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BAWA Resolution No. 2009-06 RESOLUTION NO.2009-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY ACCEPTING THE BAWA 30-INCH WATER TRANSMISSION LINE PROJECT:AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF SIX I IUNDRED NINETY-EIGHT THOUSAND SIX HUNDRED EIGHTY-ONE AND 35/100 DOLLARS($698,681.35)TO REYTEC CONSTRUCTION RESOURCES.INC..SUBJECT TO CERTAIN STIPULATED TERMS AND CONDITIONS:AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS.all of the said improvements,as provided in the plans and specifications heretofore prepared by BAWA's engineer have been performed and completed in full accordance with all of the terms and conditions of the contract for construction of the BAWA 30-inch Water Transmission Line Project:and WHEREAS,the 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 BAWA 30-inch Water Transmission Line Project,has heretofore issued his Certificate of Final Acceptance,has certified same to the Board of Directors of the Baytown Area Water Authority,and has recommended that it accept and receive said work and improvements as constructed and completed by Contractor:and WHEREAS,BAWA has withheld the sum of FOUR HUNDRED SEVENTY-THREE THOUSAND SIX HUNDRED EIGI ITY-ONE AND 35/100 DOLLARS($473,681.35)in retainage; and WHEREAS.there is a dispute regarding the design of the project.appropriate liquidated damages and work performed by Reytec Construction Resources,Inc.:and WHEREAS.mindful of the cost and expense associated with litigation,Reytec Construction Resources.Inc.,has agreed to compromise,settle,and waive certain claims without admitting or conceding any matter: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 accepts and approves the above-described work and improvements,and finds and determines that all of said improvements have been completed as provided in the plans and specifications thereof.and in full accordance with all of the terms and provisions of the aforesaid contract. Section 2:That the Certificate of Final Acceptance heretofore issued by BAWA's engineer and certified to the Board of Directors is hereby accepted and received. Section 3:That subject to a release and settlement agreement containing terms and conditions acceptable to BAWA's General Manager and General Counsel,payment to Reytec Construction Resources,Inc.,in the amount of SIX HUNDRED NINETY-EIGHT THOUSAND SIX HUNDRED EIGHTY-ONE AND 35/100 DOLLARS($698,681.35)is hereby authorized. Section 4:This resolution shall take effect immediately Gom 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 15`h day of July.2009. 1Q R.SAND OP,President A"1"l'IST: y LETICIA G,.'A.h Vern Assistant Secretary APPROVED AS TO FORM: ACIO RAMIREZ.SR..G al Counsel R:\KarenTiles\BAWA\Resolution\2009\FinalPayBAWA3OInchTransmissionLineProjectSettlement.doc 2