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BAWA Resolution No. 2011-08 RESOLUTION NO. 2011-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY REPEALING RESOLUTION NO. 2011-07 PASSED ON APRIL 20, 2011, AUTHORIZING AN AGREEMENT WITH T & C CONSTRUCTION, LTD., FOR THE CDBG NON-HOUSING, BAWA EMERGENCY POWER IMPROVEMENTS PROJECT IN THE AMOUNT OF TWO MILLION NINE HUNDRED THIRTY-EIGHT THOUSAND AND NO/100 DOLLARS ($2,938,000.00), SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF BAYTOWN; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Baytown Area Water Authority advertised for bids for the CDBG Non- Housing,BAWA Emergency Power Improvements Project(the"Project")to be received on April 5, 2011; and WHEREAS, notice to bidders as to the time and place, when and where the bids would be publicly opened and read aloud was published; and WHEREAS, all bids were opened and publicly read at City Hall at 2:00 o'clock p.m., Tuesday, April 5, 2011, as per published notice to bidders; and WHEREAS, after considering the recommendation of BAWA's engineer as well as the information presented to the Board of Directors at its April 20th meeting, the Board passed Resolution No. 2011-07 awarding the bid to T&C Construction,Ltd.,the lowest responsible bidder, whose bid will be most advantageous to BAWA and will result in the best and most economical completion of the Project; and WHEREAS, after such award, it was determined that the bid tabulation provided by BAWA's outside engineer was calculated differently than how T&C Construction,Ltd.,calculated its bid; and WHEREAS, a new bid tabulation was generated using the methodology used by T & C Construction,Ltd.,and T&C Construction,Ltd.,remains the lowest responsible bidder whose bid will be most advantageous to BAWA and will result in the best and most economical completion of the Project; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section 1: That Resolution No. 2011-07 is hereby repealed in its entirety. Section 2: That subject to the approval of the contract and of the transfer of grant funds in the CDBG Disaster Recovery Entitlement Grant to the Project by the City Council of the City of Baytown,Texas,the Board of Directors of the Baytown Area Water Authority hereby accepts the bid of T&C Construction,Ltd.,for the CDBG Non-Housing,BAWA Emergency Power Improvements project, including bid alternates 1,2, and 3, according to the plans and specifications set forth by BAWA's Engineer in an amount of TWO MILLION NINE HUNDRED THIRTY-EIGHT THOUSAND AND NOII00 DOLLARS ($2,938,000.00);and authorizes payment thereof,and the General Manager:and the Assistant Secretary of the Baytown Area Water Authority are hereby authorized and directed to execute and attest to a contract with T & C Construction, Ltd„ for the above-described project, said contract containing the plans,specifications, and requirements of the BA WA's engineer and appropriate bond requirements in accordance with the provisions of'lexav Government Code, Chapter 2253. 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 TR ENTY-FIVE'tHOUSAND A.ND NO(100 DOLLARS ($25,000.00) or less; however, the aggregate of the change orders may not increase the original contract price by more than ten percent(10%). Section4:. ']'his resolution shall take effect immediately firom and after its passage by the Board of Directors of the Baytown Area Water Authority. INTRODUCED,READ and PASSI3D by the af$rtrative vote of the Board orDirectors of the Baytown Area Water Authority this the 25°i day of May, 2011, d BRl?NDA BRAllL1;Y SM] Pusident Al IIT�"F: �ssrtju�tlSsilsrr' ;. ICIA BR YSC$c. K c2rc z '"nttp,Nat+id'a4�t*'��4 APPROVED AS TO pnR'M: �, ro GNACIO RAMIRIi/, $R Ci octal Counsel R reef I iI,RAWARcn11fo1\.ol1 t"f.0aGNan H. _" wL neorumt 0nprov�n,w,1HAWAP'rP .... ed doe 2