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Item 3.11 Martin Farms Lift Station Improvements - Amendment No 1 to Owner Engineer Agreement Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Utilities Utility Manager Neidermeier November 24, 2025 PRESENTER(s) REVIEWED BY: ITEM #: Consent AE2S Engineer Hanson City Administrator/Finance Director Flaherty 3.11 – Martin Farm Lift Station Improvements STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City Staff recommend City Council approval of an amendment to a professional services agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: The original professional services agreement with AE2S for the Martin Farms Lift Station Improvements included design and bidding phase services for the project. The proposed professional services amendment expands AE2S’s scope to include construction administration, resident project representative (construction observation) services, post- construction services, and controls programming and integration. The amendment follows the same modifications to the terms and conditions as seen on previous projects to include these services. Construction Phase $ 48,600.00 Post-Construction Phase $ 8,900.00 I&C Programming $ 42,100.00 Total Amendment $ 99,600.00 Original Agreement Amount $ 97,800.00 New Total Agreement $ 197,400.00 The professional service scope was presented to the Public Works Subcommittee on November 19, 2025, with a recommendation for consideration of approval by the City Council. The City Attorney has reviewed and approved the amendment. City staff recommend approval of the amendment. This is primarily a Wastewater Utility project, but a portion of this project will be supported by the Drinking Water Utility due to provisions for a future drinking water supply well. The lift station’s electrical system will be able to power both the lift station and the future supply well, allowing both facilities to share a single emergency generator. The estimated construction cost attributable to the water supply well is $117,380, or about 14% of the total $838,425 awarded bid cost. Accordingly, 14% of the Construction and Post-Construction Phase services will be allocated to the Drinking Water Utility, with the remaining costs covered by the Wastewater Utility, as shown below: Drinking Water Wasterwater Description Total Fee Utility Fund (14%) Utility Fund (86%) Construction Bid Cost $ 838,425.00 $ 117,380.00 $ 721,045.00 Engineering Services Design & Bidding Phases $ 97,800.00 $ 0.00 $ 97,800.00 Construction Phase $ 48,600.00 $ 6,804.00 $ 41,796.00 Post-Construction Phase $ 8,900.00 $ 1,246.00 $ 7,654.00 I&C Programming* $ 42,100.00 $ 0.00 $ 42,100.00 Total Engineering Services $ 197,400.00 $ 8,050.00 $ 189,350.00 * No portion of the programming and integration scope will include work related to the future supply well at this time. • Exhibit K – Amendment to Owner Engineer Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve Exhibit K “Amendment to Owner-Engineering Agreement, Amendment No. 1” – a professional services contract amendment in the amount of $99,600 with Advanced Engineering and Environmental Services, LLC. BUDGET INFORMATION FUNDING: BUDGETED: Fund 601 – Drinking Water Utility ($8,050) Fund 602 – Wastewater Utility ($91,550) Yes Amendment No. 1 Page 1 AE2S Project No: P05409-2023-010 AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. 1 The Effective Date of this Amendment is: November 19, 2025 Background Data Effective Date of Owner-Engineer Agreement (“Original Agreement”): January 15, 2025 Owner: City of Otsego, Minnesota Engineer: Advanced Engineering and Environmental Services, LLC (AE2S) Project: Martin Farms Lift Station Improvements Nature of Amendment: X Additional Services to be performed by Engineer X Modifications of payment to Engineer X Modifications to time(s) for rendering services Description of Modifications to Exhibit A of the Original Agreement:  Engineer shall perform the following Additional Services: A1.07 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. a. Loan Application: Consult with Owner to produce a completed State Revolving Fund (SRF) loan application for the project financing. It is anticipated that Engineer will complete the loan application relying upon project knowledge and previously completed city reports with review and official submittal by Owner. b. Financial Administration: Conduct Contractor payroll interviews, conduct certified payroll verification, conduct American Iron and Steel compliance verification, consult with Owner for loan draw amounts, and coordinate loan draw requests. Amendment No. 1 Page 2 2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Attachment No. 1. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in this Agreement. 3. Selecting Independent Testing Laboratory: If deemed necessary, assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01.O. 4. Pre-Construction Conference: Participate in and host a Pre-Construction Conference prior to commencement of Work at the Site. 5. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. Baselines and Benchmarks: As appropriate, coordinate establishment (by others) of baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor’s Work, nor Amendment No. 1 Page 3 for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish or perform the Work in accordance with the Contract Documents. 8. Defective Work: Recommend to Owner rejection of Work if, on the basis of Engineer’s observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 12. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or- equal” materials and equipment proposed by Contractor, but subject to the provisions of the Contract Documents. 13. Inspections and Tests: Require such special inspections or tests of Contractor’s work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor’s work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor’s Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be Amendment No. 1 Page 4 inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15. Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor’s Completion Documents: Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. 17. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially complete. If after considering any objections Amendment No. 1 Page 5 of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Additional Tasks: Perform or provide the following additional Construction Phase tasks or deliverables: a. The visits described in Article A1.07.A.7.a are anticipated to occur monthly, or more frequently. b. The Engineer shall document visits to the project site in writing on standard inspection report forms with copies furnished to the Owner and Contractor. c. Upon Substantial Completion, the Engineer shall provide a copy of the Certificate of Substantial Completion to the Owner. d. Attend Council meetings, as needed, to provide a project completion, present applications for payment, recommend the approval of change orders, and discuss other pertinent matters. 19. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is such that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Attachment No. 2 (the “Notice of Acceptability of Work”) that the Work is acceptable (subject to the provisions of Paragraph A1.07.A.15.b) to the best of Engineer’s knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractor. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. C. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A1.08 Post-Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. Amendment No. 1 Page 6 2. Together with Owner or Owner’s representative, visit the Project within one month before the end of the correction period to ascertain whether any portion of the Work is subject to correction. 3. Perform or provide the following additional Post-Construction Phase tasks or deliverables: a. Prepare an electronic copy of the Operations and Maintenance Manual for use by Owner. b. The Engineer shall prepare Record Drawings showing appropriate record information based on Project annotated record documents received from the Contractor, and furnishing such Record Documents to Owner as one (1) electronic PDF document. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified, will terminate twelve months after the commencement of the Construction Contract’s correction period. A1.09 I&C Programming Services A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall perform the following tasks: 1. Project controls planning and coordination items. 2. Perform PLC programming within Martin Farms Lift Station PLC to achieve the following: a. Lift station pump speed control option based upon variable frequency drive (VFD) setpoint. b. Lift station flow control option based upon gallons per minute (GPM) setpoint (if equipped with flowmeter). c. Two daily high speed full wetwell flush maintenance modes with adjustable VFD speed setpoint and start/stop level, time of day, and time duration setpoints. d. Adjustable lead, lag, and lag-lag pump start/stop setpoints. e. Automatic pump alternation with manual lead, lag, and lag-lag option. f. Wetwell level monitoring and trending. g. Pump runtimes with start counts (today, yesterday, cumulative). h. Generator runtimes with start counts (today, yesterday, cumulative). i. Alarming to include enable/disable control and consist of the following alarms: 1) SCADA Communication Failure. 2) Phase Failure. 3) Control Power Failure. 4) UPS Power Not Available. 5) Wetwell High Level (Float). 6) Wetwell High Level (Transducer). 7) Wetwell Low Level (Float). Amendment No. 1 Page 7 8) Wetwell Low Level (Transducer). 9) Pump VFD Fault (all pumps). 10) Pump Overtemp (all pumps). 11) Pump High Temp (all pumps). 12) Pump Required and Not Running (all pumps). 13) Generator and ATS items. 3. Perform programming within Martin Farms Lift Station operator interface to include local data monitoring and controls adjustment. 4. Create data mapping and messaging within master Tower 2 PLC for SCADA and alarming purposes. 5. Create data mapping within West Wastewater Treatment Facility (WWTF) PLC for SCADA and alarming purposes. 6. Create data mapping within East WWTF PLC for SCADA and alarming purposes. 7. Create SCADA graphics within System Platform SCADA system including data monitoring and controls adjustments. 8. Configure alarming within Win-911 alarm notification software. 9. Provide and install 4RF LTE cellular modem and antenna/cabling within new control panel. 10. Cellular modem configuration and commissioning. 11. Radar level transmitter configuration and commissioning. 12. Site security communications items. 13. System testing and commissioning. 14. Provide OWNER with PLC programs and documentation. B. Limited Equipment Warranty ENGINEER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS MANUFACTURED BY A THIRD PARTY, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. ENGINEER’S SOLE RESPONSIBILITY TO OWNER WITH RESPECT TO ANY EQUIPMENT OR COMPONENTS AND PARTS MANUFACTURED BY A THIRD PARTY AND INCORPORATED INTO THE EQUIPMENT SHALL BE TO PASS THROUGH TO OWNER SUCH ORIGINAL EQUIPMENT MANUFACTURER'S AVAILABLE PRODUCT WARRANTY. THE REMEDIES SET FORTH IN THE MANUFACTURER’S TERMS SHALL Amendment No. 1 Page 8 BE THE CLIENT’S SOLE AND EXCLUSIVE REMEDY AND ENGINEER’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.  Duties, Responsibilities, and Limitations of Authority of Resident Project Representative is incorporated in this Amendment as Attachment No. 1  Notice of Acceptability of Work is incorporated in this Amendment as Attachment No. 2.  For the Additional Services set forth above, Owner shall pay Engineer the following additional compensation: Construction Phase $ 48,600.00 Post-Construction Phase $ 8,900.00 I&C Programming $ 42,100.00 Compensation for Resident Project Representative Basic Services – Hourly Method of Payment A. Owner shall pay Engineer for Resident Project Representative Basic Services as follows: 1. Resident Project Representative Services: The above amount includes compensation for the Resident Project Representative’s services. Appropriate amounts have been incorporated in the amount to account for labor costs, overhead, profit, and expenses related to the Resident Project Representative’s Services. 2. Reimbursable Expenses: In addition to the amount, Engineer is also entitled to reimbursement from Owner for the Reimbursable Expenses defined in Appendix 2 – Reimbursable Expenses in the Owner-Engineer Agreement dated January 15, 2025. 3. Resident Project Representative Schedule: The hourly amount set forth above is based on part-time RPR services on a 40-hour workweek Monday through Friday providing part-time RPR over 18 months of active construction to the substantial completion date. Due to the nature of the project, supplemental RPR will be provided during critical project timeframes (i.e. large concrete pours, etc.). Modifications to the schedule shall entitle Engineer to an equitable adjustment of compensation for RPR services.  Change in time for services (days or date, as applicable): • Conclusion of the Warranty Period, which is anticipated to be December 31, 2027. Agreement Summary: Original agreement amount: $ 97,800.00 Net change for prior amendments: $ 0.00 This amendment amount: $ 99,600.00 Adjusted Agreement amount: $197,400.00 Amendment No. 1 Page 9 Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. OWNER: ENGINEER: By: By: Print name: Print name: Title: Title: Date Signed: Date Signed: Attachment No. 1 - Resident Project Representative Amendment No. 1 Page 1 ATTACHMENT No. 1 Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Article 1 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 1 - SERVICES OF ENGINEER D1.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative (“RPR”) to assist Engineer in observing progress and quality of the Work. The RPR may provide full-time representation or may provide representation to a lesser degree. RPR is Engineer’s representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR’s actions. B. Through RPR's observations of the Work, including field checks of materials and installed equipment, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, as a result of such RPR observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to the Work or any Constructor’s work in progress, for the coordination of the Constructors’ work or schedules, or for any failure of any Constructor to comply with Laws and Regulations applicable to the performing and furnishing of its work. The Engineer (including RPR) neither guarantees the performances of any Constructor nor assumes responsibility for any Constructor’s failure to furnish and perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. In addition, the specific terms set forth in Paragraph A1.07, of this Agreement are applicable. C. The duties and responsibilities of the RPR are as follows: 1. General: RPR’s dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR’s dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, schedule of values, and other schedules prepared by Contractor and consult with Engineer concerning acceptability of such schedules. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof. 4. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR’s own personal safety while at the Site. Attachment No. 1 - Resident Project Representative Amendment No. 1 Page 2 5. Liaison: a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Construction Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 6. Clarifications and Interpretations: Receive from Contractor submittal of any matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. Report to Engineer regarding such RFIs. Report to Engineer when clarifications and interpretations of the Construction Contract Documents are needed, whether as the result of a Contractor RFI or otherwise. Transmit Engineer’s clarifications, interpretations, and decisions to Contractor. , 7. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor-approved Shop Drawings. b. Receive Samples that are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal, if RPR believes that the submittal has not been received from Contractor, or has not been approved by Contractor or Engineer. 8. Proposed Modifications: Consider and evaluate Contractor’s suggestions for modifications to the Drawings or Specifications, and report such suggestions, together with RPR’s recommendations, if any, to Engineer. Transmit Engineer’s response (if any) to such suggestions to Contractor. 9. Review of Work; Defective Work: a. Report to Engineer whenever RPR believes that any part of the Work is defective under the terms and standards set forth in the Construction Contract Documents, and provide recommendations as to whether such Work should be corrected, removed and replaced, or accepted as provided in the Construction Contract Documents. b. Inform Engineer of any Work that RPR believes is not defective under the terms and standards set forth in the Construction Contract Documents, but is nonetheless not compatible with the design concept of the completed Project as a functioning whole, and provide recommendations to Engineer for addressing such Work; and c. Advise Engineer of that part of the Work that RPR believes should be uncovered for observation, or requires special testing, inspection, or approval. Attachment No. 1 - Resident Project Representative Amendment No. 1 Page 3 10. Inspections, Tests, and System Start-ups: a. Consult with Engineer in advance of scheduled inspections, tests, and systems start-ups. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public or other agencies having jurisdiction over the Work. e. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results of these inspections, and report to Engineer. 11. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, copies of Construction Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Construction Contract, RFIs, Engineer’s clarifications and interpretations of the Construction Contract Documents, progress reports, approved Shop Drawing and Sample submittals, and other Project-related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Upon request from Owner to Engineer, photograph or video Work in progress or Site conditions. d. Record and maintain accurate, up-to-date lists of the names, addresses, fax numbers, e-mail addresses, websites, and telephone numbers (including mobile numbers) of all Contractors, Subcontractors, and major Suppliers of materials and equipment. e. Maintain records for use in preparing Project documentation. f. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 12. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. Attachment No. 1 - Resident Project Representative Amendment No. 1 Page 4 b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports. d. Immediately inform Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, possible force majeure or delay events, damage to property by fire or other causes, or the discovery of any potential differing site condition or Constituent of Concern. 13. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 14. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 15. Completion: a. Participate in Engineer’s visits to the Site regarding Substantial Completion, assist in the determination of Substantial Completion, and prior to the issuance of a Certificate of Substantial Completion submit a punch list of observed items requiring completion or correction. b. Participate in Engineer’s visit to the Site in the company of Owner and Contractor, to determine completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. c. Observe whether all items on the final punch list have been completed or corrected, and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work (Attachment No. 2). D. Resident Project Representative shall not: 1. Authorize any deviation from the Construction Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in this Agreement. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers, or any Constructor. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Work, by Contractor or any other Constructor. Attachment No. 1 - Resident Project Representative Amendment No. 1 Page 5 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. Attachment No. 2 - Notice of Acceptability of Work Amendment No. 1 Page 1 Attachment No. 2 NOTICE OF ACCEPTABILITY OF WORK PROJECT: OWNER: CONTRACTOR: OWNER’S CONSTRUCTION CONTRACT IDENTIFICATION: EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT: ENGINEER: NOTICE DATE: To: Owner And To: Contractor From: Engineer The Engineer hereby gives notice to the above Owner and Contractor that Engineer has recommended final payment of Contractor, and that the Work furnished and performed by Contractor under the above Construction Contract is acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner and Engineer for Professional Services dated _____ _, and the following terms and conditions of this Notice: CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work (“Notice”) is expressly made subject to the following terms and conditions to which all those who receive said Notice and rely thereon agree: 1. This Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. This Notice reflects and is an expression of the Engineer’s professional opinion. 3. This Notice is given as to the best of Engineer’s knowledge, information, and belief as of the Notice Date. 4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor’s work) under Engineer’s Agreement with Owner, and applies only to facts that are within Engineer’s knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Agreement. Attachment No. 2 - Notice of Acceptability of Work Amendment No. 1 Page 2 5. This Notice is not a guarantee or warranty of Contractor’s performance under the Construction Contract, an acceptance of Work that is not in accordance with the related Contract Documents, including but not limited to defective Work discovered after final inspection, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Construction Contract Documents, or to otherwise comply with the Construction Contract Documents or the terms of any special guarantees specified therein. 6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract, and is subject to Owner’s reservations of rights with respect to completion and final payment. By: Title: Dated: Attachment No. 3 – 2026 Hourly Fee and Expense Schedule Amendment No. 1 Page 1 ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC 2026 HOURLY FEE AND EXPENSE SCHEDULE Labor Rates* Administrative 1 $73.00 Administrative 2 $88.00 Administrative 3 $103.00 Communications Specialist 1 $117.00 Communications Specialist 2 $137.00 Communications Specialist 3 $158.00 Communications Specialist 4 $190.00 Communications Specialist 5 $210.00 Construction Services 1 $140.00 Construction Services 2 $171.00 Construction Services 3 $190.00 Construction Services 4 $211.00 Construction Services 5 $232.00 Engineering Assistant 1 $94.00 Engineering Assistant 2 $111.00 Engineering Assistant 3 $140.00 Engineer 1 $152.00 Engineer 2 $182.00 Engineer 3 $213.00 Engineer 4 $246.00 Engineer 5 $264.00 Engineer 6 $279.00 Engineering Technician 1 $93.00 Engineering Technician 2 $117.00 Engineering Technician 3 $141.00 Engineering Technician 4 $158.00 Engineering Technician 5 $181.00 Financial Analyst 1 $126.00 Financial Analyst 2 $142.00 Financial Analyst 3 $171.00 Financial Analyst 4 $187.00 Financial Analyst 5 $209.00 GIS Specialist 1 $117.00 GIS Specialist 2 $142.00 GIS Specialist 3 $168.00 GIS Specialist 4 $188.00 GIS Specialist 5 $210.00 I&C Assistant 1 $112.00 I&C Assistant 2 $139.00 I&C 1 $166.00 I&C 2 $196.00 I&C 3 $221.00 I&C 4 $234.00 I&C 5 $246.00 IT 1 $145.00 IT 2 $196.00 IT 3 $241.00 Land Surveyor Assistant $107.00 Land Surveyor 1 $129.00 Land Surveyor 2 $156.00 Land Surveyor 3 $175.00 Land Surveyor 4 $193.00 Land Surveyor 5 $213.00 Operations Specialist 1 $112.00 Operations Specialist 2 $140.00 Operations Specialist 3 $173.00 Operations Specialist 4 $198.00 Operations Specialist 5 $222.00 Project Coordinator 1 $130.00 Project Coordinator 2 $145.00 Project Coordinator 3 $162.00 Project Coordinator 4 $178.00 Project Coordinator 5 $201.00 Project Manager 1 $229.00 Project Manager 2 $251.00 Project Manager 3 $269.00 Project Manager 4 $284.00 Project Manager 5 $303.00 Project Manager 6 $317.00 Sr. Designer 1 $199.00 Sr. Designer 2 $221.00 Sr. Designer 3 $238.00 Sr. Financial Analyst 1 $236.00 Sr. Financial Analyst 2 $257.00 Sr. Financial Analyst 3 $279.00 Technical Expert 1 $361.00 Technical Expert 2 Negotiable Attachment No. 3 – 2026 Hourly Fee and Expense Schedule Amendment No. 1 Page 2 Reimbursable Expense Rates Transportation $0.83/mile Survey Vehicle $1.05/mile Laser Printouts/Photocopies $0.30/copy Plotter Printouts $1.00/s.f. UAS - Photo/Video Grade $100.00/day UAS/USV – Survey $50.00/hour Total Station – Robotic $35.00/hour Mapping GPS $60.00/day Fast Static/RTK GPS $50.00/hour All-Terrain Vehicle/Boat $100.00/day Cellular Modem $75.00/month Web Hosting $26.00/month Legal Services Reimbursement $302.00/hour Outside Services cost * 1.15 Geotechnical Services cost * 1.30 Out of Pocket Expenses cost * 1.15 Rental Car cost * 1.20 Project Specific Equipment Negotiable * Position titles are for labor rate grade purposes only. These rates are subject to adjustment each year on January 1.