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BAWA Resolution No. 2011-04 RESOLUTION NO. 2011-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY DECLARING AN EMERGENCY; AUTHORIZING '['HE GENERAL MANAGER OF THE BAYTOWN AREA WATER AUTHORITY TO EXECUTE A CONTRACT FOR EMERGENCY REPAIRS TO BAWA'S 30-INCH WATER .LINE LOCATED ON CEDAR BAYOU LYNCHBURG ACROSS FROM EAST ROAD; AUTHORIZING PAYMENT BY THE BAYTOWN AREA WATER AUTHORITY, IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE'I'IIERF.OF. WHEREAS, the Baytown Area Water Authority's 30-inch water line located on Cedar Bayou Lynchburg across from East Road(the "Line")has broken and is leaking;and WHEREAS, water from the Line bubbling to the surface; and WHEREAS, water is coming out faster than it was when the break was first discovered;and WHEREAS, there is a real potential for undermining of thebridge abutment if the break is not repaired as soon as possible;.and WHEREAS, the Baytown Area Water Authority authorized ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00); on Much 1, 2011, to repair this line by removing the damaged portion of the pipe from the casing;and WHEREAS, the pipe is not coming out of the casing the way it was projected to and will require an open cut procedure to replace this.section of the pipe; and WHEREAS, to preserve the health, safety and well-being of the residents of the City of Baytown,who are.service residents; immediate repairs are necessary;NOW THEREFORE- BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section I: 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 hereby declares an emergency because of the existence of an imminent threat to public health .and .safety and/or a reasonably unforeseeable situation due to the findings contained in the recitals. Section 2: That subject to the approval of the City Council of the City of Baytown, Texas; the Board of Directors of the Baytown Area Water Authority hereby authorizes the General Manager of the Baytown Area Water Authority to execute contract for emergency repairs to BAWA's 30-inch water line located on Cedar Bayou Lynchburg across from East Road under terms and conditions satisfactory to the General Manager and General Counsel. Section 3: That subject to the approval by 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 the payment of an amount of ONE HUNDRED TWENTY-FIVE THOUSAND ANDNO/100 DOLLARS($125,000.00)consistent with the agreement to be executed by the General Manager. 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"fWHNTY-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: 9"his resolution shall take effect itnmediately f onn and xRer its passage by the Board of Directors of the Baytown Area Water Authority, INTRODUCED, READ and PASSED, by the of rruative vote of the Board of Directors of the Baytown Area Water Authority this the 18th clay of March,2011. - ..��ll B EN'Dr1 BRA DI EY SN 1. Prosid nt AT ES t...... of JAS( N As is tetary --- OF APPRO AS'i O VO M: ACIO RAM IRI/, SR., Gene rl oursiO R.AkmenNllvtV3A\VAV2uahRionA201 IANnrcIrHAW A4:mergencyRepuirAgreemviiI I w,doe 2