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HomeMy WebLinkAboutGSC Contract- Edison WTP GSC Proj No 123-067 - Bowen Engineering Corp June 23, 2026 Chris Manges Bowen Engineering Corp. cmanges@bowensqp.com RE: Guaranteed Savings Contract Dear Chris: At its June 23, 2026 meeting, the Board of Public Works approved the above referenced contract for the Edison water treatment plant, Project No. 123-067 in the amount of $8,000,000. Enclosed please find a copy of the contract for your records. Sincerely, /s/Hillary Horvath Hillary Horvath, Clerk EJCDC® 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. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (COST-PLUS-FEE) Prepared By Endorsed By EJCDC® 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. Copyright© 2018 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. EJCDC® 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 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: South Bend Edison Water 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: Rehab of the Edison Water Treatment Plant processes including but not limited to Filters, Chemical Systems, Electrical Upgrades and SCADA Improvements. Project Title: South Bend Edison Water Treatment Plant Improvements Project A. Project Description: This Project includes all labor, equipment, and material to support South Bend Edison Water 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 energy savings in the total amount of $14,860 and operational savings in the total amount of $8,246,360 during the Twenty (20) year period following completion of the Project. The Contractor represents that such total savings in the amount of $8,261,220 (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 energy savings as identified in Tables 1 through 4 (Exhibit C) shall be considered fully satisfied upon the Owner’s Final Acceptance of the Project (as defined hereinafter).The energy savings and operational EJCDC® 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 2 of 9 savings will be realized over a period of twenty (20) years following final installation of the Project, which term of years the Contractor represents is less than the average life of the Conservation Measures. The term of this Agreement shall extend for twenty (20) years effective with the Owner’s acceptance of all Conservation Measures. 1.04 The Contractor guarantees that the Project will recover a total of $8,261,220 in energy and operational savings during the first twenty (20) years of operation, beginning on the first day of the month following completion and final acceptance by the Owner regarding the installation of the equipment provided under the Agreement. 1.05 If, at the end of any year during the guarantee period, the program has failed to achieve the annual guarantee of energy savings, Contractor will pay Owner the difference between the annual savings guarantee and the actual savings amount. 1.06 Savings that are achieved by the upgrades and the modifications in the Agreement prior to completion of the entire retrofit project (construction period savings) will be added to the first year actual annual savings amount. 1.07 Contractor and Owner also agree that if the actual annual savings amount exceeds the annual guarantee amount, such excess savings amounts will be added to the savings for any future year before calculating the savings amount. 1.08 This guarantee, whether or not exercised, is Contractor’s sole liability with respect to any claim of total savings. 1.09 As part of the Savings Guarantee, Contractor agrees to complete the annual report, required to be filed with the Indiana Department of Local Government Finance (see example Exhibit D). 1.10 The savings are calculated using Microsoft Excel spreadsheets. All assumptions, variables, and equations are shown on each page. The total annual savings, including energy and operational, are stipulated between the Owner and Contractor in the Agreement. Stipulated savings are savings that are agreed to be satisfied throughout the term of this performance guarantee. Any changes to the operation of the equipment or systems can be accounted for through calculation and the annual savings adjusted accordingly. Table 1, Table 2, Table 3, and Table 4; included as Exhibit C; summarize the guaranteed annual savings from the calculations. This saving guarantee is dependent upon these conditions being met. 1.11 Any shortfall payments between the Owner and Contractor shall be made within 90 days of the end of each annual period. EJCDC® 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 3 of 9 ARTICLE 3 - ENGINEER 3.01 The Owner has retained United Consulting (“Engineer”) for the Water Treatment Plant improvements to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed by United Consulting for the Water Treatment Plant Improvements ARTICLE 4 - CONTRACT TIMES 4.01 Time is of the Essence A. All time limits for Substantial Completion, as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially complete on or before July 1, 2027. B. The Work will reach final completion on or before September 1, 2027. 4.03 Milestones A. Intentionally Deleted. 4.04 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): Substantial Completion: Contractor shall pay Owner $1000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement. ARTICLE 5 - CONTRACT PRICE 5.01 Cost-Plus-Fee A. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the Cost of the Work plus Contractor’s fee for overhead and profit, both of which will be determined as provided in Articles 6 and 7 below, subject to additions and deletions as provided in the Contract and subject to the limitations set forth in Article 8 below. EJCDC® 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 4 of 9 ARTICLE 6 - COST OF THE WORK 6.01 Cost of the Work will be determined as provided in Paragraph 11.01 of the General Conditions, as duly modified and Exhibit B. ARTICLE 7 - CONTRACTOR’S FEE 7.01 Contractor’s fee will be determined as follows: A. A fixed fee of $592,593, which is subject to increases for changes in the Guaranteed Maximum Price (“GMP”) as provided in Paragraph 12.01. ARTICLE 8 - GUARANTEED MAXIMUM PRICE 8.01 Guaranteed Maximum Price A. Contractor guarantees that the maximum amount payable by Owner (Guaranteed Maximum Price, or GMP) for the sum of the Cost of the Work under Article 6 plus Contractor’s fee under Article 7 will not exceed $8,000,000, subject to increases or decreases for changes in the Scope of the Work. 8.02 Allocation of Savings A. If the final Contract Price, as duly adjusted during the term of the Contract, is less than the Guaranteed Maximum Price, as duly adjusted, then Owner shall receive the benefit of such difference and shall keep 100% of the savings. ARTICLE 9 - CHANGES IN THE CONTRACT PRICE 9.01 Determination of Changes in Contract Price A. If a Change Order entails a change in Contract Price under the provisions of the Contract, then under this Agreement: The change will include the applicable increase or decrease in Cost of the Work, pursuant to the provisions of Articles 10 and 11 of the General Conditions. 9.02 Documentation of Changes A. The amount of any increases in Contractor’s fee, in any Guaranteed Maximum Price, or in any Guaranteed Maximum Fee, will be set forth in the applicable Change Order. ARTICLE 10 - PAYMENT PROCEDURES 10.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will indicate the amount of Contractor’s fee then payable. Applications for Payment will be processed by Engineer as provided in the General Conditions. 10.02 Progress Payments; Retainage A. Owner shall make progress payments within thirty (30) calendar days from receipt of Contractor’s Applications for Payment as recommended by Engineer during construction as EJCDC® 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 5 of 9 provided in Paragraphs 10.02.B.1 and 10.02.B.2 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. B. For Cost of the Work: Progress payments on account of the Cost of the Work will be made: Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 95 percent of the value of the Work completed (with the balance being retainage). 1) If 50 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 50 percent of cost of materials and equipment not incorporated in the Work but are delivered, suitably stored, and accompanied by documentation satisfactory to owner (with the balance being retainage). Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 150 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. C. For Contractor’s fee: Progress payments on account of the Contractor’s fee will be made as follows: If Contractor’s fee is a fixed fee, payments prior to Substantial Completion will be in an amount equal to 95 percent of such fee earned to the date of the approved Application for Payment (less in each case payments previously made on account of such fee) based on the progress of the Work measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work on the number of units completed), and upon Substantial Completion in an amount sufficient to increase total payments to Contractor on account of his fee to 100 percent of Contractor’s fee. In the event there is no Schedule of Values the progress of the Work will be measured as provided elsewhere in the Contract. 10.03 Final Payment A. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 14.07 of the General Conditions. 10.04 Consent of Surety A. Owner will not make final payment or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. EJCDC® 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 6 of 9 10.05 Limitation of Liability. A. Except for insured claims arising or resulting from bodily injury, death or damage to real or personal property, the total liability of Contractor party to the other on all claims, whether in contract, warranty, tort, strict liability, or otherwise, arising out of the performance of this Agreement, shall not exceed the Contract Price. EXCEPT FOR THE WILLFUL MISCONDUCT OR RECKLESSNESS OF A PARTY, OR FOR ANY LOSSES COVERED UNDER AN INSURED CLAIM FOR BODILY INJURY, DEATH OR DAMAGE TO REAL OR PERSONAL PROPERTY, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, SPECULATIVE, PUNITIVE, OR REMOTE DAMAGES. ARTICLE 11 - CONTRACT DOCUMENTS 11.01 Contents A. The Contract Documents consist of all of the following: This Agreement inclusive of the Request for Qualifications subject to scope clarifications in Exhibit A (“RFQ”). Bonds: a. Payment Bond within seven (7) days of Notification of Award for an amount equal to one hundred percent (100%) of the contract amount. b. Performance Bond within seven (7) days of Notification of Award for an amount equal to one hundred twenty-five percent (125%) of the contract amount. c. Maintenance bond within ten (10) days of acceptance of the project by the City of South Bend, for an amount equal to ten percent (10%) of the final contract price, guaranteeing for a period of three (3) years after the date of acceptance of the project by the City of South Bend. Preliminary Design drawings (not attached but incorporated by reference) as provided as a part of the RFQ documents. Exhibits to this Agreement (enumerated as follows): d. Exhibit A Scope of Work e. Exhibit B Proposal & Open Book Structure f. Exhibit C Performance Guarantee g. Exhibit D Support Services h. Exhibit E Special Conditions and GSC Compliance i. Exhibit F Indiana State Revolving Fund (SRF) j. Exhibit G General Conditions EJCDC C-700 2007 The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: k. Notice to Proceed. EJCDC® 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 7 of 9 l. Work Change Directives. m. Change Orders. n. Field Orders. o. Warranty or Maintenance Bond. B. The Contract Documents listed in Paragraph 11.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 11. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 12 - REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 12.01 Contractor’s Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: Contractor has examined and carefully studied the Contract Documents, including Addenda. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. Contractor has considered the information known to Contractor itself; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. EJCDC® 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 8 of 9 Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 12.02 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02: “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 12.03 Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2007), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. EJCDC® 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 9 of 9 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on June 23, 2026 (which is the Effective Date of the Contract). CITY OF SOUTH BEND, INDIANA BOWEN ENGINEERING CORPORATION BOARD OF PUBLIC WORKS ____________________________ ________________________________ Elizabeth A. Maradik, President Chris Manges ________________________________ ____________________________ Senior Operations Manager Joseph R. Molnar, VP ____________________________ Murray L. Miller, Member ____________________________ Breana N. Micou, Member ____________________________ Abigail E. Magas, Member ATTEST: ______________________ Hillary R. Horvath, Clerk June 23, 2026 EXHIBIT A SCOPE OF WORK Project: South Bend Edison Water Treatment Plant Improvements Project Project Is based on the following documents: • United Consulting Technical Specifications, dated March 2026 (282 pages) • United Consulting plans, dated 4/15/26 (26 Plan Sheets) • United Consulting Mechanical/HVAC plans, dated 3/28/25 (7 Plan Sheets) • DCCM Electrical plans, dated 4/2/26 (38 Plan Sheets) Scope of Work a. Existing Filter building pipe and valve upgrades. b. Existing Filter control panel upgrades. c. Existing Filter building HVAC upgrades. d. Replacement of the existing Fluoride Storage tank with a dual wall tank to fit based on the United Specification section 11220 dated March 2026 e. Replacement of the Fluoride and Chlorine feed systems based on the United Specification 11200 dated March 2026 f. Replace the existing generator g. Building envelope improvements such as air handling replacements and dehumidifiers in restricted airflow areas h. High Service Pump and Piping removal and replacement. i. Backwash Pump and Piping removal and replacement. j. Waste Pump and Piping removal and replacement. k. Airwash Blower and Piping removal and replacement. l. Filter underdrain acid wash included per notes below. Notes (We have included the following work inside the filters, all similar to our previous job at the Pinhook WTP) i. Moving of all existing media to adjacent filter. ii. Acid wash of underdrains with aggressive backwash provided by the City. iii. Up to two weeks of rehab/cell. iv. Placement of existing media back in filter. Scope shown on drawings but not included a. All work associated with the Arsenic removal process and the building addition. b. All work associated with re-routing piping and sitework associated with the building addition. c. Moving Electrical Room to Old Chlorine Room (including Masonry) Notes i. Plan sheet 2 of 26 notes 17 & 18 call out the coating of all existing piping and walls. Specific areas to coat/paint will be further defined onsite with staff ii. Plan sheet 16 of 26 calls out a proposed roof over the old aerator area. Due to budget restrictions this has been excluded at this time. General a. Bowen has not included costs for any contaminated/hazardous material handling and/or disposal. b. Bowen has not included any budgets for Right of Ways, Right of Entries, Easements, Temp Easements. c. No costs for permits or railroad monitoring are included in this proposal. d. All permits, including INDOT, are by others. e. Unless noted otherwise, pricing is based upon the assumption that the work will be performed during normal working hours (8 hours per day – approximate start/end time 7:00 AM and 5:00 PM). Holiday, weekend, and overtime costs are not included. f. This proposal is based off the ability to shut this plant down for all tie-ins and replacements. g. All pipes to be abandoned are to be left in place with the ends grouted/plugged. h. Plan sheet S003 calls out several areas of Special Inspections. These are to be paid by the Owner and limited to only necessary items. i. Our proposal is based on using existing power provided by the City for temporary construction power. j. This project meets AIS requirements, but BABA is not included. EXHIBIT B PROPOSAL & OPEN BOOK STRUCTURE CONTRACTOR’S OPEN BOOK PRICING MODEL & PROPOSAL Project: Furnish the construction services necessary for the Edison Water Treatment Plant Improvements owned and operated by the City of South Bend as described in Exhibit A for the guaranteed maximum pricing (GMP) as noted in Table P.1: TABLE P.1 Construction Cost $ 6,780,859 Fixed Provider/Contractor Fee $ 592,593 Construction Contingency $ 626,548 Guaranteed Maximum Price $ 8,000,000 EXHIBIT C PERFORMANCE GUARANTEE Table 1: Annual Savings Summary ECM Description Energy Savings Cost Avoided Operational Savings Total Annual Savings 1 Edison WTP Improvements $ 743 $412,318 $413,061 Table 2: Annual Guaranteed Savings by Year of Contract Contract Year Annual Savings ($) 1 $413,061 2 $413,061 3 $413,061 4 $413,061 5 $413,061 6 $413,061 7 $413,061 8 $413,061 9 $413,061 10 $413,061 11 $413,061 12 $413,061 13 $413,061 14 $413,061 15 $413,061 16 $413,061 17 $413,061 18 $413,061 19 $413,061 20 $413,061 Total $8,261,220 Table 3: Energy Savings South Bend, IN Facility: Edison Water Treatment Plant Assumptions at the Proposed 8mgd: 4 backwashes/day – Assume no backwash over the weekend. 20 backwashes/week -> 1,040 backwashes/year 1,040 backwashes * 5 min -> 5,200 minutes of operation/year (Blower Usage) 1,040 backwashes * 25 min -> 26000 minutes of operation/year (Backwash Pumps) Current Motor Hours/Yr Motor Load Annual Operational ID Motor HP Efficiency Operation Factor kWh $/kWh Cost/Yr Backwash Blowers 1 50 80%86.7 0.91 3677 0.08$ 294.17$ Backwash Water Pumps 3 40 80%433.3 0.91 44126 0.08$ 3,530.07$ Backwash Waste Pumps 2 15 80%433.3 0.91 11031 0.08$ 882.52$ Electrical Consumption = 4,706.76$ Current Motor Hours/Yr Motor Load Annual Operational ID Motor HP Efficiency Operation Factor kWh $/kWh Cost/Yr Backwash Blowers 1 50 95%86.7 0.91 3097 0.08$ 247.72$ Backwash Water Pumps 3 40 95%433.3 0.91 37159 0.08$ 2,972.69$ Backwash Waste Pumps 2 15 95%433.3 0.91 9290 0.08$ 743.17$ Electrical Consumption = 3,963.59$ COST SAVINGS =743.17$ GUARANTEED ANNUAL SAVINGS =743.00$ Number of Motors MORE EFFIENCE BACKWASH EQUIPMENT Number of Motors *The Estimated Savings doesn't account for any reduced runtime via the addtion of VFDs SAVINGS CALCULATION ECM: Replacement of Blowers and Backwash Pumps will result in improved motor efficiency EXISTING BACKWASH EQUIPMENT Table 4: Operational (Related Capital) Savings South Bend, IN ID Description RS Means Cost Data Unit $/Unit Value % Replaced Project Cost 1 Water Treatment Plant Rehab Historical Data Project NA 7,797,988$ 100%7,797,987.85$ 2 Commissioning 01-91-13.50-0150 Project 1.25%7,797,988$ 100%97,475$ 3 Construction Management 01-11-31.20-0020 Project 4.50%7,797,988$ 100%350,909$ TOTAL PROJECT COST=8,246,372$ Notes:Annualized Savings =$412,318.61 Given:Term(yrs) =20 Annualized Savings Includes Time Value of Money Given Project Cost and Term Future Capital Cost Avoidance Savings All data based on MS Means 2010 Building Construction Data Handbook Value = Qty x $/Unit Term = life of the contract % Replaced = amount of system or facility that is affected through this project EXHIBIT D SAVINGS AUDITS As part of the Savings Guarantee, Bowen Engineering Corporation agrees to complete the annual report to be filed with the Department of Local Government Finance (see example on this page). GUARANTEED ENERGY SAVINGS CONTRACT ANNUAL SAVINGS REPORT State Form 55886 (R / 10-15) Department of Local Government Finance Guarantee Period Covered by this Report (M/D/Yr):1/0/00 through 12/30/00 Report Year:1 Contract Dates :Signed (M/D/Yr):1/0/00 Expires (M/D/Yr):1/0/00 Project Dates:Initiated (M/D/Yr):1/0/00 Completed (M/D/Yr): 1/0/00 Total Project Cost (with Financing):$0 $0 (A) Baseline Constant (from contract) (B) Actual Post- Project (C)* Adjustment (D) ** Savings (A-B+C) (E) Guaranteed Savings (From Contract) (F) Difference + or - (D minus E) 0.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 Pre-project Energy Cost:$0 Buildings Included in Contract:Savings Measures Included in Contract: Teddy Deahl Bowen Engineering Approved by and Title of Authorized Institution Official:Name and Organization of Person Filing this Report: Bowen EngineeringInstitution:Contractor: 0 6. Accumulated Totals Thru This Period (4 + 5): Address: (number and street, city, state, and ZIP code) - 0 Telephone:317-408-9960 Address: (number and street, city, state, and ZIP code) 0 1. Energy Saved (MMBTU): 3. Operating Costs Saved: 4. Total Costs Saved: 5. Total Thru Previous Years: Questions? Call the DLGF at (317) 232-3777.Email to: gesc_reports@dlgf.in.gov 2. Energy Costs Saved: Contact:Contact:Teddy Deahl Telephone: 8802 N. Meridian St. Indianapolis IN 46260 Send annually to the Department of Local Government Finance, 100 N Senate Ave, IGC-N, Room N1058, Indianapolis, Indiana, 46204 no later than sixty (60) days after the anniversary of each savings guarantee period. * Note: Provide attachment showing all assumptions (bill totals, measurement and verification, stipulations) and calculations used to determine adjustments. ** Note: If column A, B, or C is blank or the listed savings have not been calculated using actual utility bills and operating costs, the reported figures have been stipulated and represent an estimation of savings. Total Guaranteed Savings: Total Square Footage of Buildings in GESC: 0 0 EXHIBIT E SPECIAL CONDITIONS AND GSC COMPLIANCE 1. Approvals. Upon completion of the Project, the Contractor shall obtain approval of the installation of the Conservation Measures constituting the Project from the Indiana Department of Health, the Office of the State Fire Marshal, the Office of the State Building Commissioner, and any other State agency designated by the Act or any other State statute or regulation. The installation of the Conservation Measures constituted in the Project also shall be approved by an architect or engineer licensed under I.C. 25-4 or I.C. 25-31, such approval to be obtained at the expense of the Contractor. The receipt of all such approvals (together collectively, the “Approvals”) shall constitute a condition precedent to the Contractor’s entitlement to receive the final payment. 2. Insurance. a. Contractor shall not commence performance hereunder until (i) it has obtained and Owner has approved all insurance coverage required by this Section and consistent with Article 5 of the General Conditions; and (ii) Owner has been furnished with a certificate of insurance properly evidencing and confirming that (a) Owner is an additional named insured, and (b) such insurance coverage is in effect and will not be canceled or materially altered without thirty (30) calendar days prior written notice to Owner. All insurance provided by Contractor hereunder shall provide for a waiver of subrogation against Owner. In the event that permitted subcontractors are not covered by the Contractor’s policies of insurance, each permitted subcontractor shall secure policies of insurance, which meet the requirements of this Section. b. Contractor shall take out and maintain, at its sole cost and expense, the following insurance coverage during the term of this Agreement and all other times during which Contractor, its employees, agents, or subcontractors shall be present at the Facilities, whether performing or correcting any portion of the Project. Owner shall be named as an Additional Insured and be given a 30 day notice of cancellation, non-renewal or significant change of coverage. Contractor insurance shall be written on a “primary and non-contributory” basis. i. Worker’s Compensation, Employer’s Liability, and Occupational Disease Insurance. Statutorily required worker’s compensation insurance, including employer’s liability and occupational disease coverage, to the extent provided by the Worker’s Compensation Act and the Occupational Disease Act of the State of Indiana, on all of Contractor’s employees engaged in the Project and shall include a Waiver of Subrogation endorsement in favor of the Owner; ii. General Liability. Commercial general liability insurance (including contractual, independent contractors, explosion, and product/completed operations (for at least two (2) years following completion) coverages) against damage because of bodily injury, including death, or damage to property of others, such insurance to afford protection to the limit of not less than One Million Dollars ($1,000,000.00) in one occurrence, and to the limit of not less than Two Million Dollars ($2,000,000.00) annual aggregate; iii. Automobile Liability. Automobile liability insurance against damage because of bodily injury, including death, or damage to property of others as the result of the operation of any automobile, with such insurance to afford protection to the limit of not less than Five Hundred Thousand Dollars ($500,000.00) for any one person, not less than One Million Dollars ($1,000,000.00) in respect to any one accident, and not less than One Hundred Thousand Dollars ($100,000.00) for property damage. iv. Excess Liability. Excess or umbrella liability insurance with limits of not less than Five Million Dollars ($5,000,000.00) per project or location aggregate (these limits apply in excess of each of the above-mentioned policies). v. Builder’s Risk Insurance. Contractor shall provide Builder’s Risk Insurance for the benefit of Owner, Contractor, Engineer, Engineer’s Subconsultants, any and all of the permitted subcontractors as their interest may appear, and for the benefit of all parties furnishing financing to the Owner for construction to be done hereunder, all of the same to be named insureds on the said Builder’s Risk policy. The perils covered shall include fire and extended coverage, plus other perils (including theft, vandalism and malicious mischief) which extend coverages to the broadest form of “all risk” coverage. This “all risk” coverage shall be in the amount of 100% of the completed insurable value of the Project. Proceeds of such Builder’s Risk Insurance shall be payable to Contractor, as trustee for all interested parties, and Contractor shall adjust all losses and claims with the insurer, subject, however, to the rights of any mortgagee. Such coverage shall insure items of labor and materials connected with the Project, whether in or adjacent to the Facilities insured, materials in place or to be used as part of the permanent construction, including surplus materials, shanties, protective fences, bridges, temporary structures, miscellaneous materials and supplies incident to the work, and such scaffolding, stagings, towers, forms and equipment as are not owned or rented by Contractor, the cost of which is included in the cost of the work. c. Building Insurance. The Owner’s fire and extended coverage insurance now in effect on the Facilities will cover the Owner’s interest or equity in the Project; however, it will not cover the equity or interest of the Contractor nor of its materials and/or equipment at the Facilities. The coverage of the Contractor’s equity and/or interest, as above, shall be the responsibility of the Contractor. 3. Copies of Documents. Owner shall furnish to Contractor up to two printed hard copies of the Drawings and Project Manual. EXHIBIT F INDIANA STATE REVOLVING FUND (SRF) GREEN PROJECT RESERVE (GPR) FRONT END DOCUMENTATION AND SRF REQUIREMENTS The Project, and Contract Documents, include all requirements of the Indiana State Revolving Fund including the Green Project Reserve. The documentation immediately following this page are front end documents for SRF financing including Green Project Reserve: 1. Attachment B (front end documentation addendum from SRF website). 2. Attachment C (front end documentation addendum from SRF website). 3. Attachment E (front end documentation addendum from SRF website). 4. Copy of Davis Bacon Wage Determination used for the project. 5. DBE Packet. 6. Completed MBE/WBE Good Faith Efforts Worksheet(s). 7. Signed copy of Form OEE-1, “Certification of Nonsegregated Facilities.” 8. Signed copy of Form OEE-2, “Notice to Labor Unions or Other Organizations of Workers – Nondiscrimination in Employment.” 9. Completed Attachment H. 8802 North Meridian Street • Indianapolis, IN 46260 • P: 317.842.2616 • F: 317.841.4257 • www.bowenengineering.com June 16th , 2026 Ms. Rebecca Plantz City of South Bend, IN Dr. Martin Luther King Blvd South South Bend, IN 46601 RE: South Bend, IN Edison WTP Improvements GMAX Pricing Bowen Engineering Corporation (Bowen) is pleased to submit this GMAX Proposal for South Bend, IN Edison WTP project. This proposal is based on this letter and the attached Exhibit A Scope of Work. Pricing Construction Costs $ 6,780,859 Construction Contingency (~9%) $ 626,548 Contractor Fixed Fee: $ 592,593 Total Construction Cost: $ 8,000,000 We look forward to working with the City of South Bend team on this key project. Respectfully submitted, BOWEN ENGINEERING CORPORATION Chris Manges Operations Manager CC: Paul Glotzbach – United Vince Petroy - United Pat Stanford - Bowen Teddy Deahl – Bowen 8802 North Meridian Street • Indianapolis, IN 46260 • P: 317.842.2616 • F: 317.841.4257 • www.bowenengineering.com SOUTH BEND, IN WTP EDISON WTP IMPROVEMENTS EXHIBIT A – SCOPE OF WORK Project Is based on the following documents: • United Consulting Technical Specifications, dated March 2026 (282 pages) • United Consulting plans, dated 4/15/26 (26 Plan Sheets) • United Consulting Mechanical/HVAC plans, dated 3/28/25 (7 Plan Sheets) • DCCM Electrical plans, dated 4/2/26 (38 Plan Sheets) Scope of Work a. Existing Filter building pipe and valve upgrades. b. Existing Filter control panel upgrades. c. Existing Filter building HVAC upgrades. d. Replacement of the existing Fluoride Storage tank with a dual wall tank to fit based on the United Specification section 11220 dated March 2026 e. Replacement of the Fluoride and Chlorine feed systems based on the United Specification 11200 dated March 2026 f. Replace the existing generator g. Building envelope improvements such as air handling replacements and dehumidifiers in restricted airflow areas h. High Service Pump and Piping removal and replacement. i. Backwash Pump and Piping removal and replacement. j. Waste Pump and Piping removal and replacement. k. Airwash Blower and Piping removal and replacement. l. Filter underdrain acid wash included per notes below. Notes (We have included the following work inside the filters, all similar to our previous job at the Pinhook WTP) i. Moving of all existing media to adjacent filter. ii. Acid wash of underdrains with aggressive backwash provided by the City. iii. Up to two weeks of rehab/cell. iv. Placement of existing media back in filter. Scope shown on drawings but not included a. All work associated with the Arsenic removal process and the building addition. b. All work associated with re-routing piping and sitework associated with the building addition. c. Moving Electrical Room to Old Chlorine Room (including Masonry) Notes i. Plan sheet 2 of 26 notes 17 & 18 call out the coating of all existing piping and walls. Specific areas to coat/paint will be further defined onsite with staff 8802 North Meridian Street • Indianapolis, IN 46260 • P: 317.842.2616 • F: 317.841.4257 • www.bowenengineering.com ii. Plan sheet 16 of 26 calls out a proposed roof over the old aerator area. Due to budget restrictions this has been excluded at this time. General a. Bowen has not included costs for any contaminated/hazardous material handling and/or disposal. b. Bowen has not included any budgets for Right of Ways, Right of Entries, Easements, Temp Easements. c. No costs for permits or railroad monitoring are included in this proposal. d. All permits, including INDOT, are by others. e. Unless noted otherwise, pricing is based upon the assumption that the work will be performed during normal working hours (8 hours per day – approximate start/end time 7:00 AM and 5:00 PM). Holiday, weekend, and overtime costs are not included. f. This proposal is based off the ability to shut this plant down for all tie-ins and replacements. g. All pipes to be abandoned are to be left in place with the ends grouted/plugged. h. Plan sheet S003 calls out several areas of Special Inspections. These are to be paid by the Owner and limited to only necessary items. i. Our proposal is based on using existing power provided by the City for temporary construction power. j. This project meets AIS requirements, but BABA is not included. Date: 06/16/2026 Name: Becca Plantz Department of Public Works – Engineering Division BPW Date: 06/23/2026 Phone Extension: 5998 Required Prior to Submittal to Board BPW Attorney Attorney Name Michael Schmidt Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name Bowen Engineering Corporation New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Edison WTP Improvements Guaranteed Savings Contract Project Number 123-067 Funding Source State Revolving Fund Account No. Amount $8,000,000 Terms of Contract Guaranteed Maximum Purpose/Description Sign contract with selected provider, Bowen Engineering, for a Guaranteed Savings Contract for improvements to the Edison Water Treatment Plant. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: