Construction Contract - LTCP WWTP Improvements Proj No. 121-071 – Bowen Engineering Corp.

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AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (COST -PLUS -FEE) This Agreement is by and between the City of South Bend, Indiana, by and through its Board of Public Works (hereinafter the "Owner") and Bowen Engineering Corporation, an Indiana corporation, a qualified provider (hereinafter the "Contractor"). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CSO 045 EQ Basin and Final Clarifiers 1-3 Rehabilitation - Peripheral Feed Alternative inclusive of all labor, equipment and materials to support the South Bend Wastewater Treatment Plant Improvements Project as noted in Exhibit A. ARTICLE 2 - THE PROJECT The Project, of which the Work under the Contract Documents is a part, is generally described as follows: CSO 045 EQ Basin and Final Clarifiers 1-3 Rehabilitation -Peripheral Feed Alternative at the South Bend Wastewater Treatment Plant site. Project Title: South Bend Wastewater Treatment Plant Improvements Project A. Project Description: This Project includes all labor, equipment, and material to support South Bend Wastewater Treatment Plant Improvement Project as noted in Exhibit A. 1.02 The Contractor represents (i) that the Project constitutes the installation of "conservation measures" as defined in I.C. 36-1-12.5-1 et seq. (herein the "Act"), and (ii) that this Agreement is a "guaranteed savings contract" as defined in the Act. The Contractor further represents that it is a "qualified provider" of "conservation measures", as defined in the Act. The Contractor also represents that it has issued the report, to the Owner, containing all data and information required by I.C. 36-1-12.5-6. 1.03 The Contractor further represents that the Project will result in wastewater savings in the total amount of $1,377,640 and operational savings in the total amount of $31,576,940 during the Twenty (20) year period following completion of the Project. The Contractor represents that such total savings in the amount of $32,954,580 (herein the "Total Guaranteed Savings") exceeds the Owner's total cost of the Project. The Contractor hereby guarantees that it will reimburse the Owner for the difference between the Total Guaranteed Savings and the actual savings realized by virtue of the installation of the Conservation Measures. The Total Guaranteed Savings are identified on Tables 1 through 4 (Exhibit C) attached to this Agreement and Savings Calculation documents, also attached to this Agreement (all of the foregoing, collectively, the "Savings Documents"). The Savings Documents are hereby incorporated into and made a part of this Agreement by this reference. The parties stipulate and agree that the assumed operational and wastewater savings as identified in Tables 1 through 4 (Exhibit C) shall be considered fully satisfied E1CDC® C-525, Agreement between owner and Contractor for Construction Contract (Cost -Plus -Fee). Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 9