MINUTES  Aransas County Commissioners Court Special Meeting  1:30 PM - Thursday February 22, 2024  The Aransas County Commissioners Court met on Monday, February 22, 2024, at 1:30 PM, in the Aransas County Courthouse, 2840 Hwy 35 N, Rockport, Texas. Aransas County Commissioner's Court meeting video recordings are available by following this link: Commissioners Court Minutes and Agendas aransascountyik.gov, then scroll to the bottom of the page and select the date you wish to view.  Present: Ray A. Garza, County Judge  Jack Chaney, Commissioner Precinct 1-1A - Absent from meeting  Leslie Casterline, Commissioner, Precinct 2 Pat Rousseau, Commissioner, Precinct 3 Robert Dupnik, Commissioner, Precinct 4-4A  I. CALL TO ORDER III. DECLARE QUORUM  II. ROLL CALL Commissioner Chaney. Absent  CITIZENS TO BE HEARD  JeffHutt P'1l be real quick. Judge, Ijust wanted to remind the court that today is what we consider the start of the battle oft the Alamo for the next 13 days ending on March 6, 2024. What I would like to see going forward is that our county sees as high holy days. It's times when whites, browns, and blacks all got together. I think this is something that should be honored and that we should hold celebrations. Going forward int the next couple of years I'di love to see us really celebrate this part of our heritage and tradition.  Thank you.  IV. ITEMS FOR DELIBERATION AND/OR ACTION  1. Discuss, approve or disapprove Change Order #13 from Teal Construction for the following changes: CPR 84 Reduce Plaque Size - Deduct $4,345.00 to Change the five (5) foot Diameter Plaque to a three (3) foot Diameter Plaque; and CPR 86To Addl Data and Power inl DC A210: and DCI Lobby A208 - add $18,019.00 Motion to accept the consent agenda: by Commissioner Dupnik, motion was seconded by  and five (5) impact days - Ellel Moralez/Judge Garza  Commissioner Casterline Discussion followed:  Mark Williams that change order went through some scrutiny and some modifications. We came to a solution that Ithink is acceptable to everyone. It seems to be the most cost effective way we can modify, and address removal of the wall that was designed to bei in between the desk and provide power  and data to all the desks without having the wall there. Judge Garza which room are you talking about? The District Clerk? Mark Williams yes, are there any questions? impact will be $14,674.00? Mark Williams yes  Commissioner Rousseau is the $18,000 going to have the $4,345.00 deducted and the total oft the  Commissioner Rousseau is this a design issue?  Elle Moralez yes, this is a design issue because they needed to see in the vault. That'swhy the wall got removed which has the data and electricity in it and that's why we'rer now going thru the redesign. I gave you all the floor plans sO you can see the floor plans when you look at the second floor, look at Pam Heard that is the one that they put int the window area and didn't bring it over to the other side.  room A210 which is right here.  Heaven Vazquez this added data and power int the District Clerk lobby area.    Commissioner Rousseau is this where they had it on the customer side and not on the staff side? Pam Heard no they havei it on the staff side and not on the other side. Which is for thej public terminals and that's all thej public has to be able to look at when they need to view our records unless they walk into the vault. They just didn't runj power and data over there for whatever reason they left Elle Moralez ify you look at your floor plan, this is going to be the orange section right here where it says District Clerk lobby where the public computers are. Now they will have data electricity to the Pam Heard I don'tk know what happened. Obviously we: intended for it to have data and electricity. Why they didn't runi it over therel I don'tknow. So as far asI I can tell it's bound tol be a design issue or  itj just in the window area sO itl has to go over there.  public computers.  Commissioner Rousseau is that a design issue again? something got missed on the plan. Idon't! know. Mark Williams I would agreel I think that's a design issue. Judge Garza what is the cost off five impact days? Do we. have that? painter that both required additional days to their contract.  Mark Williams I will let Teal speak to that but we. had two vendors along with a sheet rock person and Justin - Teal Construction the impact days that are on there, like Mark said, it's actually to do the additional work, obviously that has to happen. They' 're just saying that the amount of time that they need to take care ofthat scope of work is five days and those five days are going to falli in along with the other work that is going on int the building. It's just to let everyone know when we get in and get started int this particular room it's going to take us about 5 days to get through and get out. Mark Williams that work is being done simultaneously. The painter, sheet rock guy and the Judge Garza Ijust don't want to bes surprised that it's going to go back and it's going to be $10,000a Justin - Teal Construction that price takes care ofa all the work that' 's ini it, and obviously we're still back and forth on some other items but yes, that work there is just basically to say ifthis gets approved expect them to be in this area oft the building for another 5 days to get it knocked out. Paul Bonnet with Matt on PGAL & Zane is also on thel line with us too, but as Irecall on thel District Clerks areai in general we did reconfigure that entire area toward the end of design. Zane correct if I'm wrong Iknow there is a design change in that area shortly before we went to bid. Pam Heard the only design change I can think off for that area was to not put in bulletproof glass because we have to have it open and also to get the counter where we can actually use it. The power that had to go to where the public computers were: never changed, that was always there. Something Zane It think the decision to take out windows was decided during construction. Ithink what Paul was referring to was that wei made some revisions to this lobby area shortly before we submitted the drawings for bid. Soi it does affect the coordination between architectural and electrical and telecom Paul Bonnet IfIr remember right there was a space designated for thej public computers. It was inside the district clerks space whichIk know Pam you have had al bit of ani issue with, so that's part oft the Pam Heard wel have always planned in the lobby. It never would have occurred to me to look in that Paul Bonnet Understood Pam and from what Irecall the County project manager was communicating with you about what you needed and then in return he then would communicate with me. We didn't Commissioner Rousseau iftl the intention was toj put computers int the District Clerks lobby, which) I understand there could be miscommunication, computers are going to need a data link either way, Paul Bonnett I understand what was communicated to us which was that the data link was going to be inside the space. We had data going to the public computer area but somewhere along the way the  electrician all working on the same days. day and then it's going tol be $50,000.  happened.  that we were working with. reason for that change.  area to check until the third visit that there was no data.  have a clear communication processes. why that wouldn't be questioned. data in thel lobby area was forgotten.  2    Misty Kimbrough It think the confusion is with my office. Thej public computers were, going to bei in my office space which there are data connections in my lobby area for the public computers but not inside my office space so Ithink thel District Clerk and the County Clerk's data andj power for public computers Paul Bonnett that is as separate issue from what we are: speaking about. Iknow those changes have Elle Moralez the other part of the change order is the seal. We would need thes seal to be placed on the first floor. The seal was going to be on the floor but now will be placed on the wall and the size will be Judge Garza add the power data. Isee DC. A208 but the other part oft that DC. A210 the staff area - Elle Moralez that is where we are going to be adding power for the desk and that is supposed to go Judge Garza that is in the motion sO do wei need to amend the motion? Ineed the motion to be amended Elle Moralez the change order that wel have ini front oft us is for DC. A208 & DC. A209. Ifyou look at Commissioner Casterline ifDC A209: is not on the agenda we: are not allowed to talk about it. Commissioner Casterline yes, Iunderstand what you are saying but ifDC A209 is not mentioned on the Haven Vazquez this change order #13 CPR 86i it going to be a change adding power and data to their front clerk desk and for the public computers. There is going to be ai future change order to add power to Mark Williams that document was put together with the consensus ofTeal and everybody concerned in the private meeting sO that document is an exact reflection of what they asked to be put int the change Haven Vazquez what' 'si included int the price is for District Clerk and District Clerk lobby. Pam Heard at one point for whatever reason they had all the desk facing away from the counter and they ended up putting all the power and data in the back wall and it can't bet there we have to face counter sO there is going tol be desks in a row basically parallel to the front counter and parallel to that Commissioner Casterline but still ifyou don't have 209 on the agenda you can't approve 209. Commissioner Casterline so maybe we should back up and move to table until its ready. Vote: Motion was table by Commissioner Rousseau Seconded by Commissioner Dupnik 4-0  have been totally mixed up. already been made.  Pam Heard 11 think therel has been a definite miscommunication.  reduced. The seal was going tol be a trip hazard. where is thej power int there?  along the wall. We do not have that change order for that. tol leave "add data power to DC. A210 to delete DC A210." those two rooms there is going to be (sentenced was not finished).  Elle Moralez room DC A209 is right here. agenda we can't! prove that we talked about it. and connect traps int their work areai in the A210.  Judge Garza the. AIA document is not correct though, it says add data power to 210.  order.  back wall sO the power's has to get to those desk some way. Haven Vazquez that will bea a future change. Commissioner Rousseau sO the AIA document is incorrect then.  2. Update the Commissioners on the progress of the new Courthouse Judge Garza  Discussion: Elle Moralez Ihave a video from the attic. We were speaking about the insulation in the Mark Williams we. have the scope of work that was put together by all parties and then Justin wrote the Elle Moralez the video behind us is interesting, Iwent upi in the tower and went offt to my left so Ij just went around one corner, so image three more corners walking around, it gives you an idea ofh how much insulation is going to be required. Upt there in the attic, it's not like your house. Ibelieve its five inches Mark Williams thei insulation when they put it down reacts as a catalyst. Added to a solution it generates heat sO they have to wait until it chills before they go with a second pass. Commissioner Casterline is it going to cover the frame on the floor which is the top side of ceiling?  attic and right now we. have three contractors who are quoting. scope and sent it to the subcontractors we're still waiting on prices.  thick and will take two passes.  3    Mark Williams the insulation when they put it down reacts as a catalyst added to a solution, it generates heat Commissioner Casterline is it going to cover the frame on the floor which is the top side of ceiling Justin - Teal Construction it goes between there. There is a little wall cavity between that concrete and the Commissioner Casterline how long does it takei it to cool? Normally when they are spraying they are Mark Williams that' 's one question wel had asked. The thought was by the time they make it all the way Justin - Teal Construction there may be some water in there. Ifyou remember this is right at the tower where it's not finished, where we have to run the brick up and think this was right after it had rained andi it  sO they have to wait until it chills before they go with a second pass. Commissioner Rousseau but not against the walls. Elle Moralez it goes up on that one side. roof deck but it's not going to be on a vertical surface.  moving and as soon as it cools they go back and add on to it right then and there. around the attic and come back it should be ready to spray again.  Judge Garza is that water there? just came through the back side. Justin - Teal Construction yes it should be.  Commissioner Rousseau should it be dry before they put in the insulation?  Commissioner Rousseau Rene will your teaml have to be up int the attic for any reason once this insulation Rene Butler Ihave actually been int the attic, prior to finding that wei needed it in there, and it didn't appear Mark Williams it is walkable you can walk on this insulation without disturbing it, without deteriorating the Justin Teal Construction The attic is 4000 square feet the building is 10,011 square feet with floor space Commissioner Dupnik other than attic space is there anything like plumbing or electrical or any kind of Justin - Teal Construction there' 's electrical for all your soffit lights sO all your rips and everything runs Commissioner Casterline thei insulation will be covering those beams that are going across. Elle Moralez the other floor plan that you have is for. JP1 &. JP2 that is where wei need tol be put int the doors, electrical data for their printers, and then some additional electricity in those rooms. The doors are being Commissioner Casterline how many circuits are you're going to run in there that stuffis low power. Elle Moralez they havea a lot of electricity already but they wanted some against the wall. We already have toj put electricity in there for thej printer. They are going to run a couple more. Ithink there are three outlets on each side on the back wall and then the doors that are there. Thel District Clerk will have card readers to get into their side. Other than this there will be more change orders coming up. Ijust want you to be aware Misty Kimbrough II have a question for you Elle. Are the additional countertops that are: in the way ofus waiting on the counter, has there been any discussion or pricing ofwhat it would bet to remove that counter Misty Kimbrough Iv want to make this public and I want to make it known that my staffi is not waiting that counter until it's removed and if wel lose warranty on those few walls to get that out Iwill do that. Justin - Teal Construction could I make one: more comment just to make things al little more confusing on that AIA document, you are. looking at rooms 208 & 210. Ifyoul look at the architectural floor plan and if you look on the electrical drawings there is no 209 sO that's 208 & 210 which matches the AIA document Amanda Oster wel have already tabled that. Right now we are not allowed to talk about that. We can talk Mark Williams II have several items I'd like to discuss. Wel have three large outstanding change orders and Elle mentioned the first one about the attic insulation. As we said we have three bids coming in for that.  is put in? that we would need to. insulated qualities. 5% inches thick roughly. duct systems? through there.  Mark Williams insulation will not be there in that area.  pushed back because the lighting system is already upi in the ceiling.  for. JP1 &JP2.  sO that we can keep the warranty? Elle Moralez no not at this time. Elle Moralez okay thanks  and the plugs that go on the back side of that counter are technically in room 210.  about it again.  4    bid from Teal was $299,000 I'm hoping we can get that much less than that with an effort from the bidding Ibelieve we: are going to see a great reduction int that cost, that was the first issue. The next one is the Texas Jail Standards, we'vel had ai meeting with Courtney this week. It was PGAL, myself, Elle, Brooks, and we also had the Texas. Jail Standard people. I'm not sure who all was involved int that meeting. Mark Williams it was determined that we: need an extra detention grade door on the outside of the building sO it's going to add another door to this order. The shop drawings are underway and willl be added to that scope Mark Williams that price originally started out at $229,000. We may see an: increase and also int the 16 week delivery time. We're already into the 16 weeks delivery time.. Justin are we waiting on the final? Justin - Teal Construction no sir, we're not in the 16 week time yet. We got the directive to order the doors and frames which started the submittal process. The submittal came in. That's when we understood that there was going to be an issue with doors needing to be added or hardware needing to be added sO that time essentially stopped until we: figure out ifwe've got to have electrified hardware or additional doors and get Commissioner Rousseau was there a determination for two or four doors that were needed. Mark Williams Paul correct ifI'm wrong it was just one additional door right? Paul Bonnett prior to this additional contact with the. Jail Standards, we: needed four additional detention Commissioner Rousseau that point was argued for about 35 minutes at the last weekly meeting we. had sO Paul Bonnett wel have the shop drawings for the four that were previously in thej proposal request number 12 and we will review and get thosel back to Teal today sO we can start whatever the lead time is. We want to remind people that the 16 weeks is hopefully a worst case and then we'll have to get another drawing done Mark Williams they actually come from the vendor tol PGAL through Teal sO that is going to be modified Justin - Teal Construction II know we are waiting on some answers for hardware for a couple oft the doors Paul Bonnett Justin, we got that figured out and we' ve been talking to the County and Elle about that this Paul Bonnett Iv would like to get it back today. Zayne and I need to talk about that and make sure there'sno Justin - Teal Construction just so you understand once we get it back we will send that out for pricing and then we will send that back and get the okay on the price and the release oft the hardware. Then starts the 16 weeks. Ifwe get the submittal back on the first four doors then the 16 weeks for that can start today or  process we' re going through  Paul BonnettIb believe it was Jordy Elrod from the. Jail Standards side. Judge Garza did the door come from the exterior into the lobby.  ofwork. We'll get ai modified copy of costs.  that priced. So the 16 weeks has not yet started. Mark Williams sO we got 16 weeks of lead time?  doors now we have five.  now we' re saying we are going to need five additional doors.  fort the exterior door.  Commissioner Rousseau the submittals will be coming from PGAL. Commissioner Rousseau when do we think that process will get started.  because we. have five doors now. that are going to affect the submittals.  past week sO, when we: send that back we'lll have the answer on thel hardware set. Commissioner Rousseau when do you think you' re sending that back?  other issues but hopefully today.  tomorrow as soon as we get it back.  Mark Williams thought the 16 weeks included shop drawings phase. Justin - Teal Construction no 2to 3 weeks for shop drawings and 16 for materials.  Mark Williams the other item I want to speak about is thei item from on or around. January 5, 2024. We got a change order request from Teal Construction Company for extended general conditions from our original date of construction which was the end of September to the new date of January 31, 2024. They wanteda change order for $508,000. Mike Monreal and myself, and some scheduling guru's that wel have with the firm took the construction schedule and with some review and modifications we've got that price down to $299,000 which we believe that through that effort this is probably a win-win. This is about the best we can  do for this change order for $299,000 for extended general conditions.  5    Commissioner Dupnik that isj just for September 2023 to. January 31, 2024. Commissioner Rousseau we are already at February 22, 2024.  Mark Williams yes sir.  Mark Williams we'res still doing basic scope ofs services. Wel have given them a change order to extended the contract to January 31,20241 but we. have not extended the time beyond that sO they're still bounded by Mark Williams we got the. Jail Commission Standards. We are going to givet them additional time and they' 're asking for 16 weeks. We got that and there may be some other changes orders that warrant extended time such as the one we attempted to process like that change order number 13 which was 5 days.  January.  Judge Garza if we do finish this by August we are looking at more.  Judge Garza are the elevators in?  Mark Williams wel have one elevator that is aj partial shipment.  Justin - Teal Construction we've got aj portion oft the elevator in the building. They' vel had some technicians get started on it. They are not far down the road but they do have aj portion ofiti in. Just to go back to the original number that Mark mentioned, of $500,000 plus or minus, they got moved down to $300,000. That difference is not necessarily a direct reflection ofa any scheduling items. There were costs in there from subcontractors who havel been passed through us. The same reasons thosel have pulled out still need to be discussed but the number that Mark mentioned of $299,000, that isj just general conditions for Teal Commissioner Rousseau are, you saying that the elevator that was delivered wasn't a complete elevator or  Construction.  was it a complete elevator and only aj portion ofitl has been sent so far. Justin-1 Teal Construction it's not a complete elevator. Commissioner Rousseau did the city get a complete elevator with their shipment? Justin - Teal Construction I believe the cities are complete.  Commissioner Rousseau do we. know when the rest of the first elevator out ofthree will be showing up. Justin - Teal Construction they told us each elevatorl I believe is a truck and a half, 18 wheeler and al halfto deliver it sO it may end up being that we get the second half of elevator first. And the first half of elevator on the next truck when that's 's actually going to ship out. They haven't given us that logistics but they do know that it's 18 to 20 working days before they need to get to elevator 2 soi it may be another weeki in a halfbefore we can realistically see thel balance ofit depending on how the installs go and what'ss still lacking  V. CLOSED SESSION  3. Convene into a Closed Session to consult with counsel and receive legal advice about insurance matters related to Aransas County's projects and insurance claims from Hurricane Harvey, including the  following pending litigation:  i. Aransas County Texas V. Endurance. American Specialty Insurance Company, et al, Aransas ii. Northstar. Recovery Service, Inc. V. Aransas County Independent School. District and. Aransas County, Aransas County, District Court Cause No. 23-0066 consolidated with Northstar Recovery Services, Inc. V. HR&R, LLC, et al, Aransas County District Court Cause No. 20- iii. Aransas County V. Kathleen Hicks, in her official capacity as Director of the Regional Pool Pursuant to Section 551.071 oft the Texas Open Meetings Act, which authorizes closed sessions fora governmental body to consult with its attorney(s) regarding advice on legal matters pertaining to "Pending or Contemplated Litigation; or Settlement Offer: or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct oft the State Bar ofTexas clearly conflicts with" the Open Meetings Act - Amanda Oster/Judge Garza Motion to move into closed session: by Commissioner Rousseau, motion was seconded by  County District Court Cause No. 23-0021; and  0159; and  Alliance, Aransas County District Court Cause No. 23-0069  Commissioner Dupnik  Vote: Motion carried 4-0: it was SO ordered Convened into closed session at 2:20PM    Motion to reconvene into open session: by Commissioner Rousseau, motion was seconded by  Commissioner Casterline No action needed  Vote: Motion carried 4-0: it was SO ordered Convened into open session at 2:38PM  VI. ADJOURNMENT  Motion to adjourn: by Commissioner Rousseau, motion was seconded by Commissioner Chaney  Vote: Motion carried 4-0: it was sO ordered Meeting adjourned at 2:40PM  ARANSAS COUNTY COMMISSIONERS COURT  Ray A.  County. Judge  4  Misty Kimbrough,  Ex-Officio Clerk of the Commissioners Court  a  7