CIIAIR Robert Thomas

CO~IM ISSIONEHS William D. Darby

EXECUTIVE DIRECTOR Harvl.!y Hih.krhran

Patti Jones Michael NO\ak Jack W. Perry Betty Reinbeck

TEXAS I?ACILITIES COMMISSION

Minutes No. 75: Minute~ of the Scptemher 16. 2015 Public Meet in~ of the Tc 'I:Wi Fucilitie~ Commission in Au~tin. Tr.tvis County, Texus.

After prmiding notice as required hy the Texa!'> Open Meetings Act. the Texas Fucilities Commi.,.,ion held an open meeting utthe Centml Sen ices Building. 171 I San JJcinto Bouh.:\an.J. in Conic renee Room -l02. Au~tin. Texas. on Wednesda), September 16. 2015 commencing at 10:00 a.m. Chair Reinhcd. prl.!sid!!d, and Cnmmi-..,inner!'> NmuJ... Incl.!, Darb) and Pl.!rry were also prl.!sl.!nl. Comrni!.sioncrs Hermosa \Hts uh~enl.

I. Call to Order.

Chair Reinbeck calbl the mel.!ting to order at 10:00 a.m.

II. Apprm·a) of the minutes from the April 15, 2015, .June 17,2015 and July 15,2015 Open ~leeting.

The Commic;sion voted unanimously to appro\e the minutes from the pn:\ious meetings \\ith a motion m.tde h) Commissioner Darby and a sc~:und tn Jpprme thl! motion muue h) Commissioner NO\ak.

III. Public Comment.

There \\Ul> no public comment.

IV. Award of Lease Recommendations and Sumnmries.

Leases Pending E~ecution \\ ith Commencement Dute on or after September 16, 2015.

Replacement Least.'S

J. #20497 - Comptroller of Public Accounts: Corpus Christi, TX. 2. #20482- Office of the Attorney General: Victorin, TX. 3. #303-6-20-'91-A - Health and Human Sen·iccs Commission/Dcpnrtment of Aging and Disahilit)

Services: Austin, TX. 4. #303-7-20505- Oflice of the Attorney Gencml: El Paso, TX. 5. #303-7-20506 - Department of Family and Protective Sen·ices/Health :and Humun Sen·iccs

Commission/Department of State Health Sen·ices/Dcpartmcnt of Assisth·e und Rehahilituthe Services/ Department of Aging and Disability Services: Pcnrsall, TX.

Renewals

6. #10041 - Department of Famil.)' and Protecth·e Senices/Hcnlth nnd Human Sen·iccs Commission/Department of Aging and Disability Services/Department of State Health Sen·ices: Cuero, TX.

7. #1682- Department of Assistive and Rehabilihttive Services: Houston, TX.

8. Report on the delegution to the Exccuthe Director for the appro\·ul of Lease #303-6-20493- Soil and Water Consenation Board: Temple, TX, pursuunt to commission policy.

The Commiso;ion -.otcd unanimously tu approve the ahuve lca~c.., \\ ith a motion to approve m~1dc hy Commissioner I nee and a ~ccond In apprmc the motion nutdc hy Commissioner Pcrrj .

V. Consideration and possible uction to appron an architectural engineering professional scn·ices contract amendment for the 2010-11 deferred maintenance on the Stnte Records Center, Project No. 10-008-6306 in Austin, Texas

The Commission \Oicd unanimous() to approve an architectural/engineering pwfe-;sional services contract amendment with Stanley Con~uh.mt~. Inc. in the amount S 17. 500 00 for 20 I(). (( deferred maintenance for the Swte Records Center, Project No. I 0-008.0306. in Austin. Tc:'(a'>, with a motion made hy Commissioner Perry and a second to approve the motion made hy Cornmi!.sioner Nova!-..

VI. Considerution und possible uction to uppnne nn architectural engineering professional services contract amendment for the 2014-15 Park 35 Building B roof replneement, Project Nos. 14-0ll-6.t61 and 15-0I.t-6062 in Austin, Texus.

The Commission voted unanimou~ ly to approve an arclutecturallengincering professional services contract amendment with \Vi<;c;, Janney. c lst ner Associates, Inc. in the .unount of $15,702.00 li.Jr the 2014-15 P.1rk 35Building B roof replacement. Project No-.. 14-011 -6461 and 15-01-t-6062 in Au'itin. Texas. with a motion made hj Commis!>ioner lnce and a 'iecond 10 appro\ e the motion m.lde hy Conunb-.ioner D.trhy.

VII. Consideration and possible action to appro,·e u construction manager-at-risk contract amendment for the 2014-15 Park 35 Building B roof replacement, Project Nos. 14·011-6461 and 15-014-6062 in Austin, Texas.

The Commi'>sion voted unanimously tn apprnvl.! a constru~·tion manuga-at· risk contruct amendment with Kh.:\\ it Building Group. Inc., in thi.! amount or $750,000.00 for the :!01-t-15 Park 35 Building B roof replacement. Project Nos. 14-011·6461 and 15-014-6062 in Austin, Texas. with a motinn made hy Commissioner No\>ak and a second to approve the motion made by Commissioner Perry.

VIII. Consideration and possible action to appro\'e a construction contract umendrnent for the 2012-13 indoor air quality improYemcnts to multiple buildings in the TFC stutcwide portfolio, Project No. 12· 027-6424.

The Commission voted unanimously to approve a construction contract amendment to TD Industries, Inc. in the amount of $775.077.00 for the 2012-13 indoor air quality improvements to multiple buildings in the TFC statewide portfolio, Project No. 12-027-6424, with a motion mad~: hy Commissioner lncc and a second to appnl\'c the motion made hy Commissioner Darby.

IX. Ueport on emergency delegation to the ExecutiYe Director pursuant to commission policy to uppro,·e a construction manager-at-risk contract award for the Texas Department of Public Safety 2014-15 Region 3 Deferred Maintenance, Project No. 14-031 K-60.t7 in Corpus Christi, Texas and 14-031 L· 6047 in Hurlingen, Tcxus.

Mr. John RaiT, Deputy Executive Director of Facilities Design and Construction. gave the Commission a reporl on the emergency delegation to the Executive Director pursuant to commission policy for the apprO\al of a construction manager-at-risk contract award to Kiewit Bui I ding Group.. in the amount nf $2.384,244.00 for the Tc:-w~

Department of Puhlic Safety 2014-15 Region 3 Deferred Maintenance. Project Nu. 14·031 K-6047 in Corpus Christi. Texas and 14-031 L-6047 in Harl ingen, Texas.

X. Report on emergency delegation to the Exccuth·e Director pursuant to commission policy to upprovc an amendment to the cle\·utor maintenance sen·iccs contract with EMR Ele\'ator, Inc., TFC Contract No. 13-014.

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Mr. Peter Maass, Deputy Executive Director of Planning :.tnd Real Estate M:mugcmcnt, gave thc Commis!>ion a rcport on the cmcrgency dcleg:llion to thc Exccutivc Director pursuant to commission policy for thc appnnal of u an umcndrnent to cxtend the elevator rnainten:mcc service-. contract \\ ith EMR Elcvator. Inc .. in the amount of $55,936.00. for a term of four months hegtnning Septemhcr I. 2015 and ending Dcccmhcr 31. 2015. TFC ContrJct No. 13-014.

XI. Report on emergency delegation to the Executi\ c Director pursuant to commission policy to approve an umcndment to the elevator maintennnce senices contrnct with Schindler Ele,·utor Corporation, TFC Contract No. 13-015.

Mr. Peter Maass, Deputy Executive Dircctor of Planning and Real Estatc Management. gave the Conuniso;ion J report on the emergency dcleg:uion to the Executive Director pursuant to commission policy f(,r the apprmal of a an amendment to extend the clev.llor maintcnancc !>ervices contr.tct \\ith Schindler Elevator Corporation, in the amount of S264.0<XHJO, for a term of four month~ hcginning Septemhcr I. 2015 and coding Decem her 31. 20 I 5. TFC Contract No. 13-015.

XII. Report on emergency delegation to the Executi\·c Director pursuant to commission policy to apprn\'C the uwurd of se,·en contracts for commercial remodeling construction services.

Mr. John Rafl, Deputy Executive Director of Facilitie'i Desi~n .md Construction. gave the Commission a report on the emergency dclcgution to the Executive Director pursuant to commission policy for the approval of the a\\ artl of seven contracts for commercial remodeling services at nne or more of three tiers to the fnllowing firms: Alpha Building Corporation (Tiers 2 und 3). Gadberry Construction Compan}. Inc. (Tier. 2 and 3). Great America Custom Building (Tier I), Jamail & Smith Construction, LP (Tier 2 and 3). Reconstruction E.'<perts (Tier I). Trimhuilt Construction (Tiers 2 and 3). and J.T. Vaughn Construction, LLC (Tier 3).

XIII. Consideration and possible action to appro\·e the 2015 Uniform Cenerul Conditions.

The Commission voted unanimouo;ly to appro\e the 2015 L'mfnrm Gencntl Conditions, with a motion made hy Commissmner Novak and a second to approve the motion made by Commissioner Darhy.

XIV. Consideration und possible action to approre commencement of u statutory 4-year rule rc~·iew

related to Texas Administrath·c Code, Title I, Purl 5, Chapter I 16 entitled Property Management Dh·ision and publication of rC(JUired notice of the proposed rule re,·iew in the Texas Register.

The Commission voted unanimously to approve commcncement of a statutnry 4-year rule review related to Texas Administrative Code, Title I, Part 5, Chapter I I 6 entitled Property Management Division ami puhlication of required not ice of the proposed rule review in the Tcxa<; Rcgbter. with a motion made hy Commissioner Perry and a second to approve the motion made by Commissioner D.trby.

XV. Consideration und possible action to upprol'e commencement of u stu tutory 4-ycar rule rel'iew related to Texus Administrath·e Code, Title I, Purl 5, Chapter J 17 entitled Mandatory Paper l{ecycling Progrum and publication of required notice of the proposed rule rcYiew in the Texas Register.

The Commission \'Otcd unanimously to approve commencement of n .statutory -l·year rule review related to Texas Administrative Code, Title I, Part 5, Chapter I 17 entitled Mand.11nry Paper Recycling Program and puhlication of rclJUircd notice of the proposed rule review in the Tcxa'i Register. with a motion made hy Commissioner I nee and a second to appro\'e the motion made hy Commissioner Darby

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XVI. Consideration and possible ~•ction to appr01:e amendments to the Commission policies regarding contract procedures and approvals.

The Commission voted unanimously to apprme amendmenh to the Commission policies rq,wrd1ng contr.1ct procedures and approvals to comply With Senatc Bill 20 pa'>'>ed dunng the 84111 Legislati\e Session. \\llh a motion nmde oy Commi'>sumer lnce and .1 secund to apprme the motion mJde h) Commissiom:r Perr}.

XVII. Considcrution and possible action to adopt :t resolution authorizing the rccJucst for financing of a new rcc)·cling \'chicle through the Texas Public Finance Authority.

The Commission \'oted unanimnu-;ly to adopt the re~olut ion authori11ng the request for linanci ng of a ne\\ recyding truck through the Texas Pubhc Finance Autlwrity's M.1ster Lca~e Program. \\ ith a motiun matle hy Commb1>ioncr Perry and a ~econd to approve the motion made b} Conuui<>~ioner Nm .1k.

XVIII. Report from the Exccutin Director and executive stnff on facilities design, construction projects, facilities lensing, fucilities operntions, maintenance, energ) manugcmcnt and legislation.

Mr. Harvey Hilderbrun, Executive Director, introduce the new TFC Huh Coordinator Yolanda Strey to tlu: Commis~ion . fhcreafter. he pruvided mt update on SB 2004; Rep Geren. Rep Howard and Rep Cyrier have heen appointed hy Speaker Strau-;s. HB 2475 further arnem.b.lthe GO\ernment code to require the Facilities Conun i:-.sion to est.1hlish the center for :1lternative linance and procurement that \\ent into cflcct on Scptemhcr 1" . He also touched upon SB I 04H Texa~ Government Code to est.lhll',h procedure-; f(Jr th~.: procurement of Puhlic .md Pri\ ate Facilities and lnfr.tstructurl! (commonly kmmn as PJ's) and that 'I FC i~ currently going to po\t for a P3 Direcwr. In addition ~tuff ha1> had a numhl!r of meetings with Gmernor Staff. Lt. Governor Staff. Speakers Stalf anll \ariou~ Senate and Hou'>e Staff regarding the Capitol Complex Ma'>ter Plan. and Mr. Harvey Hihlerhran. Executi\e Dirc:ctor. would he lwppy to meet with an) Commis~ioner \\Ito \\ould lik.l! an update on these meeting1>. La~tly he presented the new TFC website.

XIX. Report on the Energy ;\lunagement and Wuter Conservation Program.

Mr. John Raff. Deputy Executive Dirl!ctor of Facilities Design ami Constru~:tion. informed the Commiso;inn th.tt the Energy Workgroup did not meet for the month of September.

XX. Report from the Chief Financial Ol'liccr on the monthly linnnciul report updute.

Mr. Bill Monroe. Chief Financial Oflicer. pwvided thl.! monthly linancial report including the agem:y forecast, operating expense report, year to date budget adjustments. cost recovery progmms results of operations. the re,enue forecast, and the linancialtransactions and appropriations not included in the operating hudget.

XXI. Monthly Status Report from the Director of Intcrmtl Audit.

a. Consideration and possible action to ~•ppro\'e the Internal Audit Plun fur Fiscal Yeur 2016.

11\e Commission voted unanimously to approve the Internal Audit Plan for Fi~cal Year 2016, with a motion nmdc hy Commissioner Darhy anc..l u second to approve the motion made hy Commis.,wncr Pl.!rry.

XXII. Considcrution and possible action to ~•pproYc a salary increase for the Executive Director.

The Commission voted unanimously to approve the salary increase for the Exccuti\e Director. with a motion made hy Commissioner Darhy and a second to appro\'e the motion made hy Commis~ioner I nee.

XXIII. Considerntion and possible action to approYe a settlement or Ron Stryhos, eta/. I'S. Gm•. Greg Abbot, /lou. Nathan Hecht, eta/ in their representative capacities; 53"1 District Court, Tra,·is County, Case No. D-1 -GN-00-001678.

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The Commission \'oted ummi rnously to au thori te the E:xecuti\'e Director to seulc the Rem Stl:\ !Jm , et crl. 1.1', GOI'. Greg A.bbot, Hon. Nmllan Hecht, eta! in their reprewnwtire capacilh· ~; 57>"1 District Court. Trm i~ Count), Ca~e No. D-1-GN-00-00 1678, up to an amount of S5H.OOO,OO wi th a motion made hj Commi~~ioner Darb} and a second to approve the motion made h) Conunissioncr Perry.

XXIV. Upd;~tc on Koltoll, Robin 1'. TFC.

No action was tukcn on this a!.!enda item. . ~

XXV. Recess into CLOSED session, if necessary, pursuant to Tc:\:as Go\·ernmcnt Code Chuptcr 551 for the following purposes:

a. ()ending and potential litigation, Section 551.071. h. The appointment, employment, cvahJ:ltion, reassignment, duties, discipline, or dismissal of

the Executhc Director and cxccuth·e munagcmcnt stuff, Section 551.07-t The duties, roles, nnd responsibilities us Commissioners of the Texas Facilities Commission, Section 551.07-t

c. The deliberation regarding purchusc, cxchungc, lease, or value of real property, Section 551.072.

d. All matters identified in this agcndu where the commission votes unanimously that dcliherution in an open meeting of business und linanciul issues rcluting to a contruct being negotiated would hm·e a detrimental effect of the position ol' the State in negotiations with a third person and in which the Generul Counsel has issued a detcrminution in writing, Section 551.0726.

c. Any matters identified in this agcnd:1 where the Commissioners seck the ad\·ice of their attorney, Section 551.071.

Chair Rcinhcck recc~scd the meeting 1t1 c;omenc in Exccuth·c Session .1t II :50.tm.

XVI. Rccon\'Cne in open meeting and consider uction on matters discussed in Ext!cutivc Session.

Chair Rcinht:t:k recom encllthc meeting m 12: 15 p.m. <lnd the Conumssion \ 'Oli.!d on Agenda llcm XXII and XXIII.

XVII. Adjournment.

Chuir Rcinhcc k adjoum:d the meeting at 12:19 p.m.

Re\ie\\cd and Submitted:

Appro\·ed by the Commission on October 21,2015.

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