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BAWA Resolution No. 2022-07RESOLUTION NO. 2022-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY DECLARING AN EMERGENCY; AUTHORIZING PAYMENT BY THE BAYTOWN AREA WATER AUTHORITY IN THE AMOUNT OF SEVENTY THOUSAND EIGHT HUNDRED EIGHTY-FOUR AND NO/100 DOLLARS ($70,884.00) TO THE SCRUGGS COMPANY FOR THE PURCHASE OF FOUR (4) 30-INCH BUTTERFLY VALVES ASSOCIATED WITH TWO (2) BAWA GROUND STORAGE TANKS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ********************************************************************************** WHEREAS, Baytown Area Water Authority ("BAWA") staff has determined that four (4) valves associated with two (2) BAWA ground storage tanks are non -operational and in need of replacement; and WHEREAS, due to long lead times and availability issues, BAWA is electing to purchase the valves and subsequently hire a contractor for installation; and WHEREAS, the risks associated with the non -operational valves makes the purchase of the replacement valves critical and necessary to preserve or protect the public health or safety of the citizens; and WHEREAS, to preserve the health, safety and well-being of BAWA's customers, immediate purchase of replacement valves is necessary; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section 1: That the Board of Directors of the Baytown Area Water Authority hereby finds that the recitals contained hereinabove are true and correct and are the findings of the Board of Directors of the Baytown Area Water Authority. As such, the Board of Directors of the Baytown Area Water Authority hereby declares an emergency exists because of an imminent threat to public health and safety. Section 2: That subject to the approval of the City Council of the City of Baytown, Texas, of the authorization referenced in Section 1 hereof, the Board of Directors of the Baytown Area Water Authority hereby authorizes payment in the amount of SEVENTY THOUSAND EIGHT HUNDRED EIGHTY-FOUR AND NO/100 DOLLARS ($70,884.00) to The Scruggs Company for the purchase of four (4) 30-inch butterfly valves associated with two (2) BAWA ground storage tanks. Section 3: That the General Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (250!/(0) or decreased by more than twenty-five percent (250V(0) without the consent of the contractor to such decrease. Section 4: This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Area Water Authority. INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the Baytown Area Water Authority this the 20"' day of April, 2022. MIKE WILSON, Vice President ATTEST: _ ` • r P P OVED AS TO FORM: C TR VOR FANNING, Interim General Counsel R:\Karen Anderson\RESOLUTIONS\BAWA\2022.04.20\BAWAEmergencyPurchaseotButtertlyVaIves. docx 2