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BAWA Resolution No. 2007-0013 RESOLUTION NO. 2007-0013 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY DECLARING AN EMERGENCY AND AUTHORIZING THE GENERAL MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE BAWA HVAC SYSTEM; AUTHORIZING PAYMENT BY THE BAYTOWN AREA WATER AUTHORITY IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Board of Directors of the Baytown Area Water Authority ("BAWA") herein finds that the operational failure of the HVAC system at the Fritz Lanham Water Treatment Plant creates a serious health hazard and/or an unreasonable economic loss to BAWA and requires immediate corrective action in order for BAWA to maintain its state certification as a Bac-T laboratory; and WHEREAS, pursuant to Section 49.274 of the Texas Water Code, BAWA may negotiate a limited duration contract for the necessary repairs; and WHEREAS, the Board of Directors desires that the General Manager proceed under Section 49.274 of the Texas Water Code in order resolve the emergency caused by the HVAC failure described hereinabove; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section l: That the Board of Directors of the Baytown Area Water Authority hereby finds that the operational failure of the HVAC system at the Fritz Lanham Water Treatment Plant creates a serious health hazard and/or an unreasonable economic loss to BAWA and requires immediate corrective action in order for BAWA to maintain its state certification as a Bac-T laboratory. Section 2: That the Board of Directors of the Baytown Area Water Authority hereby authorizes the General Manager to negotiate and execute a contract with a responsible bidder who can provide materials and services which will result in the best and most economical completion of the work for the replacement of the HVAC system at the Fritz Lanham Water Treatment Plant. Section 3: That subject to the approval of the City Council of the City of City of Baytown, Texas, the Board of Directors of the Baytown Area Water Authority hereby authorizes payment in an amount not to exceed TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) for the contract authorized in Section 2 hereof. Section 4: That the General Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) or less, provided that the original contract price may not be increased by more than ten percent (10%) or decreased by more than ten percent (10%) without the consent of the contractor to such decrease. Section 5: 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 19"' day of December, 2007. PETER R. BUENZ,gresident �TT T. LORRI C , Assistant Secretary APPROVED A TO FORM: 4-'�Dl�o croi�ACIO RAMIREZ, SR., n al Counsel R:\Karen\Files\BA W A\Resolution\2007\Dcc IareEmcrgency&AuthorizeNegotiation4H V ACSystem.doc 2