BAWA Resolution No. 2021-25 RESOLUTION NO. 2021-25
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY ACCEPTING THE MEDIATOR'S OFFER OF SETTLEMENT
WITH JONES & CARTER, INC., REGARDING THE BAYTOWN AREA WATER
AUTHORITY EAST SURFACE WATER TREATMENT PLANT; AUTHORIZING
AND DIRECTING THE GENERAL MANAGER TO EXECUTE AND THE
ASSISTANT SECRETARY TO ATTEST TO A SETTLEMENT AGREEMENT UNDER
TERMS AND CONDITIONS ACCEPTABLE TO THE GENERAL MANAGER AND
GENERAL COUNSEL; AUTHORIZING PAYMENT BY THE BAYTOWN AREA
WATER AUTHORITY IN THE AMOUNT OF ONE HUNDRED NINETY-FIVE
THOUSAND AND NO/100 DOLLARS (S195,000.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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
the Mediator's Offer of Settlement with Jones & Carter, Inc.,regarding the Baytown Area Water Authority
East Surface Water Treatment Plant,which offer is attached hereto as Exhibit "A" and incorporated herein
for all intents and purposes.
Section 2: That the Board of Directors of the Baytown Area Water Authority authorizes and
directs the General Manager and Assistant Secretary to execute and attest to a Settlement Agreement with
Jones & Carter, Inc., regarding the Baytown Area Water Authority East Surface Water Treatment Plant in
accordance with the offer approved in Section 1 and under terms and conditions acceptable to the General
Manager and the General Counsel.
Section 3: That the Board of Directors of the Baytown Area Water Authority authorizes
payment to Jones & Carter, Inc., in the amount of ONE HUNDRED NINETY-FIVE THOUSAND AND
NOI100 DOLLARS ($195,000.00) in accordance with the Settlement Agreement authorized in Section 2
hereinabove.
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 3rd day of November, 2021.
BRENDA BRADLEY SMITH, President
ATTEST: �N SJ�1NA-r!��`�.
5=_
ANGELA JANSON, Assistane r
APPROVED AS TO FORM:
KAREK L. HORNER, General Counsel
R:IKaren liomerlDocuments\Files\BAWA\Resolution1202I\November 31.Resolution-AcceptMediator'sOffero[Settlement(Jones&Carter).docx
Exhibit"A"
BAYTOWN AREA WATER §
AUTHORITY §
Claimant, §
V. §
JONES CARTER ENGINEERING §
Respondent. §
MEDIATOR'S OFFER
The number below is the settlement amount suggested by the mediator. Each side will
only have the opportunity to accept or reject. If both parties accept, the case is settled, with
settlement documents, logistics and release language to be agreed upon by counsel. If one or both
reject this suggested offer the case will not be settled, and an impasse will be declared. Please
respond confidentially to the mediator not later than noon, Friday October 22, 2021.
Baytown Area Water Authority shall pay to Jones Carter Engineering the settlement sum of
$1951000.00
BAYTOWN AREA WATER
AUTHORITY accept reject
JONES CARTER
ENGINEERING accept reject