1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, March 7, 2011 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 GUY R. OVERBY, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X March 7, 2011 2 PAGE 3 1.1 Consider/discuss, take appropriate action to approve payment of final bill to Pro South 4 Construction for work rendered on Ingram Dam and Flat Rock Lake Dam 3 5 --- Adjourned 11 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Monday, March 7, 2011, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Okay, let me call to order this 8 special Commissioners Court meeting posted and scheduled for 9 this date and time, Monday, March 7th, 2011, at 9 a.m. It is 10 that time now. The agenda item for this morning's meeting is 11 to consider, discuss, and take appropriate action to approve 12 payment of final bill to Pro South Construction for work 13 rendered on Ingram Dam and Flat Rock Lake Dam. Commissioner 14 Oehler? 15 COMMISSIONER OEHLER: Well, I appreciate that -- 16 y'all coming in for this special meeting. This guy really 17 needs to be paid. He has done us an outstanding job. He -- 18 even with all the extra things that came up on the Ingram Dam 19 project, he still came in under what the total bid was in the 20 beginning by about $11,000. And he's had a lot of delays and 21 things. He's got bills he needs to pay, and the job is 22 complete; been signed off on by the engineer. And so I move 23 that we approve his final bill to be paid. 24 COMMISSIONER LETZ: In the amount of how much? 25 COMMISSIONER OEHLER: 110,000 -- 3-7-11 4 1 MS. HARGIS: 110,871.44. 2 COMMISSIONER OEHLER: 110,871.44. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: We have a motion and a second. 5 Question or discussion? 6 COMMISSIONER LETZ: And those funds are coming out 7 of that designated line item, out of the capital project -- 8 MS. HARGIS: It's coming out of the capital that 9 was originated for both dams. And the only thing that I was 10 just wondering, do we have a letter of when the maintenance 11 starts, the one-year maintenance? 12 COMMISSIONER OEHLER: What do you mean, the 13 maintenance starts? 14 MS. HARGIS: Usually after a construction contract, 15 we have a one-year maintenance agreement if anything goes 16 wrong. Do you know if we have that? 17 COMMISSIONER OEHLER: I don't have a clue. 18 JUDGE TINLEY: I don't -- I don't know, in this 19 particular project, whether or not -- 20 MS. HARGIS: We have that? 21 JUDGE TINLEY: -- we have that. The other thing 22 that is a little different from most other projects is the 23 retainage. You know, we -- the contractor did all the work 24 himself. 25 COMMISSIONER OEHLER: Mm-hmm. 3-7-11 5 1 JUDGE TINLEY: Directly. He didn't have any subs 2 or suppliers. 3 COMMISSIONER OEHLER: No. 4 JUDGE TINLEY: Other than the -- 5 COMMISSIONER OEHLER: Other than rental equipment, 6 stuff like that. 7 COMMISSIONER OVERBY: Question. Just how long -- 8 just for my information, when did the project originally 9 start? When -- how long has the project totally been -- 10 COMMISSIONER LETZ: Ten years. 11 COMMISSIONER OEHLER: Gosh, started October or 12 November, I believe. 13 COMMISSIONER OVERBY: It started -- 14 MS. HARGIS: Actually, October, I believe. 15 COMMISSIONER OVERBY: October of? 16 COMMISSIONER OEHLER: It was first of -- 17 MS. HARGIS: Last year. 18 COMMISSIONER OVERBY: Last year. 19 COMMISSIONER OEHLER: Yeah. 20 COMMISSIONER LETZ: That's just the actual -- this 21 part of it. The other parts of it, the surveys and the 22 X rays and -- 23 COMMISSIONER OEHLER: Yeah. 24 MS. HARGIS: It was a 150-day contract, so he's 25 really pretty much okay on it as far as that's concerned. I 3-7-11 6 1 think, time wise, he even came in under time, if you think 2 about it, because of the delay of figuring out what we had to 3 do wouldn't have counted towards him, anyway. And he's -- 4 there's no problem, I don't think, with time, because it 5 was -- it's -- you know, and he did come in $11,470.66 under 6 what the original contract was. 7 COMMISSIONER OVERBY: What was the original 8 contract, just for my information? 9 MS. HARGIS: 297,635. 10 COMMISSIONER OVERBY: Okay. 11 MS. HARGIS: And he came in at 286,917.21. 12 COMMISSIONER OEHLER: How often do you see that? 13 With a contractor that discovers all kinds of problems after 14 the project is started that are unforeseen. 15 COMMISSIONER OVERBY: Sounds like we had the right 16 guy selected. 17 MS. HARGIS: And I think -- and in his defense, he 18 turned this in on February the 21st, this estimate, and he 19 didn't get it back from the engineer. So, there was a delay. 20 And we -- we haven't met, but I just -- I appreciate y'all 21 coming in as well, and I'm sorry that I had to ask, but since 22 it's the final estimate, I just thought it was better that 23 Commissioners Court approve it. 24 JUDGE TINLEY: The only question I would have -- 25 and, of course, it's something the County Attorney needs to 3-7-11 7 1 answer for us. If we are required by law to withhold 2 retainage, certainly, we're required by law to do that. I -- 3 you know, normally there's a 10 percent retainage, and it's 4 released after 30 days. But that would be the only concern I 5 would have. I have no concern about the quality of the work, 6 the contract price, or what it came in at. But -- 7 MS. HARGIS: I don't think you're necessarily 8 required to keep 10 percent, but if you do keep 10 percent, 9 you have to -- or 5 percent, you have to pay interest on it 10 at this stage of the game. But I don't know, once the job is 11 final, when the engineers say it's final, that it's 12 absolutely necessary. I think generally you see that where 13 there's a problem. 14 COMMISSIONER OEHLER: Yeah. 15 JUDGE TINLEY: Mm-hmm. Oh, yeah. In which case, 16 you can withhold -- 17 MS. HARGIS: Then you withhold 10 percent just to 18 make sure. 19 JUDGE TINLEY: Or more. In the event of a specific 20 problem, you can, I think. 21 MS. HARGIS: Do you want me to ask -- Rob is 22 familiar with this. We didn't discuss that. 23 JUDGE TINLEY: I'd feel more comfortable. And, of 24 course, it would only apply to the applicable portions of the 25 retainage for that period of time. That would be my only 3-7-11 8 1 concern. But I just don't want us -- just generally, on 2 public contracts, on -- on capital-type items, it may not be 3 applicable to something like this. Generally, those are -- 4 you're talking about construction of improvements. This is a 5 repair, so it may not be applicable. I don't know. But I -- 6 I just want us following the law if -- if, in fact, we're 7 required to do that. 8 COMMISSIONER OEHLER: Yeah. 9 MS. HARGIS: Okay, I'll check with the County 10 Attorney. 11 COMMISSIONER OEHLER: I would say subject to the 12 County Attorney's approval. I don't see that -- once the 13 engineer signs off on it as being complete, I think that that 14 means it's complete, in my mind. And if there were problems, 15 he'd say, well, you know, you can pay him so much, but, you 16 know, we need to hold back -- 17 JUDGE TINLEY: Withhold? Yeah. 18 COMMISSIONER OEHLER: -- some because there may be 19 some things he hasn't finished. But he's cleaned up and 20 everything. 21 JUDGE TINLEY: Well, it looks great out there. 22 COMMISSIONER OVERBY: That's good. 23 COMMISSIONER OEHLER: And I believe that -- and I 24 can't imagine it not being fixed right. I mean, they really 25 went above and beyond to get -- make sure that it was sealed 3-7-11 9 1 up and all the voids were filled, and -- and they did patch 2 that upstream crack that went all the way across the dam, 3 full length of the dam, with some specialized material that 4 cost $12,000 just for the material. And they had to apply 5 it, and they did it -- I mean, it's flexible, so when that 6 crack opens and closes with the heat and cold, it will expand 7 and not open up again. And that was probably where all of 8 our problems started, was that cold joint that was poured 9 upstream in 1955 or '56. And over the years, it's just, you 10 know, allowed water to enter that thing, and that -- that is 11 -- that is done. 12 JUDGE TINLEY: Good. 13 COMMISSIONER OEHLER: And so -- 14 MS. HARGIS: And the lake is -- 15 COMMISSIONER OEHLER: I feel real good about it, 16 and I think everybody else does. And I know that he's done a 17 -- he could have gouged us so bad. He could have run us out 18 of money and said, oh, well, we found things that -- 19 COMMISSIONER BALDWIN: Like most people do. 20 COMMISSIONER OEHLER: Like most -- you know, most 21 contractors, or a lot of them that are looking for more 22 money. 23 COMMISSIONER LETZ: Was Mr. Vlasek happy with it? 24 COMMISSIONER OEHLER: I don't think that's on the 25 agenda, if you don't mind. 3-7-11 10 1 COMMISSIONER LETZ: I'm just asking you if he's 2 happy with the dam repair. 3 COMMISSIONER BALDWIN: Bruce, I know that's where 4 my trouble started in 1955 with the cold joint. (Laughter.) 5 I don't know if we're over it or not. It's one of those 6 things, like a war, you know. 7 MS. HARGIS: But the lake -- 8 JUDGE TINLEY: Any further question or discussion 9 on the motion? All in favor of the motion, signify by 10 raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion carries. Any further 15 business? 16 COMMISSIONER OVERBY: One quick update, I think, 17 while I have everybody here. And there will be a report on 18 our agenda meeting coming up on the 15th. I just wanted to 19 give you a little update on our AACOG deal last week. All of 20 you should know that we had 69 -- early reports, we had 75 21 applications filled out last week on Thursday. We had 69 22 early indications that were eligible for that program. In 23 fact, the comments from the AACOG folks that were out there 24 for that whole day out there, they were just ecstatic about 25 the people coming in, and so I want to thank the 3-7-11 11 1 Commissioners Court and all of our folks in our community for 2 pushing this. I know Bruce, I guess, said some things in the 3 papers. The average -- the average assistance that helps on 4 these programs is $6,250 each. Some of these go up to 5 $12,000, $15,000. But these are people who really are in 6 need, and I -- I'd like to say I appreciate the Court 7 stepping up and promoting that, and it'll help a lot of 8 people who need it. So, there will be a full report on the 9 15th as well. 10 JUDGE TINLEY: Anything further? We're adjourned. 11 (Commissioners Court adjourned at 9:11 a.m.) 12 - - - - - - - - - - 13 14 STATE OF TEXAS | 15 COUNTY OF KERR | 16 The above and foregoing is a true and complete 17 transcription of my stenotype notes taken in my capacity as 18 official reporter for the Commissioners Court of Kerr County, 19 Texas, at the time and place heretofore set forth. 20 DATED at Kerrville, Texas, this 8th day of March, 2011. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 3-7-11