Loading...
2024 01 17 BAWA MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY January 17, 2024 The Board of Directors of the Baytown Area Water Authority (BAWA) met in a Regular Meeting on January 17, 2024, at 4:30 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 Mike Wilson Vice President Frank McKay III Secretary Jimmy Smith Director Alyssa Linares Director Brant Gary Assistant General Manager Scott Lemond General Counsel Angela Jackson Assistant Secretary President Brenda Bradley Smith convened the January 17, 2024, BAWA Board Regular Meeting with a quorum present at 4:35 P.M., all members were present. 1. CITIZEN COMMENTS President Brenda Bradley Smith announced no one signed up to speak. 2. MINUTES a. Consider approving the minutes of the Baytown Area Water Authority Regular Meeting held on October 18, 2023. A motion was made by Vice President Mike Wilson, and seconded by Director Alyssa Linares to approve the meeting minutes of the Baytown Area Water Authority Regular Meeting held on October 18, 2023, as submitted. The vote was as follows: Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank McKay III, Director Jimmy Smith, Director Alyssa Linares Nays: None Approved b. Consider approving the minutes of the Baytown Area Water Authority Regular Meeting held on November 15, 2023. BAWA Board Regular Meeting Minutes January 17, 2024 Page 2 of G A motion was made by Secretary Frank McKay III, and seconded by Director Alyssa Linares to approve the meeting minutes of the Baytown Area Water Authority Regular Meeting held on November 15, 2023, as submitted. The vote was as follows: Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank McKay III, Director Jimmy Smith, Director Alyssa Linares Nays: None Approved 3. PROPOSED RESOLUTION a. Consider a resolution authorizing the General Manager to negotiate and execute a Contingency Fee and Retainer Agreement with Frazer Law, PLC, and Ventura Law to perform legal services in connection with potential litigation regarding the presence of Polyfluoroalkyl substances (PFAS), including, but not limited to, PFOA and/or PFOS, in drinking water, wastewater and soil in the Baytown Area Water Authority's service area. General Counsel Scott Lemond presented Agenda Item 3.a and stated after the Board met it was discovered some required language was not included in the first notice. Therefore, this item has been revised and both are back before you. Mr. Lemond further stated that a similar item was presented to City Council and was approved. A motion was made by Vice President Mike Wilson, and seconded by Secretary Frank McKay III to approve Resolution No. 2024-01, related to Item 3.a. The vote was as follows: Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank McKay III, Director Jimmy Smith, Director Alyssa Linares Nays: None Approved RESOLUTION NO. 2024-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY AUTHORIZING THE GENERAL MANAGER TO NEGOTIATE AND EXECUTE A CONTINGENCY FEE AND RETAINER AGREEMENT WITH FRAZER LAW, PLC, AND VENTURA LAW TO PERFORM LEGAL SERVICES IN CONNECTION WITH POTENTIAL LITIGATION REGARDING THE PRESENCE OF POLYFLUOROALKYL SUBSTANCES (PFAS), INCLUDING, BUT NOT LIMITED TO, PFOA AND OR PFOS, IN DRINKING WATER, WASTEWATER AND SOIL IN THE BAYTOWN AREA WATER AUTHORITY'S PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REPORTS BAWA Board Regular Meeting Minutes January 17, 2024 Page 3 of 6 a. Receive the Baytown Area Water Authority Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2023. Controller and Assistant Finance Director Lianette Leon presented the Baytown Area Water Authority's Quarterly Financial and Investment Reports for the Fourth Quarter that ended September 30, 2023, as follows: RAT70W1,1 AREA WATER AU7NORNY IBAWAI P4rbdEnd27g Sep6enLe. 30, 2 3 Operating Fund U." Budge) CTAauel Relents, % "T l CMn,S Rs,wnum Wet -Sole, Ila'— S 13.491,632 S 16,466,818 S (2,975,187) 122% S 13.531,126 S "11:611 S BAWA Burge+ Retaned W.I., Saba -Our— $ 1.729.197 1694.670 34,527 98% 1,475.W1 2195E Sts.A5.+k07susL.iV Ineesernent Interest 1,W3 93640 (92.566) 8726% 5,W7 87.643 147% Tremler6em RAWAOPF 4,156357 (4.156.351) 0% 1700.890 1.455.467 Tre-fer 6om MIS 123158 123,258 1M 12).258 Total Revenues 15.Sjw22. 34.742 (d89. 3) 14 % 17.81042 42 3.695 00 E"recasre Personnel Sers. 2.040,060 1M5 242 97,810 95% t )20,10 230.WS Supproe 5,976.714 3.912,807 2,063,%7 65% s"8,723 11,135,9161 Meuluoento 494.021 48.0,3E 13.621 97% 'v06.036 (2607) BAWA Budget Spent Sevres 1,864,222 1,242,531 621,691 67% 878.335 311'6 n6,bv7,749rsR3m.797 Capful Our, 226,458 (30,877) 257,335 14% O:,7') 80% Inurlund Tumler 5,833.2% 5.833,294 0 ID096 7,761.705 (1920.411) Conurgendes 250.00D 0% Told Eependiturm 16.692.70 13,388,377 30Sa3 2 am 16.31S.747 12,92 50) Net CMnge LL341.6091 9,146,345 1520.595 Beg. Warbrg Capul 23W.267 (1,583.007) 1.116630 Working Capul S 1,251,658 $ 7.563,338 S 2.6W.225 AN,Ending Capful Improvement Program CYm PY �pJy4 V/ Butlgn C Aetuel 3e4nm % nAcwsl C n,eS Ra en In., Is. S am S 50.025 E 145,825) lam 8.122 $ 42.703 Secant, lypc eaurrce ErsnusSs Rermue Derr+BAWAOp , Teepee, S 0133.605 S 141,4M FuM $ 1.000.000 S Talau, 00 S 0 100% E 3,000." S a000.0001 Tool R—nues 1.005,000 1,0 B2 (B2) 1 % Taut T.9 391 E'rrdium BAWA CIP lrrr,, n S 6,937,296 4,206,289 2,731,007 61% 2,700,890 1.505.3E Net C6s ,e (S,932,293) (3,155,4641 W7,232 He"Wohmg Captd 5,M.297 4662,854 4,15S.U2 Ending Wehirrg Ceplel S S 1,307,3E $ 4,462.05 t Additionally, Ms. Leon stated that these figures are not audited yet, as they have not completed the single audit for Fiscal Year 2023. Secretary Frank McKay III questioned why the water sells were much higher and Ms. Leon responded that the Governmental Accounting Standards Board (GASB) fees are applied at the end of the fourth quarter, along with any other accounting principles to end the fiscal year. Therefore, this is actual revenue total. Vice President Mike Wilson questioned when and who would be conducting an audit and Ms. Leon responded that Belt Harris Pechacek, LLLP would be conducting the audit and that the audit is currently ongoing. BAWA Board Regular Meeting Minutes January 17, 2024 Page 4 of G b. Receive a report on the status of the Baytown Area Water Authority East Expansion Project. Public Works and Engineering Director Frank Simoneaux presented the status report for the Baytown Area Water Authority East Plant Expansion Project and highlighted the Request for Qualifications (RFQ), timing and capacity issues, procurement options and the tentative schedule. See attached report as Exhibit "A". Mr. Simoneaux stated that we received three Requests for Qualifications ("RFQ"). However, Flintco Industrial was disqualified due to not submitting the required documentation. Vice President Mike Wilson asked if these companies have done any projects with the City of Baytown or the Baytown Area Water Authority, and Mr. Simoneaux responded that we have approved contracts with both of the Engineering Firms (Ardurra & Carollo), but we have not with either of the contractors (Burns & McDonnell & Baytown Waterworks Partners). However, both companies are qualified and have a reputable reputation, and Staff has confidence that either team could move forward and complete the project successfully. Further Mr. Simoneaux explained the need to continue with the Progressive Design -Build ("PDB") delivery method with Texas Water Development Board State Water Implementation Fund for Texas ("TWDB SWIFT") Funding, due to recent events that have increased the need for additional million gallons per day ("MGD") capacity, which therefore, also affects the urgency to move the timeline of the project. Director Alyssa Linares questioned if the Niagra Bottling Company would need to request an increase and Mr. Simoneaux responded that they are not aware of any future expansions for them and if they did request an increase, it would have to be delayed until after the expansion project is complete. Secretary Frank McKay III questioned the amount that BAWA currently delivers and the amount that elevated tanks can hold on hand and Mr. Simoneaux responded that the daily average runs about 14 MGD, but that during a freeze they receive their peak usages, which the freeze of 2022 they reached over 30 MGD. Also, the above ground storage tanks hold a combined total of approximately 16 MGD. However, in the event of a freeze these tanks could be frozen and inoperable. Assistant General Manager Brant Gary voiced his favor of the Progressive Design Bid -Built compared to the Design Bid -Build process, due to the uncertainty with the Design Bid -Build process. Vice President Mike Wilson questioned additional explanation of what are the TWDB SWIFT funds are and Mr. Simoneaux explained that its state funding issued by the TWDB agency which has certain requirements such as being a part of the State Water Plan, which we would have to join in that program in order to receive the funding. Mr. Simoneaux reiterated that this program is a loan, but that the interest rate is lower than the market rate. BAWA Board Regular Meeting Minutes January 17, 2024 Page 5 of 6 Ms. Lindsay Kovar, Senior Project Manager with BGE, Inc. (Owner's Advisor) stepped to the podium and provided further information by stating that several years ago Proposition Six moved money out of the Rainy -Day Fund for Water Infrastructure Projects and that the State makes money from these loans and they in turn are able to fund more projects. The program has reporting requirements and environment clearance is required prior to construction, and you are required to use American iron and steel. Also, because it's a state program, and not a federal program, it has less requirements than the programs offered on the Federal level. The main benefit of the TWDB SWIFT program is the low interest rate loans. Mr. Simoneaux noted that Staff has started the process for applying for the Texas Water Plan and that they went to a board meeting and they received approval to submit a plan. An Engineer has been hired to prepare the amendment, and it will take the consultant approximately 6 months to prepare the amendment. However, the problem is that the that plan is only updated once a year in December, so they will not be able to submit until the next amendment session, and only then can you can apply for funding. Secretary Frank McKay III questioned if the expansion projects will address the lawsuit that is ongoing concerning potential contaminants to which Mr. Simoneaux stated the expansion is intended to use the same technology that we currently have with the exception of a few tweaks. We currently do not have direction from the EPA or TCEQ on how to proceed at this point. 5. MANAGER'S REPORT a. The next Baytown Area Water Authority meeting is scheduled for Wednesday, February 21, 2024, at 4:30 p.m., in the Council Chamber located at City Hall, 2401 Market Street, Baytown, Texas 77520. Assistant General Manager Brant Gary presented the Managers Report by stating the next BAWA meeting is scheduled for Wednesday, February 21, 2024, at 4:30 P.M., in the Council Chamber. Mr. Gary commended the Public Works Staff for their response related to the recent freeze event, and for the most part it was a non-event. During the freeze, the peak demand was at 27 MGD, with one minor issue at both plants that was resolved in a relatively short amount of time. As the demand increased, the Public Works Staff went out and surveyed for leaks and there were five leaks on the City side. With all of this in mind staff handled the situation well and overall there was a huge advance in the response from the last freeze that we encountered with Winter Storm Uri, and offered any questions from the Board. Director Alyssa Linares questioned the specifics of the issues at the plants and Mr. Gary responded that there was a valve issue at the East Plant and a clog at the chlorine injector at the main plant, which are minor maintenance items that could occur on a normal operational day. They were fixed relatively quickly. Secretary Frank McKay III questioned that during Uri there was some tanks that were left exposed to the elements which caused an issue and Mr. Simoneaux responded that insulated Teflar covers were installed to cover the tanks and that they worked relatively well with this recent freeze event. Additionally, another change that was implemented is that the power at the plant is turned over to generator power, and that actually helps the electrical company with peak demand times, and it also helps avoid equipment failure due to the constant power surges during an extreme freeze event. BAWA Board Regular Meeting Minutes January 17, 2024 Page 6 of 6 Mr. Gary also noted that staff will soon be looking for a credit from the electrical company for operating generators at peak times, and that they are also looking at their electrical supply contact renewal in the near future, as well as testing their generators in the process. Lastly, President Brenda Bradley Smith questioned about a poll for a special meeting and Finance Director, Teresa McKenzie responded that Staff is looking to hold a special BAWA meeting on February 7, 2024 at 4:30 P.M., to present the financial audit report for fiscal year 2023. 6. ADJOURN A motion was made by Vice President Mike Wilson, and seconded by Director Alyssa Linares to adjourn the January 17, 2024, Baytown Area Water Authority Board Regular Meeting at 5:21 P.M. The vote was as follows: Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank McKay III, Director Jimmy Smith, Director Alyssa Linares Nays: None Approved Angela JAbkson, Assistant City of Baytown BAWA Board Regular Meeting Minutes January 17, 2024 Page 7of12 Exhibit A — Item 4.a. Baytown Area Water Authority East Expansion Project Status Report BAWA East Water Plant Progress Report BAWA Board Meeting January 17, 2024 left BAWA East SWTP Phase 2 Expansion — Agenda • RFQ Update -Timing and Capacity Issues • Procurement Options -Tentative Schedule BAWA Board Regular Meeting Minutes January 17, 2024 Page 8 of 12 RFQ Submissions • Burns & McDonnell (w/Ardurra) • Baytown Waterworks Partners (McCarthy & Carollo) • Flintco Industrial (w/UA) Contract Water Summary Total Capadty City of Baytown ACR Begvimment C08 coovatt fl q cement tot 1 c08 Reg irement BAWA aMt cO".nn,r Reav6emwn total Capx�ry ReAwrempat 31.828 31.878 2022 Uwtlty 2023 UpadW (MGD) (MGD) 18.451 19.790 6911 8 211 25.362 21.00t 31.878 31.878 32.838 31128 31.878 32.838 Upadty 2025C Oacty 2026CapatlN 2032 2028 2029 IGO) (MGD) (MGD) Capiehy JMGD) Upatlty (MGD) Upadw IM00) MM A6 20345 A 20.610 20.838 21.149 tl Sll 8813 813 9.127 9.IP 3 2860 i916 A2 30M 3G.28 28.145 30.639 31158 3133 1,239 0.619 11315- 32.028 M M3 32.925 33.156 0.363 0.2M -0465 1Oa7 .1.318 BAWA Board Regular Meeting Minutes MarketrWOB Market Bonds $10,000.000 $7.344,000 TWOS $80,513.000 $52,270,000 $50,000 $41,00(1 $52,361,000 November 2027r • Single contract; single point of responsibility • Performance based • May allow for early equipment delivery • Cost and schedule certainty. Market Only Market Bonds $10,000,000 $7,344,000 Market Bonds $88,710,000 $57,715.000 $57,715,000 October 2027 • Single contract; single point of responsibility • Performance based • Quickest potential delivery • Cost and schedule certainty. • More complicated contract. • More complicated contract. • Cannot accelerate construction due to environmental review. • Proposers may not accept revised schedule or may add additional costs to accommodate delays. 1. Assume 25 year. 5% Interest gate JNot provided by FA) 2. Assumes long lead procurement occurs during environmental review and environmental review paralleling application. 3. Allows for escalation. Recommendation • Progressive Design Build with TWDB SWIFT Funding • Progressive Design Build provides the quickest possible timeline for completion. Schedule is critical due to the water needs. TWDB provides the cheapest cost alternative for financing. 1 BBlrt January 17, 2024 Page 9 of 12 MarkeVMDB Market Bonds $10,000,D00 $7,344,000 TVVDB $72,500,000 — $76,500,0001 $47,000,000 — 549,700,DOO $50,000 $41,000 $47,091,000 - $49,792,000 April 2028 More traditional method. • Potential cost savings due to competitive low bid approach. • Cost and schedule uncertainty. • Multiple contracts and points of responsibilities. • Omer 'owns! performance Issues. BAWA Board Regular Meeting Minutes Reference Slides Tentative RFQ and RFP Schedule RFQ Kick-off Info Meeting ,i Approximately 20 people attended. 2) 13 companies were represented. 3) 30 Minute Informational meeting and site tour 2) Submit SOO J) SOO Evaluation and Short-list Selection 4) Issue RFP 5) Pre -Proposal Meeting/Confidential Meetings (week) 6) Submit Proposal 7) Interviews (week, if required) e) Selection Notification October 31, 2023 December 14, 2023 January 12, 2024 January 30, 2024 February 19, 2024 April 24, 2024 May 20, 2024 May 31, 2024 January 17, 2024 Page 10 of 12 BAWA Board Regular Meeting Minutes January 17, 2024 Page 11 of 12 TWDB Funding • TWDB SWIFT Funding • Low Interest Loan (Up to 25%Subsidize) • Must be In the state water plan • TWDB requires environmental clearance prior to construction • TWDB Schedule • Amend State Water Plan — 6 months (February 2024 — August 2024) • Submit abridged application for SWIFT Funding (February 2025) • Submit full application for SWIFT Funding (July 2025) • Sign agreement for funding (September — October 2025) • Receive funding (November— December 2025) • Submit Environmental Report for Review (December 2025—June 2026) • Procurement Options • Would BAWA want to continue to pursue Progressive Design -Build (PDB) with a possible delayed construction schedule? Accelerated construction is a benefit of PDB that may not be fully realized. • BGE put together a matrix of procurement options attached that outline some of the costs and benefits of each option. Design Request Items • Additional Forebay and/or Bypass --__ • Meter Station Bypass- • Increased Pump Capacity of LLPS I d• �„ j • Additional Sludge Lagoon(s) i • Add/Expand Chemical Bulk Tanks • New CT Study • Improved Access to Chemical Lines 4 ` Additional Ground Storage Tank • Add'16MGDTreatment Capacity (Flocc, Sedimentation, Filtration, Backwash, etc.) • In -House Service & Programming Ability • Maintenance Building & Equip Storage 1 _ - - I ) •—� ` i • Additional Lavatories for Staff • Winterization/Windproof Pump Stations • Pipe & Pump Coatings • Resolve Electrical Issues w/Motors ;I ttlr 6 to 12 MGD Expansion �J O _ rr P ME _D s 51, yu„G 6 to 12 MGD Expansion BAWA Board Regular Meeting Minutes January 17, 2024 Page 12 of 12 6 to 12 MGD Expansion 5 — Rapid Mix Chamber 6 — SuperPulsator Basins 7 — Disinfection Basin B — Filters 9 —Transfer Pump Improvements 10 — Ground Storage Tank 11— HSPS Improvements 12 —Sludge Pump Improvements 13 — Backwash EQ Basin & Pumps 20 — Chemical Systems Upgrades 21— Maintenance Building 22/23 — Electrical Upgrades New Generator 6 to 12 MGD Exoansion 3 — New Forebay, 4 — LLPS Improvements 15 — New Sludge Lagoons 24 — Electrical Improvements