2023 01 18 BAWA MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN AREA WATER AUTHORITY
January 18, 2023
The Board of Directors of the Baytown Area Water Authority (BAWA) met in a Regular Meeting on
January 18, 2023, at 4:32 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Brenda Bradley Smith President
Frank McKay III Secretary
Jimmy Smith Director
Alyssa Linares Director
Brant Gary Assistant General Manager
Scott Lemond General Counsel
Raquel Martinez Deputy Assistant Secretary
President Brenda Bradley Smith convened the January 18, 2023, BAWA Board Regular Meeting with a
quorum present at 4:32 P.M., all members were present with the exception of Vice President Mike
Wilson, who was absent.
1. MINUTES
a. Consider approving the minutes of the Baytown Area Water Authority Regular Meeting
held on September 21, 2022.
A motion was made by Director Jimmy Smith, and seconded by Secretary Frank McKay III to approve
the minutes of the Baytown Area Water Authority Regular Meeting held on September 21, 2022, as
submitted. The vote was as follows:
Ayes: President Brenda Bradley Smith, Secretary Frank McKay III, Director Jimmy Smith,
Director Alyssa Linares
Nays: None
Other: Vice President Mike Wilson (Absent)
Approved
2. TRAINING
a. Receive training regarding the Texas Open Meetings Act and Public Information Act, and
provide an overview of the Baytown Area Water Authority's Rules of Procedure.
BAWA Board Regular Meeting Minutes
January 18, 2023
Page 2 of 7
General Counsel Scott Lemond stated that Assistant General Counsel Jerris Mapes was not available to
present item 2.a. and as such this item will be deferred to the next meeting.
3. PROPOSED RESOLUTIONS
a. Consider a resolution determining the alternative delivery method for the construction of
the BAWA East Surface Water Treatment Plant Expansion Project and authorizing the issuance
of Requests for Qualifications and Requests for Proposals for design -build services.
Director of Public Works and Engineering Frank Simoneaux presented agenda item 3.a. and stated that
the Texas Government Code provides that if the governmental entity considers a construction contract
using a construction method authorized by Chapter 2269 other than competitive bidding, the governing
body must formally select the method which provides the best value to governmental entity, as such
Resolution No. 2023-01 authorizes the issuance of Requests for Qualifications and a Requests for
Proposals for Design -Build services. Further, Mr. Simoneaux presented a recap of the power point
presentation that was presented to the Board at their September 21, 2022 BAWA meeting and offered
any questions from the Board.
Secretary McKay asked how the Progressive Design -Build ("PDB") delivery method fair cost -wise in a
rising market that they were currently in and Mr. Simoneaux responded that you can lock in your price
earlier with PDB services and, that in turn, gives us more price certainty because overall all the market is
still rising and he does not foresee that changing any time soon. Therefore, the sooner a price can be
locked in, the better.
Director Jimmy Smith questioned who would oversee the project under the Construction Management at
Risk (CMAR") and Mr. Simoneaux responded that the City still manages the project and that the
construction manager operates as an advisor and that we rely on the engineer and the construction
manager and that the construction manager can either self -perform such as do the work themselves, or
bid out the work to have others construct it.
A motion was made by Director Jimmy Smith, and seconded by Director Alyssa Linares to approve
Resolution No. 2023-01, related to Item 3.a. The vote was as follows:
Ayes: President Brenda Bradley Smith, Secretary Frank McKay III, Director Jimmy Smith,
Director Alyssa Linares
Nays: None
Other: Vice President Mike Wilson (Absent)
Approved
RESOLUTION NO. 2023-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY SELECTING THE ALTERNATIVE DELIVERY METHOD
BAWA Board Regular Meeting Minutes
January 18, 2023
Page 3 of 7
THAT WILL YIELD THE BEST VALUE TO THE BAYTOWN AREA WATER
AUTHORITY FOR THE CONSTRUCTION OF THE BAWA EAST SURFACE
WATER TREATMENT PLANT EXPANSION PROJECT; AUTHORIZING THE
ISSUANCE OF REQUESTS FOR QUALIFICATIONS AND REQUESTS FOR
PROPOSALS FOR DESIGN -BUILD SERVICES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider a resolution authorizing a water supply agreement with Lake Municipal Utility
District.
Assistant Director for Public Works/Utilities Sterling Beaver presented agenda item 3.b. and stated that
Resolution No. 2023-02 authorizes a Water Supply Agreement with Lake Municipal Utility District (the
"District") for BAWA to provide a maximum amount of 0.855 million gallons per day (MGD) of treated
water to the District. Mr. Beaver further clarified that BAWA is currently the provider of water to the
Lake Municipal Utility District; however, the previous contract was for 1000 MGD and this item is for
855 MGD in order to help conserve water capacity at the plants.
A motion was made by Secretary Frank McKay III, and seconded by Director Alyssa Linares to approve
Resolution No. 2023-021) related to Item 3.b. The vote was as follows:
Ayes: President Brenda Bradley Smith, Secretary Frank McKay III, Director Jimmy Smith,
Director Alyssa Linares
Nays: None
Other: Vice President Mike Wilson (Absent)
Approved
RESOLUTION NO. 2023-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY AUTHORIZING A WATER SUPPLY CONTRACT —
TREATED WATER WITH LAKE MUNICIPAL UTILITY DISTRICT, SUBJECT TO
THE APPROVAL OF THE CITY OF HOUSTON AND THE CITY OF BAYTOWN;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider a resolution awarding the Annual Liquid Ferric Chloride Contract to PVS
Technologies, Inc.
Baytown Area Water Authority Superintendent Michael Gay presented agenda item 3.c. and stated that
Resolution No. 2023-03 approves the Annual Liquid Ferric Chloride Contract to the lowest bidder, PVS
Technologies, Inc., in the amount of $1,416,000.00; and that this product is used in the coagulation
process at the BAWA Surface Water Treatment Plant and the BAWA East Water Treatment Plant.
BAWA Board Regular Meeting Minutes
January 18, 2023
Page 4 of 7
Secretary Frank McKay asked the price for the previous Liquid Ferric Chloride contract so that he could
see a price comparison, and Mr. Gay responded $892,800, and explained that this is due to price
increases in the market.
A motion was made by Director Jimmy Smith, and seconded by Secretary Frank McKay III to approve
Resolution No. 2023-03, related to Item 3.c. The vote was as follows:
Ayes: President Brenda Bradley Smith, Secretary Frank McKay III, Director Jimmy Smith,
Director Alyssa Linares
Nays: None
Other: Vice President Mike Wilson (Absent)
Approved
RESOLUTION NO. 2023-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY ACCEPTING THE BID OF PVS TECHNOLOGIES, INC.,
FOR THE ANNUAL LIQUID FERRIC CHLORIDE CONTRACT AND
AUTHORIZING PAYMENT BY THE BAYTOWN AREA WATER AUTHORITY IN
THE AMOUNT OF ONE MILLION FOUR HUNDRED SIXTEEN THOUSAND AND
NO/100 DOLLARS ($1,416,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider a resolution awarding the Annual Liquid Hydrofluorosilicic Acid Contract to
Univar Solutions USA, Inc.
Baytown Area Water Authority Superintendent Michael Gay presented agenda item 3.d. and stated that
Resolution No. 2023-04 approves the Annual Liquid Hydrofluorosilicic Acid Contract to the lowest
bidder, Univar Solutions USA, Inc., in the amount of $71,636.25; and that this product is primarily used
to protect the dental health of adults and children by helping to rebuild and strengthen tooth enamel.
A motion was made by Secretary Frank McKay III, and seconded by Director Alyssa Linares to approve
Resolution No. 2023-049 related to Item 3.d. The vote was as follows:
Ayes: President Brenda Bradley Smith, Secretary Frank McKay III, Director Jimmy Smith,
Director Alyssa Linares
Nays: None
Other: Vice President Mike Wilson (Absent)
Approved
BAWA Board Regular Meeting Minutes
January 18, 2023
Page 5 of 7
RESOLUTION NO. 2023-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY ACCEPTING THE BID OF UNIVAR SOLUTIONS USA,
INC., FOR THE ANNUAL LIQUID HYDROFLUOROSILICIC ACID CONTRACT
AND AUTHORIZING PAYMENT BY THE BAYTOWN AREA WATER
AUTHORITY IN THE AMOUNT OF SEVENTY-ONE THOUSAND SIX HUNDRED
THIRTY-SIX AND 25/100 DOLLARS ($71,636.25); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider a resolution awarding the Annual Sodium Hydroxide 25% and 50% Contract to
Univar Solutions USA, Inc.
Baytown Area Water Authority Superintendent Michael Gay presented agenda item 3.e. and stated that
Resolution No. 2023-05 approves the Annual Sodium Hydroxide 25% and 50% Contract to the lowest
bidder, Univar Solutions USA, Inc., in the amount of $297,538.00; and that this product is used for pH
control and to minimize corrosion.
A motion was made by Secretary Frank McKay III, and seconded by Director Jimmy Smith to approve
Resolution No. 2023-05, related to Item 3.e. The vote was as follows:
Ayes: President Brenda Bradley Smith, Secretary Frank McKay III, Director Jimmy Smith,
Director Alyssa Linares
Nays: None
Other: Vice President Mike Wilson (Absent)
Approved
RESOLUTION NO. 2023-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY ACCEPTING THE BID OF UNIVAR SOLUTIONS USA,
INC., FOR THE ANNUAL SODIUM HYDROXIDE 25% AND 50% CONTRACT
AND AUTHORIZING PAYMENT BY THE BAYTOWN AREA WATER
AUTHORITY IN THE AMOUNT OF TWO HUNDRED NINETY-SEVEN
THOUSAND FIVE HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS
($297,538.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
E Consider a resolution awarding the Annual Liquid Zinc Sodium Polyphosphate Contract
to Shannon Chemical Corporation.
Baytown Area Water Authority Superintendent Michael Gay presented agenda item 3.f. and stated that
Resolution No. 2023-06 approves the Annual Liquid Zinc Sodium Polyphosphate Contract to Shannon
BAWA Board Regular Meeting Minutes
January 18, 2023
Page 6 of 7
Chemical Corporation, in the amount of $377,882.70; and that bids were opened Monday, December 19,
2022, at 2:00 P.M., with Shannon Chemical Corporation, having the lowest bid.
Director Jimmy Smith questioned how the bid process worked and Mr. Gay responded that the
designated contractor coordinator sends out the information (bid packets), publishes the bid in the local
newspaper, and the bids are received and opened.
A motion was made by Director Jimmy Smith, and seconded by Secretary Frank McKay III to approve
Resolution No. 2023-06, related to Item 31. The vote was as follows:
Ayes: President Brenda Bradley Smith, Secretary Frank McKay III, Director Jimmy Smith,
Director Alyssa Linares
Nays: None
Other: Vice President Mike Wilson (Absent)
Approved
RESOLUTION NO. 2023-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY ACCEPTING THE BID OF SHANNON CHEMICAL
CORPORATION, FOR THE ANNUAL LIQUID ZINC SODIUM POLYPHOSPHATE
CONTRACT AND AUTHORIZING PAYMENT BY THE BAYTOWN AREA WATER
AUTHORITY IN THE AMOUNT OF THREE HUNDRED SEVENTY-SEVEN
THOUSAND EIGHT HUNDRED EIGHTY-TWO AND 70/100 DOLLARS
($377,882.70); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. REPORTS
a. Receive the Baytown Area Water Authority Quarterly Financial and Investment Reports
for the Quarter Ending September 30, 2022.
Chief Financial Officer Teresa McKenzie presented the Baytown Area Water Authority's Forth Quarter
Financial Report, for the quarter Ending September 30, 2022 and stated that the year ended at
$15,274,200. The Total Expenditures ended at 16,365,720, which left them with an ending Working
Capital of $2,705,630, which is a little less than last year due to bringing in less revenues and spending
more in expenditures this year. Capital Improvement Program ("CIP") is at $3,007,654 in revenues,
expenditures that are CIP related were at $1,792,001. Ending capital at $5,319,691 which was a little
over from last year by 1.1 Million and offered any questions from the Board.
Secretary Frank McKay asked Staff to clarify the line item for Revenue form WWIS and Ms. McKenzie
responded that it was a transfer from the water and sewer interest and savings fund.
BAWA Board Regular Meeting Minutes
January 18, 2023
Page 7 of 7
5. MANAGER'S REPORT
a. The next Baytown Area Water Authority meeting is scheduled for Wednesday, February
15, 2023, at 4:30 p.m., in the Council Chamber located at City Hall, 2401 Market Street, Baytown,
Texas 77520.
Interim Assistant City Manager Brant Gary introduced himself to the Board and stated that he was
recently appointed as Interim Assistant City Manager to help assist the City Mangers Office and by
extension he will serve Staff, Council and the Boards and Commissions. Further Mr. Gary introduced
Mr. Michael Leech as the new Assistant Director of Public Works for CIP projects, that replaced Ms.
Andrea Brinkley, and announced the next BAWA meeting which is scheduled for February 15, 2023, at
4:30 P.M., the Council Chamber.
6. ADJOURN
With there being no further business to discuss, President Bradley Smith adjourned the January 18,
2023, BAWA Board Regular Meeting at 5:03 P.M.
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