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2021 09 27 BAWA MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY September 27, 2021 The Board of Directors of the Baytown Area Water Authority (BAWA) met in a Regular Meeting on Monday, September 27, 2021, 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 Brandon Benoit Director Nick Woolery Presiding Manager Karen Horner General Counsel Angela Jackson Assistant Secretary President Brenda Bradley Smith convened the September 27, 2021, BAWA Board Regular Meeting with a quorum present at 4:30 P.M., all members were present. 1. MINUTES a. Consider approving the minutes of the Baytown Area Water Authority Regular Meeting held on August 18, 2021. A motion was made by Vice President Mike Wilson and seconded by Secretary Frank McKay III, to approve the minutes of the BAWA Regular Meeting held on August 18, 2021, as submitted. The vote was as follows: Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank McKay III, and Director Brandon Benoit Nays: None Approved 2. ELECTION OF OFFICERS a. Consider the election of officers for President, Vice President, and Secretary; and the appointment of an Assistant Secretary. A motion was made by Director Brandon Benoit, and seconded by Secretary Frank McKay III, to elect the same slate of officers, in the form of Brenda Bradley Smith as President, Mike Wilson as Vice President, Frank McKay III as Secretary, and the City Clerk as Assistant Secretary for a term of one year to commence immediately and expire on August 31, 2022. The vote was as follows: BAWA Board Regular Meeting Minutes September 27, 2021 Page 2 of 5 Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank McKay III, and Director Brandon Benoit Nays: None Approved 3. BAWA 6 MGD SURFACE WATER TREATMENT PLANT a. Consider a resolution authorizing Change Order No. 13 with Pepper Lawson Waterworks, LLC, for the BAWA 6 MGD Surface Water Treatment Plant. Assistant Director of Public Works and Engineering Andrea Brinkley noted that this would be the last Change Order that they will be approving for the contract with Pepper Lawson Waterworks, LLC, with whom they built a good relationship with and they provided a good product. The summary of the items included in Change Order No. 13, were as follows: 1) Comply with the wind load requirements since those requirements were changed by Chambers County during the design and plan approval process; 2) Cost for 15 temporary doors, frames and hardware provided by the contractor to protect the electrical gear that was housed within these buildings from weather elements as there was a time delay in providing clarifications to the door and hardware schedule; and 3) Cost of temporary power provided by the contractor through generators until pennanent power was delivered, which is due to a 10-month delay in acquiring easement to get the property available for CenterPoint to build their power facilities to the site. Ms. Brinkley noted that the costs that were reviewed by Staff and negotiated with the contractor have been reviewed by two consultants, both from a legal standpoint and from a practical standpoint. There have been some parallel estimates that have been provided. She then provided a breakdown of the total amount of the Change Order; Item Number 1 was $27,460.26, Item number 2 was $19,259.38 and Item number 3 was $330,291.27, which brings the grand total of the change order to $377,010.91. Ms. Brinkley informed the Board that staff recommended approval of the resolution. A motion was made by Vice President Mike Wilson and seconded by Director Brandon Benoit approving Resolution No. 2021-18, related to Item 3.a. However, there was a brief discussion prior to the vote in regards to the temporary doors and if they could be repurposed, as well to the cost of the temporary power that was provided by the Contractor and if that was comparable to what we would have had to pay CenterPoint for electricity, which Ms. Brinkley noted that the consultants found it was a reasonable amount. The vote for the motion on the table was as follows: Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank McKay III, and Director Brandon Benoit Nays: None Approved RESOLUTION NO. 2021-18 BAWA Board Regular Meeting Minutes September 27, 2021 Page 3 of 5 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY AUTHORIZING CHANGE ORDER NO. 13 WITH PEPPER LAWSON WATERWORKS, LLC, FOR THE BAWA 6 MGD SURFACE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF THREE HUNDRED SEVENTY-SEVEN THOUSAND TEN AND 91/100 DOLLARS ($377,010.91); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing acceptance and release of retainage to Pepper Lawson Waterworks, LLC, for the BAWA 6 MGD Surface Water Treatment Plant. Assistant Director of Public Works and Engineering Andrea Brinkley noted that this resolution was a major milestone, and represented the acceptance for which the Engineer has written their recommendation to accept the project. She stated that the payment included the amount of the Change Order that they just previously approved, and the release of retainage, which for a project this large, they typically hold a 5% retainage, but there was a net reduction on the project of overall costs from the original estimate. Ms. Brinkley further noted that the contract time was not extended either and was maintained at the estimated 1,095 days. There is still work that they would do to report if anything is needed on future studies and a few items on the design side with TCEQ, which their equipment still required one more draft report to be sent to TCEQ. Nonetheless, she informed the Board that all of the construction that is summarized on this item is complete and in working order. A motion was made by Vice President Mike Wilson and seconded by Secretary Frank McKay III, approving Resolution No. 2021-19, related to Item 3.b. The vote was as follows: Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank McKay III, and Director Brandon Benoit Nays: None Approved RESOLUTION NO. 2021-19 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY ACCEPTING THE BAYTOWN AREA WATER AUTHORITY 6 MOD SURFACE WATER TREATMENT PLANT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWO MILLION EIGHT BAWA Board Regular Meeting Minutes September 27, 2021 Page 4 of 5 HUNDRED SIXTY-THREE THOUSAND FOUR HUNDRED TWENTY- THREE AND 58/100 DOLLARS ($2,863,423.58) TO PEPPER LAWSON WATERWORKS, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. BAWA RAW WATER PUMPS REHABILITATION PROJECT a. Consider a resolution authorizing a professional services agreement with Ardurra Group, LLC, for the Baytown Area Water Authority Raw Water Pumps Rehabilitation Project. Assistant Director of Public Works and Engineering Andrea Brinkley noted that they were embarking on another capital improvement for the system and that Staff did advertise for Request for Qualifications for this project, for which they received qualifications from a total of five (5) qualified fines that had done this sort of work of this capacity and this size of a facility; however, they wanted to bring forward the Ardurra Group, whom they believe is the most qualified fine. Ms. Brinkley proceeded to describe the various components of the project as well as the associated costs, which is funded in the current budget, and indicated that the contractor would be moving forward fairly quickly within the next ten (10) days to start the project and get going on the design. A motion was made by Vice President Mike Wilson and seconded by Director Brandon Benoit, approving Resolution No. 2021-20, related to Item 4.a. The vote was as follows: Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank McKay III, and Director Brandon Benoit Nays: None Approved RESOLUTION NO. 2021-20 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY AUTHORIZING THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, LLC, FOR THE BAYTOWN AREA WATER AUTHORITY RAW WATER PUMPS REHABILITATION PROJECT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED EIGHTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 06/100 DOLLARS ($789,170.06); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. EXECUTIVE SESSION BAWA Board Regular Meeting Minutes September 27, 2021 Page 5 of 5 a. Recess into and conduct an executive session pursuant to Sections 551.071 of the Texas Government Code to seek the advice of the Authority's attorneys on legal matters related to the Baytown Area Water Authority East District Water Treatment Plant. At 4:47 P.M., President Brenda Bradley Smith recessed into and conducted an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the Authority's attorneys on legal matters related to the Baytown Area Water Authority East District Water Treatment Plant. At 5:13 P.M., President Bradley Smith reconvened the open meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the executive session. 6. MANAGER'S REPORT a. The next Baytown Area Water Authority meeting is scheduled for Wednesday, October 27, 2021, at 4:30 p.m., in the Council Chamber located at City Hall, 2401 Market Street, Baytown, Texas 77520. Presiding Manager Nick Woolery thanked the Staff, both in Public Works and Engineering and Finance, for their management on the BAWA East District Water Treatment Plant Project, which is the largest project the City and BAWA have undertaken in its history. He also thanked the BAWA Board Members for their vision and oversight throughout the Project. He announced that the next Baytown Area Water Authority Meeting is scheduled for Wednesday, October 27th, however, they are proposing for their next meeting to be held at the BAWA East District Water Treatment Plant earlier in the day so they can provide them a tour of the facility and noted that Ms. Jackson will be reaching out to them to coordinate a date and time. 5. ADJOURN A motion was made by Secretary Frank McKay III and seconded by Vice President Mike Wilson to adjourn the September 27, 2021, BAWA Board Regular Meeting at 5:16 P.M. The vote was as follows: Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank McKay III, and Director Brandon Benoit Nays: None ui Approved Angela Jatikson, Assistant City of Baytown