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BAWA Resolution No. 2021-19 RESOLUTION NO. 2021-19 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY ACCEPTING THE BAYTOWN AREA WATER AUTHORITY 6 MGD SURFACE WATER TREATMENT PLANT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWO MILLION EIGHT HUNDRED SIXTY-THREE THOUSAND FOUR HUNDRED TWENTY- THREE AND 58/100 DOLLARS ($2,863,423.58) TO PEPPER LAWSON WATERWORKS, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Baytown Area Water Authority ("BAWA") contracted with Pepper Lawson Waterworks, LLC, for the BAWA 6 MGD Surface Water Treatment Plant Project(the "Project"); and 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 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 BAWA 6 MGD Surface Water Treatment Plant 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 the contractor; and WHEREAS, there remains due and owing to Pepper Lawson Waterworks, LLC, the sum of TWO MILLION EIGHT HUNDRED SIXTY-THREE THOUSAND FOUR HUNDRED TWENTY-THREE AND 58/100 DOLLARS ($2,863,423.58); NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section 1: That, subject to the approval of Change Order 13 by the City Council of the City of Baytown, Texas, 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, subject to the approval of Change Order 13 by the City Council of the City of Baytown, Texas, the Certificate of Final Acceptance heretofore issued by the Baytown Area Water Authority's engineer and certified to the Board of Directors of the Baytown Area Water Authority is hereby accepted and received. Section 3: That, subject to the approval of Change Order 13 by the City Council of the City of Baytown, Texas, final payment to Pepper Lawson Waterworks, LLC, in the amount of TWO MILLION EIGHT HUNDRED SIXTY-THREE THOUSAND FOUR HUNDRED TWENTY-THREE AND 58/100 DOLLARS ($2,863,423.58) is hereby authorized. Section 4: 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 271h day of September, 2021. /;x4o-� RENDA BRADLEY SMITH, President ATTEST: PW ATFR GS ANGELA ACKSON, Assistant Sz t A APPROVED AS TO FORM: 4441t{�11(tttko`� KAREN L. HORNER, General Counsel R:\Karen Homer\Documents\Files\BAWA\Resolution\202 I\September 2 AResolution-Closeout(BA WA 6 MGD S WTP).doez 2