Apr 05, 2023 BAYTOWN AREA WATER AUTHORITY SPECIAL MEETING

A RESOLUTION AUTHORIZING CHANGE ORDER NUMBER THREE, WITH LIM CONSTRUCTION COMPANY, INCORPORATED FOR THE AUTHORITIES FRITZ LANAM WATER TREATMENT, PLANT FILTER, AIR SCOUR IMPROVEMENTS PROJECT.

OPPOSED? LIKE, SIGNED MOTION CARRIES UNANIMOUSLY.

NEXT, WE WILL CONSIDER

[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.]

UH, GOOD EVENING.

UH, MY NAME IS MICHAEL LEACH.

I'M THE ASSISTANT DIRECTOR OF THE PUBLIC WORKS DEPARTMENT OVER THE CAPITAL IMPROVEMENT PROGRAM.

UH, JUST WANTED TO STATE THAT FOR THE RECORD.

UH, THE CHANGE ORDER YOU HAVE BEFORE YOU IS ASSOCIATED WITH, UH, CAPITAL IMPROVEMENT PROJECT.

UH, THAT PROJECT IS KNOWN TO US IN THE C ON THE CIP TEAM AS BWA 1901 FILTER SCOUR IMPROVEMENTS.

UH, THE PROJECT IS AT THE FRITZ LEN, UH, TREATMENT PLANT.

UH, THE ORIGINAL SCOPE OF THE PRODUCT OF THE PROJECT WAS TO INSTALL, UH, NEW FILTER AIR SCOUR BACKWASH SYSTEM AND TO REPLACE THE EXISTING FILTER MEDIA, UH, BACKGROUND ON THE PROJECT A LITTLE MORE.

UH, DURING CONSTRUCTION, THE CONTRACTOR ENCOUNTERED SOME ISSUES.

UH, A LOT OF THOSE ISSUES HAD TO DO WITH, UH, LEAKS RELATING TO VALVE FAILURES.

ESSENTIALLY WHAT HAPPENED, UH, THE VALVES DID NOT SEAT PROPERLY AND THAT IMPACTED THE WORKING CONDITIONS.

SO, UH, ONE OF THE CHALLENGES IS YOU HAVE TO KEEP THE MEDIA DRY WHEN YOU INSTALL, REMOVE, AND INSTALL IT.

UH, SO DUE TO THE VALVE FAILURES, THEY WEREN'T NECESSARILY ABLE TO DO THAT PROPERLY.

UM, THIS RESULTED IN NATURALLY IN A CHANGE OF CONDITION AND INCREASE IN COST.

TO ADDRESS THE MATTER, UH, THERE ARE FOUR PRIMARY COMPONENTS TO THIS CHANGE ORDER.

UH, YOU CAN SEE THEM LISTED THERE, OF COURSE, I WON'T READ THEM.

UH, THE TOTAL IS $244,068 AND 22 CENTS.

AND, UH, WE ARE ASKING FOR THE COMMISSIONS CONSIDERATION OF THIS CHANGE ORDER THIS EVENING.

I HAVE, UH, ASSISTANT DIRECTOR STERLING BEAVER HERE AND DIRECTOR FRANK SIMINO TO ANSWER ANY, UH, TECHNICAL QUESTIONS YOU HAVE.

BUT I'LL DO MY BEST TO ADDRESS THEM MYSELF.

DO YOU HAVE ANY PICTURES? UH, NOT WITH THIS PRESENTATION, I'M AFRAID.

NO.

I, I WOULD ASK IN THE FUTURE IF JUST A COUPLE OF SNAPSHOTS WITH A LITTLE, YOU KNOW, JUST, JUST GIVE US AN IDEA OF WHAT WE'RE LOOKING AT.

UM, MAYBE TO HELP EXPLAIN IT TO SOME, SOME OF US A LITTLE BETTER.

HAPPY TO DO THAT.

MM-HMM .

DOES ANYONE ELSE HAVE A QUESTION OR DISCUSSION? LOOKS, LOOK, LOOKS NECESSARY FOR THE PROJECT.

I WOULD MOVE APPROVAL.

I HAVE A MOTION TO APPROVE.

SECOND.

A SECOND.

UM, QUESTIONS? HEARING NONE.

MOTION CARRIES UNANIMOUSLY.

OPPOSED? LIKE, SIGN.

CONSIDER A RESOLUTION AUTHORIZING AMENDMENT NUMBER ONE WITH OUR DRU GROUP INCORPORATED FOR THE AUTHORITIES RAW WATER PUMPS REHABILITATION PROJECT.

NEXT, WE WILL

[b. Consider a resolution authorizing Amendment No. 1 with Ardurra Group, Inc., for the Baytown Area Water Authority Raw Water Pumps Rehabilitation Project.]

GOOD EVENING AGAIN.

UM, THIS AMENDMENT PERTAINS TO CAPITAL PROJECT, UH, BAWA 2103 WA RAW WATER REHABILITATION.

SO, UM, THIS PROJECT IS ALSO ASSOCIATED WITH THE, UH, LINE FACILITY.

UM, IT HAS TO DO WITH, UH, RAW WATER PUMPS.

UH, THE ORIGINAL SCOPE OF THE PROJECT WAS TO REPLACE THE CANAL IN FOUR BAY, UH, AT THE PUMP STATIONS.

UH, THEY'RE AGING AND IN NEED OF, UH, GOOD LOOKING AT AND REPLACEMENTS.

UH, ALSO WE'RE LOOKING AT REPLACING THE FOUR BAY LINER WITH THIS PROJECT.

UH, DURING THE DESIGN IT WAS IDENTIFIED THAT THE CANAL AND FOUR BAY STATIONS DON'T EXACTLY CONFORM TO, UH, STANDARDS PUT FORTH BY THE HYDRAULIC INSTITUTE, UM, THEIR GEOMETRIC STANDARDS.

SO ESSENTIALLY WHAT THIS IS, IS THAT THE FLOWS DON'T NECESSARILY WORK IN AN IDEAL SITUATION.

THEY BELIEVE.

SO WHAT THIS AMENDMENT WILL DO WILL ALLOW OUR DURA AND THEIR, UH, SUB-CONSULTANT TO, UH, EXAMINE THE HYDRAULIC CONDITIONS THAT ARE OUT THERE TO DETERMINE IF THEY ARE HAVING A NEGATIVE IMPACT ON THE PUMP PERFORMANCE, WHICH IS DOWNSTREAM, OF COURSE, UH, OF THE CANAL AND FOUR BAY.

SO THAT'S REALLY THE ISSUE HERE, IS THAT WE'RE LOOKING TO DETERMINE WHAT MAY BE CAUSING PERFORMANCE ISSUES WITH SOME OF THE PUMP EQUIPMENT THAT'S

[00:05:01]

DOWNSTREAM.

UM, LET, LET'S GET A MOTION AND THEN WE CAN HAVE QUESTIONS IN DISCUSSION.

DO I HAVE A MOTION TO APPROVE? I'LL MAKE THE MOTION OF A MOTION A SECOND.

MOTION A SECOND.

QUESTIONS? DISCUSSION.

SO THIS 70,000 IS JUST TO FIGURE OUT WHAT'S GOING ON 'CAUSE WE DON'T UNDERSTAND IT.

I'LL LET, UH, I'LL ASK MR. BIEBERS TO ADDRESS THAT.

YEAH.

SO ESSENTIALLY, UM, THERE ARE, UH, VIBRATION AND, UM, LONG TERM CON CONCERNS ABOUT, YOU KNOW, WILL THE PUMP STAY PERFORMING AT A, AT THE PROPER DESIGN RATE AND DESIGN, UH, PERFORMANCE.

AND SO, UH, THE CONSULTANT RECOMMENDED THAT WE STUDY THIS, UM, LONGER, UH, MORE IN DEPTH BECAUSE WHAT'S MORE THAN LIKELY IS GONNA HAPPEN IS IF IT'S DETERMINED DURING CONSTRUCTION, IT'S GONNA RESULT IN A COSTLY CHANGE ORDER.

AND SO THEY'RE TRYING TO DETERMINE IF ANY MODIFICATIONS NEED TO BE MADE TO THE SLAB OR THE STRUCTURE PRIOR TO ISSUING THE, UM, NOTICE FOR CONSTRUCTION OR THE CONSTRUCTION AWARD.

AND SO THE, THE PART THAT THEY'RE TALKING ABOUT, THE HYDRAULICS PART, THAT'S BEEN THERE FOR QUITE SOME TIME, RIGHT? CORRECT.

AND, AND THEY'RE SAYING IT'S NOT OPTIMAL OR IS IT JUST, IS THERE, IT NO LONGER MEETS WHAT THE CURRENT STANDARDS ARE.

ANY OTHER QUESTIONS OR DISCUSSION? HEARING NONE.

OPPOSED? LIKE, SIGNED? I'M SORRY.

AYE, I APOLOGIZE.

ABSTAIN.

FRANK IS ABSTAINING YOU SAID? AYE.

MM-HMM .

UM, I WILL VOTE IN FAVOR OF IT.

IT.

THANK YOU VERY MUCH.

SO, SO LIKE I SAID, JUST BE NICE TO HAVE SOME PICTURES, SOME DETAILED, UH, YES SIR.

YOU KNOW, COLOR PHOTOS, MAYBE SOME SCHEMATICS IS JUST WHAT WE'RE TALKING ABOUT.

CERTAINLY IT, IT'D MAKE IT A LOT EASIER TO DECIPHER WHAT YOU'RE TALKING ABOUT.

I THINK MOST OF US HERE CAN KIND OF KIND OF UNDERSTAND WHAT Y'ALL ARE, UH, UH, SAYING.

BUT I, I NEED TO SEE SOME PICTURES OF, OF THAT.

IT MAKES IT DIFFICULT TO, UH, TO, UH, JUST IN DIGEST IT ALL.

YES SIR.

WE'LL BE, WE'LL CERTAINLY INCLUDE PICTURES IN THE PRESENTATION IN THE FUTURE.

YEAH.

UH, WITH THIS ONE, IF YOU'LL NOTE IN THE, UH, AGENDA STATEMENT, UH, THE ATTACHMENT THAT'S FROM THE PROPOSAL, THAT'S FROM THE CONSULTANT, SUB-CONSULTANT, WHICH IS, UH, CLEMSON ENGINEERING.

IT DOES INCLUDE A SERIES OF DETAILED PHOTOGRAPHS OF WHAT THEY'RE PROPOSING TO DO IN TERMS OF MODELING.

BUT TO YOUR POINT, UH, WE CAN GIVE YOU PICTURES OF THE EXISTING CONDITION AS WELL.

UH, SO I THINK THAT WOULD HELP YOU GET THERE.

SO ARE YOU SAYING THAT WAS IN OUR PACKET OR WHAT ARE YOU SAYING? PICTURES OF THE MODELS THAT CLEMSON DOES ARE IN THE PACKET, BUT NOT PICTURES OF THE EXISTING CONDITION.

CONSIDER A RES RESOLUTION AUTHORIZING AN AGREEMENT WITH KIT PROFESSIONALS INCORPORATED FOR A CORROSION INHIBITOR DEMONSTRATION TEST.

I'M SORRY I DIDN'T STATE THAT VERY WELL.

YES.

ALRIGHT, WE'LL PROVIDE BOTH FOR FUTURE REFERENCE THINGS LIKE THAT.

YEP.

VERY WELL GIVE YOU A CLEAR PICTURE.

[c. Consider a resolution authorizing an agreement with KIT Professionals Inc., for a Corrosion Inhibitor Demonstration Test.]

GOOD AFTERNOON ALL.

UM, BEFORE I KIND OF, UH, GO INTO THE, UM, SPECIFIC DETAILS OF THE, UH, ITEM I JUST WANTED TO, UH, POINT OUT, I KNOW, UM, ADMINISTRATION SENT AN EMAIL OUT TO YOU GUYS EARLIER, UM, TALKING ABOUT ONE OF THE, UH, PARTICULAR CONSULTANTS THAT WE, UM, HAVE ON, UH, SOME OF OUR PROJECTS, SPECIFICALLY THIS ITEM, UM, THAT WE'RE GETTING READY TO DISCUSS, UM, CONCERNING SOME LEGAL ISSUES WITH, UH, UH, ONE OF THEIR OWNERS OR PREVIOUS OWNERS.

AND SO, UM, JUST WANT TO POINT OUT THAT WE DO HAVE THAT CONSULTANT HERE IN CASE IF YOU HAVE ANY SPECIFIC QUESTIONS THAT YOU, UM, WOULD LIKE TO ASK, UM, I'LL PRESENT THE ITEM AND THEN FEEL FREE TO ASK IF YOU SO DESIRE.

UM, SO IN THIS, UH, PARTICULAR ITEM, THE, UH, CONSIDERING A RESOLUTION FOR THE, UH, CORROSION INHIBITOR DEMONSTRATION TEST.

SO, UM, BASICALLY EPA HAS ISSUED SOME GUIDANCE, UM, AND SOME REGULATORY CHANGES THAT WE NEED TO COMPLY WITH BY OCTOBER 16TH, 2024.

UM, A LOT OF THEM ARE CENTERED AROUND, UH, LEAD COPPER SPECIFICALLY AND SOME OF THE CHANGES IMPACT BAWA AS FAR AS THE TREATMENT PROCESS.

AND SO OUR CURRENT TREATMENT PROCESS, WE USE A CORROSION INHIBITOR, UM, WHICH IS, UM, A POLYPHOSPHATE.

UM, THE DIRECTION MOVING FORWARD IS THAT

[00:10:01]

THEY WOULD LIKE AN ORTHOPHOSPHATE TO BE USED.

AND SO THAT'S GONNA CAUSE THE, UM, TREATMENT PLANT TO, UH, TEST OUT SOME DIFFERENT CHEMICALS THAT ARE NOW COMPATIBLE WITH THE NEW GUIDANCE AND DIRECTION.

UM, AND SO THIS PARTICULAR ITEM, UH, WILL APPROVE THE AGREEMENT TO DO SO.

UM, WITH THE CONSULTANT, THEY'LL COME IN, PROVIDE RECOMMENDATIONS ON, UH, COMPATIBLE CHEMICALS, TEST THOSE, THOSE AND CORRESPOND WITH TCEQ AS FAR AS GETTING THE APPROVAL PROCESS, UM, AND THEIR CON UM, THEIR APPROVAL TO, UH, SWITCH OVER TO A DIFFERENT CHEMICAL.

AND SO THAT'S ESSENTIALLY WHAT THIS ITEM IS ABOUT.

ALL RIGHT.

BEFORE WE HAVE QUESTIONS AND DISCUSSION, DO I HAVE A MOTION TO APPROVE? SO MOVE.

QUESTIONS AND DISCUSSION.

SECOND.

I'LL MAKE THE MOTION.

AND A LOT OF PAGES HERE.

WE'RE TALKING ABOUT THE $59,900 MM-HMM .

YES, SIR.

THE, THE EMAIL WE GOT EARLIER TODAY, I THINK IT WAS TODAY, WAS INFORMATION REGARDING AN ISSUE WITH THE OWNER.

IS THAT MY RECOLLECTION, RIGHT? YES, THAT'S CORRECT.

UH, THE PREVIOUS OWNER OF THE FIRM, UM, WAS INDICTED ON SOME CHARGES AND, UM, I GUESS STEPPED DOWN.

I'M NOT SURE HOW, UH, RECENT IT WAS, BUT LIKE IF YOU HAVE SPECIFIC QUESTIONS ON THAT, UM, SUNIL KINI, WHO WE HAVE, UM, FROM THE FIRM CAN SPEAK TO THOSE DETAILS.

NO, I DON'T HAVE ANY SPECIFIC, BUT, UM, DOES STAFF ANTICIPATE ANY OF THAT HAVING ANYTHING TO DO WITH GOOD PERFORMANCE OF THIS CONTRACT? UM, STAFF DOES NOT BELIEVE THAT THAT THOSE DEALINGS SHOULD IMPACT THIS, UH, CONTRACT AT ALL.

UM, WE'VE HAD A, A LONG WITHSTANDING RELATIONSHIP WITH THIS PARTICULAR FIRM.

SPECIFICALLY THE INDIVIDUALS, UM, THAT ARE ASSIGNED TO THE PROJECT.

WE'VE DEALT WITH THEM BEFORE ON OTHER PREVIOUS PROJECTS, UM, WHERE THEY'VE PERFORMED SIMILAR, UH, WORK FOR US.

UM, MORE, UH, THE MOST RECENT ONE THAT COMES TO MIND WAS THE, UH, FILTER RERATING PROJECT THAT WE DID SEVERAL YEARS BACK THAT YOU MAY RECALL.

SO STAFF RECOMMENDS, YES, STAFF RECOMMENDS APPROVAL.

YES.

THAT'S MY ONLY QUESTION.

IT THAT'S VERY ENGINEERING COMPANY, CORRECT? CORRECT.

AND UM, I DON'T KNOW, I JUST HAVE A LOT OF, UH, EXPECTATIONS FROM AN ENGINEERING COMPANY AND THIS IS, YOU KNOW, MAYBE THEY GET OUT OF IT.

UH, OUR DEADLINE IS OCTOBER 16TH TO 2024.

BUT I DON'T KNOW HOW I CAN GOOD FAITH HEAP EMPLOYING SOMEONE THAT'S BEEN ACCUSED OF DOING SOMETHING THAT I DON'T KNOW IF THEY'RE DOING IT HERE.

I DON'T KNOW WHO'S GETTING KICKBACKS HERE.

I'D RATHER NOT TAKE THE CHANCE OF SOMEONE ACCUSED YOU FIND PEOPLE OF THIS KIND OF STUFF.

I'D RECOMMEND THAT WE FIND A DIFFERENT ENGINEER TO DO THIS.

YES.

IT'S MY UNDERSTANDING THAT, WELL, IT'S NOT JUST AN ACCUSATION.

HE DID, THE PERSON IN QUESTION DID PLEAD GUILTY.

AND WHEN YOU SAY THAT HE NO LONGER IS OWNER OF THE FIRM, HE HAS TRANSFERRED OWNERSHIP OF THE FIRM TO HIS WIFE AND HIS SON.

SO I, THAT'S NOT A COMPLETE ARM'S LENGTH, UH, RELATIONSHIP IN, IN MY MIND.

AND, UH, THE APPEARANCE OF IMPROPRIETY.

UM, THE CITY OF HOUSTON PULLED ALL OF ITS CONTRACTS, UH, BRIBING, UH, IN ORDER TO, UH, RECEIVE CONTRACTS.

UH, FALSIFYING, UH, BID INFORMATION IN ORDER TO RECEIVE CONTRACTS IS PRETTY SERIOUS.

AND I WOULD HATE FOR THAT TO, TO EVEN THE INFERENCE THAT SOMETHING BAD WAS HAPPENING WITH THE CITY OF BAYTOWN.

SO I'M, I'M VERY, UM, NERVOUS ABOUT US PROCEEDING FORTH, EVEN THOUGH I DO RECOGNIZE THAT THEY HAVE DONE A LOT OF WORK FOR THE CITY IN THE PAST AND THAT WE'VE BEEN PLEASED WITH THEIR WORK.

BUT, UM, IT, IT'S CONCERNING IF WE, IF WE DON'T APPROVE THIS, WHAT IS STAFF'S, UH, NEXT STEPS RELATIVE TO, UH, THIS DEMONSTRATION TEST WITH OTHER FIRMS? YEAH, IF, IF WE DON'T, UH, APPROVE, UM, WE DID A, UH, GENERAL RFQ LATE LAST YEAR, WE WOULD ENGAGE WITH ONE OF THE OTHER FIRMS, UM, THAT WE, YOU KNOW, APPROVED AT THAT TIME.

ONE, WE HAVE A, A LIST OF THE TOP FIVE OR SIX FIRMS OR SO, AND WE WOULD ENGAGE ONE OF THOSE OTHER FIRMS TO PERFORM THIS WORK SCOPE IS WHAT OUR COURSE OF ACTION WOULD BE.

WOULD THAT BE EXTREMELY DETRIMENTAL OR JUST A DELAY? IT WOULD BE A DELAY.

UM, THE,

[00:15:01]

SO, UM, YOU KNOW, THE, UM, TESTING PORTION OF IT, UM, WAS ONLY FOR A FEW MONTHS OF ACTUAL TESTING.

SO WE WOULD STILL HAVE, UH, TIME ESSENTIALLY FOR THIS PARTICULAR, UH, CONTRACT TO, UM, YOU KNOW, MOVE IT, MOVE IT ALONG AND STILL MEET OUR DEADLINE WE BELIEVE.

AND MADAM CHAIR, UM, YOU KNOW, WE DID DISCUSS THIS INTERNALLY.

WE DID WANT TO GET THAT INFORMATION TO YOU ALL.

FULL DISCLOSURE.

UM, UH, IF YOUR RECOMMENDATION IS THAT WE, UH, LOOK ELSEWHERE, OBVIOUSLY WE, WE'LL DO THAT.

UH, WE'LL BE ABLE TO BRING YOU BACK A NEW CONTRACT AS SOON AS POSSIBLE.

UM, YOU KNOW, BUT, UM, DON'T FEEL LIKE YOU'RE BEING PUSHED ONE WAY OR THE OTHER.

WE WANT IT TO BE COMPLETELY TRANSPARENT ABOUT WHAT'S TAKEN PLACE, EVEN THOUGH OUR EXPERIENCE WITH, UH, WITH THE FIRM AND WITH THE, UH, INDIVIDUALS THAT WOULD BE INVOLVED IN THIS HAS BEEN NOTHING BUT POSITIVE.

SO YES, THIS WAS A FRONT PAGE HOUSTON CHRONICLE STORY FAIRLY RECENTLY, SO, UH, IT'S NOT SOMETHING THAT, UH, ONLY THE PEOPLE IN THIS ROOM WOULD KNOW ABOUT.

SURE.

ANY OTHER QUESTIONS OR DISCUSSION? HEARING NONE, I'D CALL FOR THE VOTE.

ALL THOSE OPPOSED SAY NAY, NAY, NAY.

UM, MOTION FAILS.

THANK YOU VERY MUCH.

UM, THAT WILL BRING US TO THE

[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. ]

MANAGER'S REPORT.

UH, THANK YOU MADAM CHAIR.

UM, JUST A COUPLE THINGS.

UM, FOR THE MAY MEETING, UH, WE'RE GOING TO TRY AND HOLD THAT A LITTLE BIT EARLIER IN THE MONTH.

SO WE'LL BE REACHING OUT, UH, TO CHECK AVAILABILITY FOR, UH, SOME DAYS, UH, EARLIER IN THE MONTH RATHER THAN WHEN IT WOULD NORMALLY BE SCHEDULED.

SO WE'LL BE IN TOUCH ON THAT.

UM, ALSO REGARDING THE BUA EAST EXPANSION PROJECT, UH, ONE OF THE THINGS THAT WILL BE BROUGHT TO YOU AT, AT THAT MAY MEETING, UH, WILL BE THE OWNER ADVISOR SERVICES AGREEMENT.

SO THAT CONTRACT WILL BE ON YOUR AGENDA FOR MAY.

ONCE THAT'S UP AND RUNNING, THEY'LL HELP US TO ESTABLISH THE DESIGN BUILD RFP OR RFQ DOCUMENTS AND THAT'LL GET US WELL ON OUR WAY.

ALL RIGHT.

AND SO I UNDERSTAND THAT THE REGULARLY SCHEDULED APRIL 19TH MEETING, UH, WE WILL NOT HAVE SINCE WE HAD THIS SPECIAL, AND THEN WE'LL HAVE THE EARLIER MAY MEETING.

IS THAT CORRECT? THAT'S MY UNDERSTANDING, YES.