2025-10-13_item_4.7_ratify_emergency_service_contracts_for_the_backwash_tank_at_the_louise_avenue_water_treatment_facility

ITEM 4. 7

CITY MANAGER' SREPORT
OCTOBER 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY EMERGENCY SERVICE CONTRACTS WITH
CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.,
MP ENVIRONMENTAL SERVICES, INC., AND UTILITY
SERVICE COMPANY, INC. FOR THE BACKWASH TANK

AT THE LOUISE AVENUE WATER TREATMENT

FACILITY
RECOMMENDATION: Adopt Resolution to Ratify Emergency Service Contracts with Clean Harbors Environmental
Services, Inc., MP Environmental Services, Inc., and
Utility Service Company, Inc. for the Backwash Tank
at the Louise Avenue Water Treatment Facility
SUMMARY:

The Louise Avenue Water Treatment Facility removes arsenic and treats groundwater pumped from the City' s
water supply wells to drinking water standards. Staff have identified a damaged decanter arm and a compromised swing joint in the backwash tank at the LAWTF, rendering the facility inoperable and creating an emergency condition. Additionally, the removal and proper disposal of hazardous waste currently present in the tank is required to complete the repair and restore the facility to full operational status.

The tank repair qualifies as an emergency under Lathrop Municipal Code ( LMC) Section 2. 36. 080 (A)( 2) (A)( 3), which allows standard purchasing procedures to be bypassed in order to efficiently and promptly maintain essential public services and protect life, property, public health, safety, or welfare during unforeseen events.

Ratification of emergency service contracts with Clean Harbors Environmental Services, Inc. (Clean Harbors), MP Environmental Services, Inc. (MP Environmental) and Utility Services Company, Inc. (Utility Services) is requested for the removal and disposal of hazardous waste and emergency repairs to the backwash tank at the Louise Avenue Water Treatment Facility ( LAWTF). Due to the urgent nature of the repairs and the impact on essential water treatment operations, no additional quotes were obtained.

BACKGROUND:

An emergency service contract was executed with Clean Harbors on March 13, 2025, in the amount of $224, 755 for the removal and disposal of the hazardous waste from the backwash tank at the LAWTF. This work was necessary to allow Utility Services access to the tank to assess a damaged decanter arm.

CITY MANAGER' S REPORT PAGE 2
OCTOBER 13, 2025 CITY COUNCIL REGULAR MEETING

RATIFY EMERGENCY SERVICE CONTRACTS WITH CLEAN HARBORS

ENVIRONMENTAL SERVICES, MP ENVIRONMENTAL SERVICES AND UTILITY

SERVICE COMPANY FOR THE BACKWASH TANK AT THE LOUISE AVENUE

WATER TREATMENT FACILITY
Clean Harbors completed the initial portion of the hazardous waste removal but later requested an additional $ 583, 306 to complete the work. Due to the high cost, City staff sought a second quote from MP Environmental, which came in significantly lower at $ 115, 996. 00. As a result, an emergency service contract was executed with MP Environmental on July 8, 2025, to complete the remaining hazardous waste removal and disposal.

During a site visit on July 21, 2025, ahead of mobilization, MP Environmental identified eighteen Clean Harbor bins of hazardous waste were still on -site, previously removed from the City' s
backwash tank by Clean Harbors. Clean Harbors refused to remove the bins unless the City agreed to their additional contract request or empty and rinse the bins prior to pick up.

To address this, MP Environmental was asked, beyond their original scope, to transfer the hazardous waste from the Clean Harbor bins into their own dewatering bins, which will remain on -site for up to 90 days to allow the waste to dry before proper disposal.

As a result, staff are requesting ratification of two emergency service contracts with MP Environmental. First, $115, 996 for the removal and disposal of the hazardous waste remaining in the tank. Second, $91, 283 for the additional removal and disposal of the hazardous waste left in Clean Harbors bins.

Additionally, staff request ratification of an emergency service contract with Utility Service in the amount of $85, 302 for the replacement of the broken floating decanter and swing joint in the backwash tank. The decanter had split in half and the swing joint has seized, rendering the tank inoperable. The backwash tank is a critical component of the water treatment process. It pumps water backward through the filter media to remove accumulated particles and debris. The resulting dirty water is collected in the tank, which acts as a settling basin to separate clean water from hazardous sludge. The tank cannot be returned to service until these components are repaired.

Due to the urgent nature of the repairs and the impact on essential water treatment operations, no additional quotes were obtained. The work qualifies as an emergency under Lathrop Municipal Code ( LMC) Section 2. 36. 080 (A)( 2) (A) 3), which allows purchasing procedures to be bypassed when necessary to efficiently maintain essential public services or address unforeseeable events affecting life, property, public health, safety, or welfare.

RECOMMENDATION:

Staff recommend ratification of emergency service contracts with Clean Harbors, MP Environmental, and Utility Services for the removal and disposal of hazardous waste CITY MANAGER' SREPORT PAGE 3
OCTOBER 13, 2025 CITY COUNCIL REGULAR MEETING

RATIFY EMERGENCY SERVICE CONTRACTS WITH CLEAN HARBORS

ENVIRONMENTAL SERVICES, MP ENVIRONMENTAL SERVICES AND UTILITY

SERVICE COMPANY FOR THE BACKWASH TANK AT THE LOUISE AVENUE

WATER TREATMENT FACILITY
and emergency repairs to the backwash tank at the LAWTF to restore it to operational status.

The backwash tank is essential to the operation of the water treatment plant and cannot be used until repairs are completed. Due to the urgent nature of the work, no additional quotes were obtained, as this contract qualifies as an emergency under Lathrop Municipal Code ( LMC) Section 2. 36. 080 (A)( 2) (A) 3). This section allows standard purchasing procedures to be bypassed to efficiently and promptly maintain essential public services, protect City property, and respond to unforeseen events impacting life, property, public health, safety or welfare.

FISCAL IMPACT:

The total cost of the emergency service contracts is $ 517, 336, allocated as follows:

Company Name Emergency Services Provided Cost
Clean Harbors Hazardous Waste Removal and Disposal 224, 755 MP Environmental Hazardous Waste Removal and Disposal 115, 996 MP Environmental Additional Hazardous Waste Removal and 91, 283 Disposal
Utility Services Company Backwash Tank Repairs 85, 302
TOTAL COST 517, 336
The total cost for these emergency contracts was carried forward from Fiscal Year 2024-025 to Fiscal Year 2025-026.

ATTACHMENTS:

A. Resolution to Ratify Emergency Service Contracts with Clean Harbors Environmental Services, MP Environmental Services for the Removal and Disposal of Hazardous Waste to Facilitate Emergency Maintenance and Repairs by the Utility Service Company for the Backwash Tank at the Louise Avenue Water Treatment Facility
B. Emergency Service Contract with Clean Harbors Environmental Services Inc., to Provide Emergency Removal and Disposal of Hazardous Waste from the Backwash Tank at the Lathrop Water Treatment Facility
C. Emergency Service Contract with MP Environmental Services, Inc., for the Emergency Removal and Disposal of Hazardous Waste from the Backwash Tank at the Lathrop Water Treatment Facility
CITY MANAGER' S REPORT PAGE 4
OCTOBER 13, 2025 CITY COUNCIL REGULAR MEETING

RATIFY EMERGENCY SERVICE CONTRACTS WITH CLEAN HARBORS

ENVIRONMENTAL SERVICES, MP ENVIRONMENTAL SERVICES AND UTILITY

SERVICE COMPANY FOR THE BACKWASH TANK AT THE LOUISE AVENUE

WATER TREATMENT FACILITY
D. Emergency Service Contract with MP Environmental Services, Inc., to Provide Emergency Removal and Disposal of Additional Hazardous Waste from the Backwash Tank at the Lathrop Water Treatment Facility
E. Emergency Service Contract with Utility Service Company to Replace the Floating Decanter and Swing Joint inside of the Backwash Tank at the Louise Avenue Water Treatment Facility
CITY MANAGER' SREPORT PAGE 5
OCTOBER 13, 2025 CITY COUNCIL REGULAR MEETING

RATIFY EMERGENCY SERVICE CONTRACTS WITH CLEAN HARBORS

ENVIRONMENTAL SERVICES, MP ENVIRONMENTAL SERVICES AND UTILITY

SERVICE COMPANY FOR THE BACKWASH TANK AT THE LOUISE AVENUE

WATER TREATMENT FACILITY
APPROVALS:

Greg ibson Date
Senior Civil Engineer
Brad aylor
City Engine
Date
9/. S/ mss
1// 7/ 20,5-
Cari Jar s Date
Finance Director
Michael King Date
Assistant City Manager
1 • i°l ZoZS
P- i S'- - --e-, z 5
Salvador Navarrete Date
City Attorney
Stephen 3. Salvatore
City Manager
to •Z -2:S"
Date
RESOLUTION NO. 25 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY

EMERGENCY SERVICE CONTRACTS WITH CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., MP ENVIRONMENTAL SERVICES, INC., AND UTILITY SERVICE COMPANY, INC. FOR THE BACKWASH TANK AT THE LOUISE AVENUE

WATER TREATMENT FACILITY
WHEREAS, the Louise Avenue Water Treatment Facility removes arsenic and treats groundwater pumped from the City' s
water supply wells to drinking water
standards. Staff have identified a damaged decanter arm and a compromised swing joint in the backwash tank at the LAWTF, rendering the facility inoperable and creating an emergency condition. Additionally, the removal and proper disposal of hazardous waste currently present in the tank is required to complete the repair and restore the facility to full operational status; and
WHEREAS, ratification of emergency service contracts with Clean Harbors Environmental Services, Inc. (Clean Harbors), MP Environmental Services, Inc. (MP Environmental) and Utility Services Company, Inc. (Utility Services) is requested for the removal and disposal of hazardous waste needed to complete emergency maintenance and repairs for the backwash tank at the Louise Avenue Water Treatment Facility ( LAWTF); and
WHEREAS, the backwash tank cannot be used to support the water treatment plant until repairs are completed, therefore, no other quotes were obtained because this contract is declared an emergency pursuant to LMC 2. 36. 080 (A)( 2) (A)( 3) which states that purchasing procedures may be eliminated to efficiently and timely maintain essential public services and property and other unforeseeable events affecting the preservation of life, property, public health, safety or welfare; and WHEREAS, the total cost of the emergency service contracts is $ 517, 336 as follows:

Company Name Emergency Services Provided
Hazardous Waste Removal and Disposal
Cost
Clean Harbors 224, 755
MP Environmental Hazardous Waste Removal and Disposal 115, 996 MP Environmental Additional Hazardous Waste Removal and Disposal
91, 283
Utility Services Backwash Tank Repairs 85, 302
TOTAL COST 517, 336
and
WHEREAS, the cost of the emergency service contracts may be paid using funds budgeted for professional services under Water Fund 5620 for Fiscal Year 2025- 2026 which was carried forward from Fiscal Year 2024-025.

NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify four emergency service contracts as follows: with Clean Harbors Environmental Services in the amount of $ 244, 755 and with MP Environmental Services in the amount of $ 115, 996 for the removal and disposal of hazardous waste and $ 91, 281 for removal and disposal of additional hazardous waste; and with Utility Services Company in the amount of $ 85, 302 to complete emergency maintenance and repairs for the backwash tank at the Louise Avenue Water Treatment Facility LAWTF) for a total cost of $ 517, 336to be paid from Water Fund 5620.

The foregoing resolution was passed and adopted this 13th day of October 2025, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney

ATTACHMENT B
City of
Office gibe ty anager 390 Towne mire Dih, e, Lilt op,
Phone ( 209) 941- 7220— Fax (209) 941- 7229
www. ci. lathrop. ca. us

NOTICE TO PROCEED
March I 2025
Clean Harbors Environmental Services, Inc.
1010 Commercial Street
San Jose, CA 95112
Re: Emergency Service Contract for Emergency Removal and Disposal of Hazardous Waste from the Backwash Tank at the Lathrop Water Treatment Facility ( LAWTF) Dear Mr. Fay:

Enclosed please find your original executed Emergency Service Contract to perform the Emergency Removal and Disposal of Hazardous Waste from the Backwash Tank at the Lathrop Water Treatment Facility (LAWTF). This is your Notice to Proceed to the attached Emergency Service Contract.

Should you have any questions regarding this project, please contact Frank Vallejo, the staff member directly involved with this project, at (209) 941- 7424.

Thank you,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9

EMERGENCY SERVICE CONTRACT BETWEEN
THE CITY OF LATHROP AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.

TO PROVIDE EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM

THE BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY( LAWTF) THIS SERVICE CONTRACT ( hereinafter " Contract") is made on March I'S , 2025, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter City") and Clean Harbors Environmental Services, Inc. (hereinafter " Contractor"), whose Taxpayer Identification Number is 04- 2698999.

For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:

Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' ssatisfaction.

It is understood by both parties that the amount of hazardous waste to be disposed of as listed in the proposal is an estimate and the actual amount to be removed is unknown until the work has begun. Any additional work required beyond the scope of work and fee proposal provided by the contractor, attached hereto as Exhibit " A", shall be considered a change order and will require a written contract amendment signed by both parties.

The work is being performed as an emergency work as defined in Lathrop Municipal Code

2. 32.0. Due to eminent risk to health and safety, the City did not have adequate time to follow the public bid process. Pursuant to LMC 2. 36. 080, purchasing procedures may be eliminated in emergency situations to efficiently and timely maintain essential public services and to preserve property. Contractor agrees to complete the work to the satisfaction of City and subject to inspection, or its representatives.

CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on time and materials basis not to exceed $ 224. 755. 00set forth in Exhibit "A", for the Emergency Removal and Disposal of Hazardous Waste from the Backwash Tank at the Lathrop Water Treatment Facility ( LAWTF).

TIME FOR PERFORMANCE
The effective date of this contract is March 14' , 2025, and the work shall be completed within 60 total working days of the issuance of the Notice to Proceed.

PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to and applicable to the work and to the preservation of the public health and safety.

Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 CITY OF LATHROP - CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)

INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide reasonable and safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.

Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' sexpense.

NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director
of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' sBid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property.

The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.

CONTRACTOR' SWARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance, except where such loss or damage is caused by City. Contractor warrants all work and materials to be free of defects whether performed

Page 2 of 10 ends

Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 CITY OF LATHROP - CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)
or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.

APPRENTICES
d) The Contractor' s attention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7of the California Labor Code conceming employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7 of the California Labor Code. e) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, Califomia, or from the Division of Apprenticeship Standards and its branch offices.
f) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.

HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal days work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- fivedollars ($ 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.

PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
g) A certified copy of the employee' s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

Page 3 of 10 ends

Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 CITY OF LATHROP - CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)
h) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
i) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made.

The public shall not be given access to such records at the principal office of the Contractor.

The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.

Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual' sname, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.

The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.

In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.

PREVAILING WAGES
i) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research

Page 4 of 10 ends

Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 CITY OF LATHROP - CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY (LAWTF)
of the Department of Industrial Relations located at
http:// www. dir. ca. 00v/ dlsr/ PWD/ index. htm. In the altemative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request and shall post copies at the Contractor' sprincipal place of business and at the Project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest to the extent caused by Contractor' sfailure to comply with the Prevailing Wage Laws.
k) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections (a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at CONTRACTOR' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of one million dollars ($ 1, 000,0). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the Califomia Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONTRACTOR, at CONTRACTOR' Sown cost and expense, shall maintain commercial

Page 5 of 10 ends

Docusign Envelope ID: 0160F589- 0125- 4A29- A934- 2B564CD2EAE9 CITY OF LATHROP - CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)
general and automobile liability insurance for the period covered by this Agreement in an amount of one million dollars per occurrence 1, 000,0), combined single limit coverage for risks associated with the work contemplated by this Agreement.

If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non - owned automobiles.

Coverage shall be as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONTRACTOR, products and
completed operations of CONTRACTOR; premises owned,
occupied or used by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non - renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self -Insured Retentions. CONTRACTOR shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

Page 6 of 10 ends

Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 CITY OF LATHROP - CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)
d) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide
written notice to CITY at CONTRACTOR' Searliest possible opportunity and in no case later than five days after
CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if
CONTRACTOR fails to provide or maintain any insurance
policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Order CONTRACTOR to stop work under this
Agreement or withhold any payment which becomes
due to CONTRACTOR hereunder, or both stop work
and withhold any payment, until CONTRACTOR
demonstrates compliance with the requirements
hereof;
ii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' Sbreach.

INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, orjudgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property to the extent caused by the willful or negligent act or omission of Contractor, or which results from Contractor' s
noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which is caused by Contractor' s material failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, except as may arise from the willful or negligent act or omission of City or any of its City Council members, officers, employees.

This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

LIMITATION OF LIABILITY.

NOTWITHSTANDING ANY TERM OR CONDITION OF THIS AGREEMENT TO THE

Page 7 of 10 ends

Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 CITY OF LATHROP - CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)

CONTRARY AND, TO THE GREATEST EXTENT ALLOWED BY LAW, CITY AGREES THAT

CONTRACTOR' SAGGREGATE LIABILITY TO CITY, TO ANYONE CLAIMING BY, THROUGH,

OR UNDER CITY, AND TO ANY THIRD PARTY FOR ANY AND ALL INJURIES, CLAIMS,

DEMANDS, LOSSES, EXPENSES, OR DAMAGES, OF WHATEVER KIND OR CHARACTER

INCLUDING BUT NOT LIMITED TO AN ACTION OR CLAIM BASED ON CONTRACT,

WARRANTY, EQUITY, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY

WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE

WORK/ SERVICES, OR THE PROJECT SITE, SHALL BE LIMITED TO THE SPECIFIC INSURANCE LIMITS REQUIRED TO BE CARRIED HEREUNDER.. Notwithstanding anything to the contrary, neither party shall be liable to the other for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits, lost data, lost revenues, loss of use, loss of business opportunity, or diminution in value, whether arising under contract, warranty, equity, tort, strict liability, or any other theory of liability whatsoever, and whether or not the possibility of such damages has been disclosed or could have been reasonably foreseen.

NON -CONFORMING WASTE.

If the work involves the transportation and disposal of waste, the City shall provide Contractor with a description of said waste (" Waste Profile"). Upon approval by Contractor, the Waste Profile shall be incorporated into and become a part of this Agreement. Waste materials discovered by Contractor to be non -conforming, if in Contractor' s
possession, shall be prepared for lawful
transportation by Contractor and returned to the City within a reasonable time after rejection by Contractor, unless the parties agree to an alternative and lawful manner to dispose of the waste materials. The City shall pay Contractor at agreed rates for the handling, loading, preparing, transporting, storing and caring for and, if applicable, disposing of such non -conforming waste materials. Title, risk of loss and all other incidents of ownership to non -conforming wastes shall remain at all times with the City. Waste materials shall be considered non -conforming if the waste materials are not properly packaged or labeled; or if the waste materials contain constituents or have characteristics or properties not disclosed on the Waste Profile. Notwithstanding anything to the contrary, City shall be solely responsible for any and all losses, liabilities, claims, penalties, forfeitures, suits, and the cost and expenses incident thereto ( including cost of defense, settlement and reasonable attorneys' fees) which Contractor may hereafter incur, or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment or any violation of applicable federal, state and local laws, regulations, by- laws or ordinances arising out of or related to non -conforming waste materials.

TERMINATION.

Either party may terminate this Agreement at any time, without cause and for convenience, upon thirty (30) days written notice to the other party.

PAYMENT.

The City shall make all payments to Contractor within thirty ( 30) days of receipt of invoice from Contractor.

Page 8 of 10 ends

Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 CITY OF LATHROP - CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)

SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.

COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.

Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.

INTERPRETATION
I) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract.

In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.

APPLICABLE LAW
m)
n) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California. o) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.

SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

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Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 CITY OF LATHROP - CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)
Approved as to Form:

Recommended for Approval:

Approved by:

Contractor:

City of Lathrop
City Attorney
lo , %- ot s
Salvador Navarrete Date
City of Lathrop
Assistant City Manager
Michael King
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
3 . O • Lois'
Date
Ste e en J. Salvatore
City Manager
3 ' 116
Date
Clean Harbors Environmental Services, Inc.
1010 Commercial Street
San Jose, CA 95112
209) 292- 3328
Fed ID # 04- 2698999
Lathrop Business License # ODOTIV2025
Signed by:
3/ 7/ 2025
Date
Marc McReynolds Senior vice President
Print Name and Title
Doeusigned by:
xaS F. racy III) VP Vis{ vtit Ikb4zertizotatifortAia.

Signature `u` ag.._
Date
Thomas F. Fay, III, VP District brothern California
Print Name and Title

Page 10 of 10 ends

Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 letanHarba
Clean Harbors Industrial Services, Inc.
1010 Commercial Street
San Jose, CA 95112
www. cleanharbors. com
January 9, 2025
Attn: Mr. Chris Hart
Lathrop City of
390 Town Centre Drive
Lathrop, CA 95330
Quote # 4716076, Lathrop City of, Lathrop, CA
Dear Mr. Hart:

EXHIBIT A
Thank you for considering Clean Harbors Industrial Services, Inc. for your industrial service needs.

We provide a broad range of services including hazardous and non -hazardous waste transportation and disposal, laboratory chemical packing, emergency response, field services and industrial maintenance. We are pleased to provide this proposal based on the scope of work outlined below.

Scope:

CHES will provide a crew to clean out tank.

CHES will use an air mover to remove slurry from tank.

CHES will collect waste in vacuum bins.

CHES will use a rocket to move the bins around and hall to GM Facility.

Upon being emptied at GM, vac bins will be rinsed and returned to customer site for final CSE cleaning of each vac bin.

CHES will provide CSE crew to make entry and clean out tank.

We offer our clients a broad spectrum of industrial services and the ability to dispose of hazardous material at or through a Clean Harbors' owned and operated facility. In addition to managing your waste streams, a Clean Harbors' professional can assist you with:

Waste Transportation & Disposal
Laboratory Chemical Packing
Field Services
24 -Hour Environmental Emergency Response
Industrial Services
InSite Services
I look forward to servicing your industrial needs. If you have any questions or need further assistance, you may reach me at the number below.

Sincerely,
Dwight Welch Jr.

Field Service Account Manager
Phone: 209.2. 3328
welch. dwight@cleanharbors. com
People and Technology Creating a Safer, Cleaner Environment" Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 eanM
January 9, 2025
Clean Harbors Quote #4716076

QUOTE CONDITIONS

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The proposal is based on the following assumptions and site conditions. Any work which falls outside of the assumptions will constitute work beyond the intended scope and be completed upon mutually satisfactory terms.

Assumptions:

Prevailing wage rates are included on this estimate.

CHES to provide shipping documents to assist with transportation.

This proposal will remain valid for (30) days from this date.

City ofLathrop must provide access to facility during normal business hours.

City ofLathrop will provide water source.

CHES & City of Lathrop agrees that the number of loads per day depends on receiving facilities capacity.

Disposal cost will be pending profile approval
All parties agree, once vac bins are empty, they will be returned to customer site for CSE cleaning of Vac bin before bin is completely removed from site.

The quantity of waste material quoted is an estimate; quantity exceeding the estimated amount will be charged based on quoted rates.

Waste materials not conforming to parameters of established waste profiles may be rejected by the designated disposal facility and applicable charges will apply. c3 " People and Technology Creating a Safer, Cleaner Environment" Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 IeanHa .

January 9, 2025
Clean Harbors Quote #4716076

QUOTE SUMMARY

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Description kuiount
TASK 1: TANK DECONTAMINATION & PUMP OUT COST
TASK 2: VACUUM BIN CSE CLEAN OUT LABOR COST
TASK 3: BULK CBPS TO GM DISPOSAL & TRANSPORTATION ( EST. 7 COST) TASK 4: DRUM DISPOSAL & TRANSPORTATION COST
Subtotal
Estimated Recovery Fee
Estimated Waste Fee
Estimated CARRAA Fee

QUOTE TOTAL
80, 933. 00
22, 817. 00
82,98. 90
3, 013.5
189, 661. 95
30,45. 91

5.2 4, 741. 55
224, 754. 92
People and Technology Creating a Safer, Cleaner Environment" Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 leUL. MarliEs' s
January 9, 2025
Clean Harbors Quote #4716076
TASK 1: TANK DECONTAMINATION & PUMP OUT COST

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Amount
1 Description
Confined Space Rescue
Supervisor
Qty/ UOM
8 hour
Days
5 Unit Price Extended Total

84. 00 $ 3,60. 0
1 Confined Space Rescue
Supervisor, Overtime
2 hour 5 128. 00 1, 280. 0
2 Equipment Operator 8 hour 5 90. 00 7, 200. 0
2 Equipment Operator, Overtime 2 hour 5 132. 50 2, 650. 0 5 Field Technician 8 hour 5 84. 00 16, 800. 0
5 Field Technician Overtime 2 hour 5 107. 50 5, 375. 00 2 3000psi Hot Water Pressure
Washer
5 day n/ a 300. 00 3, 000.
1 4 Gas/ 5 Gas Meter 5 day n/ a 140. 00 700. 00
1 Breathing Air System 5 day n/ a 580. 00 2, 900. 0
1 Confined Space Entry Gear
Retrieval & Rescue Equip)
5 day n/ a 205. 00 1, 025.0
1 Electric Blower 5 day n/ a 80. 00 400. 0
1 High Powered Vacuum
Truck/ Cusco
10 hour 5 198. 00 9,00. 0
2 Level B w/ CPF3 or Saranex
Suit/ Changeout
1 each n/ a 271. 00 542. 00
3 Level D Modified W/ Poly- Coated
Tyvek/ Disp Nomex
5 day n/ a 57. 00 855. 00
1 PickupNan/ Car/rew Cab 5 day n/ a 288. 00 1, 440. 0
1 Tractor w/ Rolloff Trailer 10 hour 5 98. 00 4, 900. 0 1 Vehicle Truck Gear F250 diesl 5 day n/ a 215. 00 1, 075.0 7 Containment Berm - 12' x 25' 30 day n/ a 28. 00 5, 880. 0 l Hose - Flex ADS, 6 in X 100 ft
Ro11
1 roll n/ a 575. 00 575. 00
1 Misc. Handtools 5 day n/ a 150. 00 750. 00
1 Tank Wash 1 each n/ a 876. 00 876. 00
7 Vacuum Box, 20 Yd 30 day n/ a 45. 00 9, 450. 0
Total 80, 933. 00
TASK 1: TOTAL ESTIMATE
Estimated Recovery Fee
Estimated CARRAA Fee
Estimated total, including Fees
80, 933. 00
12, 949. 28
2, 023. 3
95,05. 61
People and Technology Creating a Safer, Cleaner Environment" Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 e ilar Oi
January 9, 2025
Clean Harbors Quote #4716076
TASK 2: VACUUM BIN CSE CLEAN OUT LABOR COST

Page 5 of 10 ends

Amount
1 Description
Confined Space Rescue
Supervisor
Qty/ UOM
8 hour
Days
3 Unit Price Extended Total

84. 00 $ 2, 016.0
1 Confined Space Rescue
Supervisor, Overtime
2 hour 3 128. 00 768. 00
1 Equipment Operator 8 hour 3 90. 00 2, 160. 0
1 Equipment Operator, Overtime 2 hour 3 132. 50 795. 00 3 Field Technician 8 hour 3 84. 00 6, 048.0
3 Field Technician Overtime 2 hour 3 107. 50 1, 935. 00 2 3000psi Hot Water Pressure
Washer
3 day n/ a 300. 00 1, 800. 0
1 4 Gas/ 5 Gas Meter 3 day n/ a 140. 00 420. 00
1 Confined Space Entry Gear
Retrieval & Rescue Equip)
3 day n/ a 205. 00 615. 00
j 1 Electric Blower 3 day n/ a 80. 00 240. 00
4 Level D Modified W/ Po1y- Coated
Tyvek/ Disp Nomex
3 day n/ a 57. 00 684. 00
1 PickupNan/ Car/rew Cab 3 day n/ a 288. 00 864. 00
1 Pump - Electric Drum 3 day n/ a 108. 00 324. 00
1 Tractor w/ Rolloff Trailer 10 hour 3 98. 00 2, 940. 0 1 Vehicle Truck Gear F250 diesl 3 day n/ a 215. 00 645. 00 55 G / 205 L Steel Drum,
Reconditioned 1A2/ Y1. 2/ 100
17- H)
1 each n/ a 113. 00 113. 00
1 Misc. Handtools 3 day n/ a 150. 00 450. 00
Total 22, 817. 00
TASK 2: TOTAL ESTIMATE
Estimated Recovery Fee
Estimated CARRAA Fee
Estimated total, including Fees
22, 817. 00
3, 650. 72
570. 43
27, 038. 15
TASK 3: BULK CBPS TO GM DISPOSAL & TRANSPORTATION ( EST. 7 COST)

DISPOSAL
People and Technology Creating a Safer, Cleaner Environment" Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 leUtlarlat
January 9, 2025
Clean Harbors Quote # 4716076

Page 6 of 10 ends

Profile / \\ aste Code NN aste Description Price/ NMI
CBPS SEMI - SOLIDS TO HAZARDOUS LANDFILL $ 305. 00 / ton' The following minimum price( s) will apply:

ProMe/ Waste Code UOM
CBPS container

TRANSPORTATION
Transpurtatiun Hub
Grassy Mountain, UT Facility
CARRAA Fee ( Total for this Task):

Minimum Price
4, 575. 00
chicle pc
Rollo ff Trailer Double
Container
Unit Kale
0 1,75. 60
1) A demurrage charge of $115. 00 per hour will apply for each hour m excess of 1 hour( s).

ACCESSORIALS
Per Diem / Subsistence
Washout of Rolloff, hitermodal or Dump Trailer
175. 00 per Day
375. 00 Each

WASTE CLASSIFICATIONS SPECIFICATIONS
t nil of N1casurc
Load
Waste Code Description
CBPS Semi -Solids To Hazardous Landfill
Source of PCB < 50 ppm
Must not be prohibited from landfill
Must not require stabilization or encapsulation
PRIMARY DISPOSAL METHOD: SOLIDIFICATION/ SECURE

CHEMICAL LANDFILL
TASK 4: DRUM DISPOSAL & TRANSPORTATION COST

DISPOSAL
Profile/ Waste Code Waste Description UO\ I Price Total CNO
CNOS
NON HAZARDOUS SOLID 4 55 gallon drum
NON HAZARDOUS SEMI - SOLIDS 4 55 gallon drum
142. 00 $ 568. 00
171. 00 $ 684. 00
Total $ 1, 252. 00
People and Technology Creating a Safer, Cleaner Environment" Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 leaniarbole
January 9, 2025
Clean Harbors Quote #4716076

Page 7 ends

Amount Description Qty/ UOM Days Unit Price Extended Total 1 Drum Head Vacuum System, 1 day n/ a $ 58. 00 $ 58. 00 Electric
8 55 G / 205 L Steel Drum,
Reconditioned 1A2/ Y1. 2/ 100
17- H)
1 each n/ a $ 113. 00 $ 904. 00

TRANSPORTATION
Total $ 962. 00
Dispatch Location Qty Price UO' 11 1 oral
West Sacramento, CA Hub 8
Minimum charge $ 799. 05 per trip.

A demurrage charge of $154. 573 per hour will apply as follows:

Number of Allowable
Containers Loading Time
1to10
llto15
16 to 25
26 to 35
36to40
41to45
46to50
51 to 80

0. 5 hour( s)

0. 75 hour( s)
1 hour( s)

1. 25 hour( s)

1. 5 hour( s)

1. 75 hour( s)
2 hour( s)
TASK 4: TOTAL ESTIMATE
Estimated Recovery Fee
Estimated Waste Fee
Estimated CARRAA Fee
Estimated total, including Fees

WASTE CLASSIFICATIONS SPECIFICATIONS

79.8 container 799. 05
3, 013.5
482. 09

5.2 75. 33
3, 575. 97
Waste Code Description
CNO Non Hazardous Solid
Non -pourable at 70° F
No free liquid
Must be able to pass ( paint filter/ penetration) tests Must be able to be landfilled
Biodegrade -able absorbents will be stabilized prior to land No herbicide, pesticides, or cyanides
People and Technology Creating a Safer, Cleaner Environment" Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 ear, llarb
January 9, 2025
Clean Harbors Quote #4716076

WASTE CLASSIFICATIONS SPECIFICATIONS

Page 8 ends

Waste Code Description
CNO Non Hazardous Solid
Source of PCB < 50 ppm
PRIMARY DISPOSAL METHOD: NON HAZARDOUS LANDFILL
No Free Liquid
Non -hazardous
Biodegrade - able absorbents will be stabilized prior to land No PCB
pH - 2. 1 to 12. 4
PRIMARY DISPOSAL METHOD: NON HAZARDOUS LANDFARM
CNOS Non Hazardous Semi - Solids
Must be able to be landfilled
No herbicides, pesticides, or cyanides
Source of PCB < 50 ppm
Flash point over 140° F
PRIMARY DISPOSAL METHOD: NON HAZARDOUS LANDFILL
Non - hazardous
Must be biodegradable
No PCB
pH - 2. 1 to 12. 4
PRIMARY DISPOSAL METHOD: NON HAZARDOUS LANDFARM

GENERAL CONDITIONS
Except where superseded by an existing services agreement the following terms and conditions apply to this quoted business.

The customer hereby acknowledges that the estimated cost is based upon a preliminary appraisal by a Clean Harbors Representative, and that the amount invoiced by Clean Harbors will be based upon labor and materials actually expended in performing the scope of work. Any changes in the scope will be billed on a time and materials basis.

Clean Harbors guarantees to hold these prices firm for 30 days.

Terms: Net 15 Days
For work to begin we ask that you acknowledge the quotation with a signature and provide the appropriate purchase order number. Where modifications to the scope of services become necessary, Clean Harbors will notify the customer promptly and obtain customer authorization for such modifications and a revised contract price will be established in order to finish the project.

People and Technology Creating a Safer, Cleaner Environment" Docusign Envelope ID: D160F589- 0125- 4A29- A934- 285f34CD2EAE9 Clealt. sarbire
January 9, 2025
Clean Harbors Quote # 4716076

GENERAL CONDITIONS

Page 9 ends

This proposal is contingent on the customer providing full and complete access to the site.

Customer represents and warrants to Clean Harbors that the customer has the legal right, title and interest necessary to provide access to the site. In addition, customer warrants that it has supplied Clean Harbors complete and accurate information regarding the site, subsurface conditions, utility locations, site ownership, hazardous materials or wastes and other substances or hazards likely to be present and any other reports, documentation or information concerning the scope ofwork.

Interest will be charged at 1.5% per month or the maximum allowed by law for all past due amounts.

Disposal will be managed within the Clean Harbors Network ofApproved Facilities.

Local, state and federal fees/ taxes applying to the generating location/ receiving facilities are not included in disposal pricing and will be added to each invoice as applicable.

Materials subject to additional charges ifthey do not conform to the listed specifications.

A Profile Approval Fee of $125 and Profile Recertification fee of $35 for recertification will be charged upon profile approval or recertification.

Clean Harbors supports many invoice delivery options (E- mail, Electronic Invoicing, EDI, Etc.).

Pricing is based on Clean Harbors' standard invoice delivery method ofE- mail. If another delivery method is required there could be an additional service fee per invoice. Any alternate delivery methods must be reviewed and approved by Clean Harbors prior to acceptance and implementation.

A variable Recovery Fee ( that fluctuates with the DOE national average diesel price), currently at

16. 0%, will be applied to the total invoice. For more information regarding our recovery fee calculation please go to: www. cleanharbors. com/ontact- us/ customer- resources.

Pickups that require same day or next day service may be subject to additional charges.

Pickups cancelled within 72 hours of scheduling will be subject to cancellation charges.

Transportation charges to the final disposal facility will be charged in addition to local transportation to our truck to truck hub/ local facility and will vary with logistics and routing.

Time over eight ( 8) hours in the normal workday and all day Saturday is considered overtime and will be billed at 1. 5 times the applicable straight time rate for all billable personnel unless otherwise quoted. Sunday and Holidays are considered premium time and will be billed at 2. 0 times the applicable straight time rate for all billable personnel unless otherwise quoted.

This proposal is submitted contingent upon the right to negotiate mutually acceptable contract terms and conditions, which are reflective of the work contemplated, and an equitable distribution of the risks involved therein. In the event that such agreement cannot be reached, Clean Harbors reserves the right to decline to enter into such an agreement without prejudice or penalty.

In the event that legal or other action is required to collect unpaid invoice balances, Customer agrees to pay all costs of collection, including reasonable attorneys' fees, and agrees to the jurisdiction of the Commonwealth of Massachusetts.

E -Manifests: EPA Requires electronic filing and reporting of manifest. To cover the cost of the E - Manifest and administrative cost of entering manifest into the system and managing the data, Clean Harbors will charge $ 27 per manifest on every invoice.

People and Technology Creating a Safer, Cleaner Environment" Docusign Envelope ID: D160F589- 0125- 4A29- A934- 2B564CD2EAE9 lemilLsla,,,, rbe.

January 9, 2025
Clean Harbors Quote #4716076

GENERAL CONDITIONS

Page 10 of 10 ends

CARRAA: The additional excise and sales tax added to the price of diesel fuel at the pump under the California Road Repair and Accountability Act ( CARRAA) of 2017 has increased the cost of providing waste management services in the State of California. To off -set this extra cost, Clean Harbors is implementing a 2. 50% CARRAA Fee on every invoice for a California generator.

Unless specifically noted, these rates are not valid where Prevailing Wages and / or certified payroll apply. Any Prevailing Wage rates will be quoted on a case -by -case basis.

Customer will be responsible for providing water on site. If not provided, additional charges will apply.

ACKNOWLEDGEMENT
Your signature below indicates your acceptance of the pricing and terms detailed m the quote above.

Thank you for the opportunity to be of service.

Signature
Print Name
Quote # 4716076
PO# Date
People and Technology Creating a Safer, Cleaner Environment"

ATTACHMENT C
City of
Office ofthe City Manager
July , 2025
390 Towne Centre Drive, Lathrop, CA 95330
Phone ( 209) 941- 7220 — Fax (209) 941- 7229
www. ci. lathrop. ca. us

NOTICE TO PROCEED
MP Environmental Services, Inc.

Gina Blankenship, Facility Manager
3400 Manor Street
Bakersfield, CA 93308
Re: Emergency Service Contract for Emergency Removal and Disposal of Hazardous Waste from the Backwash Tank at the Lathrop Water Treatment Facility ( LAWTF) Dear Gina Blankenship:

Enclosed please find your original executed Emergency Service Contract to perform the Emergency Removal and Disposal of Hazardous Waste from the Backwash Tank at the Lathrop Water Treatment Facility ( LAWTF). This is your Notice to Proceed to the attached Emergency Service Contract.

Should you have any questions regarding this project, please contact Michael King, the staff member directly involved with this project, at (209) 941- 7454.

Thank you,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
Docusign Envelope ID: 92527418- 8E38- 4B4C- BC8D- CE3B792C3148

EMERGENCY SERVICE CONTRACT BETWEEN
THE CITY OF LATHROP AND MP ENVIRONMENTAL SERVICES, INC.

TO PROVIDE EMERGENCY REMOVAL OF HAZARDOUS WASTE FROM THE BACKWASH

TANK AT THE LATHROP WATER TREATMENT FACILITY (LAWTF)
THIS SERVICE CONTRACT ( hereinafter " Contract") is made on July Vs , 2025, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter City") and MP Environmental Services, Inc. ( hereinafter " Contractor"), whose Taxpayer Identification Number is 77- 0262888.

For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:

SCOPE OF WORK
Contractor agrees to perform the Emergency Removal and Disposal of Hazardous Waste from the Backwash Tank at the LAWTF in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibits "A" and " B", and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' ssatisfaction.

The work is being performed as emergency work as defined in Lathrop Municipal Code LMC) 2. 32. 020. The City did not have adequate time to follow the public bid process. Pursuant to LMC 2. 36. 080, purchasing procedures may be eliminated in emergency situations to efficiently and timely maintain essential public services and to preserve property. Contractor agrees to complete the work to the satisfaction of City and subject to inspection, or its representatives.

CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on a time and materials basis not to exceed $ 115, 996. 00 55, 296. 00for the removal of the hazardous waste, attached hereto as Exhibit " A", and a not to exceed amount of $ 60, 700. 0, for the disposal cost of up to 20 bins per ton of hazardous waste at $ 3, 035.0 per bin, attached hereto as Exhibit " B"). In no event shall CONTRACTOR be entitled to compensation for work not included in Exhibits " A" and " B", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s City Manager prior to the commencement of the work.

TIME FOR PERFORMANCE
The effective date of this contract is July JL, 2025, and the work shall be started within 10 working days of the issuance of the Notice to Proceed. The work shall be completed within 95 total calendar days of work commencement.

PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.

Docusign Envelope ID: 92527418- 8E38- 4B4C- BC8D- CE3B792C3148 CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)

INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation.

Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.

Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.

ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property.

Contractor unqualifiedly warrants all work and materials to be free of defects whether performed

Page 2 of 10 ends

Docusign Envelope ID: 92527416- 8E38- 464C- BC8D- CE3B792C3148 CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)
or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.

APPRENTICES
d) The Contractor' s attention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7of the California Labor Code. e) information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
f) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.

HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal day' s
work. The
Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- fivedollars ($25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
g) A certified copy of the employee' spayroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

Page 3 of 10 ends

Docusign Envelope ID: 92527418- 8E38- 4B4C- BC8D- CE3B792C3148 CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

The public shall not be given access to such records at the principal office of the Contractor.

The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.

Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.

Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.

PREVAILING WAGES
j) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of
the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research

Page 4 of 10 ends

Docusign Envelope ID: 92527418- 8E38- 4B4C- BC8D- CE3B792C3148 CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY (LAWTF)
of the Department of Industrial Relations located at
http:// www. dir. ca. gov/ dlsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' sprincipal place of business and at the Project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
k) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections (a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at CONTRACTOR' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONTRACTOR, at CONTRACTOR' Sown cost and expense, shall maintain commercial

Page 5 of 10 ends

Docusign Envelope ID: 9252741B- 8E38- 4B4C- BC8D- CE3B792C3148 CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)
general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence 1, 000,0), combined single limit coverage for risks associated with the work contemplated by this Agreement.

If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of CONTRACTOR; premises owned, occupied or used by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California - admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non - renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self -Insured Retentions. CONTRACTOR shall disclose the self -insured retentions and deductibles before beginning any of the

Page 6 of 10 ends

Docusign Envelope ID: 9252741B- 8E38- 4B4C- BC8D- CE3B792C3148 CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)
services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers.

The CITY Manager may condition approval of an increase in deductible or self -insured retention levels upon a
requirement that CONTRACTOR
procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner,

CONTRACTOR
earliest possible
shall
opportunity
provide
and
written
in
notice
no case
to CITY
later than
at CONTRACTOR' S
five days after
CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' Sbreach.

INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract,

Page 7 of 10 ends

Docusign Envelope ID: 9252741B- 8E38- 4B4C- BC8D- CE3B792C3148 CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)
except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.

COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.

INTERPRETATION
I)
m)
The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract.

APPLICABLE LAW
n) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California. o) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.

Page 8 of 10 ends

Docusign Envelope ID: 9252741 B- 8E38- 4B4C- BC8D- CE3B792C3148 CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)

Page 9 of 10 ends

Docusign Envelope ID: 92527416- 8E38- 4B4C- BC8D- CE3B792C3148 CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF HAZARDOUS WASTE FROM THE BACKWASH TANK

AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)
Approved as to Form:

Recommended for Approval:

Approved by:

Contractor:

City of Lathrop
City Attorney
Z-- 2EJZ`
Salvador Navarrete Date
City of Lathrop
Assistant City Manager

7.2• zozs
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
MP Environmental Services, Inc.

Gina Blankenship, Facility Manager
3400 Manor Street
Bakersfield, CA 93308
661) 393- 0205
Fed ID # 77- 0262888
Lathrop Business License # NLB- 001721- 205
Docu8lgned by:

Raktt, esAourD4ur. or...

Signature Date
Gina Blankenship
7/ 1/ 2025
Facility Manager
Print Name and Title
DocuSlgned by:

ZittlArt. 1ILn4J. r 7/ 1/ 2025
Signature
Richard Turner Controller
Date
Print Name and Title

Page 10 of 10 ends

81111101111WILIIIIK" 114
Docusign Envelope ID: 92527418- 8E38- 4B4C- BC8D- CE3B792C3148 MP Environmental Services, Inc.

Since 1944
Customer City of Lathrop
Project Tank Cleaning

EXHIBIT A
EC 250505
Cost Estimate
Proposal Date 06/ 26/025
Prepared By Bret Bennett

PERSONNEL
Item
Project Manager - ST
Technician - ST
Project Manager OT
Technician - OT
Operator - ST
Operator - OT
PPE - Level C
Per -Diem
QTY UOM QTY Rate
1 HR 8 $ 90. 00
3 HR 8 $ 98. 00
1 HR 2 $ 120. 00
3 HR 2 $ 125. 50
1 HR 8 $ 129. 75
1 HR 2 $ 170. 50
3 EA / DAY 1 $ 140. 00
5 EA / DAY 1 $ 250. 00
Total
720. 00
2, 352. 00
240. 00
753. 00
1, 038.0
341. 00
420. 00
1, 250. 0
Personnel Daily Subtotal 7, 114. 00

EQUIPMENT
Item
Support Pickup ( Unoperated)
One Ton Truck ( Unoperated)
GAP -VAX HV 44 Series or Equivalent
Full Confined Space Safety Package
Project Trailer
Supervac Ramps
QTY UOM QTY Rate
1 DAY 1 $ 165. 00
1 DAY 1 $ 225. 00
1 HR 10 $ 205. 00
1 DAY 1 $ 500. 00
1 DAY 1 $ 275. 00
1 DAY 1 $ 150. 00
Total
165. 00
225. 00
2, 050.
500. 00
275. 00
150. 00
Equipment Daily Subtotal 3,65. 00
Personnel & Equipment Daily Cost 10, 479. 00
Estimated Number of Days 4
Personnel & Equipment Total 41, 916. 00

JOB SUPPLIES / OTHER
Item
6 Inch Flex Hose
Bin Liner - Filter Cloth - 130 micron
UOM
FT
EA
QTY Rate
200 $ 6. 75 $
8 $ 135. 00 $
Total
1, 350. 0
1, 080.

Job Supplies / Other Subtotal 2, 430. 0

MOBILIZATION / DEMOBILIZATION
Item
Mobilization / Demobilization
UOM
DAY
QTY Rate
2 $ 5, 475. 00 $
Total
10, 950. 0
Mob / Demob Subtotal 10, 950. 0
Docusign Envelope ID: 92527418- 8E38- 4B4C- BC8D- CE3B792C3148 sesvuesamesserop, tea
TOTAL ESTIMATED PROJECT COST 55, 296. 00
MP Environmental Services, Inc,
Since 1944
Proposal Assumptions & Conditions
This is a budgetary estimate only.

Estimate is valid for sixty (60) days from date above.

Work performed Monday through Friday. Additional costs for weekends/ holidays.

Four hour minimum applicable to all service calls.

All rates are portal to portal from facility which dispatches equipment unless otherwise specified.

Any disposal and/ or laboratory analysis will be billed at cost plus 20% All work completed out of original work scope will be billed to customer at time and material rate.

Change order rates will be provided upon customer request.

All Equipment must be decontaminated after project. If performed on -site, decontamination will be charged on a time and material basis. If decontamination is conducted at an off -site facility, decontamination will be billed at cost plus 15%.

Only MP Environmental Personnel are authorized to deliver, pickup, operate, or transfer MP Equipment.

Estimates are based on our best information and actual time may vary.

Mobilization price includes 8 dewatering bins for 30 days, if additional days are required additional cost will be incurred. ($ 45. 00 per bin per Estimate does not include transportation or disposale of waste, this will be determined upon waste profile and acceptance.

Print
Signature
By Signing below, you are giving MP Environmental Services, Inc. authorization to proceed with the listed project.

Title
Date
MP Environmental would like to thank you for the opportunity to assist your company with our services and looks forward to providing you with the highest quality of service and safety! MP Environmental Services, Inc.

Docusign Envelope ID: 9252741B- 8E38- 4B4C- BC8D- CE3B792C3148 3400 Manor St. Bakersfield, CA 93308
Office (661) 393- 1151
mrewoompercusumamiNc
Docusign Envelope ID: 9252741B- 8E38- 4B4C- BC8D- CE3B792C3148 MP Environmental Services, Inc.

Since 1944
Customer: CITY OF LAHROP
Billing Address:

EXHIBIT B
Cost Estimate
Office (661) 393- 1151
www. mpenviro. com
Quoted By: Bret Bennett
Direct: ( 661) 302. 8168
Email:

Date:
bbennett@mpenviro. com
MONDAY 6- 16- 25

QTY DESCRIPTION UOM QTY RATE ITEM TOTAL
0:

O
b
Q
i

LABOR SUB TOTAL

QTY DESCRIPTION UOM QTY RATE ITEM TOTAL
ti
W
Q.

W
U
u)
tL
1 Roll -off Truck ( Operated)
1 Fuel Surcharge June - 2025
i
HOUR 8 $ 125. 00
DAY 1 32%

FSC EQUIPMENT SUB TOTAL
1, 000.
320. 00
1, 320. 0

QTY DESCRIPTION UOM QTY RATE ITEM TOTAL
I2
W
0 CY
W
U
U2
O
1 Dewatering Bin EA / DAY 1 $ 45. 00

NON FSC EQUIPMENT SUB TOTAL

45. 00

DESCRIPTION UOM QTY RATE ITEM TOTAL
1 Or
O

HAZ/ NON HAZ MANIFEST
Bin Liner - Filter Cloth - 130 micron

DISPOSAL

ONE TIME PROFILING FEE
I
EACH 1 $ 25. 00
EACH 1 $ 145. 00
TON 10 $ 115. 00
EACH 1 $ 350. 00

OTHER SUB TOTAL

25. 00
145. 00
1,50. 0
350. 00
1, 670. 0
DESCRIPTION OF SERVICES ESTIMATED NUMBER OF DAYS 1

DISPOSAL PRICE PER BIN PER TON TO KETTLEMAN CITY AND BACK TO

CITY OF LATHROP
LABOR & EQUIPMENT TOTAL $ 1, 365. 00
OTHER TOTAL $ 1, 670. 0
ESTIMATED PROJECT TOTAL $ 3, 035.0

ATTACHMENT D
Docusign Envelope ID: 7A2B03A8- B466- 4B3E- 9135- FDFDOFCECF7D

EMERGENCY SERVICE CONTRACT BETWEEN
THE CITY OF LATHROP AND MP ENVIRONMENTAL SERVICES, INC.

TO PROVIDE EMERGENCY REMOVAL AND DISPOSAL OF ADDITIONAL HAZARDOUS

WASTE FROM THE BACKWASH TANK AT THE LATHROP WATER TREATMENT

FACILITY ( LAWTF)
THIS SERVICE CONTRACT ( hereinafter "Contract") is made on August V9 , 2025, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter City") and MP Environmental Services, Inc. (hereinafter " Contractor"), whose Taxpayer Identification Number is 77- 0262888.

For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:

SCOPE OF WORK
Contractor agrees to perform the Emergency Removal and Disposal of Additional Hazardous Waste from the Backwash Tank at the LAWTF in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit " A", and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' ssatisfaction.

CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on a time and materials basis not to exceed $ 91, 283. 00 16,83. 00for the delivery of eighteen roll -off bins, $2,00. 0for sample collection and analysis, and a not to exceed amount of $ 72, 900. 0 for the rental of eighteen dewatering bins for up to 90 days at $ 45. 00 per day, attached hereto as Exhibit " A"). In no event shall CONTRACTOR be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s City Manager prior to the commencement of the work.

TIME FOR PERFORMANCE
The work began on July 21, 2025. The work shall be completed within 95 total calendar days of work commencement.

PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.

Docusign Envelope ID: 7A2B03A8- B466- 4B3E- 9135- FDFDOFCECF7D CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF ADDITIONAL HAZARDOUS WASTE FROM THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)

Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.

Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' sexpense.

NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director
of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s
Director of Public Works, postage
prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' sBid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property.

Contractor unqualifiedly warrants all work and materials to be free of defects whether performed

Page 2 of 10 ends

Docusign Envelope ID: 7A2B03A8- B466- 4B3E- 9135- FDFDOFCECF7D CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF ADDITIONAL HAZARDOUS WASTE FROM THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY (LAWTF) or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.

APPRENTICES
d) The Contractor' sattention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7 of the California Labor Code. e) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
f) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.

HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal day' s
work. The
Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- five dollars ($ 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.

PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each joumeyman, apprentice, worker or other employee employed by him or her in connection with the work.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
g) A certified copy of the employee' spayroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

Page 3 of 10 ends

Docusign Envelope ID: 7A2B03A8- B466- 4B3E- 9135- FDFDOFCECF7D CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF ADDITIONAL HAZARDOUS WASTE FROM THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) h) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
c> A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made.

The public shall not be given access to such records at the principal office of the Contractor.

The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.

Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.

Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.

PREVAILING WAGES
j) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. (" Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research

Page 4 of 10 ends

Docusign Envelope ID: 7A2B03A6- 6466- 4B3E- 9135- FDFDOFCECF7D CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF ADDITIONAL HAZARDOUS WASTE FROM THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) of the Department of Industrial Relations located at
http:// www. dir. ca. gov/ dIsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a
copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' sprincipal place of business and at the Project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
k) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at CONTRACTOR' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,00). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, orthe CONTRACTOR, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONTRACTOR, at CONTRACTOR' Sown cost and expense, shall maintain commercial

Page 5 of 10 ends

Docusign Envelope ID: 7A2B03A8- B466- 4B3E- 9135- FDFDOFCECF7D CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF ADDITIONAL HAZARDOUS WASTE FROM THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence 1, 000,0), combined single limit coverage for risks associated with the work contemplated by this Agreement.

If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of CONTRACTOR; premises owned, occupied or used by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self -Insured Retentions. CONTRACTOR shall disclose the self -insured retentions and deductibles before beginning any of the

Page 6 of 10 ends

Docusign Envelope ID: 7A2B03A8- 6466- 4B3E- 9135- FDFDOFCECF7D CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF ADDITIONAL HAZARDOUS WASTE FROM THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY (LAWTF) services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers.

The CITY Manager may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, earliest

CONTRACTOR
possible
shall
opportunity
provide
and
written
in
notice
no case
to CITY
later than
at CONTRACTOR' S
five days after
CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' Sbreach.

INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract,

Page 7 of 10 ends

Docusign Envelope ID: 7A2B03A8- 8466- 4B3E- 9135- FDFDOFCECF7D CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF ADDITIONAL HAZARDOUS WASTE FROM THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.

COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.

Page 8 of 10 ends

Docusign Envelope ID: 7A2B03A8- B466- 4B3E- 9135- FDFDOFCECF7D CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF ADDITIONAL HAZARDOUS WASTE FROM THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)

Page 9 of 10 ends

Docusign Envelope ID: 7A2B03A8- 8466- 483E- 9135- FDFDOFCECF7D CITY OF LATHROP - MP ENVIRONMENTAL SERVICES, INC.

EMERGENCY REMOVAL AND DISPOSAL OF ADDITIONAL HAZARDOUS WASTE FROM THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) Approved as to Form:

Recommended for Approval:

Approved by:

Contractor:

City of Lathrop
City Attorney
Salvador Navarrete Date
City of Lathrop
Assistant City Manager
Michael King
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
I N 2O25
Date
Stephen J. Salvatore
City Manager
Date
MP Environmental Services, Inc.

Gina Blankenship, Facility Manager
3400 Manor Street
Bakersfield, CA 93308
661) 393- 0205
Fed ID # 77- 0262888
Lathrop Business License # NLB- 001721- 205
rDocusiyned
by;
ibikAa• BQ4' kcn4 Mp
OSAe14rDeC4r4of...

Signature
Gina Blankenship
8/ 13/ 2025
Date
Facility Manager
Print Name and Title
DocuSigned by;
c4crAMD4DOC4Nr...

Signature
Richard Turner
8/ 13/ 2025
Date
Controller
Print Name and Title

Page 10 of 10 ends

Docusign Envelope ID: 7A2B03A8- 6466- 4B3E- 9135- FDFDOFCECF7D August 11, 2025
Bonnie Evans
City of Lathrop
Via Email — bevans( a.. ci. lathrop. ca. us
Re: Emergency Backwash Tank Hazardous Waste Disposal
Additional Funding Request
Dear Ms. Evans,
MP would like to request additional funding for the above reference project. As you know the original contract was issued in the amount of $115, 996 to cover the estimated costs associated with on -site cleaning and off -site disposal of the waste The on -site cleaning component has been completed and came in very close to our original estimate. We also anticipate that the disposal portion should also be very close to our original estimate. The additional funds are needed to cover the following costs, which were not part of our original estimate:

Delivery of eighteen roll -off bins with liners $ 16,83 Rental of 18 Dewatering Bins for 90 days @ $45/ day $ 72, 900 Sample Collection and Analysis $ 2,00
Additional Funds Requested $ 91, 283
Please note the above is an estimate and could change based on rental charges for the containers. Should the dewatering bins be able to be shipped prior to ninety days, the rental cost listed above would decrease. However, should the dewatering bins have to remain on site longer than 90 days, this cost would increase.

Please let us know if you have questions or need any additional information to process this request.

Thank you.

Sincerely,
Ora 84404
Facility Manager
3400 Manor Street
Bakersfield, CA 93308
661) 393- 1151 ( 800) 458- 3036
661) 393-834 fax
www. mpenviro. com

EXHIBIT A

ATTACHMENT E
City of
Office of the City Manager
September PP, 2025
390 Towne Centre Drive, Lathrop, CA 95330
Phone ( 209) 941- 7220 — Fax ( 209) 941- 7229
www. ci. lathrop. ca. us

NOTICE TO PROCEED
Utility Service Company, Inc.

Chris Vanderstar, Director of Sales West Region
P. O. Box 1350
Perry, GA 311069
Re: Emergency Service Contract for the Replacement of the Floating Decanter and Swing joint Inside of the Backwash Tank at the Lathrop Water Treatment Facility ( LAWTF) Dear Chris Vanderstar:

Enclosed please find your original executed Emergency Service Contract for the Replacement of the Floating Decanter and Swing Joint Inside of the Backwash Tank at the Lathrop Water Treatment Facility ( LAWTF). This is your Notice to Proceed to the attached Emergency Service Contract.

Should you have any questions regarding this contract, please contact Frank Vallejo, the staff member directly involved with this work, at (209) 941- 7424.

Thank you,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920

EMERGENCY SERVICE CONTRACT BETWEEN
THE CITY OF LATHROP AND UTILITY SERVICE CO., INC.

TO REPLACE THE FLOATING DECANTER AND SWING JOINT INSIDE OF THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) THIS SERVICE CONTRACT ( hereinafter " Contract") is made on September to , 2025, by and between the City of Lathrop, a municipal corporation of the State of California hereinafter " City") and Utility Service Co., Inc. (hereinafter " Contractor"), whose Taxpayer Identification Number is 58- 1920989.

For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:

SCOPE OF WORK
Contractor agrees to perform the Emergency Replacement of the Floating Decanter and Swing Joint inside of the Backwash Tank at the LAWTF in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit "A" and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' ssatisfaction.

The work is being performed as emergency work as defined in Lathrop Municipal Code LMC) 2. 32. 020. The City did not have adequate time to follow the public bid process. Pursuant to LMC 2. 36. 080, purchasing procedures may be eliminated in emergency situations to efficiently and timely maintain essential public services and to preserve property. Contractor agrees to complete the work to the satisfaction of the City and subject to inspection, or its representatives.

CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on a time and materials basis not to exceed $ 85, 302. 00 for the replacement of the floating decanter and swing joint, attached hereto as Exhibit " A". In no event shall CONTRACTOR be entitled to compensation for work not included in Exhibit " A" unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' sCity Manager prior to the commencement of the work.

TIME FOR PERFORMANCE
The effective date of this contract is September to, 2025, and the work shall be started within 5 working days of receipt of the equipment. The work shall be completed within 10 total working days of work commencement.

PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.

Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920 CITY OF LATHROP - UTILITY SERVICE CO., INC.

EMERGENCY REPLACEMENT OF THE FLOATING DECANTER AND SWING JOINT INSIDE OF THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)

Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.

Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.

ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property.

Contractor unqualifiedly warrants all work and materials to be free of defects whether performed

Page 2 of 10 ends

Docusign Envelope ID: 840898AF- 40M-967- 90A3- BF198B534920 CITY OF LATHROP - UTILITY SERVICE CO., INC.

EMERGENCY REPLACEMENT OF THE FLOATING DECANTER AND SWING JOINT INSIDE OF THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.

APPRENTICES
d) The Contractor' s attention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6and 1777. 7of the California Labor Code. e) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
f) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.

HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute alegal day' s work. The
Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- five dollars ($ 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

Page 3 of 10 ends

Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920 CITY OF LATHROP - UTILITY SERVICE CO., INC.

EMERGENCY REPLACEMENT OF THE FLOATING DECANTER AND SWING JOINT INSIDE OF THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) h) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
i) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made.

The public shall not be given access to such records at the principal office of the Contractor.

The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.

Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.

Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.

PREVAILING WAGES
0) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of
the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research

Page 4 of 10 ends

Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920 CITY OF LATHROP - UTILITY SERVICE CO., INC.

EMERGENCY REPLACEMENT OF THE FLOATING DECANTER AND SWING JOINT INSIDE OF THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) of the Department of Industrial Relations located at
http:// www. dir. ca. gov/ dIsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' s
principal place of business and at the Project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
k) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at CONTRACTOR' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONTRACTOR, at CONTRACTOR' Sown cost and expense, shall maintain commercial

Page 5 of 10 ends

Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920 CITY OF LATHROP - UTILITY SERVICE CO., INC.

EMERGENCY REPLACEMENT OF THE FLOATING DECANTER AND SWING JOINT INSIDE OF THE

If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of CONTRACTOR; premises owned, occupied or used by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non - renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self -Insured Retentions. CONTRACTOR shall disclose the self -insured retentions and deductibles before beginning any of the

Page 6 of 10 ends

Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920 CITY OF LATHROP - UTILITY SERVICE CO., INC.

EMERGENCY REPLACEMENT OF THE FLOATING DECANTER AND SWING JOINT INSIDE OF THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers.

CONTRACTOR
possible
shall
opportunity
provide
and
written
in
notice
no case
to CITY
later
at
than

CONTRACTOR' S
five days after
CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' Sbreach.

INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s
noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract,

Page 7 of 10 ends

Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920 CITY OF LATHROP - UTILITY SERVICE CO., INC.

EMERGENCY REPLACEMENT OF THE FLOATING DECANTER AND SWING JOINT INSIDE OF THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.

COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.

Page 8 of 10 ends

Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920 CITY OF LATHROP - UTILITY SERVICE CO., INC.

EMERGENCY REPLACEMENT OF THE FLOATING DECANTER AND SWING JOINT INSIDE OF THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF)

Page 9 of 10 ends

Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920 CITY OF LATHROP - UTILITY SERVICE CO., INC.

EMERGENCY REPLACEMENT OF THE FLOATING DECANTER AND SWING JOINT INSIDE OF THE

BACKWASH TANK AT THE LATHROP WATER TREATMENT FACILITY ( LAWTF) Approved as to Form:

Recommended for Approval:

Approved by:

Contractor:

City of Lathrop
City Attorney
Salvador Navarrete Date
City of Lathrop
Assistant City Manager
Michael
1— —
King
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Date
Stephen J. Salvatore Date
City Manager
Utility Service Company, Inc.

P. O. Box 1350
Perry, GA 31069
855) 526- 4413
Fed ID # 58. 1920989
Lathrop Business License # LB -001013- 2025
Signed by:

Lois VA A„ ott st* Y
oaee6owowaoa ..

Signature Date
9/ 2/025
Chris Vanderstar Director of Sales
Print Name and Title

Page 10 of 10 ends

Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920 EXHIBIT A

USG WATER

SOLUTIONS -
Proposal from
UTILITY SERVICE CO., INC.
535 Gen. Courtney Hodges Blvd • P O Box 1350 • Perry, GA 31069 Toll -free: 855- 526- 4413 I Fax: 478- 97- 2991
usgwater. com
Date: 08/ 22/5 Submitted by: AJ Vela Local Phone: (720) 670- 2861 SFID: 116865 MP/ CS Asset: n
Entity Proposal Submitted To (" Customer"):

City of Lathrop
Phone Number:
209- 92- 0019
Fax Number:

Street Address:
2112 E. Louise Ave
Description of Work to be Performed:

Backwash Decanter Amt Repair - Concrete Services
City:

Lathrop
State:

CA
Zip Code:
95330
Asset Name:

Backwash Tank
Accounts Payable Contact Nome:

Bonnie Evans
Email:
bevans@ci. Iathrop. ca. us
Job Site Address:
2112 E. Louise Ave, Lathrop CA 95330
Job Contact (Inspection Reports):

Frank Vallejo
Email:
fvallejo@ci. lathrop. ca. us
County/ Parish:

San Joaquin
Asset Size:
48' Dx23' H
Asset Style:

Backwash Tank
Utility Service Co., Inc. agrees to provide all labor, equipment, and materials needed to complete the following:

Please see attached Exhibit( s), which are incorporated herein by reference:

1. Exhibit A — Scope of Work

2. Exhibit B — Terms and Conditions
Please sign and date this proposal and fax one copy to our office.

Eighty- fivethousand three -hundred and two -----------------_-_-_--------_-.. 001100 Dollars $ ----- 85, 302. 00 Payment to be made as follows: Payment Due In Full Upon Completion of Work — plus all applicable taxes Remittance Address: Utility Service Co., Inc., P O Box 207362, Dallas, TX 75320-62 This Proposal, together with its Exhibit A — Scope of Work and Exhibit B - Terms and Conditions, and any additional exhibits that Utility Service Co., Inc. and the Customer agree to incorporate and attach to this Proposal (collectively, this " Proposal") constitutes the entire and exclusive agreement between Utility Service Co., Inc. (which for purposes herein shall collectively include its affiliate companies) and Customer ( collectively, the " Parties"). This Proposal may be withdrawn by Utility Service Co., Inc. at any time prior to acceptance. Customer assents to the terms and conditions in Exhibit B and agrees that the terms and conditions in Exhibit B shall govern with respect to this Proposal and the services provided by Utility Service Co., Inc. No additional or conflicting terms or conditions included in any purchase order, hyperlink, acknowledgement or invoice of Customer not expressly incorporated into this Proposal shall be binding on the Parties or this Proposal.

Note: This proposal shall expire automatically
Ninety (90) days following the date of this Proposal.

Authorized --"
USCJ Signature ,••-
Acceptance of Proposal The prices, scope of work, and terms and conditions by Customer to Utility Service Co., Inc. as set forth herein. of this Proposal are satisfactory and are hereby accepted. Payment will be made please provide Sales Tax Exemption Certificate.

Signature
Is Customer Exempt from Sales Tax? I — s No Yes If Exempt, Fiscal Year Beginning Month Customer
Date of Acceptance Printed Name

FOR INTERNAL USE ONLY
SFID: CN: SO: PPB: BM MP / CS PN:
2025 Utility Service Co., Inc. CONFIDENTIAL Page 1
Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920

USG WATER

SOLUTIONS -
Proposal from
UTILITY SERVICE CO., INC.
535 Gen. Courtney Hodges Blvd - P O Box 1350 - Perry, GA 31069 Toll -free: 855- 526- 4413 1 Fax: 478- 97- 2991
usgwater. com
Exhibit A - Scope of Work
Asset:

Decanter
Replacement
BACKWASH TANK is approximately 48 ft dia x 23 ft Height ( Interior) x 23 ft Height ( Average Exterior Exposed)
This proposal includes the replacement of the installed decanter.

Lead time for the decanter is expected to be 6- 8 weeks and the lead time for the swing arm is expected to be 24 weeks.

Owner will drain, isolate, and washout tank prior to mobilization.

Removal and disposal of installed Decanter.

Install one ( 1) FSED- 8Floating Decanter (316 SS) including float assembly, decanter head, and 8" decant dishcarge piping with flange connection and new ductile iron flanged swing joint.

Notes/ Exclusions: - Scorecard pricing is valid until 02/ 14/ 2026. Specialized goods and services are being rendered as part of this Scope of Work. Due to subcontractor and/ or supplier requirements pricing may fluctuate due to current market conditions.

USG Water Solutions reserves the right to request a change order due to unforeseen market conditions that increase the cost of the goods or services provided by suppliers or subcontractors.

Owner shall isolate, drain and remove all sediment from the Asset prior to renovation operations.

Owner shall provide that no moisture or water is entering the Asset during renovation operations.

Interior disinfection of Asset walls, floor and ceiling in accordance with AWWA C652/653 (Contact Spray Method) is included. Owner shall perform any testing and return of Asset back to service.

The following items are not furnished or inlcuded in this pricing:

Tanks; any pipe, supports, fittings or valves except those specifically included above; out of basin or interconnecting piping, valves or supports; tank wall spools and interconnecting hardware and gaskets; controls; start- up service; jobsite testing; jobsite storage; taxes; duties; insurance and other items not specifically mentioned in the body of this proposal.

Water and power must be available within 150' of Asset.

Bonds are not included.

Local Wage Rates are included.

Lead and / or Asbestos abatement of any kind is not included.

USCI is not responsible for differing, latent or hidden conditions, including weather.
2025 Utility Service Co., Inc. CONFIDENTIAL Page 2
Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920

USG WATER

SOLUTIONS -
Proposal from
UTILITY SERVICE CO., INC.
535 Gen. Courtney Hodges Blvd - P O Box 1350 - Perry, GA 31069 Toll -free: 855- 526- 4413 I Fax: 478- 97- 2991
usgwater. com
In the event of a different or unknown problem, USG Water Solutions will be entitled to equitable adjustment in price and time to compensate for additional costs.

All work is expected to occur during acceptable weather and/ or seasonal times. Environmental controls, including dehumidification and auxiliary heating, are not included. Any environmental controls needed will be charged at cost + 15%.

All workers to have 10 -hour OSHA card; any additional safety requirements are subject to request for additional compensation.

This proposal is based upon a visual inspection of the Asset. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Asset for all patent defects.

If latent defects are identified once the Asset has been drained for repairs, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company renegotiate pricing.
2025 Utility Service Co., Inc. CONFIDENTIAL Page 3
Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920

USG WATER

SOLUTIONS -
Proposal from
UTILITY SERVICE CO., INC.
535 Gen. Courtney Hodges Blvd • P O Box 1350 • Perry, GA 31069 Toll -free: 855- 5264413 I Fax: 478- 97- 2991
usgwater. com
Exhibit B — Terms and Conditions
A. GENERAL TERMS AND CONDITIONS
The Terms and Conditions ( the ' Terms") of this Proposal govem the sale of services ( the Services") by Utility Service Co., Inc. (which for purposes herein shall include its affiliates) to the Customer. All other terns, or variations IP these Terms are excluded unless agreed explidty in writing by a numbered amendment to this Proposal executed by utility Service Co., Inc. and the Customer. Execution of the Proposal by the Customer, whether in writing, on the Internet, by electronic signature, or by e- mail transmission of a signed Proposal shall mean acceptance that these Terms are deemed incorporated into the Proposal and shall form the contract between the Customer and Utility Service Co., Inc. These Terms shag supersede all prior terms, understandings or Proposals between the Customer and Utility Service Co., Inc. H any part of the Terms should be found to be invalid or unenforceable by a court or other competent authority, then the remainder of the Terms shall not be affected. My notice to be given with respect to these Terms by either of the Parties shall be in writing. Notices to the Customer shall be sent to the Customer' saddress on the Proposal, and any notices to Utility Service Co., Inc., including notice of warranty claims by the Customer, shall be sent to: Utility Service Co., Inc., ATTN: Customer Service Department, 535 General Courtney Hodges Boulevard, Post Office Box 1350, Perry, Georgia 31069.

This Proposal has been issued based on the information provided by the Customer and on information currently available to Utility Service Co., Inc. at the time of Proposal issuance.

Any changes or discrepancies in site conditions, concealed conditions where the Services will be performed, changes in environmental, health, and safely regulations or conditions, changes in Customer' sfinancial standing, Customer' srequirements, or any other relevant change or discrepancy in the factual basis upon which this Proposal was created may lead to changes in the offering, including but not limited to, changes in pricing, warranties, quoted scope of work, and/ orterms and conditions. Unless stated otherwise in the Proposal, performance and/ or payment bonds are not included in the price. These bonds can be purchased on request but will be at an additional cost.

B. PRICES, PAYMENT TERMS, COMMITMENT

OF CUSTOMER, CREDIT REPORTING AND
TAXES
Prices, which are expressed in US Dollars, are only valid for the period stated in the Proposal.

If not stated, the validity period is ninety ( 90) days. Unless otherwise stated in the Proposal, the full price shag be due and payable upon completion of the Services, which may or may not include the installation of Equipment. All of Utility Service Co., Inc.' s invoices are due and payable upon receipt. If any payment is not made by the Customer within sixty ( 60) calendar days following the date of the Invoice, Utility Service Co., Inc. reserves the right to charge a late payment charge of one and one- half percent (1. 5%) per month of the outstanding past due balance. Any failure by Customer to make timely payment of any obligation under tltis Proposal shall be deemed a breach. Customer agrees to reimburse Utility Service Co., Inc. for all charges, costs, expenses and attorney' sfees incurred to enforce or collect the amounts due under this Proposal. In the event Customer has a valid dispute with any invoice or amount due, such dispute must be communicated in writing to utility Service Co., Inc. within thirty ( 30) days of the invoice date, describing the amount, Issue and the reason for any dispute. My amounts not disputed within this time frame wilt be deemed to be vatic. Utility Service Co., Inc. and Customer agree to work expeditiously to resolve any dispute. Customer agrees to notify Utility Service Co., Inc. within thirty (30) days of any change in Customer' s name, address, or phone number. By executing this Proposal, Customer authorizes Utility Service Co., Inc. to periodically request your credit reports and bank and trade references.

Upon your request, we will inform you of the name and address of the reporting agency from which we received such a report, ff any. The price listed in the Proposal excludes all taxes unless specifically stated otherwise in the Proposal. The Customer is responsible for payment of all applicable taxes, however designated or incurred in connection with the transactions under this Proposal, and agrees to reimburse Utility Service Co., Inc. for any taxes paid on Customers behalf.

C. DELIVERY OF SERVICES AND INSTALLATION

OF EQUIPMENT
The provision of Services as contemplated herein might require the installation of certain equipment ( the ' Equipment") on the Customers real property or on the improvements to the Customer' sreal property (e.g., water storage tank, etc). All times and dates for the delivery of Services and/ orinstallation of Equipment are approximate, but Utility Service Co., Inc. shall use Its reasonable efforts to respect them. The Parties shall each make commercially reasonable efforts to schedule the Services after the date this Proposal is executed by the Customer. Utility Service Co, Inc. shall not be liable for any loss or damage resulting from late delivery of the Services or installation of Equipment.

D. ACCESS TO CUSTOMER' SFACILITY OR REAL

PROPERTY
Customer hereby agrees to provide Utility Service Co., Inc. with reasonable access to its facility or real property to perform the Services. ' Reasonable access" shall include passable roads for ingress and egress as well as sufficient usable ground space for Utility Service Co., Inc.' s equipment and materials needed to perform the Services.

Unless otherwise provided in this Proposal, the price of this Proposal does not include the cost to lease additional real property so that Utility Service Co., Inc. will have sufficient usable ground space to stage its equipment and materials needed to perform the Services. Any such cost would be in addition to the price of the Proposal, and if needed, the Customer agrees to negotiate an amendment to this Proposal to modify the pricing in good faith.

E. RISK OF LOSS
Risk of loss or damage to the Equipment if applicable to this Proposal, shall pass to the Customer upon delivery of the Equipment to the named place of destination.

F. TITLE TO EQUIPMENT
If the sale of Equipment is included in this Proposal, the title in the Equipment shall remain with Utility Service Co., Inc. until the price of the Proposal is paid in fug. The Customer assents that Utility Service Co., Inc. may enter upon the Customer' sreal properly and/ or facility to repossess the Equipment if payment( s) are not received in full by their due date( s).

G. SCOPE OF WARRANTY
Subject to the imitations contained herein, Utility Service Co., Inc. represents that for a period of one ( 1) year from the earlier of ( i) the completion of the Services (to include the installation of the Equipment, if applicable to this Proposal) or ( ii) the Customer' s retum to use of the asset that is the subject matter of this Proposal (' Warranty Period", the Services and Equipment, if applicable, will be free from defects in materials and workmanship and will substantially conform to the specifications set forth In Exhibit A ( NVarrant). WITH THE EXCEPTION OF THE REPRESENTATION IN THE FOREGOING SENTENCE, UTILfTY SERVICE CO., INC. MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY

KIND WITH RESPECT TO THE SUBJECT MATTER HEREOF AND ALL OTHER

WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE

IMPLIED WARRANTY OF MERCHANTABILITY, NON -INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

H. NOTIFICATION OF WARRANTY CLAIM
All claims filed under the Warranty provided In Section G shall be made in writing by the Customer within thirty ( 30) calendar days of idengfying a defect Customer shall provide the written notice of the calm to Utility Service Co., Inc. pursuant to Section A above, and the Customer shall provide the following information in the written notice: ( i) a description of the defect giving rise to the claim; (ii) photographs showing the defect; and ( iii) if the claim is related to Equipment, the serial number( s) of the Equipment which is ( are) the subject or the claim.

I. EXCLUSIONS FROM WARRANTY
Occurrence of any of the following, as reasonably determined by Utility Service Co., Inc., will void the Warranty: ( i) unauthorized alteration of any components) of the Services or the Equipment, ti applicable, originally supplied by Utgity Service Co., Inc., or ( ti) intentional or negligent damage to Utility Service Co., Inc.' s work product or the Equipment, if applicable to this Proposal, caused by any other person or entity, including but not limited to, the Customer and its officers, employees, agents, contractors, and assigns.

J. VERIFICATION OF WARRANTY CLAIM
Utility Service Co., Inc. shall contact Customer following its receipt of notice of a claim under the Warranty. Utility Service Co., Inc. reserves the right to request additional information from the Customer or to conduct an on -site inspection of its work or the Equipment, if applicable to this Proposal, before accepting a claim. The Parties agree to cooperate and work in good faith to provide any additional information needed or to schedule an on - site visit by Utility Service Co., Inc.' s personnel to visibly inspect the work and the Equipment, if applicable. Furthermore, Utility Service Co., Inc. reserves the right to have a third party participate in the inspection of the work to verify whether the work or Equipment, if applicable, is defective under the terms of the Warranty. 2025 Utility Service Co., Inc. CONFIDENTIAL Page 4
Docusign Envelope ID: 840898AF- 40A-967- 90A3- BF198B534920

USG WATER

SOLUTIONS -
Proposal from
UTILITY SERVICE CO., INC.
535 Gen. Courtney Hodges Blvd • P O Box 1350 • Perry, GA 31069 Toll -free: 855- 526- 4413 I Fax: 478- 97- 2991
usgwater. com
Exhibit B — Terms and Conditions ( Continued)
K. SATISFACTION OF WARRANTY CLAIM
If 'Ally SeMce Co., kha verifies, in good faith, that a claim under the Warranty is veld and not subject to an exclusion pursuant to Section I above, Utiity Service Co., Inc. agrees b repair areplace, widaut expense to the Customer, any workmanship, matelots, and/ or Equipment, if applicable, flnNshed hereunder that may { rove defective within the Warranty Period. The Warranty provided in this Proposal shall be the sole end exclusive remedy of the Customer.

L. INDEMNIFICATION
Utiiy SeMce Co. Inc. shat indemnify and hold hamless Custaner from e1 claims for physical damage to third party properly or dory to persons, including death, to the extent mused by the negligence of Utility Service Co., Inc. a its dicers, agents, employees, and/ or assigns whtie engaged in activities under this Proposal. Customer shall likewise indemnify and hold harmless LIMN SeMce Co., Inc. from all dabs for physical damage to third party property or injury to persons, inducingg death, to the extent caused by negdgence of the Customer or its dicers, agents, employees, and/ or assigns. kt the event such damage or injury is caused by }pint or concurrent negligence of Utility Service Co., Inc. and Customer, the loss shall be borne by each Party in proportion to its negligence. For the purpose of this Section L, (i) 'Third party' shal not Include Customer or any subsequent owner of the property where the Services were performed or Equipment, if applicable, their shtostddaries, parents, affiliates, agents, successors or assigns including any operation or maintenance conbacta, or their insurer; and (1I) no portion of the Equipment is ' third party Properly
M. FORCE MAJEURE
Utility Service Co., Inc. shall not be liable to the Customer for non- performance a delay in performance of any of Its obligations under this Proposal due to: (i) acts of God ( which include, but are not Funded to, tropical storms, hurricanes, tornadoes, and earthquakes), ( ii) failure of the Internet or another network, (iii) war, (iv) riot, (v) civil commotion, ( vi) embargo, (vii) labor disputes, (vli) labor strikes, (ix) fire, (x) flood, (d) theft (hdO epidemic, hen) pandemic (inducing COVID- 19), ( xiv) delay in delivery of services, materials, or equipment by subconbactas, suppliers, a manufacturers, (xv) shortage of labor or materials, or ( xvl) any other unforeseen event ( whether or not similar in nature to those specified) outside the reasonable control of Utility Service Co., Inc.

N. LIMITATION OF LIABILITY
Neither the Customer nor Utility SeMce Co., Inc. shall be liable to the other for any economic ( including, without Imitation, loss of revenues, profits, contracts, business or anticipated savings), special, indirect, incidental, exemplary, punitive or consequential tosses or damages or loss of goodwill in any way whether such liability is based on tort, contract, negligence, strict liability, product liability or otherwise arising from or relating to this Proposal or resulting from the use or the inability to use the Services or Equipment, if applicable to this Proposal, or the performance or non- perfonnan a of the Services or Equipment, if applicable. II is the responsibility of the Customer to insure itself in this regard if it so desires. The liability time of Utility SeMce Co., Inc. and its affiliate companies under this Proposal, whether based in contract, warranty, tort ( including negligence), strict liability, product liability or otherwise shall not exceed the price that the Customer agrees to pay Utility Service Co., Inc. in this Proposal.

O. GOVERNING LAW AND DISPUTE

RESOLUTION
This Proposal and these Tens shall be construed in accordance with the laws of the state of Georgia without regad to the conflict of law prindple. In the event of a dispute concerning this Proposal, the complaining Party shad notify the other Party in writing thereof. Management level representatives of both Parties shall meet at an agreed location and attempt to resolve the dispute in good faith. Should the dispute not be resolved within sixty ( 60) days after such notice, the complaining Party shall seek remedies exdusNeiy through arbitration. The seat of arbitration shall be the federal district court closest to the location where the Services were performed or are scheduled to be performed, and the rules of arbitration will be the Ccmmerdal Arbitration Rules of American Arbitration Association, which are incorporated herein by reference into this Section O.
2025 Utility Service Co., Inc. CONFIDENTIAL Page 5

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Lathrop City CouncilOctober 13, 2025

Lathrop City Council
October 13, 2025