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UM,

[00:00:01]

GOOD AFTERNOON.

WELCOME TO THIS MEETING OF THE BAYTOWN AREA WATER AUTHORITY.

I'D LIKE TO CALL THE MEETING TO AN ORDER AND ANNOUNCE THAT WE DO HAVE A QUORUM.

OUR FIRST ITEM OF

[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. ]

BUSINESS TODAY WILL BE ITEM ONE A TO CONSIDER A RESOLUTION AUTHORIZING THE GENERAL MANAGER TO NEGOTIATE AND EXECUTE A CONTINGENCY FEE AND RETAINER AGREEMENT WITH FRASER LAW, PLC AND VENTURA LAW TO PERFORM LEGAL SERVICES IN CONNECTION WITH POTENTIAL LITIGATION REGARDING THE PRESENCE OF PO, EXCUSE ME, PLURAL, AL ALCOHOL SUBSTANCES, PFAS, INCLUDING BUT NOT LIMITED TO PFOA AND OR PFOS IN DRINKING WATER, WASTEWATER AND SOIL IN THE BAYTOWN AREA WATER AUTHORITY SERVICE AREA.

I DO NOTICE FROM OUR PUBLIC MEETING SIGN IN SHEET THAT WE HAVE ONE INDIVIDUAL WHO HAS REQUESTED TO SPEAK, MR. DAVID ISAAC.

MR. ISAAC, AS YOU APPROACH THE MICROPHONE, I WOULD LIKE TO LET YOU KNOW THAT YOU HAVE THREE MINUTES.

THERE WILL BE A TIMER, AND WHEN THE TIMER GOES OFF, YOUR TIME WILL BE UP.

THANK YOU.

GOOD EVENING, MADAM PRESIDENT DAVID ISAAC, 28 12 LANDMARK DRIVE, 7 7 5 2 1.

UH, I CAME HERE TONIGHT ON A LISTENING MISSION TO FIND OUT WHAT THIS AGENDA ITEM WILL INCLUDE.

UH, THERE ARE FOUR QUESTIONS MAINLY I WOULD LIKE TO SEE ANSWERED, HOPEFULLY HERE IN PERSON TONIGHT.

IF NOT, I'M MORE THAN HAPPY TO FOLLOW UP, UH, WITH THE COMMITTEE, WITH THE CLERK, WITH THE STAFF.

UH, BUT FIRST AND FOREMOST, I'D LIKE TO KNOW WHAT, WHAT ARE PFAS? WHAT ARE P FOAS, UH, WHAT, WHAT TO WHAT EXTENT ARE THERE IN, ARE THEY IN OUR WATER? AND I WOULD LIKE TO KNOW THE FULL EXTENT OF IT.

ARE THERE NUMBERS THAT, THAT THE, UH, COMMITTEE CAN GIVE ME TONIGHT THAT THIS BOARD CAN GIVE ME TONIGHT THAT I CAN GO BACK AND REPORT TO THE COMMUNITY WITH, UH, HOW MUCH, HOW MUCH OF THOSE PFAS ARE IN OUR WATER? THAT'S WHAT I WOULD LIKE TO LEARN, IF NOT THEN TO, UH, WHAT, WHEN, AT WHAT POINT CAN WE GET THERE? I'D ALSO LIKE TO KNOW WHO, WHO IS THIS, UH, UM, ATTORNEY? UH, I SEE TWO DIFFERENT FIRMS HERE.

WHO, WHO ARE THESE FIRMS WE'RE HIRING? WHY ARE WE CHOOSING TO HIRE THESE FIRMS? UH, SPECIFICALLY, UH, WHAT, WHAT, WHAT FORTE'S DO THEY HAVE? WHAT ADVANTAGES DO WE HAVE BY HIRING THIS? I JUST WOULD LIKE TO KNOW PERSONALLY, BECAUSE, UH, FROM WHAT I UNDERSTAND, ATTORNEYS, UH, WILL FIGHT FOR OUR CITY.

WE'LL STAND UP FOR OUR CITY, AND I'D LIKE TO KNOW WHO'S GONNA GO TO BAT FOR US.

NEXT, I'D LIKE TO KNOW, UH, IF THIS WILL HAVE ANY EFFECT ON OUR BILLS IF WE'RE GOING TO HIRE, UH, UH, LITIGATION.

I UNDERSTAND THAT WE'VE SPENT QUITE A FEW, UH, AMOUNT OF DOLLARS, UH, TOWARDS ANOTHER LITIGATION, UH, UH, LEGAL MATTER REGARDING, UH, SEWAGE.

I'D LIKE TO KNOW HOW MUCH THIS MAY COST US.

I UNDERSTAND IT'S FOR POTENTIAL LITIGATION.

I UNDERSTAND, UH, THAT THAT'S PROACTIVE MEASURES THAT WE'RE TAKING HERE.

BUT I'D LIKE TO KNOW, UH, IF THIS COULD HAVE ANY EFFECT ON OUR WATER BILLS.

WE'VE SEEN THEM GO UP AND DOWN AND PEOPLE HAVE BEEN CONCERNED, UH, ABOUT THE STABILITY OF THEIR WATER BILLS.

UH, THAT'S ALL I HAVE.

THANK YOU.

ALRIGHT, THANK YOU.

AS THERE IS NO OTHER, UH, INDIVIDUAL SIGNED UP ON THE PUBLIC MEETING, UH, SIGN IN SHEET, I WOULD ASK FOR CITY STAFF TO GIVE US A PRESENTATION AND PRESENT.

I CAN DO THAT FOR YOU.

UH, THIS IS AN ITEM COMING OUT OF THE LEGAL DEPARTMENT, AND AT THIS TIME, WE ARE REQUESTING TWO THINGS FROM YOU.

ONE, TO AUTHORIZE US TO APPROACH THE TEXAS ATTORNEY GENERAL TO ASK PERMISSION TO ENTER INTO A CONTINGENCY FEE ARRANGEMENT WITH THESE LAW FIRMS. THE SECOND IS TO PENDING, UH, ATTORNEY GENERAL APPROVAL ACTUALLY ENTER INTO THE CONTRACTS.

THESE WILL BE CONTINGENCY FEE CONTRACTS, SO THERE WILL BE NO OUT-OF-POCKET EXPENSES TO BOW TO THE RATE PLAYERS.

UM, WE WILL, UH, BE, LAW FIRMS WILL ONLY GET PAID IF WE ARE AWARDED A RECOVERY, EITHER THROUGH LITIGATION OR THROUGH SETTLEMENT OF THE CLAIMS. UM, WITH REGARD TO WHAT PFAS IS AND WHY WE ARE INTERESTED, THEY ARE CHEMICAL SUBSTANCES THAT ARE, UH, RELEASED IN SOME MANUFACTURING INDUSTRIES.

WE DO NOT KNOW AT THIS TIME WHETHER THERE ARE PFAS LEVELS IN BAYTOWN OR IN BAWA.

THE, UH, PURPOSE FOR ENTERING INTO THE CONTINGENCY FEE ARRANGEMENT IS SO THAT WE CAN HIRE THE LAW FIRMS WITH THE EXPERTISE ON HOW TO LITIGATE THESE CLAIMS, HOW TO TEST FOR THE SUBJECTS, HOW TO, UH, UH, FIND, UH, SCIENTIFIC TESTING COMPANIES WHO CAN CONDUCT THE PROPER STUDIES.

UH, SO THIS

[00:05:01]

IS A VERY INITIAL STEP AT THIS TIME.

I WANT TO EMPHASIZE THAT WE DO NOT KNOW WHETHER THERE IS ANY CONTAMINATION, BUT THIS IS EXPLORATORY IN THAT, UH, THE LAW FIRMS CAN HELP GUIDE US THROUGH THE PROCESS.

THE REASON WE ARE, UH, SPEAKING TO THESE PARTICULAR LAW FIRMS IS BECAUSE THEY HAVE ALREADY BEEN INVOLVED IN THIS LITIGATION FOR SEVERAL YEARS.

WE'RE COMING A LITTLE BIT LATE TO THE TABLE.

UH, THIS IS MULTI-DISTRICT LITIGATION IN FEDERAL COURT, MEANING THAT IS HAPPENING ALL OVER THE COUNTRY, BUT THE CASES HAVE BEEN CONSOLIDATED, IF I'M NOT MISTAKEN, IN, UH, FEDERAL COURT IN KENTUCKY, UH, SOMEWHERE IN, UH, IN THE SOUTH.

UM, BUT AT THIS TIME, UH, I'M SORRY TO GET BACK TO, UH, ONE OF MR. ISAAC'S QUESTIONS.

UM, BECAUSE THIS IS CONTINGENCY FEE LITIGATION, UM, THERE WILL BE NO RATE INCREASES.

AS A RESULT, IF WE ARE AWARDED ANYTHING, THEN THAT MONEY WILL COME BACK TO BALA, AND I'M HAPPY TO ANSWER ANY OTHER QUESTIONS.

YES, SIR.

CAN, CAN YOU BACK UP AND, AND TELL US WHERE THIS STARTED, BECAUSE I WE'RE JUMPING INTO THE MIDDLE AND I I NEED TO KNOW THE FIRST PART.

IT SOUNDS LIKE WE'RE SUING SOMEBODY AND WHO WOULD BE SUING AND WHY WOULD WE COLLECT ANYTHING? SO, UH, CURRENTLY, UH, DUPONT HAS, UH, ENTERED INTO A PRELIMINARY SETTLEMENT IN THE MULTI-DISTRICT LITIGATION, UH, SEVERAL BILLION DOLLARS.

UH, DUPONT WAS A MANUFACTURER OF THIS PARTICULAR SUBSTANCE.

UH, WHEN IT GETS INTO, UH, WATER SYSTEMS, IT CAN EXPAND RAPIDLY.

UH, THE SUBSTANCE WAS USED, UH, FOR COATINGS OF DIFFERENT, UH, TYPES OF MATERIALS.

UH, FOR INSTANCE, UH, MATERIALS THAT ARE USED TO PROTECT FIREFIGHTERS, UH, MATERIALS THAT ARE USED IN FIREFIGHTING FOAM AND OTHER TYPES OF COATINGS.

UH, THE LITIGATION HAS BEEN GOING ON FOR SEVERAL YEARS.

UM, SOME WATER SYSTEMS AND SOME MUNICIPALITIES WERE NOTIFIED THAT THEY MAY HAVE HAD THESE SUBSTANCES, UH, OTHER, UH, MUNICIPALITIES, OTHER WATER SYSTEMS MAY HAVE ALREADY BEEN TESTING FOR THEM.

UH, WHAT WE DO KNOW IS THAT THE EPA IS MORE LIKELY THAN NOT GOING TO REDUCE THE LEVEL OF WHAT IT CONSIDERS TO BE, UH, SAFE TO, UH, UH, QUITE LOW AMOUNT.

SO ANY SYSTEM THAT POTENTIALLY HAS, UH, THESE POLLUTANTS IN IT, UM, SHOULD BEGIN TESTING.

AND THESE LAW FIRMS ALREADY HAVE, UH, SCIENTIFIC COMPANIES, UH, ON RETAINER WHO CAN DO THE TESTING FOR US, AGAIN, WITHOUT ANY CHARGE TO THE CITY OR TO BALA.

AND, UH, THEY WILL BE ABLE TO TELL US WHETHER WE HAVE ANY OF THIS IN THE SYSTEM, WHETHER THOSE LEVELS ARE, UH, DETECTABLE ACCORDING TO THE NEW EPA STANDARDS.

AND THEN ACCORDING TO THE SCHEDULE THAT THE FEDERAL COURTS HAVE SET UP, WHETHER WE WOULD BE ELIGIBLE FOR, UH, FIRST TIER, UH, LEVEL SETTLEMENT, A SECOND TIER LEVEL SETTLEMENT, UH, AND SO ON, BASED OF THE LEVELS THAT ARE DETECTABLE.

OKAY.

SO THE, THE ATTORNEYS THAT WE HIRE, THEY'RE GONNA DO THE TESTING AND OKAY.

AND IF, IF THEY DO COME UP NON-DETECT, WE STILL DON'T OWE THEM ANYTHING FOR DOING THE TESTS BECAUSE THEY'LL GET MONEY FROM OTHER SETTLEMENTS TO COVER THE COST KIND OF THING.

THAT'S RIGHT.

OKAY.

THEY WILL ONLY GET PAID IF WE RECEIVE AN AWARD, AND THEY WILL GET PAID 25% CONTINGENCY FEE OUT OF THAT AWARD.

OKAY.

AND, AND JUST TO YOUR POINT, WHY NOW, JUST SOMETHING I KNOW FROM, YOU KNOW, THE INDUSTRY THERE IS, IT IS PUSHED BY THE EPA, BUT WE ARE, UM, FOCUSING ON, YOU KNOW, REPLACING FIREFIGHTING FOAMS THAT WE HAVE NOW, BECAUSE THE ONES THAT WERE DEVELOPED IN THE EIGHTIES HAVE PFOS IN THEM.

AND SO THAT HAS BEEN A, A PUSH IN INDUSTRY TO, TO CHANGE FROM, FROM THOSE MATERIALS.

SO I COULD SEE WHY THIS IS COMING UP NOW.

AND, AND I WILL SAY, JUST AS A TECHNICAL MATTER, THIS PARTICULAR PART OF THE LAWSUIT IN THIS PARTICULAR

[00:10:01]

SETTLEMENT, UH, IS ONLY RELEVANT TO WATER SYSTEMS AND WHETHER THEY ARE DETECTABLE IN THE WATER SYSTEMS. UM, THERE WILL BE OTHER, UM, SETTLEMENT CLASSES IN THE FUTURE TO DEAL WITH, UH, GROUNDWATER TO DEAL WITH, UH, FIREFIGHTING EQUIPMENT AND SO FORTH.

SO THIS IS, ALTHOUGH WE'RE COMING LATE TO THE TABLE IN TERMS OF WHEN THE INITIAL LAWSUITS WERE FILED, WE'RE STILL VERY, VERY EARLY IN THE PROCESS.

AND I WILL ADD THAT THERE WILL BE A SIMILAR RESOLUTION BEFORE CITY COUNCIL, UH, TO HAVE THEIR OWN, UH, ASSESSMENT BASED ON, UH, OTHER FACTORS THAT WOULD NOT NECESSARILY INCLUDE BOWEL.

HOW LONG DO YOU THINK THIS WILL TAKE? UH, YEARS? NOT, NOT FOR THE WHOLE LAWSUIT STUFF MM-HMM .

BUT, YOU KNOW, FOR THE TESTING.

AND SO WE KNOW WHERE WE'RE AT IN THAT REGARD.

A COUPLE MONTHS OR THREE MONTHS? YEAH, A FEW MONTHS FOR THE TESTING.

UH, WE ANTICIPATE SOMETIME EARLY NEXT YEAR THE EPA WILL COME DOWN WITH THE MORE STRINGENT STANDARDS.

UH, THERE IS ALREADY A TIME SCHEDULE FOR THE LITIGATION TO MOVE FORWARD IN FEDERAL COURT.

SO, UH, IN TERMS OF A SETTLEMENT FOR THIS PORTION OF THE LAWSUIT, I WOULD SAY WITHIN THE NEXT 18 TO 24 MONTHS.

ALRIGHT.

DOES ANYONE ELSE HAVE QUESTIONS? YEAH, JUST THE, THE, THE P IS OBVIOUSLY THIS PLURAL ECHO WHAT IS ASS AND OA, AND SUBSTANCE POLYFLOR ALCOHOL SUBSTANCES.

OKAY.

OKAY.

OKAY.

SO IT'S ALL THOSE WORDS, JUST ABBREVIATED.

ALL RIGHT.

AND, AND SO THE, THE, THE CITY IS GETTING INVOLVED IN A LAWSUIT THAT'S ALREADY BEEN FILED AND AGAINST WHOM? UH, DUPONT, I DO NOT REMEMBER THE OTHER SETTLING COMPANY.

UH, FOR THIS PORTION OF THE LAWSUIT, THERE ARE DOZENS, DOZENS.

AND THESE POTENTIAL ARE, THESE CHEMICALS MAY BE IN OUR WATER SYSTEM AT THE PLANTS AND THEREFORE DISTRIBUTED.

THAT'S THE THEORY AND THAT'S WHAT WE ARE GONNA DRILL DOWN, UH, ON IF YOU ALL APPROVE THIS RESOLUTION.

AND I'M NOT SMART ENOUGH TO ASK YOU ANY MORE QUESTIONS, SO I'M GOOD.

I GUESS I HAVE ONE MORE QUESTION, AND THIS IS MORE FOR BAWA IN GENERAL, IF WE DO FIND THAT WE DETECT SOME PFAS, ARE WE, I GUESS, COMING UP WITH A PLAN TO MAKE SURE THAT THAT IS NO LONGER DISTRIBUTED? YEAH, WE, WE WILL HAVE TO COME BACK TO TALK ABOUT WHAT OUR NEXT STEPS ARE GONNA BE, AND WE SHOULD TALK ABOUT THAT REGARDLESS OF, UH, WHAT YOU DECIDE HERE TODAY.

AND SO I WOULD IMAGINE IN THE NEXT, UH, YOU KNOW, OVER THE NEXT 24 MONTHS, WE WILL HAVE SEVERAL EXECUTIVE SESSION DISCUSSIONS AS WELL AS PUBLIC DISCUSSIONS ABOUT WHAT THIS ALL MEANS AND WHAT OUR NEXT STEPS ARE.

UH, THE LAWYERS ARE CERTAINLY WILLING TO COME DOWN HERE AND, UH, VISIT WITH YOU, UH, AS WE PROGRESS.

IF THIS IS THE COURSE YOU DECIDE TO GO.

AND AGAIN, UM, THE FIRST STEP AFTER TODAY IS, UH, THE ATTORNEY GENERAL'S APPROVAL BECAUSE THIS IS IN FACT CONTINGENCY FEE LITIGATION.

AND, UH, AFTER YOU ALL APPROVE, IT STILL HAS TO GO THROUGH A SECOND, UH, SET OF SCRUTINY UP IN AUSTIN.

TWO MORE QUESTIONS.

UM, WHAT DOES THIS STUFF CAUSE WHY DO WE CARE? UH, WE DON'T KNOW YET.

THAT'S PART OF WHAT THE LITIGATION IS ABOUT.

I THINK THOSE DISCUSSIONS ARE, UH, PROBABLY BEST HAD INITIALLY IN EXECUTIVE SESSION WITH, UH, THE LAW FIRM IF WE DECIDE TO HIRE THEM AND WITH, UH, THEIR CONSULTING FIRMS. AND THEN A, UH, A MORE PUBLIC DISCUSSION LATER.

BUT SOMEBODY HAS DETERMINED THIS IS BAD STUFF.

EPA HAS DETERMINED IT'S BAD STUFF.

YES, SIR.

OKAY.

AND THESE TWO FIRMS, WHY WERE THEY, WHY WERE THEY CHOSEN? SO THESE FIRMS HAVE ALREADY BEEN INVOLVED IN THE FEDERAL LITIGATION.

UM, THEY ALREADY HAVE THE CONSULTANTS ON STAFF.

UH, I HAVE MET WITH THEM SEVERAL TIMES ALREADY.

I'M CONFIDENT IN THEIR ABILITY.

UM, UH, THEY'RE, THEY ARE NOT THE ONLY FIRM SURE DOING THIS,

[00:15:01]

BUT THEY HAVE BEEN INVOLVED FROM THE BEGINNING.

GOTCHA.

SO THE HAMMER'S NOT ON HERE.

THE HAMMER? YEAH, THE HAMMER .

NO, NO, NO.

I'M SORRY.

THE HAMMER IS NOT ON HERE.

NO, SIR.

OKAY.

.

WELL, HE'S GOT A SON TOO.

YEAH.

HE CAN PLAY BACK CLEANUP, YOU KNOW.

ALRIGHT.

THAT'S ALL I'VE GOT, CHAIRMAN.

ALRIGHT, ANY, ANYTHING FURTHER? ALL RIGHT.

UM, I WOULD LIKE TO HAVE A MOTION TO APPROVE THE RESOLUTION.

I'LL MAKE THE MOTION.

I'LL SECOND IT.

I HAVE A MOTION AND A SECOND.

IS THERE, UH, FURTHER DISCUSSION OR QUESTIONS? HEARING NONE.

ALL THOSE IN FAVOR SAY AYE.

AYE.

OPPOSED? LIKE, SO MOTION CARRIES UNANIMOUSLY.

THANK YOU.

UM, NEXT WE WILL

[b. Consider a resolution amending Resolution No. 2023-17 approved by the Board of Directors of the Baytown Area Water Authority (BAWA) on October 18, 2023, to correct the dollar amount authorized for the award of the purchase and replacement of HVAC units at the Baytown Area Water Authority, located at 7425 Thompson Road, Baytown Texas.]

CONSIDER A RESOLUTION AMENDING RESOLUTION NUMBER 2 0 2 3 DASH ONE SEVEN APPROVED BY THE BOARD OF DIRECTORS OF BAWA ON OCTOBER 18TH, 2023 TO CORRECT THE DOLLAR AMOUNT AUTHORIZED FOR THE AWARD OF THE PURCHASE AND REPLACEMENT OF HVAC UNITS AT THE AUTHORITIES LO UH, ENTITY LOCATED AT 7 4 2 5 THOMPSON ROAD.

I'LL TAKE THIS ONE AS WELL.

OKAY.

UM, THIS IS TO CORRECT A, A TRANSCRIPTION ERROR.

AND, UH, STERLING ASKED ME EARLIER WHO MADE THE ERROR, SO I'M GONNA FALL IN THE SWORD.

IT'S MY STAFF.

THEY GAVE US THE RIGHT INFORMATION, WE TRANSPOSED THE NUMBERS, AND I IN TURN GAVE YOU THE RESOLUTION WITH THE BAD NUMBERS ON IT.

SO WE'RE CORRECTING THAT ERROR.

SO IT'S A TYPO, ESSENTIALLY.

YES, SIR.

YES, MA'AM.

OKAY.

IT IS A TYPO, RIGHT? BECAUSE WE, UH, WE DO RECALL THE DISCUSSION AND THE FACT THAT WE TALKED ABOUT THE FULL AMOUNT OF 250 TO WHAT, 236,455? THAT'S CORRECT.

SO IT'S, IT'S COMPLETELY ON MY OFFICE.

WE DID.

ALRIGHT.

OKAY.

AND WHAT WERE, WHAT WERE THE NUMBERS? DO I HAVE A MOTION TO APPROVE? NO, WHAT, WHAT WERE THE NUMBERS? TWO? THE, WELL, WE NEED TO APPROVE IT AND, AND THEN WE CAN DISCUSS IT.

I MEAN, NOT APPROVE IT.

I NEED A MOTION TO APPROVE IN A SECOND AND THEN WE CAN MOVE TO APPROVE.

OKAY.

IN A SECOND.

ALRIGHT, NOW WE CAN DISCUSS THE NUMBERS.

WERE IN FACT, $236,455 AND NO CENTS.

UH, WE GAVE YOU A RESOLUTION WITH $160,000 EVEN.

AND I HAVE NO EXPLANATION FOR THAT OTHER THAN WE GOT THE WRONG NUMBERS IN THERE.

ALL.

ALL RIGHT.

AND, AND AS I SAY, WE DID DISCUSS THE FULL, THE, WHEN THE PRESENTATION WAS MADE LAST MONTH, UH, THE CITY STAFF TOLD US IT WAS GOING TO COST $236,455.

SO, UM, ALRIGHT, ANY OTHER QUESTIONS OR DISCUSSION? ALL THOSE IN FAVOR SAY AYE A AYE.

OPPOSED LIKE, SIGN MOTION CARRIES UNANIMOUSLY.

ALRIGHT, THANK YOU VERY MUCH.

UM, NEXT WE'LL RECEIVE

[a. Receive a report on status of the Baytown Area Water Authority East Expansion Project.]

A REPORT ON THE STATUS OF THE AUTHORITIES EAST EXPANSION PROJECT.

SO AS ALWAYS, WE HAVE A LITTLE SLIDESHOW PRESENTATION FOR Y'ALL.

I WILL MENTION, UM, NOT AS MUCH UPDATE TODAY.

UM, JUST VERY QUICKLY, WE'RE GONNA GO OVER THE RFQ AND RF, SORRY, RFQ AND RFP SCHEDULE REMINDER OF WHAT THE RFQ EVALUATION CRITERIA IS.

AND LAST MONTH WE WENT OVER THE COMPONENTS OF THE EXPANSION, BUT I KNOW NOT EVERYBODY WAS HERE.

SO WE THOUGHT WE'D JUST DO ONE MORE RUNDOWN OF THOSE COMPONENTS, UH, FOR THOSE THAT MISSED IT.

UM, BUT WHAT I WANTED TO NOTE IS THIS IS AN ACTIVE RFQ RIGHT NOW, SO WE CAN'T HAVE MUCH DISCUSSION, YOU KNOW, ON IT BECAUSE ANY QUESTIONS ON THE RFQ HAVE TO COME THROUGH, UH, PURCHASING AND WE HAVE TO ANSWER THAT.

BUT WE CAN REPORT WHAT'S ALREADY IN THE RFQ.

AND SO THAT'S WHAT WE'RE GOING TO DO TODAY.

SO, UM, SO THIS IS THE RFQ AND THE RFP SCHEDULE.

WE DID HAVE THE RFQ KICKOFF INFO MEETING ON OCTOBER 31ST.

THAT'S WHERE WE PROVIDED AN INFORMATIONAL SESSION TO ANYBODY THAT WAS INTERESTED AND THEN DID A SITE TOUR.

UH, WE WERE VERY HAPPY WITH THE ATTENDANCE OF THAT.

WE HAD ABOUT 20 PEOPLE ATTEND.

I SAY ABOUT, BECAUSE, UM, NOT EVERYBODY SIGNED THE SIGN IN SHEET.

SOME OF THE COMPANIES BROUGHT THREE OR FOUR PEOPLE AND THEY JUST DIDN'T ALL SIGN IN.

UH, BUT WE DID HAVE 13 COMPANIES REPRESENTED, YOU KNOW, AT THAT RFQ.

SO THAT SHOWED GOOD INTEREST AND THE PROJECTS, AND WE WERE HAPPY ABOUT THAT.

UM, WE THEN ISSUED THE RFQ ON NOVEMBER 2ND.

SO LIKE I SAID, IT IS LIVE AND ACTIVE RIGHT NOW.

WE'RE GONNA HAVE ANOTHER, UM, MEETING TOMORROW ON SITE THAT IS SIMPLY, UM, FOR ANYBODY WHO MAYBE MISSED THE FIRST ONE OR, UM, JUST, YOU KNOW, WANTED TO SEE SOMETHING AT THE SITE THEY DIDN'T GET TO SEE LAST TIME OR HAVE A QUESTION, YOU KNOW, ON THE RFQ, THEY CAN ASK IT, BUT ANYTHING THEY ASK WILL BE NOTED.

AND AGAIN, UM, PUBLICIZED AS THIS IS A AN RFQ,

[00:20:01]

THE DEADLINE FOR QUESTIONS ON THE RFQ IS NOVEMBER 30TH AND WE, UH, EXPECT TO GET THE SO QS ON DECEMBER 14TH, AND THEN WE WILL BRING BACK THE SELECTION AND THE SHORT LIST FROM THAT IN JANUARY TO Y'ALL.

SO IT IS MOVING ALONG.

COULD YOU REMIND ME WHAT SOQ MEANS? STATEMENT OF QUALIFICATIONS.

THANK YOU.

SORRY.

IT'S THOSE ACRONYMS LIKE PFAS WE'RE VERY USED TO.

COULD, COULD I ASK A QUICK QUESTION? YOU SAID THERE WERE 13 COMPANIES REPRESENTED MM-HMM .

WOULD, WERE THOSE 13 COMPANIES, ALL, UH, COMPANIES THAT WOULD BE PRESENTING A PROPOSAL OR WERE SOME OF THOSE SUBS TO A POTENTIAL PRIME? THEY, THEY WERE THE LATTER OF IT.

SO WE SAW ENGINEERING FIRMS, WE SAW CONSTRUCTION FIRMS, WE SAW FIRMS THAT HAVE BOTH ENGINEERING AND CONSTRUCTION.

WE ALSO SAW SOME VENDORS, YOU KNOW, SHOW UP AS WELL.

SO THERE WAS A VARIETY.

SO WE DON'T KNOW EXACTLY, I MEAN, NOT THAT WE WOULD, BUT WE DON'T HAVE A FEEL FOR HOW MANY TEAMS MIGHT BE SUBMITTING.

NO.

BUT I, I THINK IT'S, IT'S IN LINE WITH WHAT WE'VE TALKED ABOUT BEFORE.

I WOULD, I WOULD ANTICIPATE THREE TO FIVE, BUT WE, WE DON'T KNOW.

OKAY.

THANK YOU.

MM-HMM .

UM, SO THIS IS JUST A REMINDER AGAIN, UM, WE PRESENTED THIS LAST MONTH, BUT UH, NOT EVERYBODY WAS HERE.

SO JUST WHAT THE SCORING EVALUATION FOR THE RFQ IS.

SO, UM, 50% IS BASIC IS ON THE KINDA GENERAL INFORMATION OF THE DESIGN BUILDER.

YOU KNOW, WHO ARE YOU, WHAT'S YOUR LEGAL STRUCTURE, WHERE ARE YOU LOCATED, WHAT'S YOUR SAFETY RECORD, SOME FINANCIAL INFORMATION AS WELL.

SO KINDA THE ADMINISTRATIVE PIECE OF IT.

UM, 45% WILL BE ON THE PROJECT TEAM STRUCTURE AND THE TEAM PERSONNEL.

THAT'S REALLY, WHO ARE YOU GONNA HAVE ON THIS PROJECT AND ARE THEY QUALIFIED, YOU KNOW, TO DO THE JOB.

AND THEN THE LAST IS THE RELEVANT PROJECT EXPERIENCE.

HOW MANY OF THESE TYPE OF PROJECTS HAVE YOU DONE? HOW MANY PROGRESSIVE DESIGN BUILDS HAVE YOU DONE? HOW MANY WATER PLANT EXPANSIONS HAVE YOU DONE? AND HAS YOUR TEAM WORKED TOGETHER PREVIOUSLY AND BEEN SUCCESSFUL? SO THOSE ARE THE KIND OF THINGS THAT WE'RE LOOKING FOR.

UM, AS A PART OF THE RFQ, AND THIS IS THE CRITERIA, OUR SCORING CRITERIA, IT'S BEEN GIVEN ONE QUICK THING.

MM-HMM .

YOU MENTIONED THE FINANCIAL CONDITION.

MM-HMM .

THAT'S PART OF THE 15%.

YES.

UM, NOT SURE THAT'S ENOUGH FOR THE FINANCIAL CONDITION, BUT IT, IT'S REALLY THAT ONE IS ALMOST MORE OF A PASS OR FAIL.

SO WE GIVE THEM CRITERIA FINANCIALLY THAT THEY, THEIR COMPANY HAS TO MEET.

OKAY.

SO IT KNOWS THAT THEY HAVE THE MONEY TO, TO COMPLETE THE PROJECT, SO THEY HAVE TO PASS THE CRITERIA WE GAVE THEM.

OKAY.

GOOD EVENING, MADAM PRESIDENT AND BOARD MEMBERS.

UM, HERE.

SOME OF THE ITEMS THAT, UH, THAT WE HAVE THAT WILL, THAT WILL BE PART OF THIS EXPANSION ARE, UM, AN ADDITIONAL FOUR BAY OR BYPASS OF THE FOUR BAY, UM, METER STATION BYPASSED, UH, WE NEED TO A INCREASED, UH, PUMPING CAPACITY OF THE LOW LIFT PUMP STATION AND, UH, ADDITIONAL SLUDGE LAGOONS.

UM, SOME EXPANSIONS FOR THE CHEMICAL FACILITIES.

A NEW, UH, CT STUDY, WHICH IS THE CHLORINE CONTACT TIME STUDY TO MAKE SURE THAT THE DISINFECTION PROCESS IS WORKING CORRECTLY.

UM, IMPROVED ACCESS TO THE CHEMICAL LINES, AN ADDITIONAL GROUND STORAGE TANK, AND, UH, ADDITIONAL 6 MILLION GALLONS PER DAY OF TREATMENT CAPACITY.

UM, THERE, THERE WILL ALSO, UH, BE A REQUIREMENT TO, UH, THAT THE, WHOEVER PROVIDES THESE, UH, THIS EQUIPMENT WILL GIVE THE, UH, GIVE BAWA IN-HOUSE SERVICE AND PROGRAMMING ABILITY THAT WE WON'T HAVE TO HIRE SOMEBODY OR GET SOMEBODY FROM, FROM THEIR COMPANY TO COME BACK AND DO ANY, UM, OPERATION OR MAINTENANCE ON THE EQUIPMENT.

UM, UH, A MAINTENANCE BUILDING AND EQUIPMENT STORAGE, ADDITIONAL LABORATORIES FOR STAFF AND WINTERIZATION WINDPROOF OF THE PUMP STATIONS.

UH, SOME PUMP AND PIPE COATING REPAIRS, UH, FOR THE EXISTING FACILITIES THAT ARE, THAT ARE OUT THERE.

AND THEN TO RESOLVE THE ELECTRICAL ISSUES THAT HAVE BEEN ONGOING ON THE MOTORS THERE AT THE, AT THE PLANT.

UM, YOU BET.

SO BASED ON THIS PFOS, IF, IF WE UNFORTUNATELY DID FIND SOME OF THAT, WOULD WE MODIFY OUR REQUEST TO HAVE THAT ADDRESSED POTENTIALLY IN THIS BILL? WE COULD.

UM, SO THAT IS NEW REGULATIONS THAT'S COMING DOWN FROM EPA.

UM, THEY'VE BEEN OUT FOR A WHILE OF, OF WHAT THEY THINK THAT THEY'RE GONNA ADOPT.

AND AS, AS WAS MENTIONED EARLIER, WE'RE HOPING THAT EPA, UH, WILL ADOPT THOSE, UM, THOSE LIMITS SO WE'LL KNOW WHAT THEY ARE.

UM, BUT RIGHT NOW WHAT THEY'VE BEEN THROWING OUT THERE, THE NUMBERS ARE SO LOW THAT THEY'RE RIGHT AT THE DETECTION LIMITS OF YOUR ABILITY TO TEST, OF WHETHER OR NOT IT'S THERE.

SO DEPENDING ON WHAT'S THERE TYPICALLY, UM, YOU HAVE TO TEST TO FIND OUT IF IT'S IN THERE AND THEN THEY GIVE YOU SOME TIME TO COMPLY WITH THESE NEW REGULATIONS

[00:25:01]

OF, YOU KNOW, BRINGING, OF GETTING IT OUT OF THE WATER.

SO, UM, DEPENDING ON WHAT WE FIND, WE, WE MAY BE ABLE TO ADDRESS THAT AS PART OF THIS PROJECT.

UM, BUT UNFORTUNATELY NOT KNOWING WHAT IS THERE AND WHAT THE LIMITS WILL BE, UH, AT THIS TIME, WE CAN'T SAY YES OR NO.

YES.

IT HOPEFULLY WE DON'T FIND ANY.

RIGHT.

THAT WOULD BE THE IDEAL SITUATION, IDEALLY.

CORRECT.

DO YOU KNOW WHAT KIND OF TECHNOLOGY WOULD BE USED FOR THAT KIND OF REMOVAL? IT, I DON'T KNOW.

IT'S, I I KNOW THAT, UH, I THINK THE ONLY ONE THAT, UH, THERE, THERE'S SOME DIFFERENT TREATMENT TECHNIQUES AND NONE OF THEM HAVE BEEN PUT INTO PLACE YET TO EFFECTIVELY SHOW THAT WHETHER IT CAN BE DONE OKAY ON A, ON A SUSTAINED BASIS OR SOMETHING THAT'S COST EFFECTIVE.

AND SO THERE ARE WAYS TO DO IT, WHETHER OR NOT IT WILL FIT INTO A BUDGET, UH, THAT'S ANOTHER STORY THAT'LL HAVE TO BE LOOKED INTO.

OKAY.

UM, SO HERE ARE SOME OF THE, THE AREAS THAT, THE ITEMS THAT, THAT I MENTIONED ON THE, ON THE PREVIOUS SLIDE, UH, THE AREAS OF WHERE THOSE WILL BE TAKING PLACE, UH, SHADED IN BLUE, UM, WITH REGARDS TO THE EXISTING FACILITIES.

AND THEN THIS IS THE NEW, UM, AREA THREE, THERE IS THE NEW, UH, FOUR BAY.

AND THE OTHER TWO ITEMS ARE THE, UH, THE SLUDGE, ADDITIONAL SLUDGE LAGOONS.

AND THAT IS THAT, IS IT ? UH, HAPPY TO ANSWER ANY MORE QUESTIONS THAT Y'ALL MIGHT HAVE.

ANY QUESTIONS? NO.

ALL RIGHT.

THANK YOU VERY MUCH.

VERY EXCITED THAT WE'RE MOVING FORWARD.

OUR NEXT

[a. The next Baytown Area Water Authority meeting is scheduled for Wednesday, January 17, 2024, at 4:30 p.m., in the Council Chamber located at City Hall, 2401 Market Street, Baytown, Texas 77520. ]

ITEM IS THE MANAGER'S REPORT.

THANK YOU.

UH, CITY MANAGERS OUT I'M FILLING IN FOR, THERE'S NOTHING TO PASS ON FROM THEM OTHER THAN THE NEXT BAYTOWN AREA.

WATER AUTHORITY MEETING IS SCHEDULED FOR WEDNESDAY, JANUARY 17TH, 2024 AT 4:30 PM IN THE COUNCIL CHAMBER.

LOCATED AT CITY HALL 2 4 0 1 MARKET STREET, BAYTOWN, TEXAS 7 7 5 2 0.

ALRIGHT, THANK YOU VERY MUCH.

AS THERE IS NO FURTHER BUSINESS ON OUR AGENDA, I WOULD ENTERTAIN A MOTION TO ADJOURN.

I MOTION TO ADJOURN.

HAVE A MOTION.

SECOND AND A SECOND.

ALL THOSE IN FAVOR? AYE.

AYE.

THANK YOU VERY MUCH.

WE'LL SEE YOU IN JANUARY.

HAVE A HAPPY HOLIDAY SEASON.

MERRY CHRISTMAS AND HAPPY THANKSGIVING AND HAPPY NEW YEAR.

THANK.