2025 12 10 BAWA Minutes, Special MINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN AREA WATER AUTHORITY
December 10, 2025
The Board of Directors of the Baytown Area Water Authority(BAWA)met in a Special Meeting
on December 10, 2025, at 5:00 P.M., in the Baytown Conference Room of the Baytown City
Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brenda Bradley Smith President
Frank McKay III Vice President
David Start, Jr. Director
Frank Simoneaux Acting Assistant General Manager
Kristin Holmes Assistant General Counsel
Gabriella Gonzales Acting Assistant Secretary
President Brenda Bradley Smith convened the December 10, 2025, BAWA Board Special
Meeting with a quorum present at 5:29 P.M., all members were present with the exception of
Director Alyssa Linares who was absent.
1. CITIZEN COMMENTS
President Brenda Bradley Smith announced no one signed up to speak.
2. MINUTES
a. Consider approving the minutes of the Baytown Area Water Authority Regular
Meeting held on September 17, 2025.
A motion was made by Vice President Frank McKay III, and seconded by Director David Start,
Jr. to approve the meeting minutes of the Baytown Area Water Authority Regular Meeting held
on September 17, 2025. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Frank McKay III, Director David
Start, Jr.
Nays: None
Other: Director Alyssa Linares (Absent)
Approved
b. Consider approving the minutes of the Baytown Area Water Authority Special
Meeting held on October 8, 2025.
BAWA Board Special Meeting Minutes
December 10,2025
Page 2 of 5
A motion was made by Director David Start, Jr., and seconded by Vice President Frank McKay
III to approve the meeting minutes of the Baytown Area Water Authority Special Meeting held
on October 8, 2025. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Frank McKay III, Director David
Start, Jr.
Nays: None
Other: Director Alyssa Linares (Absent)
Approved
3. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing Amendment No. 1 to the Progressive Design-
Build Agreement with Baytown Waterworks Partners, a McCarthy and Carollo Joint-
Venture, for the Baytown Area Water Authority East Surface Water Plant Phase 2
Expansion Project to add a Guaranteed Maximum Price.
Director of Public Works and Engineering Frank Simoneaux opened Item 3.a. by stating this
item will also cover Agenda Item 4.a. as Ms. Lindsay Kovar, the Owner Advisor with BGE, Inc
will cover the subject of Guaranteed Maximum Price ("GMP"), and Mr. Simoneaux further
provided an overview of the Agenda Item by stating the proposed resolution authorizes
Amendment No. 1 to the Progressive Design-Build Agreement for the Baytown Area Water
Authority("BAWA") East Surface Water Plant Phase 2 Expansion Project.
Further, Mr. Simoneaux explained the project is divided into two phases and Phase 1 is the
current phase that we are in which includes design, estimating and pre-construction services and
that effort has led to a GMP. This amendment will adopt the GMP, and the current Phase I
contract total is $6,496,709.00. This amendment adds the Phase II GMP in the amount of
$63,286,152.00, bringing the total Progressive Design-Build contract to $69,782,861.00. Phase I
services cover a duration of 455 days, and Phase II services cover 869 days. Amendment No. 1
establishes the construction scope for Phase 2 and this amendment, if approved, will go before
the City Council for consideration at their December 11, 2025 meeting.
The podium was turned over to Ms. Lindsay Kovar and Ms. Kovar presented the status report for
the Baytown Area Water Authority East Plant Expansion Project related to Item 4.a. (Exhibit A)
and provided further explanation as it relates to the GMP process with Progressive Design-Build
("PDB")project delivery method.
Vice President Frank McKay III questioned additional information on the Contingency item as it
relates to the contract and Mr. Simoneaux explained that allowances that are not spent go back to
BAWA,but that Contingency is shared.
Director David Start, Jr. asked about the deleted and replaced for definition of savings in the
contract and Ms. Kovar explained that it was written to state that contingency is the line item for
BAWA Board Special Meeting Minutes
December 10,2025
Page 3 of 5
savings and that contingency is designed to be split in two. Mr. Simoneaux further explained that
it was requested that the verbiage be changed to clarify splitting contingency.
A motion was made by Director David Start, Jr., and seconded by Vice President Frank McKay
III to approve Resolution No. 2025-19,related to Item 3.a. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Frank McKay III, Director David
Start, Jr.
Nays: None
Other: Director Alyssa Linares (Absent)
Approved
RESOLUTION 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.
b. Consider a resolution authorizing the First Amendment to the Treated Water
Supply Contract with Cedar Bayou Park Utility District.
Public Works and Engineering Assistant Director of Utilities Sterling Beaver presented an
overview of Item 3.b. and stated the proposed resolution authorizes the First Amendment to the
Treated Water Supply Contract with Cedar Bayou Park Utility District, to extend the contract
term to December 31, 2055 to match funding timelines. Additionally, Mr. Beaver noted the water
district was recently acquired by a different company and they expressed their desire to request
additional capacity in the future, but they are a smaller District and he doesn't believe they
would require a large capacity increase.
Director David Start, Jr. requested the name of the company that acquired the District and Mr.
Beaver responded the name of the company is Texas Water Unities and stated they own several
Utility Districts.
A motion was made by Vice President Frank McKay III, and seconded by Director David Start,
Jr. to approve Resolution No. 2025-20,related to Item 3.a. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Frank McKay III, Director David
Start, Jr.
BAWA Board Special Meeting Minutes
December 10,2025
Page 4 of 5
Nays: None
Other: Director Alyssa Linares (Absent)
Approved
RESOLUTION NO. 2025-20
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
AREA WATER AUTHORITY AUTHORIZING THE FIRST AMENDMENT
TO THE TREATED WATER SUPPLY CONTRACT BETWEEN THE
BAYTOWN AREA WATER AUTHORITY AND CEDAR BAYOU PARK
UTILITY DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
4. REPORTS
a. Receive a report on the status of the Baytown Area Water Authority East
Expansion Project.
This report was presented under Item 3.a. and nothing further was added.
5. MANAGER'S REPORT
a. The next Baytown Area Water Authority meeting is scheduled for Wednesday,
January 21, 2026, at 5:00 p.m., in the Council Chamber located at City Hall, 2401 Market
Street, Baytown,Texas 77520.
Acting Assistant General Manager Frank Simoneaux reminded the Board of their next meeting
which is scheduled for January 21, 2026 in the Council Chamber, and hopefully they will have a
Notice to Proceed at this meeting.
6. ADJOURN
A motion was made by Director David Start, Jr., and seconded by Vice President Frank McKay
III to adjourn the December 10, 2025 Baytown Area Water Authority Board Special Meeting at
6:09 P.M. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Frank McKay III, Director David
Start, Jr.
Nays: None
Other: Director Alyssa Linares (Absent)
Approved
BAWA Board Special Meeting Minutes
December 10,2025
Page 5 of 5
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EXHIBIT "A"
PROGRESS REPORT
N\• OM
---Project BAWA East Surface Water Treatment Plant Phase 2 Expanslon
Owners Advisor
Date: December Progress Report
---
1. Previous MonthsA<dsitae BAWA East Water Plant
A 90%Design Submittal on October 29,2025
B GMP Price Proposal recewed on October 31,2025
C. TWDB Closing on November id,2025(S69.000.0001
Progressive Design Build
2. Uocominc Progress Items and Discussion Items.
A Funds Avertable($79.000 0001 BAWA Board Meeting
B Prolact Budget web GMP Pace Proposal
December 10,2025
•
GMP S69.182.861
Material Testing S600.000
.,„.. ...�„.�.;.y., .... ..
Pureed Bed Clef ter � �� ;.
52.082,798
RecommeMed Owner Contingency $2 d34 091 "`
Focal bermes S382.000
OA with CMt 53.473.578 1
Praises Budget $78.786.329 a o..per.
C Schedule
1 I Noece Proceed-January 5.2026 Nei
2 ul 2) Phase 2 Substan Completion-May 22.2028 �
3) Phase 2 Acceptance 8 Final Completion-July 19.2028
4) BAWA is anticipated to need additional water by 202E
*'•
D. Outstanding Agency Reviews
t) ICED Desgn Package
21 TWDB Design Buser Agreement
31 TWDB Envaonmental Review/Desgn Package
Progressive Design Build Procurement Progressive Design Build
Phase i Getting to Guaranteed Maximum Prjce Phase 2 Finalizing the Project THE PDB PROCUREMENT PROCESS
Design Design/Construction °"
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Pmgreselse
Design-fa Design-fau d
I Partnering Workshop y
M �rSAe .
I Alternative Analysis Workshops I Procurement I DEgtO
111.• I Main Portion o1 lontlruet.on I inaS
I Field Investigations sign!Owner/oA/De Budd 1eJm nnr,collabnr., Oil.;uc d
I 60— Design Phase I __ _I ___� i
I Cost andd Sc Schedule Modeling I G1,01{VA,U,1
I GMP Development 1.111I Startup/1'mndframing I may- ■a...... :e..ey.. :..,.
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Baytown Water Work Partners Project Experience
am ruwu® � ~� W BAWA East Surface Water Treatment Plant Start-Up
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.u.-au •City of Baytown Wastewater Treatment Plants and Lift Stations SCADA Project Package 2
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® • Colorado Springs Utilities Southern Delivery System Water Treatment Plant(10 MGD Expansion)
r -1 •Pyramid Peak Water Treatment Plant Expansion(15 MGD Expansion)
•San Jacinto River Authority(30 MGD Water Treatment Plant)
t •City of Houston CRMP—Northside Wet Weather Facility
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PHASE
H A S E 2 Phase 2 has a heavy focus on the construction of your surface treatment
( giant,while keeping design leaders engaged.This collaboration ensures your s a\\. .,,
project is completed on time and within budget. r + m
Current Design Preliminary Layout
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GMP Proposal Project Budget
GMP Category Cost • 10 different bid packages comprises the Cost Category Cost • Direct Purchase of Pulse Bed Clarifier gives a
direct construction cost savings of-5200,000
Direct Construction Cost $47.350,183 GMP 569,7E2,861
•Allowances are used for items that are not Material Jesting $600,000 • Material Testing is estimated at 1%of
BWP Allowances 5425,000 yet finalized at time of bidding: construction value
•Additional Groundwater Dewatering Pulsed Bed Clarifier $2,092,798 •Owner's Contingency used unforeseen
Contingencies $3,822,015 •Adverse Weather Conditions Recommended Owner $2,434,091 conditions,force majeure,etc.(included in
•Pretreat Shoring,Additional GST Baffles,Existing Contingency TWDB loans)
Phase 2 Design&Construction Admin $3,798,077 Operating Support fiscal Services $382,000 •Owner's Advisor fee includes construction
Bonds&Insurance $2,532,559 • Contingencies are used for design& management and inspection.
estimating gaps(bid at 70%design)and OAwith CMI 53,473,578 mana g p
Design Builder Fee 55,358,324 construction unforeseen costs. Tied to Project Budget 578,765,328
anticipated risk events identified in the risk
Phase!services $6,496,709 register.
Total Design Budder GMP 569,782,861 •Assumes TCEQ and TWDB approval prior to
anticipated NTP date.
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Schedule Phase 1 Baseline Schedule
• Notice to Proceed-January 5,2026 •TWDB SWIFT Abridged Application Submittal-Due February 3,2025(Submitted Jan 31,2025)
•Groundbreaking-March 23,2026 • Draft Preliminary Design(30%)-Due March 2025(Received Mar 04,2025)
• Phase 2 Substantial Completion-May 22,2028 •TWDB DWSRF Emerging Contaminants Application-Due April 4,2025(Submitted Apr 01,2025)
• Phase 2 Acceptance&Final Completion-July 19,2028 • Base Cost Estimate-April 2025
• BAWA is anticipated to need additional water by 2028 •60%Design Package June 13,2025
•70%Design Package-August 8,2025
Remaining Approvals:
TCEQ Design Package •TWDB Design Submittal-September 8,2025
• •TCEQ Design Submittal-September 03,2025
•TWDB Design Builder Agreement
•TWDB Design Package •90%Design Package-October 17,2025
• TWDB Environmental Review •Guaranteed Maximum Price Proposal—October 31,2025
I024 202a
O N 0 J F MAPAJJ AS ONDJ
Nt t
TWDB Next Step Future Layout
July 2025 1
o TWDB Board approved the funding.
IllAugust 2025 A
o BWP submitted the design package including plans,specifications and front-end documents a
to TWDB for review.
o Approval of Financing Agreement on August 27,2025 with City Council approval on August , �
28,2025.
October 2025
_ 1
o TWDB will provide interest rates on October 2,2025.
o Special BAWA meeting to approve the sale of Bonds to TWDB. 71 NI 1 <, ''r- 1,
o City Council confirm bond sale on October 9,2025.
November 2025 _— 'I"`=_--
o Closing date schedule for November 14,2025. ==a
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