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HomeMy WebLinkAboutSHORT FORM AGREEMENT Rexburg DewateringDrying20260909 SHORT FORM AGREEMENT BETWEEN OWNER AND AQUA ENGINEERING FOR PROFESSIONAL SERVICES EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of September 16, 2026 (“Effective Date”) between City of Rexburg (“Owner”) and AQUA Engineering (“Engineer”). Owner’s Project, of which Engineer’s services under this Agreement are a part, is generally identified as follows: Dewatering Replacement and Drying Upgrade (“Project”). Engineer’s services under this Agreement are generally identified as follows: GENERAL PROJECT DESCRIPTION Rexburg City intends to upgrade the existing facilities at their wastewater treatment plant (WWTP). The City previously completed a facility planning report in 2022 that identified several needed projects at the WTTP. Solids handling was one of those projects. The City is looking to move forward with this project and also would like to consider replacing the existing screw presses as part of this work. The screw presses have been difficult to service and are currently performing poorly. The manufacturer representative in a recent visit indicated the next repair cycle would require the replacement of the wedge wire screens, which is the majority of the equipment and as such, the City is considering their replacement. In addition, the City has experienced limited capacity producing Class A biosolids and still has to rely on the existing drying beds to provide a suitable product for disposal. To increase the Class A biosolids capacity and provide a dry product, ready for disposal, the City would like to install a dryer at this time. This would greatly reduce the potential for odors as the drying beds would normally not be used for drying. The following items are assumed: • The existing Facility Plan Report will be generally utilized and followed as the primary planning document for this work • Design flow is 5.7 mgd, 2040 ADF based on the 2022 facility plan • Design WAS loading to solids handling will be 20,536 lbs of TSS/day, 10.27 DTPD (dry tons per day), estimated using the following: o 2040 ADF = 5.7 mgd o 2040 BOD influent = 540 mg/l (25,671 lbs BOD/day) o Yield rate = 0.80 lbs TSS/lb BOD o Pasteurization and digestion will not be used • Dewatering will produce 16% dry solids cake to be sent to the drying process • Brief evaluation of existing processes will be performed to determine pros/cons • Dewatering equipment replacement will consider belt presses, volute presses, and fan presses • Dewatering process redundancy will include 1 standby unit • Dewatering equipment will remain in existing dewatering building or be placed in existing solids storage building if space allows • Sludge storage will be provided for dewatered solids, to be fed to drying system • Use of existing solids storage building to house drying equipment will be considered • Indirect screw dryers will be considered for drying installation • Drying process redundancy is considered to be 1 duty and 1 standby unit • Process automation will be provided • Construction services will be discussed at the conclusion of the design phase EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 SCOPE OF WORK Task 1 – Project Administration 1-A. Project Schedule and Status Reports AQUA shall submit an initial schedule at the project kick-off meeting with pertinent milestones for the major tasks involved in the project. The schedule shall be updated on a monthly basis or when significant changes are agreed upon. An updated project schedule and monthly status report will be submitted each month with the project billing. 1-B. Engineering Phase Meetings At a minimum, AQUA’s project manager and appropriate design team members will meet with the City at the following times. • A “kick-off” meeting to establish project requirements and constraints • “Concepts” meeting(s) to review design criteria and conceptual facility layout alternatives during the preliminary design phase • Review meetings at each design milestone (30%, 60%, & 90%) For fee purposes, AQUA has assumed there will be twelve (12) meetings with the City, with most of these being virtual meetings. AQUA will submit a copy of the meeting agenda to the City for review one working day before each meeting. AQUA will record the minutes of all meetings and submit a draft copy of the meeting minutes to City for review and comment within five (5) working days after each meeting, and before distribution to the meeting attendees. Deliverables AQUA shall provide the City with the following Task 1 items through the end of the design phase (Task 4) only: • Meeting Agendas - draft copy in MS Word for review and comment • Meeting Minutes - draft copy in MS Word for review and comment followed by PDF copy to each attendee • Monthly Status Report - paper copy with invoice and PDF copy by e-mail in a format to be provided by the City • Monthly Updated Project Schedule – paper copy with invoice and electronic copy by e-mail Task 2 – Preliminary Engineering 2-A. Site Reconnaissance AQUA shall conduct a site reconnaissance of the dewatering and drying areas with the appropriate design team personnel who possess the required level of expertise. City representatives will accompany AQUA during the site visit. 2-B. Review Existing Documents AQUA shall review all applicable technical reports, studies, engineering drawings, underground utility records, as-built drawings, and O&M manuals related to the solids handling improvements and utilities in the vicinity of the project site. AQUA shall collect and document data necessary to understand the site constraints to support its findings, conclusions, and recommendations, and to prepare the final design and bid documents for the Project. EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 2-C. Field Survey A site survey of the dewatering and drying areas will be performed to provide accurate survey information for this area. This will include a 3D survey of the existing facilities. This work will establish accurate building and equipment measurements, improving the ability to accurately tie into the existing facilities as they are currently configured. 2-D. Preliminary Design Memorandum The Design Criteria Memorandum will summarize design criteria for this upgrade. Additionally, it will address the general design approach to the project as required and IDAPA 58.01.16.411.03 as it specifically relates to the dewatering and drying portions of the WWTP but will rely on the existing Facility Plan Report for overall information related to the facility. With the design criteria established, the memorandum will identify dewatering and drying alternatives and evaluate those alternatives. Alternatives will be discussed with the City to receive input and direction from the City. A recommendation will be provided along with an implementation plan. This will provide for the basis of design for the project. 2-E. Conceptual Drawings (30%) and Cost Estimate AQUA will provide preliminary layouts of the dewatering and drying facilities along with a preliminary project cost estimate. The conceptual drawings will represent a 30% drawing submittal and will include all major plan view drawings with some section views for clarification. Detailed drawings will not be provided at this level. Electrical one-lines and P&IDs will also be included in this package. Review of the package and coordination with fire department and fire safety consultant will also be performed as part of this task. Deliverables AQUA shall submit the following Task 2 items for City’s review, comment, approval, or use: • Draft Preliminary Design Memorandum– PDF file • Final Preliminary Design Memorandum – One bound signed/sealed copy and PDF copy including all text, tables, graphs figures, exhibits, plates, photographs, site plans, elevations, and drawings • 30% Conceptual Drawings – PDF • Copy of survey control map and report Task 3 – Equipment RFP AQUA will work with the City to develop an Equipment RFP to be used for the selection of the dewatering and drying equipment. This document will include the design criteria along with equipment requirements to meet the project requirements. It will also include selection criteria such as cost, operability, references, delivery timelines, warranties, materials of construction, and owner’s preference, which shall be used to evaluate the equipment. Proposals will be solicited from manufactures, reviewed by AQUA and the City, and then with the City’s input a recommendation of award will be made. The equipment can either be purchased directly by the City or assigned to the construction contractor. However, POs shall be issued for submittals so the actual equipment submittals can be used as part of the design process and to help shorten the delivery time for these items. Deliverables • AQUA will provide the RFP document to be sent to equipment manufacturers. • AQUA will review equipment proposals and provide a memorandum with recommendations to City for equipment selection. EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 Task 4 - Final Engineering and Preparation of Construction Contract Documents The Final Engineering Documents prepared by AQUA shall include all engineering services required by the City to carry out the concepts agreed upon by the City in the Preliminary Engineering task. Final Engineering shall include detailed engineering calculations, designs, construction plans, specifications, special conditions, and engineer’s cost estimates for the project, sufficient in content and detail to enable the City to advertise for bids and award the construction contract for the project. AQUA will prepare the contract front end documents including: • Notice Inviting Bids • Instructions to Bidders • Bid Form • Bid Schedule • Contractor’s Certificate Regarding Worker’s Compensation • Bid Bond • Designation of Subcontractors • Information Required of Bidders • Non-Collusion Affidavit • Contract • Performance Bond • Payment Bond (Labor and Materials) • General Conditions • Special Conditions • Federal Requirements These will be based on our standard EJCDC front end documents and will be reviewed by the City. AQUA shall provide to the City all final complete plans on standard plan or plan and profile 22” x 36” size sheets, with AQUA’s standard title block format. Details shall be drawn to a scale of 1” = 8’, or larger. Dimensions shall be shown in English units. AQUA shall prepare the final engineer’s construction cost estimate. AQUA shall prepare the estimate in Microsoft Excel and submit it to City with the final plans and specifications. Deliverables AQUA shall submit to City the following for review, comment, approval and use. Provide all electronic files in PDF 4-A. 60% submittal • Half-size plan sets • Specifications outline • Construction cost estimates • Electronic files will be delivered as PDF files 4-B. 90% submittal • Copy of City’s 60% plan review comments with resolution response • Half-size plan sets • Copies of special conditions, technical specifications, description of work, bid form • Construction cost estimate EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 • Electronic files will be delivered as PDF files 4-C. 100% submittal • Copy of City’s 90% plan review comments with resolution response • Half-size plan sets • Copies of special conditions, technical specifications, description of work, bid form • Construction cost estimate • Electronic files will be delivered as PDF files • Documents will be submitted to DEQ for their review and approval • Documents will be submitted to the City for both building permit and flood plain permit review 4-D. Final submittal • Copy of City’s 100% plan review comments with resolution response • One set of original signed/sealed, reproducible, half-size drawing prints • One final technical specifications set • One construction cost estimate • Electronic Files as follows: o PDF file of drawings (after plans have been signed) o PDF file of special conditions, final technical specifications, and description of work o PDF file of construction cost estimate Task 5 – Bidding Services 5-A. Bidding Services AQUA shall assist the City in providing clarification and prepare information to be used in addenda as needed for questions arising during the bidding process. City will prepare any required addenda, if there are special requirements for formatting and distribution, and distribute to the plan holders. AQUA shall attend the pre-bid meeting. The City will review and authorize any changes made during the bidding process. 5-B. Conformed Plans AQUA shall prepare conformed plans for use in the construction of the project. The conformed plans shall reflect changes made during bidding and will be noted as a revision to the final construction plans. Deliverables Conformed Set • One set each of full and reduced size (11”x17”) conformed drawing prints • One set of revised technical specifications • Electronic copies of documents (PDF format) Task 6 - Engineering Services During Construction - TBD Task 7 – Construction Observation - TBD Task 8 - SCADA Programming - TBD EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 CLARIFICATIONS, EXCLUSIONS, AND ADDITIONAL SERVICES Additional or supplemental services beyond the above Scope of Work shall be performed only upon mutual agreement in writing between the City of Rexburg and AQUA. These services include additional work resulting from changes in the extent of the Project or its design including, but not limited to, changes in Project size, complexity, schedule, or character, or construction approach. Geotechnical investigations are not included in this scope of services. It is assumed that previous geotechnical work at the plant site can be used to perform the design. If additional geotechnical work is needed, a change order would be required to include this work. EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide or furnish the Services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above (“Additional Services”). B. Engineer shall complete its Services within the following specific time period: 12 months from execution of this agreement C. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer’s Services is impaired, or Engineer’s Services are delayed or suspended, then the time for completion of Engineer’s Services, and the rates and amounts of Engineer’s compensation, shall be adjusted equitably. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer’s invoice, then (1) the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day, and (2) in addition Engineer may, after giving seven days written notice to Owner, suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services, Additional Services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. B. Payment: As compensation for Engineer providing or furnishing Services and Additional Services, Owner shall pay Engineer as set forth in Paragraphs 2.01, 2.02 (Services), and 2.03 (Additional Services). If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion. 2.02 Basis of Payment—Lump Sum A. Owner shall pay Engineer for Services as follows: 1. A Lump Sum amount of $845,750.00. 2. In addition to the Lump Sum amount, reimbursement for the following expenses: None B. The portion of the compensation amount billed monthly for Engineer's Services will be based upon Engineer's estimate of the percentage of the total Services actually completed during the billing period. 2.03 Additional Services: For Additional Services, Owner shall pay Engineer an amount equal to the cumulative hours charged in providing the Additional Services by each class of Engineer’s employees, times standard hourly rates for each applicable billing class; plus reimbursement of EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 expenses incurred in connection with providing the Additional Services and Engineer’s consultants’ charges, if any. Engineer's standard hourly rates are attached as Appendix 1. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer’s Services are delayed for more than 90 days for reasons beyond Engineer’s control, or as the result of the presence at the Site of undisclosed Constituents of Concern, as set forth in Paragraph 5.01.I. c. Engineer shall have no liability to Owner on account of a termination for cause by Engineer. d. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all Services and Additional Services performed or furnished in accordance with this Agreement, plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and Additional Services, and Engineer’s consultants’ charges, if any. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor’s work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a Constructor to comply with laws and regulations applicable to such Constructor’s furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. C. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish and perform its work. D. Engineer’s opinions (if any) of probable construction cost are to be made on the basis of Engineer’s experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by Engineer. If Owner requires greater assurance as to probable construction cost, then Owner agrees to obtain an independent cost estimate. E. Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents other than those made by Engineer or its consultants. F. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all Services and Additional Services relating to preparation of the documents and subject to the following limitations: 1. Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; 2. any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; 3. Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and 4. such limited license to Owner shall not create any rights in third parties. G. Owner and Engineer may transmit, and shall accept, Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, and (2) agree that Engineer’s total liability to Owner under this Agreement shall be limited to the total amount of compensation received by Engineer, $845,750.00. I. The parties acknowledge that Engineer’s Services do not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until such portion of the Project is no longer affected, or terminate this Agreement for cause if it is not practical to continue providing Services. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. K. This Agreement is to be governed by the law of the state in which the Project is located. L. Engineer’s Services and Additional Services do not include: (1) serving as a “municipal advisor” for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements; or (4) providing legal advice or representation. M. Insurance: Engineer shall procure and maintain, at Engineer’s expense, from insurers authorized to do business in Idaho: (1) workers’ compensation insurance as required by statute; (2) commercial general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, naming Owner as an additional insured; (3) automobile liability insurance with a combined single limit of not less than $1,000,000; and (4) professional liability insurance with limits of not less than $2,000,000 per claim and $2,000,000 in the aggregate, which Engineer shall maintain in effect for the duration of the Services and for not less than three (3) years following completion of construction of the Project. Engineer shall furnish certificates of insurance evidencing the required coverages to Owner before commencing the Services and upon each renewal. N. Indemnification: To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner and its officers, employees, and agents from and against claims, damages, losses, and expenses, including reasonable attorneys’ fees, to the extent caused by the negligent acts, errors, or omissions of Engineer or Engineer’s consultants in the performance of Services or Additional Services under this Agreement. Nothing in this paragraph requires Engineer to indemnify Owner against liability for damage arising out of Owner’s sole negligence. O. Limited Authority: Engineer is not an agent of Owner and has no authority to bind Owner. Engineer shall not issue, advertise, or distribute any invitation to bid, request for proposals, solicitation, addendum, or other procurement document, and shall not negotiate any contract, purchase order, or other commitment, on Owner’s behalf without Owner’s prior express written authorization. All solicitations, negotiations, awards, contracts, and amendments relating to the Project shall be issued and finalized by Owner. Engineer’s recommendations, including equipment and award recommendations, are advisory only. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Definitions B. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and consultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner’s work forces, utility companies, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. C. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. Attachments: Appendix 1, Engineer's Standard Hourly Rates Appendix 2, Estimated Project Schedule IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of Rexburg ] Engineer : AQUA Engineering By: [ ] By: Print name: [ ] Print name: Justin R Logan Title: [ ] Title: Principal Engineer Date Signed: [ ] Date Signed: September 9, 2026 Address for Owner’s receipt of notices: Address for Engineer’s receipt of notices: [ ] 533 W 2600 S, Suite 275 Bountiful UT 84010 Justin.logan@aquaeng.com Appendix 2, Estimated Project Schedule EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is Appendix 1, Engineer’s Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated September 11, 2026. Engineer’s Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 2.01, 2.02, and 2.03, and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Hourly Billing Rates 2026 Principal Engineer 247 Project Manager 242 Project Engineer III 226 Project Engineer II 205 Project Engineer I 179 Planner/Funding Specialist 152 CAD Designer/Manager 168 CAD Designer III 158 CAD Designer II 147 CAD Designer I 126 Administrative/Project Coordinator 105 Const. Management Specialist II 189 Const. Management Specialist I 152 On-Site Construction Inspection 147 Electrical Principal Engineer 247 Electrical Engineer III 226 Electrical Engineer II 205 Electrical Engineer I 179 CAD Designer/Manager 168 CAD Designer III 158 CAD Designer II 147 CAD Designer I 126 Controls Project Manager 215 Controls Engineer III 205 Controls Engineer II 189 Controls Engineer I 163 Electrical Transmission Engineer 236 Administrative 105 Appendix 2, Estimated Project Schedule EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Reimbursable Expenses Schedule Additional expenses will be handled in the following manner: Mileage: IRS per mile rate for vehicles not rented Printing Costs: Pass through at cost for project documents Sub-Consultants: Pass through at cost, no mark-up Appendix 2, Estimated Project Schedule EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is Appendix 2, Estimated Project Schedule Task Duration Date Started Date Completed Engineer Notice to Proceed: 0 9/16/26 9/16/26 Review of Existing Reports 7 9/16/26 9/23/26 Review Growth & Design Criteria 14 9/23/26 10/7/26 Design Criteria Memo 21 10/7/26 10/28/26 Prepare Equipment RFP Docs 14 10/28/26 11/11/26 RFP Due 28 11/11/26 12/9/26 RFP Recommendations Memo 7 12/9/26 12/16/26 30% Design Package (start with RFP Prep) 60 10/28/26 12/27/26 City Review 7 12/27/26 1/3/27 60% Design Package 70 1/3/27 3/14/27 City Review 7 3/14/27 3/21/27 90% Design Package 70 3/21/27 5/30/27 City and State Review 35 5/30/27 7/4/27 Issue Bidding Documents 7 7/4/27 7/11/27 Contractor Bidding 28 7/11/27 8/8/27 Prepare Contract Documents 28 8/8/27 9/5/27 Construction Notice to Proceed 7 9/5/27 9/12/27 Complete Construction 365 9/12/27 9/11/28