Bayley Construction LP 5/1/2026 Amendment 1

SERVICES RATE SCHEDULE #Units Cost/Unit Services Rate Schedule 1 Senior Consultant Hourly $155.00 2 Senior Environmental Scientist Hourly $135.00 3 Consultant Hourly $125.00 4 Environmental Scientist Hourly $120.00 5 Field Supervisor Hourly $105.00 6 Monitoring Technician Hourly $100.00 7 Field Technician Hourly $98.00 8 Administration Hourly $65.00 9 Travel Expenses & Per Diem Cost +15% TERMS and CONDITIONS #Item Provided by CLIENT 1 Power & Fueling by others 2 On and off loading of equipment delivered to site 3 Level gravel or paved area for equipment mobilization and setup 4 24 hr access to WATERTECTONICS rental equipment for servicing 5 Water (stormwater, groundwater or hydrant) for the commissioning, startup, and system testing 6 Freeze protection of components/piping external of connex box 7 Permits, licenses, certificates, bonds and any notices required by law. System & Operations 1 2 3 Rental period starts when the equipment is delivered to site and ends when returned to WATERTECTONICS 4 5 Additional labor request must be in writing and will be billed per rates stated in contract 6 If WT is delayed by Client, or anyone else under their control, WT shall be entitled to equitable compensation and time extension. 8 The Customer cannot alter the equipment without WATERTECTONICS prior written approval. 9 10 WATERTECTONICS shall not be responsible for any fines or sanctions as a result of customer's use of the equipment. 11 WATERTECTONICS does not warranty the degree of filtration associated with this equipment. 12 13 All material that comes in contact with WATERTECTONICS equipment including sludge, media and filter bags/cartridges is the responsibility of customer as generator. 14 All filtration media is sold on a no-return/non-refundable basis. The efficiency or the longevity of the filter media cannot be ascertained or estimated. 15 It is the responsibility of the customer to clean and decontaminate all equipment prior to equipment pickup and removal by WATERTECTONICS. Exclusions 1 Wireless subscription fees 2 Union Dues 3 Taxes. Applicable state & local taxes are not included in pricing 4 WATERTECTONICS is not responsible for any fines, damages or sanctions as a result of customer operation systems 6 Costs to WATERTECTONICS associated with Owner Controlled Insurance (OCIP) or WRAP insurance programs 7 Hazardous material sampling, testing and disposal. 6 Customer is prohibited from deducting retention from WATERTECTONICS invoices and charging WATERTECTONICS liquidated damages. Billing & Payment 1 2 3 4 5 Standard Conditions 1 2 3 4 5 6 7 8 Expiration. Unless specified otherwise, this bid quotation shall not remain in effect after 30 days of the bid date unless accepted in writing or by Contract. 9 10 Client Authorization Signature:Title: Name:Date: Hold Harmless: Customer shall hold harmless, indemnify and defend Water Tectonics from any claims whatsoever, arising from or related to (A) any pollution, contamination, environmental impairment and/or similar condition directly or indirectly caused by or resulting in whole or in part from Customer's use of any Equipment or (B) any environmental statutory or regulatory compliance requirements applicable to any equipment (or any use thereof) and required under any and all foreign or domestic federal, state or local laws, ordinances, regulations, codes, or requirements of any governmental authorities which regulate or impose standards of liability or conduct concerning air, water, soils, wetlands and watercourses, solid waste, hazardous waste and/or materials, worker and community right-to-know, noise, resource protection, health protection and similar environmental, health, safety, and land use concerns as may now or at any time hereafter be in effect. This indemnification shall survive the termination of the agreement. Insurance. Client shall keep the equipment insured against all risks of loss or damage from every cause whatsoever for not less that the full replacement value thereof and shall carry public liability and property damage insurance covering the equipment. WT shall maintain in place, throughout the performance of its work hereunder, worker's compensation coverage as required by law, and commercial general liability insurance, for bodily injury and property damage coverage (without the exclusion for explosion, collapse and underground loss), with a single occurrence limit of $1 Million. WT shall only be required to provide such coverage to the extent of MDCI's share in the total fault causing loss or damage Client and WT shall adhere to a mutually agreed upon schedule. Client shall provide workmen, materials, and supervision as needed to expedite the work to meet or exceed the project schedule. Notice to proceed is required prior to beginning any and all work on or off-site. Business hours are Monday through Friday 7:00 AM - 5:00 PM. Standard hours are 8hr/day, 40hr/week. Overtime will be invoiced at 1.5 times the regular rate for after hours work and 2.0 times the regular rate for work occurring on company recognized holidays. Customer is responsible for equipment, repairs, maintenance and damage, excluding normal wear and tear. All returned equipment is subject to inspection by WATERTECTONICS personnel. Damages and accrued rent will be invoiced to customer while equipment is out of service for repairs. Field performance may vary if any of the system operating variables change. Variables could include, but not be limited to: changes in flow rate and/or solids loading, increased contaminant concentrations, weather patterns, additional water sources, chemicals used onsite. Rental Period. The rental period begins on day of equipment delivery to site and ends when equipment arrives at the WATERTECTONICS storage facilities unless otherwise specified in written form. Unless sooner terminated as set forth below, the rental period for each item of equipment shall be the period of time set forth on each rental invoice generated there from describing that item of equipment. Should Client hold the equipment beyond the term set forth as the rental period, Client, shall hold WATERTECTONICS harmless from and indemnify WATERTECTONICS against any and all damages incurred as a result of such holding over. Client shall also pay to WATERTECTONICS a sum equal to the rental rate set forth from the invoices for such equipment applied to the hold over period. Legal Remedies. If a legal action between or among any Parties arises from this Agreement or the conduct of any Party with respect to any disclosing Party's Confidential Information, a prevailing Party shall recover from the other Party or parties to the action its reasonable attorney fees and costs of suit. Entire Agreement. These general conditions and attached bid proposal comprise the parties’ entire agreement for the work. They supersede all prior and contemporaneous written or verbal agreements and representations relating to the work, and these conditions may only be amended by a mutually signed written instrument. Should any provision of this Agreement be deemed illegal or otherwise unenforceable, that provision shall be severed and the remainder of this Agreement shall remain in full force and effect. Precedence. These conditions shall be attached to and become part of the contract and shall take precedence over any conflicting provisions. Payment Terms. Client shall pay to WATERTECTONICS within 30 days of the date of an invoice (WATERTECTONICS to invoice by 25th of each month unless otherwise requested and approved in writing) and interest at the rate of 1.5% per month on payments not received by the due date. Payment will constitute agreement with this proposal. Unless otherwise agreed upon equipment will be invoiced once per calendar month based on the monthly rate with partial months pro-rated. Service items and consumables will be billed as consumed on a monthly basis. Customer shall pay for any changes to work scope including but not limited to schedule changes, material, labor, third party, permit, fee or service costs. It is the Customer's responsibility to cooperate in the timely processing, approval and payment of permit, fee or service costs. It is the Customer's responsibility to cooperate in the timely processing, approval and payment of any charges within WATERTECTONICS invoice terms. Assignment. Client shall not sell, lease, sub-rent, pledge, loan, encumber or part with the possession of equipment or suffer any claims or encumbrances of any kind to be placed thereon. Further, Client shall not assign or otherwise transfer its interest in this agreement without the written consent of WATERTECTONICS. The estimated labor component of this quote is based on non-prevailing wage rates. If prevailing wage laws are applicable, Customer must notify WATERTECTONICS in writing before WATERTECTONICS estimate completed. If WATERTECTONICS was not properly notified, customer shall promptly pay any change orders that adjust wages to prevailing wage rates. Customer is responsible for providing applicable prevailing wage rates to WATERTECTONICS. WATERTECTONICS will provide certified payrolls on a bi-weekly basis if notified in writing 10 days before the start of the project. The information contained in this proposal is intended for the confidential use of the designated recipient(s) named above. This message and all communication contained herein is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this information in error, and that any review, dissemination, distribution or copying of this message is strictly prohibited. Use. Rental equipment to be used only for the purpose specifically agreed to. Client shall not allow the presence of any hazardous waste in equipment. Client shall not use the equipment in violation of any environmental law or regulation, or in violation of other laws or regulations. Should accidental contamination occur, Client shall deliver to WATERTECTONICS, within twenty-four hours of the placement of any hazardous material into the equipment, a copy of the material safety data sheet pertaining to such material, and if none exists, a written report setting forth all information pertaining to the substance that would be required in a material safety data sheet pursuant to federal law. At the time of Client's return of the equipment to WATERTECTONICS, Client shall supply WATERTECTONICS, upon request, a written report from a duly licensed and qualified laboratory stating that such equipment is free of hazardous material that had a reasonable possibility of coming into contact with the equipment. Should the equipment contain hazardous materials or regulated materials, Client shall pay to WATERTECTONICS, upon billing from WATERTECTONICS the cost of cleaning the equipment , and the cost of treating, transporting and disposing of the hazardous materials, the contaminated equipment, and all wastes, leachates, rinates, solvents and other materials and emissions generated by the cleaning and removal process. Client shall not allow equipment to come in contact with any substances that will cause corrosion, dissolution of disintegration of, or other damage to the equipment. If the equipment is contaminated, corroded or otherwise damaged, in lieu of billing for the cleaning and disposal process set forth above, WATERTECTONICS shall have the option of transferring title of the equipment to Client, and Client, upon billing therefore by WATERTECTONICS, will pay to WATERTECTONICS a sum equal to the then current retail market value of the equipment (assuming no contamination) plus the cost of treating, transporting, storing and disposing of the equipment, which acts Client shall be deemed to have authorized, in the event Client does not pay for, or after payment, does not take possession of the equipment within a reasonable period of time Governing Law and Waiver. This Agreement shall be governed by and constituted and enforced in accordance with the internal laws of the State of Washington without regards to conflicts of law, and shall be binding upon the parties hereto in the United States and worldwide. Failure to enforce any provision of this Agreement shall not constitute a waiver of any other term hereof. The Parties agree to submit to the jurisdiction of any state court sitting in King County, Washington or any federal district court for the district in which said county is located. Arbitration. All claims, demands, disputes, controversies and differences between the parties arising out of or relating to this Agreement and which are not able to be resolved after good faith discussions between Parties shall be settled by arbitration as set forth in this Section. Any party may, by written notice to the other within thirty (30) days after such discussions between Parties has been unsuccessful in resolving a controversy arising out of or relating to this Agreement, appoint an arbitrator who shall be a licensed attorney in Seattle, Washington, USA. The other party shall, by written notice, within thirty (30) days of receiving such notice by the first party, appoint a second arbitrator who shall be a licensed attorney in Seattle, Washington, USA and in default of such second appointment the first arbitrator appointed shall be sole arbitrator. When two arbitrators have been appointed as provided for above, they shall, if possible, agree on a third arbitrator who shall be a licensed attorney in Seattle, Washington, USA and shall appoint him or her by written notice signed by both of them and a copy mailed to each party to this Agreement within ten (10) days after such appointment. Nothing contained in this Agreement shall be deemed to give the arbitrators any authority, power or right to alter, change, amend, modify, add to or subtract from any of the provisions of this Agreement. The award of the majority of the arbitrators shall be binding on the parties to this Agreement and judgment may be entered on such award in any court having jurisdiction thereof. Item Bayley(ECEC)Storm-GW-SWTS_CS_10272025 2 of 3 Client Initials ______ Progressive Design-Build Contract for Everett Outdoor Event Center Exhibit to Amendment No. 1 - Phase 1B Work and Fee Proposal