Ordinance No. 16,433 (Item 8.c.)ORDINANCE NO. 16,433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AMENDMENT NO. 2 TO THE PROGRESSIVE DESIGN BUILD
AGREEMENT WITH BAYTOWN WATERWORKS PARTNERS, A MCCARTHY
BUILDING COMPANIES, INC., AND CAROLLO ENGINEERS, INC., JOINT -
VENTURE, FOR THE BAYTOWN AREA WATER AUTHORITY EAST SURFACE
WATER TREATMENT PLANT PHASE 2 EXPANSION; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, the Baytown Area Water Authority's enabling legislation requires that the City
Council approve certain agreements before the Baytown Area Water Authority ("BAWA") enters into the
same; and
WHEREAS, on March 18, 2026, the Board of Directors of BAWA approved Amendment No. 2 to
the Progressive Design -Build Agreement with Baytown Waterworks Partners, McCarthy Building
Companies, Inc., and Carollo Engineers, Inc., joint -venture, for the Baytown Area Water Authority East
Surface Water Treatment Plant Phase 2 Expansion; and
WHEREAS, the City of Baytown desires to approve such amendment; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the recitals set forth hereinabove are hereby found to be true and correct and
are hereby adopted.
Section 2: That the City Council of the City of Baytown, Texas, hereby approves Amendment
No. 2 to the Progressive Design -Build Agreement with Baytown Waterworks Partners, McCarthy Building
Companies, Inc., and Carollo Engineers, Inc., joint -venture, for the Baytown Area Water Authority East
Surface Water Treatment Plant Phase 2 Expansion, which said Amendment is attached hereto as Exhibit
"A" and incorporated herein for all intents and purposes.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmativWCHARLESJ
y Counc' f the City of
Baytown this the 23`d day of March, 2026.
-- N, Mayor
EST:
ANGEL AqK, N- City
SCOTT LE$tOND, City Attorney
R:1Ordinances and Resolutions\Ordinance Drafts\2026-3-2310rd-Ant 2-Design-Build-BAWA East Phase 2-Baytown Waterworks.kh.docx
EXHIBIT A
AMENDMENT #2 TO PROGRESSIVE DESIGN -BUILD AGREEMENT
This Amendment No. 2 ("Amendment"), dated ("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, as
amended ("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. The parties previously executed Amendment No. 1 related to the Project dated 12/11/2025; and
C. 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
include Special Conditions from the Texas Water Development Board.
AGREEMENT
1. The parties agree to amend the Original Agreement to add the following language.
Accordingly, the Original Amendment is amended to add a new Article 15, titled,
"Environmental Special Conditions", which provides as follows:
Article 15
Environmental Special Conditions
15.1 As recommended by the Texas Parks and Wildlife Department (TPWD), the Design -
Builder will avoid vegetation clearing activities, as possible, from March through October in
order to reduce potential impacts to monarch butterflies of various life stages. Should clearing
activities be necessary between March and October and the monarch butterfly be listed under
the Endangered Species Act at that time, the United States Fish and Wildlife Service must be
consulted prior to clearing.
15.2 Consistent with the TWDB Supplemental Construction Contract Conditions (TWDB-0552),
the Baytown Area Water Authority (Authority) will abide by the standard
emergency condition for the discovery of cultural resources.
15.3 Consistent with the TWDB Supplemental Construction Contract Conditions (TWDB-0552),
the Authority will abide by the standard emergency condition for the discovery
of threatened and endangered species.
2. 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.
3. 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.
4. 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.
AGREED:
OWNER:
DESIGN -BUILDER:
Baytown Waterworks
Partners, A Joint Venture
(Name of Owner)
(Name of Design -Builder)
(Signature)
(Signature)
Jake Stones
(Printed Name)
(Printed Name)
VP, Operations
(Title)
(Title)
3/10/2026
Date:
Date:
Rev. 11-09-2015 Page 2 of 2