Ordinance No. 11,152ORDINANCE NO. 11,152
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS. APPROVING THE BAYTOWN AREA WATER AUTHORITY'S
FINAL PAYMENT TO AND SETTLEMENT WITH REYTEC
CONSTRUCTION RESOURCES, INC., IN THE AMOUNT OF SIX
HUNDRED NINETY -EIGHT THOUSAND SIX HUNDRED EIGHTY -ONE
AND 35/100 DOLLARS ($698.681.35) FOR THE BAWA 30" WATER
TRANSMISSION LINE PROJECT;_ AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS. the Baytown Area Water Authority ("BAWA') contracted with Reytec
Construction Resources, Inc.. (the "Contractor') for the BAWA 30" Water Transmission Line
Project (the "Project "): and
WHEREAS, all of the said improvements, as provided in the plans and specifications
heretofore prepared by BAWA's engineer and as approved and adopted by BAWA's Board of
Directors have been performed and completed in accordance with the terms and conditions of the
aforesaid contract: and
WHEREAS! BAWA's engineer in the manner provided by the terms of the said contract
and the plans and specifications thereof, has approved and accepted the Project and has
heretofore issued his Certificate of Final Acceptance and has certified same to BAWA's Board
of Directors and recommended that it accept and receive said work and improvements as
constructed and completed by Contractor: and
WIIEREAS, BAWA has withheld the sum of FOUR IIUNDRED SEVENTY -THREE
THOUSAND SIX HUNDRED EIGHTY -ONE AND 35/100 DOLLARS ($473,681.35) in
retainage on the Project; and
WHEREAS, there is a dispute regarding the design of the project, appropriate liquidated
damages and work performed by the Contractor; and
WHEREAS, mindhtl of the cost and expense associated with litigation, the Contractor
has agreed to compromise, settle, and waive certain claims without admitting or conceding any
matter; and
WHEREAS. on July 15. 2009, the Board of Directors of the Baytown Area Water
Authority accepted the project and authorized final payment in the amount of SIX HUNDRED
NINETY -EIGHT THOUSAND SIX HUNDRED EIGHTY -ONE AND 35/100 DOLLARS
($698.681.30. subject to a release and settlement agreement satisfactory to its General Manager
and General Counsel, and
WHEREAS, the legislation creating the Baytown Area Water Authority ("BAWA'')
requires that the City Council of the City of Baytown approve contracts entered into by BAWA;
and
WHEREAS, the City Council of the City of Baytown desires to approve the final
payment and settlement authorized and approved by the Board of Directors for the Project; NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown. Texas, hereby approves the
Baytown Area Water Authority's final payment to and settlement with Reytec Construction
Resources, Inc., in the amount of SIX HUNDRED NINETY -EIGHT THOUSAND SIX
HUNDRED EIGHTY -ONE AND 351100 DOLLARS ($698.681.35) for the BAWA 30" Water
Transmission Line Project.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown. #�
INTRODUCED, READ and PASSED by the
City of Baytown this the 23`d day of July, 2009.
S
ATTEST:
U& �
t.ETICIA A Interim City Clerk
APPROVED AS TO FORM:
ACIO
RAKarenWileACity Councill0rdinances\2009Uuly 23 GXpproveBAWAFinalPay2Reytec.doc
2
of the City Council of the
CARLOS,yayor