R2012-180 AUTHORIZING AGREEMENT WITH BLACK & VEATCH CONSTRUCTION INC.

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c Article 1 Scope of Work 1.1 Design/Builder shall perform design services, construction, procurement services and provide material, equipment, tools and labor or any combination thereof in connection with the Owner's Alluvial Well Fields and associated facilities (the"Project") in accordance with the terms of this Agreement and the Scope of Work stated in Exhibit A. Article 2 Contract Documents 2.1 The Contract Documents ("Contract Documents") are comprised of the following: .1 All written modifications, amendments and change orders to this Agreement when agreed; .2 This Agreement, including all exhibits and attachments; .3 Standard Form of General Conditions of Contract Between Owner and Design/Builder June 2012 ("General Conditions of Contract') attached hereto; .4 Written Supplementary Conditions, if any, to the General Conditions of Contract; .5 The General Conditions of Contract as modified; .6 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract; and .7 Owner's Project Criteria. Article 3 Interpretation and Intent 3.1 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s)for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. 3.2 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.3 The Contract Documents form the entire agreement between Owner and Design/Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data furnished by Design/Builder to Owner under this Agreement ("Work Product') are deemed to be instruments of service and Design/Builder and Owner shall retain the co-ownership and property interests therein, including the copyrights thereto. DB Agreement October 2012 Decatur, Illinois Page 2