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2011 05 25 BAWA Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY May 25, 2011 The Board of Directors of the Baytown Area Water Authority (BAWA) met in a Special Meeting on Wednesday, May 25, 2011, at 9:05 A.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brenda Bradley Smith President John Sandhop Director Mike Wilson Director Kevin Troller Assistant General Manager Ignacio Ramirez, Sr. General Counsel Leticia Brysch Assistant Secretary President Bradley Smith convened the May 25, 2011, Baytown Area Water Authority (BAWA) Board Special Meeting with a quorum present at 9:05 A.M., all members were present with the exception of Directors Baldwin and Mundinger. 1. MINUTES a. Consider Approving the Baytown Area Water Authority (BAWA) Board Regular Meeting Minutes held on April 20, 2011 - Assistant Secretary. A motion was made by Director John Sandhop and seconded by Director Mike Wilson approving the minutes of the April 20, 2011, BAWA Board Regular Meeting. The vote was as follows: Ayes: President Brenda Bradley Smith, Director John Sandhop, Director Mike Wilson Nays: None Other: Directors Wayne Baldwin (absent) and Dan Mundinger (absent) Approved 2. PROPOSED RESOLUTIONS a. Consider Repealing Resolution No. 2011 -07 and Awarding CDBG Non - Housing Emergency Power Improvements for BAWA Treatment Plant - Engineering. General Counsel Ramirez presented the agenda item and stated that Resolution No. 2011- 08 repeals Resolution No. 2011 -07 and awards a construction contract for the CDBG Non - housing Emergency Power Improvements for the Baytown Area Water Authority (BAWA) Water Treatment Plant (the "Project ") to T & C Construction, Ltd, in the amount of $2,938,000.00. Director of Engineering, Jose Pastrana stated that the construction contract for the project was based on the interpretation of the City and its outside engineer but discovered that the bidder interpreted the bid form differently. Namely, T & C provided only the incremental cost for Bid Alternate No. 1 for providing a new generator set rather than making modifications to the existing emergency generator set. Staff and outside engineer reviewed T & C's interpretation and believes that based upon the bid documents that such interpretation is plausible. As such, new bid tabulation was generated using this methodology and T & C remains the low bidder. Mr. Pastrana stated that the legal department advised that the award could still be made to T & C based on the conditions. Director Mike Wilson inquired of the difference between T & C and the next lowest bidder's original bid compared to the revised bid. Mr. Pastrana stated that the original bid difference was about $450,000 and the amended difference was $150,000. A motion was made by Director John Sandhop and seconded by Director Mike Wilson approving Resolution No. 2011 -08. The vote was as follows: Ayes: President Brenda Bradley Smith, Director John Sandhop, and Director Mike Wilson Nays: None Other: Directors Wayne Baldwin (absent) and Dan Mundinger (absent) Approved RESOLUTION NO. 2011-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY REPEALING RESOLUTION NO. 2011 -07 PASSED ON APRIL 20, 2011, AUTHORIZING AN AGREEMENT WITH T & C CONSTRUCTION, LTD., FOR THE CDBG NON - HOUSING, BAWA EMERGENCY POWER IMPROVEMENTS PROJECT IN THE AMOUNT OF TWO MILLION NINE' I-IUNDRI","I'-) THIRTY-EIGHT THOUSAND AND NO/100 DOLLARS ($2,938,000J)0), SLJ13JfX1-T TO THE APPROvAL, OF THE CITY COUNCIL 01• Ti [F-' CITY Of." BAY"I"OWN; ?vIAKING OTHER PROVISIONS RELATEIDTHERETO, AND PROVIDIN(i FOR 'FFIE ITT ECTWE� DATE TH FIR EO'F, 3. BUSINESS ITEMS a. Consider Changing the 13AWA Regular I*Vleeting,'Finie - )ktiministration. The Board agreed to change of the Baytown Area Water Authority's official meeting tittle rrom 8:00 a.m. to 9:00a.m. A traction was made by Director John Sandhopand seconded by Director Mike Wilson approving the BAWA meeting time from 8:00 A.M. to 9-0 l A.M. The vote was as f'ollows: Ayes: President Brenda Bradley Smith, Director John Sarldhop, and Director Mike Wilson Nays: None Other: Directors Wayne Baldwin (absent) and Data MUIldillger (absent) Approved 4. MANAGER'S IZEPORT Secretary Brysch stated that the monthly distribution report was at catch member's place. anommusim With there being no further business to discuss, President Bradley Smith acljourned the May 25, 2011, Baytown Area Water Authority (BAWA) Board Special Meeting at 9:13 A.M. 1110 h?, Leticia Brysch, Af�' tall City ot'Baylowll tzp "4