2023 04 05 BAWA Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN AREA WATER AUTHORITY
April 5, 2023
The Board of Directors of the Baytown Area Water Authority (BAWA) met in a Special Meeting
on April 5, 2023, at 4:31 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market
Street, Baytown, Texas with the following in attendance:
Brenda Bradley Smith
Mike Wilson
Frank McKay III
Jimmy Smith
Brant Gary
Scott Lemond
Raquel Martinez
President
Vice President
Secretary
Director
Interim Assistant General Manager
General Counsel
Deputy Assistant Secretary
President Brenda Bradley Smith convened the April 5, 2023, BAWA Board Special Meeting
with a quorum present at 4:31 P.M., all members were present with the exception of Director
Alyssa Linares, who was absent.
1. MINUTES
a. Consider approving the minutes of the Baytown Area Water Authority Regular
Meeting held on February 15, 2023.
A motion was made by Secretary Frank McKay III, and seconded by Vice President Mike
Wilson to approve the minutes of the Baytown Area Water Authority Regular Meeting held on
February 15, 2023.
Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank
McKay III, Director Jimmy Smith
Nays: None
Other: Director Alyssa Linares (Absent)
Approved
2. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing Change Order No. 3 with LEM Construction
Company, Inc., for the Baytown Area Water Authority's Fritz Lanham Water Treatment
Plant Filter Air Scour Improvements Project.
BAWA Board Special Meeting Minutes
Apri15, 2023
Page 2 of 5
Assistant Director of Public Works/Capital Improvement Projects Michael Leech presented item
2.a. and stated that Resolution No. 2023-07 authorizes Change Order No. 3 with LEM
Construction Company, Inc., for the Baytown Area Water Authority's Fritz Lanham Water
Treatment Plant Filter Air Scour Improvements Project, in the amount of $244,068.22. He
explained that the project was originally to install a new filter air scour backwash system and
replacement of the filter media. However, LEM Construction Company, Inc. encountered issues
with leaks related to valve failures in the process of rehabilitating the filter system at the BAWA
Fritz Lanham Water Treatment Plant. Mr. Leech further explained that the valves designated to
isolate the filters are failing to retain water from each filter while the work is being completed
and the inability to retain water from the filters has created an issue with the removal of the old
media and the installation of the new media. Both processes require the media to remain dry in
order for proper disposal and installation, thereby creating an additional cost to address this
issue.
Director Jimmy Smith requested pictures with any future items to help the Board have a better
understanding of the item(s) before their consideration and Mr. Leech agreed.
A motion was made by Vice President Mike Wilson, and seconded by Secretary Frank McKay
III to approve Resolution No. 2023-07, related to Item 2.a. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank
McKay III, Director Jimmy Smith
Nays: None
Other: Director Alyssa Linares (Absent)
Approved
RESOLUTION NO.2023-07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
AREA WATER AUTHORITY AUTHORIZING CHANGE ORDER NO.3
WITH LEM CONSTRUCTION COMPANY, INC., FOR THE BAYTOWN
AREA WATER AUTHORITY'S FRITZ LANHAM WATER TREATMENT
PLANT FILTER AIR SCOUR IMPROVEMENTS PROJECT IN THE
AMOUNT OF TWO HUNDRED FORTY-FOUR THOUSAND SIXTY-EIGHT
AND 22/100 DOLLARS ($244,068.22); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider a resolution authorizing Amendment No. 1 with Ardurra Group, Inc., for
the Baytown Area Water Authority Raw Water Pumps Rehabilitation Project.
Assistant Director of Public Works/Capital Improvement Projects Michael Leech presented item
2.b. and stated that Resolution No. 2023-08 authorizes Amendment No. 1 with Ardurra Group,
Inc., for the Baytown Area Water Authority Raw Water Pumps Rehabilitation Project, in the
BAWA Board Special Meeting Minutes
April 5, 2023
Page 3 of S
amount of $68,905.50, and further explained that this project has to do with Capital Project
(BAWA2103 Raw Water Rehabilitation) and the original scope of the project was to replace the
canal and forebay pump station and additionally replacement of the forebay liner. However,
during the design phase it was identified that the canal and forebay stations do not conform to the
geometrics standards as put forth by the Hydraulic Institute, and further explained that this
means that the flow will not respond appropriately in ideal situations. He noted this amendment
allows Ardurra ("the Contractor") and their subconsultants to assess the hydraulic conditions to
determine if this is having a negative impact on the pump performance which are downstream
from the canal and forebay.
Secretary Frank McKay III questioned if the monies requested is needed to explain what is going
on and Assistant Director for Public Works/Utilities Sterling Beaver stepped to the podium and
responded that there are long-term concerns with if the pumps will stay in performance at the
proper design performance in the long run. He noted that the consultant recommended that they
study this more in depth because it could result in a costly change order if discovered during the
construction of the project, and that if any modifications are needed to be made to the slab or the
structure, it would be made prior to the issuance of the construction award. Mr. McKay further
questioned if the slab had been there since original construction and Mr. Beaver responded that it
had but that it no longer meets the current standards. Director Jimmy Smith reiterated that he
would like to receive photos or schematics for future agenda items.
A motion was made by Director Jimmy Smith, and seconded by Vice President Mike Wilson to
approve Resolution No. 2023-08, related to Item 2.b. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Director Jimmy
Smith
Nays: None
Other: Secretary Frank McKay III (Abstain), Director Alyssa Linares (Absent)
Approved
RESOLUTION NO.2023-08
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
AREA WATER AUTHORITY AUTHORIZING THE FIRST AMENDMENT
TO THE PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA
GROUP, INC., FOR THE BAYTOWN AREA WATER AUTHORITY RAW
WATER PUMPS REHABILITATION PROJECT, SUBJECT TO THE
APPROVAL BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED
SIXTY-EIGHT THOUSAND NINE HUNDRED TWO AND 501100 DOLLARS
($68,902.50); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BAWA Board Special Meeting Minutes
April 5, 2023
Page 4 of S
C. Consider a resolution authorizing an agreement with KIT Professionals Inc., for a
Corrosion Inhibitor Demonstration Test.
Assistant Director for Public Works/Utilities Sterling Beaver pointed out that the Administration
Department notified the Board Members concerning some legal issues with the proposed
consultant's previous owner, and that a representative from the company is present if the Board
should have any specific questions.
Further Mr. Beaver stated that this proposed resolution authorizes an agreement with KIT
Professionals Inc., for a Corrosion Inhibitor Demonstration Test, in the amount of $59,900.00,
and further explained that the U.S. Environmental Protection Agency ("EPA") has updated
requirements to Lead and Copper control in public drinking water systems. These changes,
known as the Lead and Copper Rule Revisions specifically require corrosion inhibitors be
orthophosphate (i.e., unchained phosphate). The corrosion inhibitor currently being used at the
Baytown Area Water Authority's (BAWA's) water treatment plants is a polyphosphate (i.e.,
chained phosphate). BAWA's current corrosion inhibitor used will soon be incompatible with the
updated Lead and Copper Rule Revisions requirements after October 16, 2024. This new
requirement will require a treatment chemical change which will be subject to state regulatory
approval as it has the potential to impact distribution system water quality. BAWA requested that
KIT Professionals, Inc. perform Corrosion Inhibitor Testing and support services. The proposed
approach will examine and test system compatibility with multiple approved corrosion inhibitors
all of which will go through demonstration testing prior to final implementation and offered any
questions from the Board.
A motion was made by Vice President Mike Wilson, and seconded by Secretary Frank McKay
III to discuss agenda item 2.c.
Vice President Mike Wilson questioned the communication that the Board received from
Administration prior to the meeting and asked if Staff believed the proposed charges affect their
standing on using this company considering the accusations.
Secretary Frank McKay III expressed his concern with approving a contract for a company that
has been accused of doing something illegal. President Brenda Bradley Smith stated that the
individual pleaded guilty and has transferred ownership of the company to his wife and son, and
that the City of Houston pulled all of their contracts with this vendor. As such, Ms. Smith also
expressed her concerns with approving this item.
Mr. Wilson questioned what would happen if they did not approve this item and what would be
the next steps. Mr. Beaver responded that they did a general Request for Qualifications ("RFQ")
last year and they would engage with one of the other top scoring companies to perform this
work. Although it would be a delay, the testing should only take a few months, so they should
have enough time to meet the October 16, 2024, deadline.
Interim Assistant General Manager Brant Gary stated that Staff has discussed this item and
provided the information in full disclosure to the Board, and that they will seek an alternative
vendor if that was the desire of the Board.
BAWA Board Special Meeting Minutes
April 5, 2023
Page 5 of 5
The vote for the motion on the table was as follows:
Ayes: None
Nays: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank
McKay III, Director Jimmy Smith
Other: Director Alyssa Linares (Absent)
Failed
3. MANAGER'S REPORT
a. The next Baytown Area Water Authority meeting is scheduled for Wednesday,
April 19, 2023, at 4:30 p.m., in the Council Chamber located at City Hall, 2401 Market
Street, Baytown, Texas 77520.
Interim Assistant General Manager Brant Gary stated that the May meeting will be held earlier in
the month, and that Staff will be reaching out to the Board Members to poll for an alternate date.
Further, Mr. Gary stated that one item that will be brought before the Board at their May meeting
will be the Owner Advisor Services Agreement for the BAWA East Expansion Project, and once
that item is awarded, it will help us to establish the Design -Build, Requests for Qualifications
("RFQ"), or Requests for Proposal ("RFP") documents.
President Brenda Bradley Smith clarified to the Board that the BAWA regular meeting in April
will not be held, as they held this special meeting in its place, and Mr. Gary confirmed.
4. ADJOURN
A motion was made by Vice President Mike Wilson, and seconded by Director Jimmy Smith to
adjourn the April 5, 2023 BAWA Board Special Meeting at 4:49 P.M. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank
McKay III, Director Jimmy Smith
Nays: None
Other: Director Alyssa Linares (Absent)
Approved
Angela Jahkson, Assistant
City of Baytown
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