texas 78249 REQUESTED NO. P 288 604 717 Chubb Group of Insurance Co. P. O. Box 1615 CERTIFIED MAIL, RETURN RECEIPT Warren, New Jersey 07061-1615 REQUESTED NO. P 288 604 718 Re: Bond No. 8140-26-27 Principal: Pack Bros. Construction Co., Inc. Re: Kerr County Law Enforcement Facility Gentlemen: Please be advised that the undersigned represents the County of Kerr, Texas, and the Commissioners' Court of Kerr County, Texas, in connection with certain claims hereinafter described arising out of the design and/or construction of the above referenced facility and project. Kerr County, Texas, has become aware of or encountered and/or discovered certain defects, deficiencies, omissions, and other problems in connection with the design and/or construction of the above referenced facility and project. The defects, deficiencies, omissions and other problems are set forth, but are not necessarily limited to, those as described on the attachments and/or exhibits attached hereto. While authorized representatives of Kerr demand upon the architect and the general access to certain records, documents, pertaining to the project, the architect 1 County, Texas, contractor for data or other and/or general have made copies or information contractor have, without justification or excuse and in bad faith, refused to surrender such information to authorized representatives of Kerr County, Texas, and have further refused access to such information by authorized representatives of Kerr County, Texas, in order that such information may be inspected and/or copied. As a proximate result of such bad faith, refusal and denial to such information and/or its access by the architect and general contractor, Kerr County, Texas, is unable to specify the basis of its claim for each particular defect, deficiency, omission or other problem with the facility and project as enumerated or indicated herein. In addition, as a direct and proximate result of the bad faith actions of the architects and/or general contractor, representatives of Kerr County, Texas, will be unable to set forth a complete itemization of all of the defects, deficiencies, omissions or other problems in connection with the facility and project, and the claims and demands of Kerr County, Texas, in connection therewith, until appropriate representatives of Kerr County, Texas, receive all relevant documents and records in connection with the project facility of the same are made available for their inspection and copying, demand for which is hereby once again made. Accordingly, Kerr County, Texas, expressly reserves the right to assert other claims and demands for defects, deficiencies, omissions or other problems which may be disclosed as a result of and after proper and competent review of all relevant documents, plans, data and all other applicable information and materials pertaining to the project and facility. This letter shall serve and constitute formal notice and demand by Kerr County, Texas, upon you, and each of you, jointly and severally, of Kerr County, Texas' claims for damages, repair, rehabilitation, reimbursement for prior repairs and all other legal or equitable remedies or rights of action which Kerr County, Texas, may have as a result of the defects, deficiencies, omissions or other problems with respect to the design and/or construction of the above referenced project and facility. Some of the invoices for correcting some of the defects, etc., are enclosed. Sincerely, T omas W. Pollar TWP/c Enclosures 2 cc: The Honorable Robert A. Denson Kerr County Judge Kerr County Courthouse Kerrville, Texas 78028 The Honorable David M. Motley Kerr County Attorney Kerr County Courthouse Kerrville, Texas 78028 Mrs. Pat Dye Kerr County Clerk Kerr County Courthouse Kerrville, Texas 78028 3 Blind cc: The Honorable Pat Tinley 611 Sidney Baker Kerrville, Texas 78028