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Resolution No. 2025-19RESOLUTION NO. 2025-19 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY AUTHORIZING THE FIRST AMENDMENT TO THE PROGRESSIVE DESIGN BUILD AGREEMENT BETWEEN THE BAYTOWN WATERWORKS PARTNERS, A MCCARTHY BUILDING COMPANIES, INC., AND CAROLLO ENGINEERS, INC., JOINT - VENTURE AND THE BAYTOWN AREA WATER AUTHORITY FOR THE BAYTOWN AREA WATER AUTHORITY EAST SURFACE WATER PLANT PHASE 2 EXPANSION PROJECT TO ADD A GUARANTEED MAXIMUM PRICE; 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 approves the First Amendment to the Progressive Design Build Agreement between the Baytown Waterworks Partners, a McCarthy Building Companies, Inc., and Carollo Engineers, Inc., Joint -Venture, and the Baytown Area Water Authority for the Baytown Area Water Authority East Surface Water Plant Phase 2 Expansion Project to add a guaranteed maximum price. Such amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 3: 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 10`h day of December, 2025 /RENDA BRADLEY SMI , President A ST: �ttlllll��� A _= ANGELA CKSON, Assists o CD ;D S �Y� APPROVED AS TO FORM: KRISTIN HOLMES, Assistant General Counsel R:\Ordinances and Resolutions\Resolution Drafts\BAWA\2025-12-10\Authorizing First Amendment to the Progressive Design Build Agreement for the BAWA East Surface Water Plant Phase 2 Expansion Project.kh.docx EXHIBIT "A" AMENDMENT #1 TO PROGRESSIVE DESIGN -BUILD AGREEMENT This Contract Price Amendment or Amendment No. 1 ("Amendment"), dated 12/11/2025 ("Amendment Effective Date"), is entered into by and between Baytown Waterworks Partners, having an address at 15415 Market Street, Channelview, Texas 77530 ("Design -Builder"); and Baytown Area Water Authority, having an address at 7425 Thompson Rd, Baytown, TX 77521 ("Owner"), and amends the parties' DBIA 545 Progressive Design -Build Agreement for Water and Wastewater Projects dated August 22, 2024 ("Original Agreement"). BACKGROUND A. The parties previously executed the Original Agreement related to the BAWA East Surface Water Treatment Plant Phase II Expansion ("Project"); and B. In exchange for mutual promises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties now desire to amend the Original Agreement to clarify (i) the reallocation of allowance underruns; (ii) each party's obligations with respect to tariff impacts and owner -furnished equipment; and (iii) terms related to phased Substantial Completion of the Project and Phase 2 updates, and update other relevant provisions, as provided in this Amendment. AGREEMENT 1. The parties agree to amend Article 5.3.1 of the Original Agreement, titled, "Contract Time," to clarify the date of Substantial Completion, which will be [date]. Accordingly, Article 5.3.1 of the Original Agreement is deleted in its entirety and replaced with the following: 5.3.1 Substantial Completion of the entire Work shall be achieved no later than Eight hundred sixty-nine (869)calendar days after the Date of Commencement ("Scheduled Substantial Completion Date'). 2. The parties agree to amend Article 5.6 of the Original Agreement, titled, "Contract Time," to clarify the applicable amount for liquidated damages. Accordingly, Article 5.6 of the Original Agreement is deleted in its entirety and replaced with the following: 5.6 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving Substantial Completion, Interim Milestone Dates (if any) or Final Completion. E Owner and Design -Builder agree that the maximum aggregate liability Design - Builder has for any liquidated damages that may be assessed under this Agreement shall be two -hundred and forty thousand Dollars ($240, 000). E In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 of the General Conditions of Contract, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price for those events set forth in Section 8.2.1 of the General Conditions of Contract, provided, however, for Force Majeure Events, Design -Builder shall be entitled to an increase in the Contract Price providing that: (i) said events must exceed 5 cumulative days before Design -Builder is entitled to additional compensation: and (ii) said additional compensation shall be limited to the direct costs and expenses Design -Builder can demonstrate it has reasonably actually incurred as a result of such event. 3. The parties agree that Contract Price will be based on Design -Builder's Fee plus the Cost of the Work, subject to a GMP. Accordingly, the parties agree to amend the Original Agreement to delete Article 6.2 in its entirety. 4. The parties agree to amend Article 6.6.1 of the Original Agreement, titled, "Cost of the Work," to clarify the applicable GMP and General Conditions Cap. Accordingly, Article 6.6.1 of the Original Agreement is deleted in its entirety and replaced with the following: 6.6.1 ® Design -Builder guarantees that it shall not exceed the GMP of sixty-nine million, seven hundred eighty-two thousand, eight hundred sixty-one Dollars ($69, 782, 861). Documents used as basis for the GMP shall be identified as the Contract Price Amendment to this Agreement. Design -Builder does not guarantee any specific line item provided as part of the GMP, provided, however, that it does guarantee the line item for its general project management and general conditions costs, in the amount of Five million, seven hundred forty-three thousand, nine hundred twenty-two Dollars ($5,743,922), and as set forth in the Contract Price Amendment ("General Conditions Cap'). Design -Builder agrees that it will be responsible for paying the applicable general conditions costs in excess of the General Conditions Cap, as well as be responsible for all costs of completing the Work which exceed the GMP, as said general conditions line item and the GMP may be adjusted in accordance with the Contract Documents, including but not limited to the markups for Change Orders set forth in Section 6.3 herein. 5. The parties agree to amend Article 6.6.2 of the Original Agreement, titled, "Cost of the Work," to clarify the applicable amount of Contingency included in the GMP. Accordingly, Article 6.6.2 of the Original Agreement is deleted in its entirety and replaced with the following: 6.6.2 The GMP includes a Contingency in the amount of Three million, eight hundred twenty- two thousand, fifteen Dollars ($3,822,015) which is available for Design -Builder's exclusive use for unanticipated costs it has incurred that are not the basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs may include: (a) trade buy-out differentials; (b) overtime or acceleration; (c) escalation of materials; (d) correction of defective, damaged or nonconforming Work, design errors or omissions, however caused; (e) Subcontractor defaults, or (f) those events under Section 8.2.2 of the General Conditions of Contract that result in an extension of the Contract Time but do not result in an increase in the Contract Price. The Contingency is not available to Owner for any reason, including changes in scope or any other item which would enable Design -Builder to increase the GMP under the Contract Documents. Design -Builder shall provide Owner notice of all anticipated charges against the Contingency, and shall provide Owner as part of the monthly status report required by Section 2.1.2 of the General Conditions of Contract an accounting of the Contingency, including all reasonably foreseen uses or potential uses of the Contingency in the upcoming three (3) months. Design -Builder agrees that with respect to any expenditure from the Contingency relating to a Subcontractor default or an event for which insurance or bond may provide reimbursement, Design -Builder will in good faith exercise reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety or insurance company. Design -Builder agrees that if Design -Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency. If the amount of contingency spent by the Design -Builder is less than the amount shown above by the time of the Final Payment the difference will be considered savings and will be shared fifty percent (50%) to the Design -Builder and fifty percent (50%) to Owner. 6. The parties agree to delete Article 6.6.3 "Savings" in its entirety from the Original Agreement. 7. The parties agree to amend Article 6.7.5 of the Original Agreement, titled, "Allowance Items and Allowance Values," to clarify that Design -Builder may reallocate underruns from one Allowance Item to another Allowance Item, with written notice to and approval from the Owner. Rev. 11-09-2015 Page 2 of 6 Accordingly, Article 6.7.5 of the Original Agreement is deleted in its entirety and replaced with the following: 6.7.5 Design -Builder may, with prior written notice to and approval from Owner, reallocate underruns from one Allowance Item to offset overruns in another. Notwithstanding the foregoing, whenever the actual costs for an Allowance Item are more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 6.7.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design -Builder for the particular Allowance Item and the Allowance Value. 8. The parties agree to amend the Original Agreement to clarify the list of exhibits and documents after the execution of the Contract Price Amendment. Accordingly, Article 11.2 of the Original Agreement is deleted in its entirety and replaced with the following: 11.2 Listing of Exhibits and documents incorporated herein: Exhibit A — Owner's Project Criteria Exhibit B — Scope of Services Exhibit C — DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design -Builder Modified (2022 Edition) ("General Conditions of Contract') Exhibit D — Change Order No. 1 Exhibit E — Contract Price Amendment Exhibit F — Substantial Completion Certificate template Exhibit G — Price proposal and supporting documents 9. The parties agree to amend the Original Agreement to clarify each party's respective responsibilities for tariff -related impacts occurring before and after execution of the Contract Price Amendment. Accordingly, the Original Agreement is amended to add a new Article 13, titled "Tariff - Related Impacts," which contains the following language: Article 13 Tariff -Related Impacts 13.1 All tariffs, duties, or similar import or export fees that are being enforced as of the date of execution of the Contract Price Amendment, as well as all price increases known to Design -Builder at that time caused by taxes, duties, tariffs, or trade actions, are included in the Contract Price Amendment and are the responsibility of Design -Builder. Any unknown or unexpected impacts related to taxes, duties, tariffs, trade actions, or similar causes beyond Design -Builder's reasonable control, as well as any new or increased fees imposed by actions of government or authorities or becoming effective after the date of execution of the Contract Price Amendment, will entitle Design -Builder to a Change Order adjusting the Contract Price and Contract Time. Design -Builder shall promptly notify Owner in writing of any such new or changed impact and provide documentation reasonably satisfactory to Owner to demonstrate such impact. For the avoidance of doubt, this clause does not apply to general price escalation or other market changes unrelated to price or schedule impacts related to taxes, duties, tariffs, trade actions, or similar causes. 10. The parties agree to amend the Original Agreement to clarify obligations with respect to Owner - Furnished Equipment. Accordingly, the Original Agreement is amended to add a new Article 14, titled "Owner -Furnished Equipment," which contains the following language: Article 14 Owner -Furnished Equipment Rev. 11-09-2015 Page 3 of 6 14.1 Any equipment or materials to be furnished by Owner for incorporation into the Work ("Owner -Furnished Equipment') shall be specifically identified in the Contract Documents and timely ordered by Owner. Owner shall contract directly with the vendor and remain responsible for ensuring that Owner -Furnished Equipment is delivered to the Project site in a timely manner, free of defects, and in proper condition for installation. Design -Builder will assist Owner in facilitating the process, including coordinating delivery, reviewing submittals, and participating in inspection of Owner - Furnished Equipment. Notwithstanding such assistance, Owner shall remain responsible for correcting any defects, delays, loss, damage, nonconformance, or performance issues related to Owner -Furnished Equipment provided the cause of the issues is determined to be equipment and not installation related. Design -Builder shall be entitled to an equitable adjustment to Contract Time and Contract Price for any delays or additional costs arising from Owner -Furnished Equipment. All product warranties related to Owner -Furnished Equipment shall run directly from the vendor to Owner. 11. The parties amend Article 1.2.19 of the Standard Form of General Conditions of Contract Between Owner and Design -Builder (the "General Conditions"), titled "Basic Definitions," to clarify the definition of Substantial Completion to address Substantial Completion for designated portions of the Work. Accordingly, Article 1.2.19 of the General Conditions of the Original Agreement is deleted in its entirety and replaced with the following: 1.2.19 Substantial Completion or Substantially Complete means the date on which the Work, or designated portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or such portion for its intended purposes. For the avoidance of doubt, the date of Substantial Completion of the Work, or any designated portion thereof, shall be the date of issuance of the applicable Certificate of Substantial Completion, and all rights, obligations, and time periods under the Contract Documents that are tied to Substantial Completion, including without limitation transfer of risk of loss, commencement of warranties, and reduction of retainage, shall run from such date for the applicable portion of the Work. 12. The parties amend Article 6.6 of the General Conditions, titled "Substantial Completion," to clarify and expand the provisions relating to Substantial Completion of portions of the Work. Accordingly, Article 6.6 of the General Conditions of the Original Agreement is deleted in its entirety and replaced with the following: 6.6 Substantial Completion. 6.6.1 Design -Builder shall notify Owner when it believes the Work, or a portion of the Work, is Substantially Complete. Within thirty (30) days of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. If such Work is Substantially Complete, Owner shall prepare and issue a Certificate of Substantial Completion in the form attached as Exhibit F, which shall set forth: (i) a clear description of the Work considered Substantially Complete; (ii) the date of Substantial Completion of the Work or a designated portion thereof,- (iii) the remaining items of Work to be completed before final payment; (iv) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design -Builder's responsibility for the Project's security, maintenance, utilities, and insurance of such Substantially Completion Work pending final payment; and (v) an acknowledgment that warranties for such Work commence to run on the date of Substantial Completion for that portion of the Work, except as may otherwise be noted in the Certificate of Substantial Completion. 6.6.2 Upon Substantial Completion of the entire Work or any designated portion, Owner shall release to Design -Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the applicable Certificate of Substantial Completion. Rev. 11-09-2015 Page 4 of 6 6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for such portion of Work addressing the items set forth in Section 6.6.1 above; (ii) Design -Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project; and (iii) Owner and Design -Builder agree that Owner's use or occupancy will not interfere with Design -Builder's completion of the remaining Work. 6.6.4 As of the date of Substantial Completion for each designated portion of the Work, Owner shall accept care, custody, and control of that portion or phase, and shall thereafter be responsible for security, maintenance, heat, utilities, damage to the Work, and insurance with respect thereto. Warranties for such portion shall commence to run on the date of Substantial Completion identified in the applicable Certificate of Substantial Completion. Payment and performance bonds furnished by Design -Builder shall no longer apply to the portion of the Work certified as Substantially Complete, except to the extent of obligations expressly identified in the applicable Certificate of Substantial Completion. 6.6.5 The parties shall identify in writing any scopes of Work designated for early Substantial Completion, which may include, without limitation, the Ground Storage Tank, LLPS, TPS, and HSPS. For each portion of the Work designated for early Substantial Completion, the scope considered Substantially Complete shall be clearly defined in the applicable Certificate of Substantial Completion. 13. The parties amend the Original Agreement to add the Certificate of Substantial Completion attached to this Amendment as a new Exhibit F of the Agreement. The parties agree that this certificate will be used as the Certificate of Substantial Completion for all Work and is hereby added to the Original Agreement as Exhibit F. 14. The parties amend the Original Agreement to add in the Price Proposal as a new Exhibit G of the Agreement. The parties agree that the price proposal will be used as the basis for the GMP and is hereby added to the Original Agreement as Exhibit G. 15. This Amendment contains the entire agreement between the parties with respect to the subject matter and supersedes any prior representations or agreements, oral or written, and all other communications between the parties relating to the subject matter. All other provisions, terms and conditions of the Agreement shall remain unchanged and in full effect. 16. Any definitions used in this Amendment that are not defined in this Amendment will have the meanings provided in the Original Agreement. In the event of a conflict between this Amendment and the Original Agreement, this Amendment governs with respect to the subject matter. 17. This Amendment may be signed in one or more counterparts (including faxed copies and any electronic or digital format), each one of which is considered an original, but all of which constitute one and the same instrument. Rev. 11-09-2015 Page 5 of 6 AGREED: OWNER: DESIGN-BUILDER: �L W� W.C�C'-�l4Y�s�riners (Name of Owner) (Wme of Design -Builder) (Signature) ,(&Ignature) (Printed Name) (Printed Name) T- e Vt^ �"Jhd_ (Title) (Title) tl : 4 j,r- Date: Date: Rev. 11-09-2015 Page 6 of 6 tmoa r CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: (Name and Address) TO OWNER: (Name and Address) DATE OF ISSUANCE: Owner ❑ Owner Advisor ❑ Design -Builder ❑ PROJECT NO.: CONTRACT FOR: CONTRACT DATE: TO DESIGN -BUILDER: (Name and Address) THIS CERTIFICATE OF SUBSTANTIAL COMPLETION APPLIES TO THE FOLLOWING SPECIFIED PORTIONS OF THE WORK (if portion of work attach an exhibit): The Work performed under this Contract has been reviewed and found, to Owner's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Design -Builder to complete all Work in accordance with the Contract Documents. OWNER'S ADVISOR BY The Contractor will complete or correct the Work on the list of items attached hereto within the above date of Substantial Completion. DESIGN -BUILDER BY DATE DATE days from The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time) on (date). OWNER BY DATE The responsibilities of the Owner and the Design -Builder for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: As of the date of Substantial Completion the Owner shall be responsible for security, maintenance, heat, utilities, damage to the Work and insurance. Exhibit G BA WA East Surface Water Treatment Plant Expansion r t 70%Guaranteed Maximum Price & Phase 2 Price Proposal R1 Organized by Bid Package Description November 2025 70 % G M P BWP CARRIED COSTS Bid Package 1. Civil Contractor $ 6,947,504 CRUSHED AGGREGAGE PAVING _ $ 200,000 EARTHWORK $ 2,810,363 YARD PIPE $ 3,937,141 Bid Package 2. Structure Contractor $ 6,251,089 CONCRETE PAVING $ 362,016 STRUCTURAL CONCRETE $ 5,697,201 DEMO $ 191,872 Bid Package& Process Mechanical $ 1giBf,993 PROCESS PIPING $ 7,187,911 PROCESS EQUIPMENT $ 3,001,020 Bid Package 4. DesinBuilderDirectProcured $ 2,998,921 PULSED BED CLARIFIER by Owner VERTICAL PUMPS $ 1,873,733 FILTERS $ 824,888 Bid Package S. Design Builder Construction Management $ 8,001,386 GENERAL CONDITIONS $ 5,743,922 GENERAL REQUIREMENTS $ 1,548,456 MOPOs $ 220,168 STARTUP AND COMMISSIONING $ 488,840 Bid Package S. Electrical $ 2,673,447 Bid Package 7. Ground Storage Tank $ 4,2KSI28 WATER/WASTEWATER UTILITY STORAGE TANKS (GST) $ 3,668,628 GROUND IMPROVE MENTS/GEOPIERS $ 711,300 Bid Packa a 8. Instrumentation, Controls, Integration & Pro ramming $ 4360 Instrumentation & Controls $ 1,751,210 Programming & Integration $ 1,594,140 Bid Package 9. Pre -Engineered Metal Building Package $ 702,396 Bid Package 10. Architectural Trades $ 2,286,531 MASONRY $ 226,000 MISC METALS $ 750,000 FINISH CARPENTRY $ 12,500 WATERPROOFING $ 15,000 DOORS & FRAMES $ 80,000 OVERHEAD COILING DOORS $ 55,000 WINDOWS AND GLAZING 5 5,000 PLASTER & GYP BOARD $ 100,000 TILE $ 15,000 FLOORING $ 20,000 PAINTING AND COATINGS $ 235,000 MISC. SPECIALTIES $ 11,000 FIRE SPRINKLER $ 50,720 PLUMBING $ 338,995 HVAC $ 212,160 LANDSCAPING $ 131,290 HOIST (MONORAIL IN PEMB) $ 28,866 Allowances $ 425,000 DEWATERING ALLOWANCE $ 60,000 WEATHER EVENT ALLOWANCE $ 85,000 PRETREAT SHORING, BAFFLES & EXISTING OPERATING SUPPORT ALLOWANCE $ 280,000 Subtotal Direct Costs S 47,775,193 Contingencies & Escalation Cast Design & Estimating Contingency 4.0% $ 1,911,007 Escalation Contingency 0.0% Construction Contingency 4.0% $ 1,911,007 Subtotal Contingencies & Escalation Costs $ 3,822,015 Indirect Costs: Phase 2: Finish Design & Construction Administration $ 3,798,071 Bonds &Insurance $ 2,532,559 Design Build Fee 19.25%1 $ 5,358,324 Subtotal GCs & Fee Cost S 11,6BB,954 Phase 1: Preliminary Design to 90% S 6,496,709 Total Design BuBde►GMP S IiB,J�2,B61 BAWA EAST SURFACE WATER TREATMENT PLANT PHASE II EXPANSION PROJECT Basis of Guaranteed Maximum Price I November 19, 2025 I Prepared by: Baytown Waterworks Partners BAWA East Surface Water Treatment Plant Phase II Expansion Project BASIS OF GMP Table of Contents Section 1 - Basis of GMP 1.1 Document Listing 1 1.1.1 Contract 1 1.1.2 Preliminary Design Report 1 1.1.3 Plans 1 1.1.4 Specifications 1 1.1.5 Addenda 1 1.1.6 Geotechnical Data 2 1.1.7 As -Built Drawings 2 1.2 BWP Self -Perform Bids for Bid Packages 1, 2, 3, 5, 8 2 1.3 Trade Partner Bids for Bid Packages 4, 6, 7, 9, 10 2 1.4 Proposed BWP Allowances 2 1.4.1 Dewatering Allowance 2 1.4.2 Weather Event Allowance 3 1.4.3 Pretreat Shoring, Baffles & Existing Operating Support Allowance 3 1.5 Proposed Owner Allowances 4 1.5.13rd Party Testing/Inspection Allowance 4 1.5.2 Maintenance Building FFE Allowance 4 1.5.3 Other Allowances as determined by Owner 4 1.6 Contingency 4 1.7 Design & Estimating Contingency 5 1.8 Construction Contingency 5 1.9 Owner Contingency 5 Section 2 : Assumptions and Clarifications 2.1 General Assumptions and Clarifications 5 2.2 Design Completion 6 2.2.1 General Assumptions 6 2.2.2 Design Finalization 7 2.3 Engineering Services During Construction 7 BAWA East Surface Water Treatment Plant Phase II Expansion Project BASIS OF GMP 2.3.1 General Assumptions 7 2.3.2 Office Services During Construction 7 2.3.3 Training and Operations Manual 8 2.3.4 Start-up and Commissioning 8 2.3.5 Continuous Operations Period 9 2.3.6 TCEQ "Step 2" Permitting 9 2.4 Permitting 9 2.5 Bid Package 1— Civil Contractor 10 2.5.1 Earthwork 10 2.5.2 Yard Piping 10 2.6 Bid Package 2 — Structural Contractor 10 2.7 Bid Package 3 — Process Mechanical 10 2.8 Bid Package 6 — Electrical 11 2.9 Bid Package 10—Architectural Trades 11 2.9.1 Savings from IFC Bids for Bid Package 10 11 2.9.2 Landscape 11 BAWA East Surtace Water Treatment Plant Phase II Expansion Project ' E91IKe= Revision History October 31, 2025 Original - Submitted with GMP Submitted after 11.12.25 & 11.14.25 GMP Meetings Submitted after 11.18.25 BAWA/BGE/BWP Meeting Rev 0 November 14, 2025 Rev 1 November 19, 2025 Rev 2 BAWA East Surtace Water Treatment Plant Phase II Expansion Project BASIS OF GMP Abbreviations AACEI Association for the Advancement of Cost HFS Hydrofluorosilicic Acid Estimating International ADA American Disability Act HSPS High Service Pump Station AIS American Iron & Steel HVAC Heating, ventilation, and air conditioning AISC American Institute of Steel Construction IFC Issued for Construction ARV Air Release Valve LAS Liquid Ammonium Sulfate ASTM American Society for Testing and Materials LBS Pounds AVV Air & Vacuum Valve LLPS Low Lift Pump Station AWS American Welding Society LF Linear Feet AWWA American Water Works Association MGD Million Gallons per Day BABA Buy America Build America Act MOPO Maintenance of Plant Operation BAWA Baytown Area Water Authority NDT Non Destructive Testing BGE BGE, Inc. OA Owner's Advisor BGE- BGE Construction Inspection Team OF Overflow CM BW Backwash PA Process Air BWP Baytown Waterworks Partners PDB Progressive Design -Build BWS Backwash Sludge PEMB Pre -Engineered Metal Building CLSM Controlled Low -Strength Material PLC Programmable Logic Controller CIVIL Cement Mortar Lined PMEP Project Management & Execution Plan CMU Concrete Masonry Units PMP Project Management Plan CP Cationic Polymer PS Pump Station CPM Critical Path Method PVC Polyvinyl Chloride CS Caustic Soda PW Potable Water CSI Construction Specifications Institute QA Quality Assurance CUS Copper Sulphate QC Quality Control CY Cubic Yard RCP Reinforced Concrete Pipe DB Design -Build RFI Request For Information DIP Ductile Iron Pipe ROE Right of Entry DL Drain Line RW Raw Water DMS Document Management System SA Sample BAWA East Surtace Water Treatment Plant Phase II Expansion Project 10 %QKSJXC O DW Disinfected Water EIC Electrical, Instrumentation, and Controls EOM Electronic Operation Manual EPDM Ethylene Propylene Diene Monomer ESWTP East Surface Water Treatment Plant FAS Filtered Air System FFE Furniture, Fixtures, and Equipment FC Ferric Chloride FIW Filter Influent Water FTW Filter to Waste Water FW Filtered Water GIS Geographic Information System GMP Guaranteed Maximum Price HCSS Heavy Construction Systems Specialists HDPE High -Density Polyethylene SCADA Supervisory Control and Data Acquisition SH Sodium Hypochlorite SL Sludge Lagoons SPD Sump Pump Drain SW Settled Water SWV Sanitary Waste Vent TCEQ Texas Commission on Environmental Quality TDLR Texas Department of Licensing and Regulation TM Technical Memorandum TW Treated Water VAC Vacuum Air VNT Vent WBS Work Breakdown Structure WTP Water Treatment Plant ZP Zinc Phosphate BAWA East Surface Water Treatment Plant Phase II Expansion Project - Basis of Guaranteed Maximum Price BASIS OF GUARANTEED MAXIMUM PRICE Section 1- Basis of GMP 1.1 Document Listing The GMP was developed using the following documents listed below. 1.1.1 Contract Baytown Water Works Partners and BAWA Contract - Progressive Design Build Prepared By: Baytown Area Water Authority Notice to Proceed Dated: September 12, 2024 BAWA East Surface Water Treatment Plant Phase 2 Expansion - Change Order #1 Prepared By: Baytown Waterworks Partners Date of Issuance: June 18, 2025 1.1.2 Preliminary Design Report Baytown East Water Treatment Plant Expansion - Preliminary Design Report Prepared by: Baytown Waterworks Partners Submittal Date: August 2025 1 1.3 Plans Baytown Area Water Authority East Surface Water Treatment Plant Phase 2 Expansion - 70% Design Submittal Prepared By: Baytown Waterworks Partners Submittal Dated: August 2025 1.1.4 Specifications Baytown Area Water Authority East Surface Water Treatment Plant Phase 2 Expansion —Technical Specifications Prepared By: Baytown Waterworks Partners Submittal Dated: August 2025 1.1.5 Addenda BAWA East Surface Water Treatment Plant Phase 2 Expansion Addendum 1 Submittal Date: September 2, 2025 BAWA East Surface Water Treatment Plant Phase 2 Expansion Addendum 2 Submittal Date: September 12, 2025 BAWA East Surface Water Treatment Plant Phase II Expansion Project - Basis of Guaranteed Maximum Price BAWA East Surface Water Treatment Plant Phase 2 Expansion Addendum 3 Submittal Date: September22, 2025 BAWA East Surface Water Treatment Plant Phase 2 Expansion Addendum 4 Submittal Date: September 23, 2025 1.1.6 Geotechnical Data Geotechnical Investigation - Baytown Area Water Authority East Surface Water Treatment Plant Report No. G104-25 Reported to: Carollo Engineers, Inc. Prepared By: Aviles Engineering Corporation Submittal Date: August 2025 1.1.7 As -Built Drawings Baytown Area Water Authority Construction of 6 MGD Surface Water Treatment Plant - As -Built Submittal Prepared For: Baytown Area Water Authority Prepared By: Jones & Carter September 2017 1.2 BWP Self -Perform Bids for Bid Packages 1, 2, 3, 5, 8 The costs included in the GMP for trades that are being self -performed are based on BWP's thorough quantity survey and labor estimates. Those labor estimates are validated with our historical databases developed from the treatment plant projects that we have built. Material and equipment pricing is based on current, competitive market pricing. 1st tier bids were solicited via outreach event and newspaper advertisements; however, no other bids were received. Over 3,000 quantities and their associated unit pricing were provided to BGE on 10/07/25 and 10/24/25 respectfully. The bids include all materials, labor, labor burden, equipment, project supervision, and markups. 1.3 Trade Partner Bids for Bid Packages 4, 6, 7, 9, 10 The costs included in the GMP for trades that aren't being self -performed are based on trade partner bids. Each bid package has a scope sheet, which is a bid leveling tool used to evaluate the bids for each bid package. All 23 bid package scope sheets were shared with BGE on 10/24/25. All bids include all materials, labor, labor burden, equipment, project supervision, and markups. 1.4 Proposed BWP Allowances 1.4.1 Dewatering Allowance This allowance covers the risk of additional dewatering that may be needed on the site as a result of groundwater encountered below grade. The civil contractor's base bid includes 901f of wellpoints BAWA East Surface Water Treat ment Plan` Phase II Expansion Project - Basis of Guaranteed Maximum Price for a duration of 3 weeks for the deep manhole (PDMH-5A) but no additional dewatering wells are included in the cost of work. The basis of pricing for this allowance covers approximately 240 LF of well -point installation and removal for dewatering related to utility trenches and an approximately 410 LF of well -point installation and removal for the ground storage tank ground improvements. Both areas include approximately 3 months of well -point rental. 1.4.2 Weather Event Allowance Our GMP incorporates and anticipates 46 clean up days from weather events for the duration of this project. This is approximately 2 days for each month of active construction onsite, i.e. from start of construction (March 2026) until end of functional testing (February 2028). This allowance covers the costs associated with managing weather events on the project site in excess of the 2 days per month already included in the GMP. The cost basis for this allowance is a 3-person crew pumping water and de -mucking excavations, structures, and the general site for an additional 46 cleanup days (for a total of 4 days per month.) In addition, this weather allowance cost basis includes the pumping equipment and materials needed to support these pumping, de -mucking activities and cleanup activities. BWP recommends reconciliation of the weather allowance usage on a per month basis to accurately reflect the impacts using daily reports and weather reports while still fresh for the project team. In the event less than 2 weather days occur in a given month those allotted days will carry forward to the next month. 1.4.3 Pretreat Shoring, Baffles & Existing Operating Support Allowance This allowance is related to the excavation required for structural fill underneath the Pretreatment structure adjacent to the existing Pretreatment structure. The Geotechnical report requires 4' of structural fill beneath the concrete slab. Since the new structure is immediately adjacent to the structure there is a risk of undermining the existing structure during the excavation and backfill operations. However, during the original project construction it is reasonable to assume that structural fill was installed under the original structure and extends out approximately 3-5' and slopes to existing surface at a minimum of 1.5:1 slope. Once an initial excavation is completed, we will analysis the existing soils and determine if structural fill is already in place within the zone of influence of the existing structure. If this is the case, then there will be no need to excavate those materials. However, if it is determined that the existing soils within the zone of influence are not adequate forthe new structure then some alternate means of shoring or structural fill will need to be installed. The basis of pricing for this allowance is based on the installation of approximately 55 LF of shoring to support the existing structure during the excavation and backfill operations of the new pretreatment structure. In addition, this allowance is centered around the operating condition of existing equipment and structures onsite. Expansion of the plant will require tie into existing structures, pipelines and equipment onsite and understanding the condition of those existing conditions is not possible to ascertain until the work is being conducted. In addition, we recognize that plant operations could need assistance with existing equipment during the project. This allowance covers the costs of labor, materials and equipment to repair or replace existing equipment during construction that was intended to work without modification for the plant expansion. Possible examples of this could include, but is not limited to, existing waterstop at pretreatment, existing valves and piping both BAWA East Surface Water Treatment Plant Phase II Expansion Project - Basis of Guaranteed Maximum Price underground and above ground that will be tied into, existing slide gate operations, existing pumping and equipment that is being reused for plant expansion, any other existing condition that is determine needs repair/replacement in order for the plant expansion to function as intended. Finally, this allowance includes a defined amount for additional baffles in the event the specified baffling factor of 0.6 is not expected to be met following the completion of the CFD analysis. 1.5 Proposed Owner Allowances 1.5.1 3rd Party Testing/Inspection Allowance This allowance is a recommended budget set aside forthe owner provided 3,d Party Testing and Inspection services. Our GMP summary sheet has carried a value of $600k forthis allowance which is based on 1% of approximate Construction Value. 1.5.2 Maintenance Building FFE Allowance This allowance is a recommended budget set aside for the purchase of shelving equipment, furniture, tools, etc. that BAWA would like BWP to purchase and install within the new maintenance building storage area. The basis for budget includes approximately $20k in shelving and $20k in equipment/furniture. 1.5.3 Other Allowances as determined by Owner Any other allowances that the owner or owner advisor determines to be carried in this project budget that have not been previously discussed with BWP, such as tariffs and building permits in excess of the $10k currently carried in the GMP for permits. 1.6 Contingency The risk register is a tool used to inform the potential value of the contingency and identify focus areas to be managed throughout the project. However, the risk register should not be used as a menu to shift risk or reduce / eliminate line -item contingencies. As the project evolves through design and construction, some items' risks, and therefore costs, may be reduced, while new risk items will arise that may have a greater impact. This offsetting effect of evolving risks allows the contingency not to be overly inflated or too aggressive causing uncertainty and unnecessary fluctuations in project cost. Contingency history was also utilized to make sure the project is in line with previous experiences given the project's risk profile at the point in time when the GMP was delivered. The Cost Model contingencies are as follows: 4%for Design & Estimating contingency and 4%for Construction contingency which is in -line with prior experience given the level of design, project scope, estimate effort, as well as current and forecasted market conditions. Both Design & Estimating Contingency and Construction contingency are available for BWP's exclusive use and these contingencies are not available to the Owner for any reason per section 6.6.2 of the Owner/Design Builder agreement. Furthermore, we recommend BAWA includes 5% for Owner's Contingency. If the amount of contingency spent by the Design -Builder is less than the amount shown above by the time of the Final Payment the difference will be considered savings and will be shared fifty percent (50%) to the Design -Builder and fifty percent (50%) to Owner. BAWA East Surface Water Treatment Plant Phase II Expansion Project - Basis of Guaranteed Maximum Price No stated escalation contingency is included in the GMP. $47,204 is included in the direct costs to cover unknown material commodity, equipment, and subcontractor price increases between the GMP and award period (November 1, 2025 through the first quarter of 2026) for bid packages that are not being awarded until the design is 100% complete. 1.7 Design & Estimating Contingency Design & Estimating contingency is used to cover any construction costs stemming from detailed design development and estimating gaps that have yet been detailed in 70% design documents. A 4% Design & Estimating contingency has been included in the Cost Model. After IFC documents have been generated by the design team the documents will be reviewed in comparison with the 70% GMP documents to review cost and schedule implications. An IFC contingency request will be used to true -up bid values for all work packages as appropriate and applicable. The contingency request will be funded from the Design & Estimating Contingency. 1.8 Construction Contingency Construction contingency is defined in the Agreement under section 6.6.2 and used to cover any unforeseen construction costs that occur after ground has been broken and is funded from the design -builder's contingency bucket for the exclusive use of the design -builder. Some of these costs can be tied to anticipated risk events that are identified in the risk register. A 4% construction contingency has been included in the GMP. 1.9 Owner Contingency Owner contingency is used to cover any unforeseen construction costs that occur after ground has been broken and are funded from the owner's contingency bucket that are not covered under section 6.6.2 of the Agreement. Some of these costs can be tied to anticipated risk events that are identified in the risk register. We recommend BAWA include 5% owner contingency outside the GMP since owner's contingency is not included in the GMP. Section 2: Assumptions and Clarifications The following items are assumptions and clarifications for the GMP. 2.1 General Assumptions and Clarifications 1. Changes in Law, or governmental policy impacts due to tariffs, surcharges, or other force majeure cost impacts to construction related cost inputs after 10/30/2025 are not included. 1. Remediation of hazardous materials, if encountered, is not included. 2. BABA requirements are not considered in the GMP. 3. US Iron and Steel Requirements are considered in the GMP. 4. The cost of temporary power infrastructure has been estimated for limited and temporary construction needs only. Distribution of temporary power, water, and sewer connections have been included. 5. Temporary power shall be available for use during construction. 6. The GMP does not include any reoccurring fees or usage costs associated with BAWA East Surface Water Treatment Plant Phase II Expansion Project - Basis of Guaranteed Maximum Price the use of temporary water or electricity during construction. 7. Onsite field offices are included for Design -Builder staff, no office space is included for owner or owner advisor personnel during construction. 8. Owner Contingency is not included 9. 3rd Party Materials Testing/Inspection is not included 10. Telephone service is not included 11. Building Fixtures, Furniture or Equipment is not included 12. Owner Procured Equipment is not included 13. Sales tax for permanent materials is not included 14. Cost loaded project schedule is not included 15. Extended support for BAWA operations and maintenance staff are not included but can be provided upon request. 16. This GMP is based on BAWA providing a phase 2 notice to proceed on or before 1/5/2026 17. This GMP is based on TCEO providing their approval to the RP&B set of documents by 11/3/2025 and any other required approvals in line with an anticipated Phase 2 Notice to Proceed in early January. 18. This GMP is based on the TWDB providing their approval to the 300A documents by 11/7, and approval of the 400A documents and any other TWDB documents in line with an anticipated Phase 2 Notice to Proceed in early January. 19. The GMP includes the TWDB 300A and TWDB 400A forms as well as the monthly billing forms required by TWDB. 20. During assembly of the GMP and review of the 70% design documents the inclusion of additional sanitary sewer provision of the site were discussed between BWP and BGE. However, there is still ambiguity about what might be added to the project, therefore these additional sewer modifications, including the associated design costs, are not currently included in the GMP nor are they included in the 90% design documents recently transmitted. Post GMP approval we recommend a further detailed discussion with all parties to determine the best path forward related to Sanitary Sewer Master Planning for the project site. 21. Some project materials and equipment will be procured from sole- or limited -source vendors whose pricing assumes limitations of liability and other exclusions. BWP will use commercially reasonable efforts to seek more favorable terms, but such limitations are often required when procuring from limited -source vendors. If liability related to those vendors exceeds amounts recoverable from the applicable vendor, BWP may, with notice to the Owner, use then -available Contractor's Contingency to cover such amounts. If those costs exceed the remaining Contractor's Contingency, the balance will be funded from the Owner's Contingency. This does not expand BWP's liability beyond vendor recoveries plus any then -available contingency. 22. The GMP assumes that the Design -Builder can use then -available Contractor's Contingency to cover the costs of insurance deductible obligations. 2.2 Design Completion 2.2.1 General Assumptions 1. General project collaboration and coordination between BAWA and BWP, outside workshops and meetings, shall be facilitated through email, phone/Teams (screensharing), and the project specific Procore portal. BAWA East Surface Water Treatment Plant Phase II Expansion Project - Basis of Guaranteed Maximum Price 2. Submittals shall be provided in electronic copy (.pdf and .docx) and transmitted via email or secure file transfer such as Procore. All deliverables shall be electronic only unless hard -copies are specifically indicated. 3. Meeting minutes and reports will include both a draft version and a final version, unless specifically indicated otherwise. Final version will incorporate responses to comments on the draft version. If no comments are provided within a week, the draft version will be considered final. 4. BAWA staff will operate new and existing facilities during start-up and commissioning phase, as specified 5. BAWA will provide standard water quality testing for proving plant performance during the start-up and process performance period. 2.2.2 Design Finalization 1. BWP will produce a conformed set to be used for construction. 2. The Conformed design submittal will include electronic (PDF) copies of specifications and drawings, one set of hard copies of the specifications and one set of hard copies of the drawings in 22-inch by 34-inch format. 3. The preliminary design report will not be updated for the conformed design packages. 2.3 Engineering Services During Construction 2.3.1 General Assumptions 1. The Owner/Owner's agent will provide onsite construction contract administration, including on -site monitoring of construction progress, documenting observations, providing daily project logs and photographic project history. 2. The Owner/Owner's agent will coordinate and pay for all regulatory required third -party special inspection and testing as indicated in the plans and specifications. 2.3.2 Office Services During Construction 1. BWP will provide typical engineering office services during construction to confirm constructed elements meet the design intent. This includes submittal reviews, responses to requests for information, and a limited number of field observations (including regulatory required structural observation). 2. BWP design staff has included the following discipline and specialty staff to review work in progress and support field observations that may occur during construction. Civil 12 4 Structural 8 4 Electrical & 16 4 Instrumentation HVAC/Plumbing 3 1 Process 20 6 Architect 2 2 a. Geotech 6 2 No in -person factory witness testing is assumed. BWP shall review certified tests results, where indicated in the specifications, as part of the submittal review process. BWP will provide record drawings at the end of construction based on information provided by field staff. BAWA East Surface Water Treatment Plant Phase II Expansion Project - Basis of Guaranteed Maximum Price 2.3.3 Training and Operations Manual BWP staff will provide holistic plant operations and optimization training for the new infrastructure being installed. BWP's equipment vendors will provide vendor specific training on equipment, including specialized training on SP Clarifier operations. BWP will prepare updated sections of the WTP Operations and Maintenance Manual (O&M) for new facilities being constructed. Content of the O&M manual will be as required by TCEQ. A draft O&M manual will be produced with a final O&M manual following, incorporating BAWA comments. a. Content developed for the O&M will be for the following groups and can be developed in stages as needed as long as they adhere to the following groups. i. Low Lift Pump Station and Influent Flow Metering ii. New Pretreatment Super Pulsator iii. New Filtration System iv. Transfer Pump Station v. New Disinfection System and Ground Storage Tank vi. High Service Pump Station vii. Chemical Systems viii. Residuals Handling BWP will prepare standard operating procedures for the new processes provided, in coordination with BAWA. 2.3.4 Start-up and Commissioning BWP will develop a startup and commissioning plan during construction. The plan will describe the tests and procedures required for a safe and efficient startup and commissioning process. The Owner will need to concur with the startup and commissioning plan further developed during construction. BWP will provide functional testing of all new equipment and facilities being installed. This functional testing will confirm correct operation of all new equipment and facilities. The engineer will observe functional testing. The following durations are assumed for functional testing: a. Low Lift Pump Station (2 days) b. Pretreatment system (including flash mix) Q days) c. Filtration System (5 days) d. Transfer Pump Station (2 days) e. High Service Water Pump Station (2 days) f. Chemical Systems (5 days) g. Electrical Systems Testing (5 days) Start-up will follow after successful functional testing. Startup consists of supporting BAWA operations staff during initial full operation of each new facility. Start-up will occur in two stages in accordance with TCEQ requirements. In the first stage, the new facilities will operate to waste (or in a recycle mode), without sending water to the distribution system. During this stage, BAWA staff will perform standard water quality sampling of the new treatment processes to prove compliance with TCEQ standards before providing the water for public use. After approval to operate from TCEQ, BAWA staff will continue to operate the facility as part of normal operations. Full-scale performance testing to meet TCEQ exemption requirements is not included in the GMP. BAWA East Surface Water Treatment Plant Phase II Expansion Project - 2.3.5 Continuous Operations Period Basis of Guaranteed Maximum Price 1. Overall plant performance will be demonstrated through testing during the Continuous Operations Period. The duration of this testing is assumed to be 120 hours, following the Regulatory Use Approval Period and TCEQ approval to operate the new facilities. BAWA staff will operate the WTP including the new facilities, during the start-up period. 2. BAWA will provide water quality testing during the startup period, in accordance with standard operating procedures. 3. Remote discipline support is provided during start-up, for up to 180 hours. 4. The regulatory approval period is assumed to be completed within 3 days. S. The continuous operations period is assumed to be completed within 10 days. 2.3.6 TCEQ "Step 2" Permitting BWP will prepare required documentation for TCEQ approval to deliver water to the distribution system in accordance with the TCEQ Use Checklist (Step 2) and associated sections of rule 290D. This includes: a. Engineering report on the final corrosion control treatment used. b. Concentration -Time disinfection study documentation for initial operation of the new facilities. c. Corrosion control treatment report will provide data showing new treatment generally matches previous corrosion indices and water quality parameters. A new distribution system corrosion control study will not be provided. BAWA staff will provide operator sign -off as required per TCEQ Use Checklist (Step 2). BWP will conduct a TCEQ approved tracer test to establish the final baffling factor. As part of this study, BWP will: a. Plan the tracer study in accordance and in coordination with TCEQ requirements. b. Submit Test plan to TCEQ for approval and incorporate comments. c. Perform testing in accordance with the plan. The testing is planned to use lithium as the measured constituent. d. Analyze lab results and prepare a Technical Memorandum for submission to TCEQ for approval . 4. Owner will pay for required water quality sampling to be used for TCEQ final approval. S. Full scale performance testing to meet TCEQ exemption requirements is not currently assumed. 6. Engineering report on corrosion assumes maintaining existing corrosion parameters is acceptable to TCEQ. No additional design elements are assumed in this task. 7. Tracer testing will occur while WTP is in operation, under approval from TCEQ with an initial baffling factor. a. Tracer testing will be required to run for approximately 12 hours and will be conducted at up to 100 percent of the peak WTP flow (or other mutually agreed upon flow rate) at up to three clear well levels. 8. It is assumed BAWA will operate the WTP and provide chemicals and water for disinfection and tracer testing during the tracer study. 2.4 Permitting 1. Below is a list of permits BWP is anticipating applying for and are included in the BAWA East Surface Water Treatment Plant Phase II Expansion Project - Basis of Guaranteed Maximum Price GMP: a. TCEQ Stormwater General Approval b. TCEQ Chapter 290d c. Chambers County Civil and Drainage Review Plan and Building Permits d. TDLR - ADA Compliance 3rd party e. TWDB Requirements including TWDB-300A and TWDB-400A documents. 2. The costs for a Right of Entry (ROE) Application is not included in the GMP. 2.5 Bid Package 1— Civil Contractor 2.5.1 Earthwork 1. All spoils will be hauled to stockpile location on site for owner's use in the future. Excess spoil haul off has not been included 2. Rock excavation/hard dig has not been included. 3. Replacement or replanting of existing trees or bushes that are removed during construction has not been included. 4. Sludge Lagoon will utilize existing native soil for side slopes and bottom; import of clay, liner, and/or geotextiles has not been included. 5. Groundwater monitoring and dewatering systems have not been included except specifically for PDMH-5A on the existing 24" FTW line. 6. The purchase of construction water has not been included. It is the intent to utilize site non -potable or potable water systems. 7. The installation of a shoring system in order to protect the existing structure from potential undermining has not been included. 2.5.2 Yard Piping 1. All liquids and solids removed from pipelines to accommodate tie-ins will be returned to the plant process and will not be hauled off -site. 2.6 Bid Package 2 — Structural Contractor 1. For connection to the existing pretreatment structure, it is assumed that the concrete wall and associated water stop is in sound condition, will pass a leak test operation and no additional repairs will be required. 2.7 Bid Package 3 — Process Mechanical 1. All Chemicals or First Fills are not included. 2. Disposal of existing chemicals is not included. Plant Owner is responsible for removing existing chemical totes that are eliminated from service. 3. Owner is responsible for removing the chemical totes in the existing spare tote containment area. 4. Any cleaning or disinfection activities related to chemical tanks, pumps, or equipment are the owner's responsibility. 5. Owner shop inspection costs have not been included in this GMP. 6. For the new intake screen, it is assumed that the concrete wall with the existing square opening is in sound condition, and no additional repairs will be required. 7. This bid proposal assumes the following existing conditions: a. Modifications, machining or reworking existing surfaces, such as pump can tops, sole plates or pads to meet Hydraulic Institute standards for levelness of the vertical turbine pumps are not included. b. For the existing vertical pumps with existing embedded anchors, reuse of BAWA East Surface Water Treatment Plant Phase II Expansion Project - Basis of Guaranteed Maximum Price existing anchors is assumed. c. Removal of the existing pumps/cans and piping to send to a paint shop is not included. d. The existing vertical pump cans are assumed to be suitable for reuse and replacement is not included. e. New vertical pumps are assumed to fit on existing pump sole plates (where existing) or on existing anchors. f. The existing injection quill at the Low Lift Pump Station Flow Meter is assumed to be in good working condition. g. The existing butterfly 4-BFV-002 is assumed to be in good working condition and will be able to hold water for the isolation and tie-in. h. The existing Restrained Flange Coupling Adapters at the Low Lift Pump Station, Transfer Pump Station, and High Service Pump Station will need to be utilized for demo and installation and are assumed to be in working condition. i. The existing butterfly valve to be relocated for the Filter Air Scour system, Key Note 4 on Sheet 08M08 is assumed to be in working condition. The best value for the chemical tanks and pump modifications for BAWA and the project are still in development at the time of this GMP. At the 11/18 GMP meeting, BAWA discussed they did not want to replace anything that did not need to be replaced on the chemical pumps and they did not want to pay additional costs for extended warranties. Also, they asked that we analyze refurbish vs new pump costs. In addition, it was requested that we analyze other tank manufactures to determine if additional savings could be realized that do not compromise design intent of the bulk storage tanks. To not delay GMP approval we agreed to move forward with the submitted GMP value for these items, but that final design requirements and tank selection would be incorporated into the IFC documents and any savings as a result of this finalized design would be returned completely to BAWA for the chemical tanks and pump modifications. 2.8 Bid Package 6 — Electrical Any relocation of electrical lines in conflict have not been included other than known ductbanks identified for critical tie-ins/MOPOs. It is assumed that the 2 light poles that need to be relocated onsite are in sound condition and can be reused onsite. Replacement or purchase of new light poles in this area are not included. The design development of the heat blanket scope for the project is still in development at time of GMP, at time of IFC documents a detailed review of the heat blanket scope is required to ensure this scope is properly priced and accounted for in the GMP. 2.9 Bid Package 10 —Architectural Trades 2.9.1 Savings from IFC Bids for Bid Package 10 1. Should the final bid and award of all Bid Package 10 scope total less than the established GMP budget of $2,286,531, all savings realized shall be fully credited to BAWA. 2.9.2 Landscape 1. No new planting is included. Only repair of existing landscaping that has been disturbed from construction is included. Activity ID Activity Name BAWA East SWTP •, • KM-1000 rr=7 Issue Phase 1 N.T.P SUM Phase 1 Duration (Calendar Days) KM-1010 BWP Submit 30% Design Documents KM-1020 BWP Submit 30% Precon Deliverable KM-1030 BWP Submit 60% Design Document KM-2010 BWP Submit RP&B (70%) Design Document KM-2020 BWP Submit 90% Design Document KM-1040 BWP Submit Phase 2 GMP KM-1100 Phase 1 Substantial Completion KM-1050 Issue Phase 2 N.T.P SUM-DUR-B Phase 2 Duration (Calendar Days) KM-2000 Start Construction (Break Ground) KM-1080 "Milestone - GST 2 Complete - Operational (Calendar Days) KM-1090 Maintenance Building Complete KM-1060 Phase 2 Substantial Completion SUM-1030 Phase 2Acceptanoe Testing & Final Completion (CalendarDays) KM-1070 Phase 2 Final Completion P1D-AD-1000 BAWA East SWTP PHI Kick Off Meeting P1D-AD-1010 BAWA EAST SWTP PHI Partnering Session Original I Start I Finish Duration 0 13-Sep-24 A 365 13-Sep-24 A 31-Oct-25 0 04-Mar-25 A 0 11-Apr-25 A 0 10-Jun-25 A 0 08-Aug-25 A 0 27-Oct-25 0 31-Oct-25 0 31-Oct-25` 0 05-Jan-26 869 05-Jan-26 22-May-28 0 16-Mar-26 0 13-Jul-27 0 10-Aug-27 0 22-May-28 58 23-May-28 19-Jul-28 0 19-Jul-28 C 1E Issue Phase 1 N.T.P Ph; O BWP Submit 30% )esign C O BWP Submit 3 % Precc O BWP Submit 600/ O B P Subm O BW O B" O Ph; 1 19-Sep-24 A 19-Sep-24 A I BAWA East SWTP PHI Kick Off ME 1 23-Oct-24A 23-Oct-24A I BAWAEAST SWTP PH1 Partne i ■M■ ■ • mom M 9 Ses. ' ii-Feb-25 A' ' N'Apr-25 A 24 20-May-25 A 01-Jul-25 A 65 219 16-Jun-25 A 24-Apr-26 80 02- Jul-25 A 02-Nov-25 104 26-Nov-25 24-Apr-26 1 60 08-Sep-25 A 07-Nov-25 150 A 1 ■ 139 1 01-Apr-25A 1 14-Nov-25 Phase Design 37 05- Jan-26 24-Feb-26 Subcontract Development & Execution 75 05- Jan-26 17-Apr-26 BIM Coordination 60 12-Jan-26 03-Apr-26 Material Procurement 395 26-Jan-26 12-Aua-27 Structural Steel Interiors Misc. Metals Equipment -- - LHVAC plumbing Construction MOPO 04 Low Pump Station 05 Rapid Mix Basin 06 Pretreatment (57x52) 07 Disinfection Basin 08 Filtration (82x43) 09 Transfer Pump Station 10 Ground Storage Tank 11 High Service Pump Station f 12 Sludge Pumps 13 Backwash EQ Basin 15 Sludge Lagoon 16 Recycle Pump Station 20 Operations Building 21 Maintenance Buildi Startup & Cxing 140 23-Feb-26 09-Sep-26 145 20-Apr-26 11-Nov-2 170 23-Feb-26 21-Oct- 390 02-Feb-26 12-Au 130 20-Apr-26 21-Oct- 105 20-Apr-26 16-Sep- 340 23-Feb-26 23-Jun-27 190 -_ -_ _ 23-Feb-26 18-Nov-26 454 23-Feb-26 06-Dec-27 7172 16-Mar-26 04-Aug-27 01-Jun-26 06-Oct-27 09-Mar-27 08-Nov-27 150 23-Feb-26 23-Sep-26 348 22-May-26 05-Oct-27 25 04-Aug-27 08-Sep-27 382 19-May-26 17-Nov-27 197 26-Feb-27 06-Dec-27 206 30-Jul-26 20-May-27 161 25-Mar-27 09-Nov-27 8 21-Dec-26 31-Dec-26 2 31-Dec-26 04-Jan-27 232 25-Aug-26 23-Jul-27 10 05-Nov-26 18-Nov-26 219 15-Sep-26 26- Jul-27 161 23-Dec-26 10-Aug-27 81 109-Dec-27 03-Apr-28 Closeout 295 1 21-May-27 119-Jul-28 AIA Document A310T"' -2010 CONTRACTOR. SURETY: /Vame. /P al .rtatu.c and arlc/re ,.y . ame. legal status and principal place BAYTOWN WATERWORKS PARTNERS of husiness/ 2200 Post Oak Blvd Suite 2200 Houaton, TX 77056 TRAVELERS CASUALTY AND SURETY COMPANY One Tower Square MN06-740 Hartford, CT 0618j Thts document has important legal consequences Consultation with OWNER: an attorney is encouraged wrath l \aine. legal stotlis and aciclressi respect to its complemn or CITY OF BAYTOWN modification 2123 Market Street, Baytown, TX 77520 Any singular reference to Contractor, Surety. Owner or BOND AMOUNT: Five Percent of Amount bid other party shall be considered (5% of Amount Bid) plural where applicable PROJECT: i.\'ame, location or atldrecv, and l'rryecl nunrher, if anvl BAYTOWN AREA WATER AUTHORITY EAST SURFACE WATER TREATMENT Project Number. if am PLANT PHASE 2 EXPANSION PROGRESSIVE DESIGNBUILD PROCUREMENT, SAWA2401 The Contractor and Surety arc bound to the Ou ner in the amount set forth above. for the pa} ment of which the Contractor and Surety bind theirselves, their heirs. executors. administrators. successors and assigns. jointh and scveralh-. as pro%idea herein. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents. or within such time period as ma}• be agreed to by the Owner and Contractor. and the Contractor either (1) enters into a contract %, ith the 0%% ner in accordance %% ith the terms of such bid. and gives such bond or bonds as mad be specified in the bidding or Contract Documents. N ith a surety admitted in the jurisdiction of the Project and otherm ise acceptable to the OA ner. for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof. or (2) pars to the Owner the difference. not to exceed the amount of this Bond. between the amount specified in said bid and such larger amount for which the 0%%ner ma% in good faith contract with another pain to perform the %pork co%cred b% said bid. then this obligation shall be null and void. othenrrse to remain in full force and effect. The Surety hereb-sw'iwes am notice of an agreement bemeen the 01%ner and Contractor to extend the time in which the Owner rum.accept the bid. Waver of notice b} the Sureh shall not apph to am extension exceeding si\h ((it)) da%s in the aggregate bcNond the time for acceptance of bids specified in th¢ bid docii mentc and the N%-ner and Contractor shall obtain the Suret% *s consent for an extension beN and sixtc (60) days. If this Bond is issued in connection with a subcontractors bid to a Contractor. the term Contractor in this Bond shall be deemed to be Subcontractor and the term Oa net shall be deemed to be Contractor When this Bond has been furnished to comply %%►th a statutor% or other legal requirement in the location of the Project. am provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and pro► isions conforming to such statulon or other legal requirement shall be deemed mcorporiled herein. When so furnished, the intent is that this Bond shall be construed as a statuton bond and not as a common la%% bond. Signed and scaled this 24th day of October, 2025 BAYTOWN WATERWORKS PARTNERS tPrtncrpah (Witness) TRAVELERS CASUALTY AND SURETY COMPANY (If lrnesxi Corinne Chapman,,�rZLre�1�L�— iTitle) Samantha Chierici, Attorney in Fact AIA 0u untent A710- - 2010 cupyrlghl Q 1903, 1970 rnu 2010 Uy T110 An wean 1n3MU1e 01 ArCX 4WM AN 11" NberVe& (Seoh State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: Travelers Casualty and Surety Company One Tower Square Hartford, Connecticut 06183-6014 (860) 277-0111 AW ;TRAVELERS) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Samantha Chierici of CHICAGO , Illinois , their true and lawful Attorneys) -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April 2021 L400�q e`t• w State of Connecticut By City of Hartford ss. Robert L Rane enior Vice President On this the 21st day of April 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duty authorized officer IN WITNESS WHEREOF. I hereunto set my hand and official seal P My Commission expires the 30th day of June 2026 .00%wili• • 1 Pu" Anna P Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect. reading as follows RESOLVED, that the Chairman, the President, any Vice Chairman any Executive Vice President, any Senior Vice President. any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authonty as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances, contracts of indemnity, and other wntings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority and it is FURTHER RESOLVED, that the signature of each of the following officersPresident, any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I. Kevin E. Hughes. the undersigned. Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this ,) "\ day of L, . , ) `, _,� f� Kevin E Hughes, Assistant Secretary To verify the autbenhWty of this Power of Attvrnoy, please caii us at 1-8017 42.f -3880. Please refer to the above -named Attorneys) -in -fad and the details of the bond to which this Power of Attorney Is attached.