1 2 3 4 5 6 7 KERR COUNTY COMMISSIONERS COURT 8 Regular Session 9 (Continued from Nov. 13) 10 Tuesday, November 14, 2000 11 1:50 p.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 CHANGE ORDER NUMBER 6 18 19 20 21 22 23 PRESENT: FREDERICK L. HENNEKE, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 LARRY GRIFFIN, Commissioner Pct. 4 2 1 On Tuesday, November 14, 2000, at approximately 1:50 p.m., 2 the recessed regular session of Kerr County Commissioners 3 Court was reopened, and the following proceedings were had 4 in the Commissioners' Courtroom, Kerr County Courthouse, 5 Kerrville, Texas, in open court: 6 P R O C E E D I N G S 7 JUDGE HENNEKE: We will now reopen the 8 recessed regular session of Commissioners Court which was 9 recessed yesterday on November 13th. The item for 10 consideration today is Change Order Number 6. Mr. 11 Longnecker and Mr. Walker, do you have a revised change 12 order available for us? 13 MR. LONGNECKER: We have the revised prices 14 here for the change order. We have been in contact with the 15 contractor, and he pretty well has insisted on the prices 16 that are shown here. However, we did delete Item 3 and Item 17 9 from the price list because of the insufficient pricing 18 that is just simply not available to make it an accurate 19 price. I have looked it over myself, and I would have to 20 recommend everything, but I still think the -- the temporary 21 facilities on the -- under the last part on the second page, 22 temporary $2,400 is the price I still don't agree with as 23 far as the contractor's concerned. These items are all of 24 the supervision; everything is a percentage of the cost of 25 the overall prices for each of the above items. The $16,326 3 1 for the ceiling is 40 to 45 percent of the overall cost, and 2 that -- if that was deleted, your price would be reduced 3 considerably under supervision, labor burden, bonds and 4 insurance, and overhead profit. So, it's up to the Court, I 5 think, to decide whether or not we need to go ahead and 6 refurbish that ceiling and change the drawings from what 7 they were, which was a lay-in ceiling, which was what was 8 done back in 1979. That Item Number 1 could be completely 9 deleted if the Court so sees fit to delete it. Without any 10 more questions, I'm going to turn it over to Mike Walker and 11 let him answer questions on each of these -- these items. 12 Mike? 13 COMMISSIONER GRIFFIN: Before you do that, 14 Keith, what's your recommendation on the $2,400? Should we 15 just exclude it from the amount and pay them the balance and 16 say that's it? Or what do we do to play hardball? 17 MR. LONGNECKER: Well, I don't believe that 18 he has come up to me with a sufficient justification for 19 that, since we furnish nearly all the temporary facilities. 20 He says he's been delayed one month. I don't believe the 21 cost of the temporary toilet facility down there costs 22 $2,400 a month. 23 COMMISSIONER GRIFFIN: So, your 24 recommendation would be that we not approve that portion of 25 it? 4 1 MR. LONGNECKER: That's right. 2 JUDGE HENNEKE: If you're recommending 3 $16,830 as the total cost increase for Directives 21 and 22, 4 then how can we pay overhead and profit on $2,416? 5 MR. LONGNECKER: Mike? 6 MR. WALKER: Okay, let me try to explain. 7 This is -- after several hours on the phone with him between 8 yesterday and today, he being Stoddard Construction, these 9 were the -- the ones that I was able to resolve with him. 10 And, basically, we just -- if you look at yesterday's sheet, 11 we just essentially took most of his prices. The -- 12 granted, the 3,720 and the $2,400, Judge, I do not have 13 anything -- I mean, that was for all the work that was being 14 extended. Now, the lion's share of that cause for that 15 extension, the additional supervision, and therefore the 16 additional -- what he calls "temporary facilities" there, 17 that would be mostly attributable to Item Number 1, which is 18 the ceiling. In other words, if we backed the ceiling 19 proposition out of here, there's very little more needed in 20 terms of time of extension. So, I do not have a figure, for 21 example, if you -- if you back the $16,326 out, number one, 22 I don't know what the supervision and temporary facilities 23 are, but it is most attendant to Item Number 1. 24 JUDGE HENNEKE: Which they have delayed on 25 for about 8 weeks in getting us the prices we needed in 5 1 order to take this action we've attempted to take yesterday 2 and today. 3 MR. WALKER: I would say something in the 4 neighborhood of a month, yes, sir. By the time you give 5 them time to bid it, get it back, and we thrash it and you 6 go back, it's a month. He's saying that he's delayed over a 7 month in getting a decision, so it's one of these 8 finger-pointing things about, okay, who's really causing the 9 delay? 10 COMMISSIONER GRIFFIN: Judge -- 11 MR. WALKER: It's always uncomfortable to try 12 to change things midstream like this. 13 COMMISSIONER GRIFFIN: How about -- is there 14 a way we might authorize a change order amount of $16,830, 15 and tell him -- tell Stoddard we're not going to pay any of 16 the percentages of any change until this list is complete 17 and priced? Then we will consider all of those things at 18 the bottom. We don't have any argument with the 19 recommendation for the $16,830, would be the point. We 20 concede that one being -- see, that one we understand the 21 requirements and their costing, but we're not going to pay 22 these bottom items until the entire list is properly priced, 23 and then we'll consider those bottom figures and negotiate. 24 Is that a possibility? 25 JUDGE HENNEKE: Anything's a possibility. 6 1 What was Number 9? Why did we take Number 9 off? 2 MR. LONGNECKER: Number 9 was the discovered 3 condition to revise the vault, second floor for CMU walls, 4 extend to 9 feet 4 inches instead of into the structure 5 above. 6 MR. WALKER: The main reason I took it off is 7 because he had $735 or something there for -- $738 for the 8 masonry, and I told you yesterday that I thought it was more 9 like $1,500. We're $700, $800 apart. He called me back 10 today and said, I'll make it a thousand. I said, well, I 11 still don't think you're right. And there were -- and there 12 were a couple of other items in there, and I just -- small 13 things, and I just said you weren't ready for that one, 14 unless y'all want to take that -- 15 COMMISSIONER GRIFFIN: So, my point is that 16 there's two items that are on the change order list that 17 have not been priced and negotiated as yet. 18 MR. WALKER: There's really three. There's 19 one off of 22, which is at the bottom of the page there. 20 Remember, there was a 366 that was on there yesterday. 21 COMMISSIONER GRIFFIN: Right. 22 MR. WALKER: That we thought was a repeat 23 item. As it turns out, that was not a repeat item; it's for 24 some additional sheetrock he put up, which he had no 25 authorization to put up, and he's got to justify to me what 7 1 that is. So, there's really three items out of all the 2 things we talked about yesterday. 3 COMMISSIONER GRIFFIN: And, so, my point is 4 that I think we -- our comeback to him could be that those 5 things that you have -- feel are justified, have recommended 6 to us, we can approve those amounts, but we cannot approve 7 these bottom numbers because we don't know what the final 8 costed number is going to be. And you can't -- so there's 9 no way we can approve that. Those bottom numbers that are 10 based on percentages of the total cost, though, we just 11 can't do it, because we don't know what the total costs are. 12 If we paid him that now and find out that there are costs 13 that we're not going to pay or costs that we decide to do 14 away with, there's no way we could go back and recoup that. 15 So, we can't pay him that amount now, I wouldn't think. 16 MR. LONGNECKER: The -- I don't know the 17 percentages of those items that were deleted are not 18 included in this list that we're giving you today. 19 COMMISSIONER GRIFFIN: The 3,720 and the 20 2,400 were on the list yesterday. 21 MR. LONGNECKER: Yes, and that's the only 22 one -- the 2,400 is the only one that we -- 23 COMMISSIONER GRIFFIN: The 3,720 was too, 24 wasn't it? 25 MR. WALKER: Yes. 8 1 COMMISSIONER GRIFFIN: So, those two numbers 2 are based on those cost numbers that we had for everything, 3 including the three we no longer have included? 4 MR. WALKER: Well, again, I don't know what 5 he will sign off on and won't sign off on. That's strictly 6 up to him. Our normal procedure is we get this worked out 7 and we give it to you guys, so you decide whether you want 8 to vote for it or not. And, as you can see, we're having 9 difficulty extracting numbers out of him. But another 10 possibility, to follow up on what you said, Commissioner, is 11 that you could take it on the basis -- chances are there's 12 going to be some additional added to this by the time we 13 thrash the rest of this out. Not a lot, but, you know, 14 there could be maybe $2,000 or $3,000. And that he gets -- 15 if he agrees to maybe not take any more additional overhead 16 profit numbers, any of these supervision and temporary 17 facility numbers -- one of the things he did ask me to 18 explain to you is that part of what goes into that temporary 19 facilities is things like his other overhead, his insurance 20 and things like that, which are costs to -- to the job, and 21 are legitimate costs to the job, and those are having to be 22 extended out because the job is going longer. Now, we could 23 get into whose fault that is, but, I mean, that's the 24 general explanation for it. 25 JUDGE HENNEKE: That's not temporary 9 1 facilities. We have a line item for bonds and insurance. 2 MR. WALKER: Not this -- not this insurance. 3 That -- 4 JUDGE HENNEKE: I'm sorry, I'm not going to 5 accept that. He cannot hide insurance in temporary 6 facilities. 7 MR. WALKER: I have to look at the breakdown. 8 I don't want to tell you something wrong, but there is an 9 item -- a line item on the breakdown that is for insurance. 10 COMMISSIONER LETZ: Mike, I think you tried 11 to explain it, but I just didn't get it. Total amount that 12 you're recommending is $16,830. Then why isn't the bonds 13 and insurance and the overhead and profit percentage based 14 on $16,830? I can see temporary facilities. I can see 15 labor burden and supervision, because it's time-related, but 16 those final two are based on the amounts, so why doesn't it 17 say the amount that the difference is? 18 MR. LONGNECKER: The overhead and profit in 19 these line items here at the bottom are based on all of the 20 figures that are showing the price that we have here, from 21 the 16, the 150 to the 48 and -- not the 48, but the items 22 that we are listing here, the 600, the 361, the deletion of 23 Item 6 for minus 2,300, and then 1,268 and the 1,491. Those 24 are the -- those are what bonds and insurance and overhead 25 and profit are based on. 10 1 JUDGE HENNEKE: How could profit be based on 2 a number that -- that's a credit for us? 3 MR. LONGNECKER: It's not. You just add up 4 the total figures and -- and that actually comes off. The 5 2,300 would be taken from all over the -- the place. That's 6 the way you did it, isn't it? 7 MR. WALKER: There's kind of a maneuvering 8 that goes on where they try to take things that are credits 9 to you, and they don't have to -- they don't have to give 10 back overhead and profit on those numbers. So, what we do 11 is we try to lump all this together so we take the net 12 amount and then add overhead and profit to it. That way you 13 get -- you get the benefit of the credits. 14 COMMISSIONER LETZ: If I add up Items 1 15 through 9 -- 16 MR. WALKER: Uh-huh. 17 COMMISSIONER LETZ: -- what number do I get 18 if I add all those up? 19 MR. WALKER: $17,111. 20 COMMISSIONER LETZ: Then why isn't that the 21 number for overhead and profit? 22 MR. WALKER: Well, I come down here, I've got 23 to pick up Order -- Item 2 -- Change Directive 22, which is 24 a minus 291. 25 COMMISSIONER LETZ: Right. 11 1 MR. WALKER: That gives me 16,830. Then I 2 apply to that -- and then they get to add, if you accept it, 3 supervision, temporary facilities, and then that total is -- 4 is what I applied the 6 percent to -- no, wait a minute. I 5 had to add the labor burden to that. The labor burden -- if 6 you'll recall yesterday, it was the second column. That's 7 just strictly his labor. He gets to put a labor burden 8 number on that, and then we add all that up together, and 9 that gets to be 24,921, and then you add 6 percent of that, 10 and then he adds 10 percent on top of that. 11 COMMISSIONER LETZ: Okay. 12 MR. WALKER: I'm sorry, I didn't understand 13 your question at first. 14 JUDGE HENNEKE: That still doesn't make 15 sense. If you get the 24,921 by adding those all up, where 16 is the 10 percent of 24,416? 17 COMMISSIONER LETZ: That 1,495. 18 COMMISSIONER GRIFFIN: He has profit on the 19 bonds and insurance. Is that what -- he gets a profit on 20 the labor burden. He burdens it again, then he gets a 21 profit on it. He gets an overhead and a profit on it. Then 22 he adds bonds and insurance, he gets an overhead and profit 23 on that. 24 COMMISSIONER LETZ: So, you get the bonds and 25 insurance on labor burden, temporary facilities, and you get 12 1 overhead and profit on supervision, temporary facilities, 2 labor burden, and bonds and insurance. 3 MR. WALKER: These things are kind of 4 misnomers, because part of overhead is things like temporary 5 facilities and supervision, okay? And it's really more 6 profit than it is overhead, because the only overhead it 7 applies to is the folks that are working back in his office 8 in San Antonio. So, there's a little bit of a -- of a 9 confusion about that, but everybody just calls it overhead 10 and profit because it -- 11 COMMISSIONER GRIFFIN: G and A, general and 12 administrative. 13 MR. WALKER: Right. 14 COMMISSIONER LETZ: To me, what makes sense 15 is to, under temporary facilities, knock off $2,000. I 16 mean, if they do have restrooms, there is some cost for 17 that. Or, you know -- I mean, it's $2,200. Give them $200 18 there and refigure those bottom numbers, and that should be 19 the amount. I mean, I just don't understand the temporary 20 facilities. 21 JUDGE HENNEKE: I'd give him half the 22 supervision. 23 MR. LONGNECKER: Well, if you -- we would 24 certainly like to get something, because the work is at a 25 virtual standstill right now, and -- until we can get 13 1 something resolved with decisions on -- on this particular 2 group of items per Change Order 6. We don't need to include 3 3 and 9 in the change order, itself. We will have another 4 change order after this one, because there's still going to 5 be outstanding items to -- to take care of which we haven't 6 come to yet, which pricing has not been resolved. 7 COMMISSIONER LETZ: Supervision is based on 8 time? 9 MR. WALKER: Yes. Let me just follow up on 10 what he just said. The -- one of the things that the 11 contractor and I did agree on this morning was that he would 12 come in Thursday with the rest of these costs, because there 13 were some things in that Item 3 that we talked about 14 deleting yesterday that are important to the District 15 Clerk's operation, and -- and then there's some things that 16 the contractor and we are still arguing about. So, he's 17 going to come Thursday with his people; they can explain 18 what they have to explain, and we can bring those issues 19 back to you later. They are not -- 20 JUDGE HENNEKE: That's the 27th, which means 21 the job sits for another two weeks. 22 MR. WALKER: No. No. If -- if you can agree 23 -- the main thing that's holding the job up right now is the 24 decision about the plaster ceiling. If that can move 25 forward with a number for overhead profit and temporary 14 1 facility and so forth that he can agree to, then that 2 portion of it could go forward. Now, I hate -- I hesitate 3 to speak too much for him, but I just don't know what the 4 traffic will bear on the supervision and temporary 5 facilities. I don't know what -- if -- 6 COMMISSIONER LETZ: How can there be 7 supervision if they haven't been working? 8 MR. WALKER: Well, I mean, this will -- this 9 is what you're paying for in the future. 10 COMMISSIONER LETZ: Oh. 11 MR. WALKER: There were -- I told you 12 yesterday, there were some things that they did go ahead and 13 do, like channeling the floor, the sheetrock I just 14 mentioned, but that was -- you know, those are a lesser 15 portion of what they've done. Everything else they've 16 stopped doing, and they've attempted to try to work -- as 17 you can tell, they're trying to work around it, but they're 18 -- obviously, at some point they're going to start saying, 19 "You're delaying us." 20 COMMISSIONER LETZ: I thought they already 21 were saying that. 22 MR. LONGNECKER: Yes. 23 COMMISSIONER LETZ: And you have a good, I 24 guess, paper trail of when you've sent requests for numbers 25 down and -- 15 1 MR. WALKER: Mm-hmm. 2 COMMISSIONER LETZ: And you think he's 3 delayed about a month? 4 MR. WALKER: For whatever reasons, the 5 project, I think, is going to get delayed over a month in 6 the process of doing this. I think a month would be 7 optimistic, because there are things that we've been waiting 8 on for three weeks to get the answer on. And we're here now 9 discussing it, and even if I give this back to him, it 10 doesn't mean he'll sign it. 11 COMMISSIONER LETZ: The supervision figure is 12 based on how long a period? 13 MR. WALKER: He said a month. He said both 14 of those numbers were based on an additional month. And he 15 wanted me to be sure and tell you that he -- that was a 16 whole lot less than what he thought it was worth. But, as 17 you recall, his -- his price before was $505 a day, so -- 18 COMMISSIONER LETZ: I don't have as much of a 19 problem with the supervision figure -- 20 COMMISSIONER GRIFFIN: I do with temporary 21 facilities. 22 COMMISSIONER LETZ: -- as temporary 23 facilities. And I think if he has a restroom there, we 24 ought to give him something for temporary facilities. 25 Just -- he has something there, but it should be nowhere 16 1 near $2,400. Maybe $200. 2 MR. WALKER: After our discussion yesterday, 3 I went through and I had marked it down to $1,000, and he 4 just -- he wouldn't do it. I don't know what he will do. 5 COMMISSIONER BALDWIN: Actually, I don't see 6 it quite like that, but -- as what he will do, but what we 7 will do, is the way I see it. And you can mark it down to 8 500 if you want to. 9 JUDGE HENNEKE: My feeling is that they are 10 responsible for at least half of the delay in this project, 11 simply by virtue of the fact they don't care whether it gets 12 done or not. They're dragging their feet every chance they 13 get. They have never paid the proper attention to this 14 project, as far as I'm concerned, in the whole thing. 15 MR. LONGNECKER: Believe me -- 16 JUDGE HENNEKE: To try to get the deal done, 17 I would suggest that we give him half the supervision, $400 18 for temporary facilities, the full labor burden. That 19 brings the total to $21,061. Six percent of $21,061 is 20 $1,264, which will be the bonds and insurance, which would 21 give them -- well, anyway, the profit on whatever that is, 22 and comes up to a total of $24,557, which I think is more 23 than fair. 24 COMMISSIONER GRIFFIN: How about that? With 25 the proviso that if they can show things like a breakdown of 17 1 facilities costs, they can bring that in when they recost 2 these other three things, those three things that are still 3 outstanding. If they can give us -- if I can see a 4 breakdown of those facilities costs that they're talking 5 about, I would be inclined to at least consider maybe some 6 more. But not on the basis of what we've seen so far, which 7 is just an assertion that $2,400 is for temporary 8 facilities, quote, unquote. 9 COMMISSIONER LETZ: I think in that same 10 line, with the proviso that if he can prove that the delay 11 is 100 percent our fault. 12 COMMISSIONER GRIFFIN: Yeah. 13 COMMISSIONER LETZ: I mean, if he can prove 14 the delay is 100 percent our fault and if he can prove that 15 he has more temporary facilities, we'll consider those under 16 the next change order. 17 COMMISSIONER GRIFFIN: Under these other 18 three items, which really are part of his change order. 19 MR. WALKER: It's kind of hard for me to put 20 that in a change order. I guess I can get -- 21 MR. LONGNECKER: Well, just write the change 22 order based on what we're showing here. 23 COMMISSIONER GRIFFIN: Right. 24 MR. LONGNECKER: And bring it back for 25 signature, and that's it. That gives him the opportunity to 18 1 go ahead with these other items, beginning with the ceiling, 2 and all -- two, four, five, six, seven, and eight. 3 JUDGE HENNEKE: The only dispute we have is 4 with their -- their numbers, their supervision and profit. 5 MR. LONGNECKER: Yes. 6 COMMISSIONER GRIFFIN: We don't have any 7 visibility. 8 JUDGE HENNEKE: We don't have any dispute 9 over the actual work numbers, so there's no reason for them 10 not to go ahead and start working. 11 MR. LONGNECKER: Well, we can recalculate the 12 percentages here and include what we were just given, the 13 $400 for temporary facilities and half of the super -- 14 supervision, is it? 15 COMMISSIONER LETZ: 1,860. 16 MR. LONGNECKER: And write the change order 17 in that manner and that format, and do what you're saying. 18 Once the other items are priced, they will be included with 19 the next change order. 20 COMMISSIONER LETZ: I mean, I don't know why 21 you couldn't put it on the change order, put an asterisk 22 after those two numbers and say, if you can prove that more 23 than half of the delay was, you know, our fault, and justify 24 the temporary facilities with an itemized breakdown, we'll 25 reconsider those. 19 1 MR. WALKER: Let me -- I haven't really 2 brought this up, but let me tell you his position on that, 3 as stated to me. Had we not stopped on October the 18th and 4 said, well, wait a minute, we want to do something about 5 this plaster ceiling -- now, he had warning ahead of time, 6 but he didn't actually have the physical piece of paper in 7 front of him until that time. He's going to -- his position 8 is, look, I could have already had that ceiling finished in 9 that room, out of here. And he's -- and he's not that far 10 wrong. I mean, he's -- 11 JUDGE HENNEKE: If he had made the effort to 12 get us the numbers in time -- we had a meeting on the 25th 13 of October, I believe it was, in which case we could have 14 easily addressed the issue. This is -- he's not motivated 15 to finish this job that I can see. 16 MR. WALKER: Well, again, his position -- and 17 just speaking for the man -- I shouldn't be doing that, but 18 his position was, look, I'd love to get through with the 19 job. I want to get through with the job, I want to do it 20 just the way -- you know, just the way they're drawn. 21 That's safe to say now, but there were a lot of discovered 22 conditions that were involved in this, too, so those had to 23 be resolved. But, the big one is the plaster ceiling. And 24 then -- and, in all fairness, he probably should have had 25 two weeks from the time he was notified officially of that 20 1 until we said go. But because, number one, he didn't give 2 us the numbers fast enough, which should have come within a 3 week, and number two, it takes us a while to ferret these 4 numbers out and make a decision, two weeks is -- is probably 5 the minimum amount of time that could be considered. The 6 way it's stretched out right now, it's going to be in excess 7 of a month. 8 JUDGE HENNEKE: So, we'll give him half of 9 the supervision. That's the part we're responsible for. 10 MR. WALKER: I will carry that back to him, 11 and I'll -- if it's the will of the Court, I will prepare 12 that. 13 COMMISSIONER GRIFFIN: Do we need a motion? 14 I think we need a motion to say that. Let me sum up, or 15 try. And that is, I would make a motion that we approve 16 Change Order Number 6, with the three items deleted as shown 17 in this list, and that the number for supervision be divided 18 in half, made half of what it is now; that the temporary 19 facilities number be reduced to $400, and that the 20 percentages, then, all of those that are burdened by that, 21 be added for to us come up with a new bottom line item. And 22 that there be a proviso, either by note on the change order 23 or by some other means to the contractor, that if he can 24 come back when these other items are priced with 25 justification for additional temporary facilities costs or 21 1 supervision costs, that we'll consider those at that time. 2 COMMISSIONER LETZ: Second. 3 JUDGE HENNEKE: Moved by Commissioner 4 Griffin, seconded by Commissioner Letz, that the Court 5 approve Change Order Number 6, as modified. Any further 6 questions or comments? 7 COMMISSIONER WILLIAMS: Announce what the new 8 total is. 9 JUDGE HENNEKE: We're not exactly sure, but I 10 think everybody understands -- 11 COMMISSIONER GRIFFIN: Let our expert find 12 the numbers. 13 MR. WALKER: Not that the Judge will do it 14 wrong, but I will check it. 15 JUDGE HENNEKE: I don't do numbers; I don't 16 have an accounting degree. 17 (Discussion off the record.) 18 JUDGE HENNEKE: Any further questions or 19 comments? 20 MR. LONGNECKER: Any trouble writing the 21 change order that way? 22 JUDGE HENNEKE: If not, all in favor, raise 23 your right hands. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: All opposed, same sign. 22 1 (No response.) 2 JUDGE HENNEKE: Motion carries. What -- how 3 many more change orders do we anticipate, would you say? 4 MR. LONGNECKER: At least one more. I don't 5 know if there will be a third one. 6 MR. WALKER: I would say at least two more. 7 MR. LONGNECKER: In my report tomorrow that I 8 will be completing for the first half of November, I intend 9 to put in everything that needs to be finished, which is the 10 balance of substantial completion work on the Annex part of 11 the building, the 3B, Stage 1, which is the District Clerk's 12 offices and these facilities that are presently being worked 13 on, and the Law Library, which is where the District Clerk 14 is presently located. I will outline everything that is yet 15 to be done, and then we are at approximately 95 percent of 16 the total package, total project. And it's time, I think, 17 that we got an outline to know where we're at and the 18 balance of work to finish. 19 JUDGE HENNEKE: You said probably two more. 20 One is for Number 3? 21 MR. LONGNECKER: We know these three items 22 are on here, and there's a Directive 23, which I think you 23 had a copy of, and those items. Now, I know of another area 24 where we've got a problem with a toilet room in Phase -- 25 Stage 2 of Phase 3B, which will require some minor changes. 23 1 Whether it's a cost factor, I don't know. I'm still looking 2 for some other deletions which, if possible, will give us a 3 credit. We haven't picked up everything on the credit yet. 4 JUDGE HENNEKE: We haven't received a number 5 yet, I know, for not having to repair the surface on the 6 west side. 7 MR. LONGNECKER: That's correct. And we 8 haven't received a number for deleting the windows from this 9 building. We haven't received the number for deleting that 10 ceiling in that storeroom which is going to be off the 11 library, for taking that ceiling out. We don't have that 12 number. And there may be some other minor numbers that -- 13 that I right now don't have in my head, but these are the 14 things that -- that -- I would not anticipate any more than 15 two change orders. We're at 95 percent completion now. 16 JUDGE HENNEKE: Still think it can be done by 17 the end of the calendar year? 18 MR. LONGNECKER: It's going to be close. I 19 can't say for sure. Based on the schedule and the way it's 20 going, I'd say -- have to say no, because of the pace of the 21 work. 22 JUDGE HENNEKE: I would suggest "schedule" is 23 a foreign word to this contractor. 24 MR. LONGNECKER: Each time I write a report, 25 I do state what the progress of the job has been each two 24 1 weeks, or twice a month. 2 COMMISSIONER GRIFFIN: You might also mention 3 to the contractor that if we had those numbers for things 4 like the credit for the west side work not to be done, 5 windows, et cetera, that it would give us a much clearer 6 picture that -- if we have justification for things like 7 temporary facilities and supervision costs and all of that, 8 it makes a lot more sense to us if we've got all the numbers 9 for everything to get us to the end of the project. And 10 it's in his interest to get us those numbers -- 11 MR. LONGNECKER: That's right, it is. 12 COMMISSIONER GRIFFIN: -- so we can make a 13 judgment on them. And that's the reason that we've reduced 14 these numbers here for now. That's the message he needs to 15 get. 16 JUDGE HENNEKE: Does anyone else have any 17 questions? 18 COMMISSIONER BALDWIN: I have a comment. 19 It's kind of outside, but related to it. I want to bring it 20 in the way of a report. We had been talking about a grand 21 opening date, and we've -- some of us have some insight into 22 this thing, so we -- I have visited around and have come to 23 an agreement that maybe Lincoln's birthday, which I think is 24 February the 12th -- Lincoln's birthday would be a good day, 25 and it kind of fits everybody's schedules upstairs. If -- 25 1 would y'all have any problem with that? Let me know soon. 2 Otherwise, I'm going to put it on the next agenda so we can 3 really get an approval from Commissioners Court. And you 4 can let him know we're going to have a grand opening on 5 February the 12th, regardless what he does. And -- 6 COMMISSIONER GRIFFIN: How about Inauguration 7 Day? Either a celebration or a wake. 8 (Discussion off the record.) 9 COMMISSIONER BALDWIN: If you guys have any 10 problem with that particular date, please let me know ASAP. 11 JUDGE HENNEKE: All right. If there's 12 nothing else, we are adjourned. Thank you, gentlemen. 13 (Commissioners Court adjourned at 2:20 p.m.) 14 - - - - - - - - - - 15 16 17 18 19 20 21 22 23 24 25 26 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 20th day of November, 8 2000. 9 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25