1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Friday, June 15, 2012 11 10:00 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 June 15, 2012 2 PAGE 3 1.1 Consider/discuss, take appropriate action on approval of addendum to Request for Proposal 4 for construction of Hill Country Youth Exhibit Center – Show Barn facilities 1 5 --- Adjourned 7 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Friday, June 15, 2012, at 10:00 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: Let me call to order this special 8 meeting of the Kerr County Commissioners Court posted and 9 scheduled for this date and time, Friday, June 15th, 2012, at 10 10 a.m. It is that time now. The agenda item before the 11 Court this morning is to consider, discuss, and take 12 appropriate action on approval of addendum to Request for 13 Proposals for construction of the Hill Country Youth Exhibit 14 Center Show Barn facilities. Commissioner Oehler? 15 COMMISSIONER OEHLER: I'm going to let Peter take 16 this over and let him explain the situation more in detail. 17 JUDGE TINLEY: Okay. 18 MR. LEWIS: Your Honor, -- 19 JUDGE TINLEY: Good morning. 20 MR. LEWIS: -- Commissioners, regarding this docket 21 item or whatever the technical term is, we had gotten some 22 feedback from Rainwater -- at least one rainwater contractor 23 regarding the requirements for a bid bond and performance of 24 payment bond, and we're informed that there isn't going to be 25 a stand-alone contractor who can do that rainwater system 6-15-12 4 1 installation who will carry that kind of insurance. And so 2 it is our recommendation to the Court -- well, initially, we 3 had thought that we would separate the packages, the show 4 barn and the rainwater system, and to get a better value on 5 the rainwater system. It occurs to us and appears now that 6 the way that we're going to get that done is to roll it into 7 the general contractor's construction contract, and so we are 8 here today to recommend that the rainwater system, the tanks 9 and the distribution system, now become a part of the general 10 contract. 11 JUDGE TINLEY: As an addendum? 12 MR. LEWIS: As an addendum. We will issue -- and 13 we will formally issue an addendum, but there will also, 14 incidentally, be other items as we get feedback from 15 potential bidders, and we have had some very good interest. 16 We will -- there will be other items, as is traditional, 17 during the bid phase of the construction contract. 18 JUDGE TINLEY: Are you asking that the rainwater 19 thing be priced separately? 20 MR. LEWIS: It is -- it actually will be priced as 21 an alternate, and so there won't be an identifiable cost. 22 JUDGE TINLEY: Okay. Because we're going to look 23 at other participants. 24 MR. LEWIS: Yes. 25 JUDGE TINLEY: And we'll need that identified, 6-15-12 5 1 price-wise. 2 COMMISSIONER LETZ: My question is, if it goes 3 through the general contractor, there's going to be a 4 percentage tacked on by the general contractor, wouldn't you 5 say? 6 MR. LEWIS: Yes, sir. 7 COMMISSIONER LETZ: A hefty amount on that, on a 8 hundred and some thousand. And none of the rainwater people 9 can go out and get a bond for that amount of money? 10 MR. LEWIS: Not in this short period of time, to 11 establish a relationship with a bonding company. And it's 12 not a stand-alone deal. It's about a longer-term 13 relationship. And so, we have not called all the rainwater 14 contractors in the state. 15 COMMISSIONER LETZ: Well, sure, I understand that. 16 But I'm just -- it just -- 17 MR. LEWIS: We're taking it from Rainwater 18 Systems -- Barry Wall from Rainwater Systems has told us that 19 he doesn't carry that, and he said there's not going to be 20 another rainwater contractor in the state that will. 21 COMMISSIONER LETZ: Okay. 22 COMMISSIONER OEHLER: This is an alternate. 23 COMMISSIONER OVERBY: How'd they do the 24 Kroc Center? 25 MR. LEWIS: The Kroc Center was under the 6-15-12 6 1 general -- 2 COMMISSIONER OVERBY: General contractors? 3 MR. LEWIS: -- construction contract. 4 COMMISSIONER OEHLER: We may have to go back and 5 regroup, go with a smaller system and add on as time goes on. 6 I don't know how this is going to work, but this is the only 7 way we can get a price. 8 MR. LEWIS: And there's also another value to doing 9 that, in that because the two systems have to be integrated 10 and work together, and we're -- we've got some plumbing 11 that's going to overlap with the general plumbing of the 12 building, you have one source of accountability at the end of 13 the day, that general contractor. 14 COMMISSIONER LETZ: That part is good. 15 COMMISSIONER OVERBY: That's good. 16 COMMISSIONER LETZ: That part's good. The other 17 part surprises me, but it is what it is. 18 COMMISSIONER OEHLER: I move that we approve the 19 addendum proposed by Peter Lewis, our architect, on the 20 rainwater harvesting system to be added to the general 21 contractor's bid as an alternate. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: Motion made and seconded as 24 indicated. Question or discussion? All in favor, signify by 25 raising your right hand. 6-15-12 7 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion does carry. 5 COMMISSIONER LETZ: Now there's a perplexed County 6 Attorney. 7 JUDGE TINLEY: Yeah. 8 MR. HENNEKE: Is there a motion to replace me? 9 (Laughter.) 10 COMMISSIONER OEHLER: Well, do we need to do that? 11 COMMISSIONER LETZ: Not on the agenda? 12 COMMISSIONER OEHLER: I didn't know we had that 13 authority, without a resignation. 14 JUDGE TINLEY: Anything else to come before the 15 Court this morning? We're adjourned. 16 (Commissioners Court adjourned at 10:05 a.m.) 17 - - - - - - - - - - 18 19 20 21 22 23 24 25 6-15-12 8 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 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 15th day of June, 2012. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6-15-12