Subcontractor Agreement

SUBCONTRACTOR AGREEMENT

First Environment Project No.:

SUBCONTRACTOR's Name:

SUBCONTRACTOR's Address:

FIRST ENVIRONMENT and the SUBCONTRACTOR have agreed that the SUBCONTRACTOR will perform the following services.

The services covered by this SUBCONTRACTOR AGREEMENT will be performed in accordance with the PROVISIONS included within this form and any attachments or schedules.

SCOPE OF SERVICES:

COMPENSATION:

OTHER TERMS: <> Proposal <> is incorporated by reference. If there are any conflicting terms, the terms of this Subcontractor Agreement shall supersede.

This SUBCONTRACTOR AGREEMENT represents the entire agreement between the parties, supersedes all prior agreements and understandings, and may be changed only by written amendment executed by both parties.

Approved for SUBCONTRACTOR Accepted for FIRST ENVIRONMENT, INC.

By: By: Name: Name: Title: Title: Date: Date:

1 http://www.firstenvironment.com/html/emsforms.html/subcontractoragreement.doc Last Revised: 7/18/11 PROVISIONS

ARTICLE 1. TERMS OF PAYMENT C. Payment Following receipt by FIRST ENVIRONMENT of payment A. Prime Contract from the CLIENT for work invoiced by the (1) This SUBCONTRACTOR AGREEMENT is the for SUBCONTRACTOR, payment will be made by FIRST performance of a portion of the work under the ENVIRONMENT to the SUBCONTRACTOR within 15 Prime Contract (contract between FIRST calendar days for approved invoice amount, less any ENVIRONMENT and , hereinafter referred to retainage by the CLIENT, less any retainage specified as “CLIENT”), and Subcontractor’s work hereunder elsewhere in this SUBCONTRACTOR AGREEMENT. shall be performed in accordance with the Prime Contract Documents, which are hereby specifically D. Final Payment incorporated herein as part of this Final payment of any balance will be made upon SUBCONTRACTOR AGREEMENT. completion of the Scope of Services, and receipt of all (2) The contract documents consist of this deliverables and all PROJECT-related documents and SUBCONTRACTOR AGREEMENT, the Prime data that are required to be furnished under this Contract between CLIENT and FIRST SUBCONTRACTOR AGREEMENT. Final payment will ENVIRONMENT (referred to in FIRST be made within 15 days of receipt by FIRST ENVIRONMENT’s Contract as CONSULTANT), any ENVIRONMENT of final payment from the CLIENT. and all conditions of the SUBCONTRACTOR AGREEMENT (General, Supplementary and other), E. Interest and the applicable construction schedules, Any interest received by FIRST ENVIRONMENT from drawings, specifications, maps, plans, addenda and the CLIENT for late progress payments or retainages will modifications issued prior or subsequent to this be shared with the SUBCONTRACTOR on a pro rata SUBCONTRACTOR AGREEMENT. basis.

(3) Any provisions required by the Prime Contract, ARTICLE 2. OBLIGATION OF statute, local law or regulation to be incorporated in SUBCONTRACTOR a subcontract shall be deemed to be set forth herein. A. Independent CONSULTANT SUBCONTRACTOR is an independent CONSULTANT (4) The Contract Documents shall govern the and will maintain complete control of and responsibility SUBCONTRACTOR for its portion of the work to the for its employee, agents, methods, and operations. same extent as they govern CONSULTANT. The Nothing contained in this SUBCONTRACTOR term "CONSULTANT" used in the Prime Contract AGREEMENT will create any contractual relationship shall include and be understood to refer to between the CLIENT and SUBCONTRACTOR. SUBCONTRACTOR where applicable and appropriate. Except as modified herein, B. Lower Tier Subcontracts CONSULTANT shall have the same rights against Any proposed or existing subcontract(s) with SUBCONTRACTOR as CLIENT has against SUBCONTRACTOR to perform a portion of the Scope of CONSULTANT, and SUBCONTRACTOR shall have Services hereunder (Lower Tier Subcontractor) must, the same obligations towards CONSULTANT as before work is begun, be submitted to and approved in CONSULTANT has towards CLIENT. These rights writing by FIRST ENVIRONMENT. SUBCONTRACTOR and obligations include, but are not limited to, any will bind all Lower Tier Subcontractors to the Provisions Prime Contract provision relating to changes, extras, of this SUBCONTRACTOR AGREEMENT. claims, labor, dispute resolution, safety, inspection, warranties or termination. Neither this SUBCONTRACTOR AGREEMENT nor any B. Invoicing Lower Tier Subcontract will create any contractual The SUBCONTRACTOR may submit invoices relationship between any Lower Tier Subcontractor and to FIRST ENVIRONMENT for progress payments not FIRST ENVIRONMENT, nor any liability of FIRST more than once each month by the 20th of each month. ENVIRONMENT to any Lower Tier Subcontractor. Such invoices will represent the value of the completed Scope of Services and will be prepared in a form and C. Performance supported by documentation as FIRST ENVIRONMENT The standard of care applicable to SUBCONTRACTOR's may reasonably require. Invoices will be reviewed and services will be the degree of skill and diligence normally approved by FIRST ENVIRONMENT before submittal to employed by firms performing the same or similar the CLIENT. services. The SUBCONTRACTOR will remove and replace any work or repeat and correct any services not meeting this standard, all without additional compensation. If such deficiencies are not corrected in a timely manner, FIRST ENVIRONMENT may cause the same to be corrected and deduct costs incurred from SUBCONTRACTOR's compensation.

2 http://www.firstenvironment.com/html/emsforms.html/subcontractoragreement.doc Last Revised: 7/18/11 D. Insurance and Indemnification Scope of Services and will maintain the materials, The SUBCONTRACTOR will maintain throughout this equipment, structures, buildings, premises, and other SUBCONTRACTOR AGREEMENT insurance with limits subject matter hereof, free and clear of mechanic's or as set forth below or as required by the Contract, other liens. whichever shall be higher and will submit certificates verifying such to FIRST ENVIRONMENT: F. Codes, Laws, and Regulations SUBCONTRACTOR will comply with all applicable (1) Worker's compensation and employer's liability codes, laws, regulations, standards, and ordinances in insurance as required by the state or province where force during the term of this SUBCONTRACTOR the work is performed. AGREEMENT.

(2) Comprehensive automobile and vehicle liability G. Permits, Licenses, and Fees insurance covering claims for injuries to members of SUBCONTRACTOR will obtain and pay for all permits the public and/or damages to property of others and licenses required by law that are associated with the arising from use of motor vehicles, including on-site SUBCONTRACTOR's performance of the Scope of and off-site operations, and owned, non-owned, or Services and will give all necessary notices. hired vehicles, with $1,000,000 combined single limits. H. Publicity SUBCONTRACTOR will not disclose the nature of its (3) Commercial general liability insurance covering Scope of Services on the PROJECT, or engage in any claims for injuries to members of the public or other publicity or public media disclosure with respect to damage to property of others arising out of any this PROJECT without the prior written consent of FIRST negligent act or omission of the SUBCONTRACTOR ENVIRONMENT and the CLIENT. or of any of its employees, agents, or subcontractors, with $1,000,000 combined single I. Additional Assignments limits, duly endorsed to provide coverage for the The SUBCONTRACTOR will not separately solicit or risks of environmental contamination, explosion, accept any assignment from the CLIENT directly related collapse and underground (XCU) hazards, and to the PROJECT during the life of the CONTRACT completed operations. without FIRST ENVIRONMENT's written approval.

(4) FIRST ENVIRONMENT, the CLIENT and any other J. Access to Records parties entitled to such coverage pursuant to the The SUBCONTRACTOR will maintain accounting Prime Contract will be named as additional insureds records, in accordance with generally accepted with respect to SUBCONTRACTOR's liabilities accounting principles and practices, to substantiate all hereunder in insurance coverages identified in Items invoiced amounts. Said records will be available for "2" and "3," and SUBCONTRACTOR waives examination by FIRST ENVIRONMENT during subrogation against CLIENT, FIRST SUBCONTRACTOR's normal business hours for a ENVIRONMENT and any other parties so entitled period of three years after SUBCONTRACTOR's final pursuant to the Prime Contract, as to said policies. invoice to the extent required to verify the costs incurred hereunder. All insurance certificates will state that the insurance carrier will give FIRST ENVIRONMENT 30 days K. Suspension of Work notice of any cancellation or material change of the The SUBCONTRACTOR will, upon written notice from policies. FIRST ENVIRONMENT, suspend, delay, or interrupt all or a part of the Scope of Services. In such event, the (5) SUBCONTRACTOR agrees to indemnify, defend, SUBCONTRACTOR will resume the Scope of Services and hold CLIENT and FIRST ENVIRONMENT upon written notice from FIRST ENVIRONMENT and an harmless from any and all claims, liabilities, appropriate extension of time will be mutually agreed obligations, governmental penalties, fines, and upon and added to the SUBCONTRACTOR's time of causes of action of whatsoever nature, including performance. injury to or death of any person, or damage to or destruction of any property resulting from any and all L. Hazardous or Toxic Substances negligent acts or omissions of SUBCONTRACTOR If this SUBCONTRACTOR AGREEMENT or any Lower Tier Subcontractor, including court involves hazardous or toxic substances, costs and attorney's fees, excluding only those SUBCONTRACTOR will be indemnified for losses, caused by the sole negligence of FIRST damages, personal injuries, or death claim only to the ENVIRONMENT or CLIENT. extent that FIRST ENVIRONMENT is reimbursed for such indemnification by the CLIENT. (6) SUBCONTRACTOR will indemnify and hold FIRST ENVIRONMENT harmless for any failure to maintain and comply with a site-specific health and safety plan as required in paragraph M(2) below.

E. Liens SUBCONTRACTOR will promptly pay for all services, labor, material, and equipment used or employed in the

3 http://www.firstenvironment.com/html/emsforms.html/subcontractoragreement.doc Last Revised: 7/18/11 M. Health and Safety With regards to health and safety: N. Training and Competency The SUBCONTRACTOR will ensure that its employees (1) SUBCONTRACTOR will strictly comply with all have the appropriate training, education, experience and health, safety or training requirements that are appended licensing, including but not limited to such as may be to this SUBCONTRACTOR AGREEMENT, but FIRST necessary to perform tasks that have the potential to ENVIRONMENT is not responsible for cause a significant environmental impact1 and/or affect SUBCONTRACTOR's methods or means in carrying out compliance with environmental regulations. The the work, or for the health or safety of SUBCONTRACTOR will maintain records of employees’ SUBCONTRACTOR's employees. competency, including but not limited to training, education, experience and licensing, which will be (2) Prior to authorization to proceed, available for review by FIRST ENVIRONMENT at any SUBCONTRACTOR will provide FIRST ENVIRONMENT time. with a site-specific health and safety plan. The site- specific health and safety plan will be consistent with the O. Guide For Our Subcontractors Scope of Services and will address any possible conflicts In furtherance of FIRST ENVIRONMENT’s ISO 14001 with FIRST ENVIRONMENT or other subcontractors. Environmental Management System, the SUBCONTRACTOR, its employees or subcontractors, SUBCONTRACTOR will review the attached “Guide For must have a copy of the site-specific health and safety Our Subcontractors” (Guide) with its employees prior to plan available on the site. SUBCONTRACTOR, its initiation of the Scope of Services. The Guide employees or subcontractors, will produce a copy of the summarizes the SUBCONTRACTOR’s responsibilities site-specific health and safety plan upon request of with regard to FIRST ENVIRONMENT's environmental FIRST ENVIRONMENT. If SUBCONTRACTOR, its management system. The SUBCONTRACTOR’s employees or subcontractors, fail to produce on site the employees performing the Scope of Services will sign a site-specific health and safety plan at any time, then read and acknowledgement form, provided by FIRST SUBCONTRACTOR will immediately cease all work on ENVIRONMENT, prior to commencing work. the site until the site-specific health and safety plan is available. Neither FIRST ENVIRONMENT nor any other P. Equal Opportunity subcontractor will be responsible for any delay caused by The following is applicable unless the SUBCONTRACTOR’s, its employees’ or subcontractor’s, SUBCONTRACTOR AGREEMENT is exempt under failure to furnish the site-specific health and safety plan Rules and Regulations of the Secretary of Labor as required. Neither the receipt by FIRST Executive Order No. 11246 of September 24, 1965, as ENVIRONMENT of SUBCONTRACTOR’s health and amended. Exemptions include, but are not limited to, safety plan, nor the authorization of SUBCONTRACTOR contracts and subcontracts with state or local to proceed with the work, nor any authorization to governments; and contracts and subcontracts under resume work, shall constitute approval by FIRST which work is performed outside the United States and ENVIRONMENT of the provisions of no recruitment of workers within the United States is SUBCONTRACTOR’s health and safety plan, and involved. SUBCONTRACTOR shall at all times remain solely responsible for its appropriateness and adequacy, as (1) SUBCONTRACTOR will be bound by and agrees to well as for complying with its provisions. the following provisions as contained in Section 202 of Executive Order 11246: (3) If ordered by CLIENT and/or FIRST ENVIRONMENT, SUBCONTRACTOR and/or its (a) SUBCONTRACTOR will not discriminate SUBCONTRACTORS will suspend immediately the against any employee or applicant for performance of any part of the subcontract work that is employment because of age, race, color, deemed by CLIENT and/or FIRST ENVIRONMENT to be religion, sex, or national origin. unsafe, and will not resume same until SUBCONTRACTOR will take affirmative action SUBCONTRACTOR, at its own cost and expense, shall to ensure that applicants and employees are have corrected the unsafe condition to the satisfaction of treated during employment without regard to the CLIENT and/or FIRST ENVIRONMENT and their race, color, religion, sex, or national origin. SUBCONTRACTOR will not be entitled to any Such action will include, but not be limited to, compensation for time lost or on account of any expense the following: employment, upgrading, incurred due to stoppage of the work. If demotion, or transfer; recruitment or SUBCONTRACTOR fails to correct any such unsafe recruitment advertising; layoff or termination; condition, the CLIENT and/or FIRST ENVIRONMENT rates of pay or other forms of compensation; may take corrective action AND deduct the costs and selection for training, including therefore from payments due to SUBCONTRACTOR. apprenticeship. SUBCONTRACTOR agrees to SUBCONTRACTOR will defend, indemnify and hold post, in conspicuous places available to harmless the CLIENT and FIRST ENVIRONMENT, as well as their agents and employees, from and against 1 any and all claims, damages, losses, actions, liabilities, 1First Environment has defined its potentially significant expenses, charges and/or other costs of any nature environmental impacts as degradation of soil quality, arising out of or in connection with SUBCONTRACTOR’S groundwater quality, surface water quality, air quality and breach of its obligations hereunder. contribution to global climate change through the addition of greenhouse gases.

4 http://www.firstenvironment.com/html/emsforms.html/subcontractoragreement.doc Last Revised: 7/18/11 employees and applicants for employment, threatened with litigation with a Lower Tier notices setting forth the provisions of this SUBCONTRACTOR as a result of such nondiscrimination clause. direction by FIRST ENVIRONMENT, SUBCONTRACTOR may request the United (b) SUBCONTRACTOR will, in all solicitations or States to enter into such litigation to protect the advertisements for employees placed by or on interests of the United States. behalf of SUBCONTRACTOR, state that all qualified applicants will receive consideration (2) SUBCONTRACTOR will be bound by and agrees to for employment without regard to race, color, the provisions of Section 503 of the Rehabilitation religion, sex, or national origin. Act of 1973 as amended, and all regulations, rules, and orders promulgated thereunder. (c) If applicable, SUBCONTRACTOR will send to each labor union or representative of workers (a) SUBCONTRACTOR will not discriminate with which it has a collective bargaining against any employee or applicant for agreement or other contract or understanding, employment because of physical or mental a notice advising the labor union or workers' handicap in regard to any position for which the representative of SUBCONTRACTOR's employee or applicant is qualified. The commitments under Section 202 of Executive SUBCONTRACTOR agrees to take affirmative Order No. 11246 of September 24, 1965, as action to employ, advance in employment, and amended, and will post copies of the notice in otherwise treat qualified handicapped conspicuous places available to employees and individuals without discrimination based upon applicants for employment. their physical or mental handicap in all employment practices such as the following: (d) SUBCONTRACTOR will comply with all employment, upgrading, demotion, or transfer; provisions of Executive Order No. 11246 of recruitment or recruitment advertising; layoff or September 24, 1965, as amended, and the termination; rates of pay or other forms of rules, regulations, and relevant orders of the compensation; and selection for training, Secretary of Labor. including apprenticeship.

(e) SUBCONTRACTOR will furnish all information (b) SUBCONTRACTOR agrees that, if a and reports required by Executive Order No. handicapped individual files a complaint with 11246 of September 24, 1965, as amended, the SUBCONTRACTOR that it is not complying and by the rules, regulations, and orders of the with the requirements of the Act, it will (1) Secretary of Labor, or pursuant thereto, and will investigate the complaint and take appropriate permit access to its books, records, and action consistent with the requirements of 20 accounts by FIRST ENVIRONMENT and the CFR 741.29; and (2) maintain on file for three Secretary of Labor for purposes of investigation years the record regarding the complaint and to ascertain compliance with such rules, the actions taken. regulations, and orders. (c) SUBCONTRACTOR agrees that, if a (f) In the event of SUBCONTRACTOR's handicapped individual files a complaint with noncompliance with the nondiscrimination the Department of Labor that it has not clauses of this SUBCONTRACTOR complied with the requirements of the Act, it will AGREEMENT or with any of such rules, (1) cooperate with the Department in its regulations, or orders, this SUBCONTRACTOR investigation of the complaint; and (2) it will AGREEMENT may be cancelled, terminated, or provide all pertinent information regarding its suspended in whole or in part, and employment practices with respect to the SUBCONTRACTOR may be declared ineligible handicapped. for further contracts in accordance with procedures authorized in Executive Order No. (d) SUBCONTRACTOR agrees to comply with 11246 of September 24, 1965, as amended. rules and regulations of the Secretary of Labor in 20 CFR Ch. VI, Part 741. In the event of the (g) SUBCONTRACTOR will include the provisions SUBCONTRACTOR's noncompliance with the of this Article in every Lower Tier Contract requirements of this clause, the contract may unless exempted by rules, regulations, or be terminated or suspended in whole or in part. orders of the Secretary of Labor issued pursuant to Section 202 of Executive Order No. (e) SUBCONTRACTOR will include the terms of 11246 of September 24, 1965, as amended, so this clause in every subcontract or purchase that such provisions will be binding upon each order in excess of $2,500 unless exempted by Lower Tier Subcontract, SUBCONTRACTOR the rules, regulations, or orders of the Secretary will take such action with respect to any Lower of Labor. Tier Subcontract as FIRST ENVIRONMENT may direct as a means of enforcing such (3) To the extent applicable hereto, provisions, including sanctions for SUBCONTRACTOR will in the performance of this noncompliance. However, in the event agreement comply with: The Fair Labor Standards SUBCONTRACTOR becomes involved in, or is Act of 1939 (29 USC 201-219); the Walsh-Healey

5 http://www.firstenvironment.com/html/emsforms.html/subcontractoragreement.doc Last Revised: 7/18/11 public Contracts Act (41 USC 35-45); the Contract D. Force Majeure Work Hours Standards Act-Overtime Compensation Neither party to this SUBCONTRACTOR AGREEMENT (40 USC 327-330); Laws Restraining the Use of will be liable to the other party for delays in performing Convict Labor; utilization of Small Business and the Scope of Services, or for the direct or indirect cost Small Disadvantaged Business Concerns (Public resulting from such delays, that may result from labor Law 95-507); Affirmative Action for Disabled strikes, riots, war, acts of governmental authorities, Veterans and Veterans of the Vietnam Era Clause of extraordinary weather conditions or other natural Title 41, CFR part 60, Subsection 250.4, and the catastrophe, or any other cause beyond the reasonable implementing rules and regulations of the control or contemplation of either party. Department of Labor associated therewith, which are incorporated herein by reference; all other E. Authorization to Proceed federal, state, and local laws; and all regulations and Execution of this SUBCONTRACTOR AGREEMENT by orders issued under any applicable law. FIRST ENVIRONMENT will be authorization for SUBCONTRACTOR to proceed with the Scope of ARTICLE 3. GENERAL LEGAL PROVISIONS Services, unless otherwise provided for in this SUBCONTRACTOR AGREEMENT. A. Proprietary Information All drawings, specifications, technical data, and other F. No Third Party Beneficiaries information furnished to SUBCONTRACTOR either by This SUBCONTRACTOR AGREEMENT gives no rights FIRST ENVIRONMENT or CLIENT or developed by or benefits to anyone other than the SUBCONTRACTOR SUBCONTRACTOR or others in connection with the and FIRST ENVIRONMENT and has no third-party Scope of Services are, and will remain the property of beneficiaries. FIRST ENVIRONMENT or CLIENT, and may not be copied or otherwise reproduced or used in any way G. Jurisdiction except in connection with the Scope of Services; or The law of the state, or province, governing the disclosed to third parties or used in any manner CONTRACT between FIRST ENVIRONMENT and the detrimental to the interests of FIRST ENVIRONMENT or CLIENT shall govern the validity of this CLIENT. SUBCONTRACTOR AGREEMENT, its interpretation and performance, and any other claims related to it. The following information will not be subject to the confidentiality requirements of the above: H. Severability and Survival If any of the provisions contained in this (1) Information in the public domain through no action of SUBCONTRACTOR AGREEMENT are held for any SUBCONTRACTOR in breach of this reason to be invalid, illegal, or unenforceable in any SUBCONTRACTOR AGREEMENT; or respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this (2) Information independently developed by SUBCONTRACTOR AGREEMENT will be construed as SUBCONTRACTOR; or it such invalid, illegal or unenforceable provision had never been contained herein. The provisions of articles (3) Information acquired by SUBCONTRACTOR from a 2C, 2D, 2L, and 3A will survive termination of the third party not delivered to SUBCONTRACTOR in SUBCONTRACTOR AGREEMENT. breach of confidentiality agreements that said third party may have with FIRST ENVIRONMENT or I. Termination/Cancellation CLIENT. FIRST ENVIRONMENT will have the right to terminate this SUBCONTRACTOR AGREEMENT for its B. Assignments convenience. After termination, SUBCONTRACTOR will This SUBCONTRACTOR AGREEMENT and the rights be reimbursed for services rendered and necessary and duties hereunder will not be assigned, expenses incurred to the termination date upon subcontracted, or transferred by SUBCONTRACTOR, in submission to FIRST ENVIRONMENT of detailed whole or in part, without FIRST ENVIRONMENT's prior supporting invoices. SUBCONTRACTOR will not be written approval. entitled to profit or other compensation with respect to services not performed. C. Waivers No waiver by either party of any default by the other party If SUBCONTRACTOR, during performance of the Scope in the performance of any provision of this of Services: SUBCONTRACTOR AGREEMENT will operate as, or be construed as, a waiver of any future default, whether like (1) Becomes insolvent or makes a general assignment or different in character. for the benefit of its creditors; files or has filed against SUBCONTRACTOR a petition in bankruptcy or an attachment or execution levied upon any of SUBCONTRACTOR's property used hereunder; or has appointed a receiver for SUBCONTRACTOR's business; or

(2) Has any legal proceeding commenced against SUBCONTRACTOR that, in the opinion of FIRST

6 http://www.firstenvironment.com/html/emsforms.html/subcontractoragreement.doc Last Revised: 7/18/11 ENVIRONMENT, is likely to interfere with the performance and satisfactory completion of the Scope of Services; or

(3) Fails or refuses to proceed with the Scope of Services in a prompt, safe, and diligent manner, or to supply adequate equipment or properly skilled employees; or

(4) Fails to pay promptly all monies due Lower Tier Subcontractors for services, Labor, or materials used in connection with the Scope of Services; or

(5) Fails to maintain and adhere to a site-specific health and safety plan; or

(6) Fails or refuses to proceed in full compliance with all provisions of this SUBCONTRACTOR AGREEMENT;

(a) then SUBCONTRACTOR will be deemed in default and FIRST ENVIRONMENT, without prejudice to any other rights or remedy it may have, may give SUBCONTRACTOR notice in writing setting forth the particulars of such default. Unless such default is corrected within 7 days from date of said notice, FIRST ENVIRONMENT, at its option, may terminate this SUBCONTRACTOR AGREEMENT.

J. Scope of Services FIRST ENVIRONMENT may adjust the Scope of Services by either adding to or deleting from the services to be performed. If such adjustment increases or decreases the cost or time required for the SUBCONTRACTOR's Scope of Services, adjusted compensation and/or time will be mutually agreed upon in writing. Additional Services provided by the SUBCONTRACTOR will be entitled to additional compensation or extension of time only as authorized in writing by FIRST ENVIRONMENT.

7 http://www.firstenvironment.com/html/emsforms.html/subcontractoragreement.doc Last Revised: 7/18/11 OUR SUSTAINABILITY POLICY

We recognize that the world faces challenges in In Case of an Emergency: how we meet the demands of today while securing the future for those who will come after us. Refer to your health & We also believe that these challenges can and will be met and that First Environment has a role to play safety plan and contact the in this. As an organization and as individuals, we have developed a significant body of technical First Environment knowledge and experience that we bring to employee on-site. organizations, governments and businesses to assist them in addressing their environmental challenges. It is our responsibility to assist them in If no one is available, resolving these challenges without losing sight of GUIDE FOR OUR their economic viability. contact First Environment’s SUBCONTRACTORS Within our organization, we engender the same New Jersey Office at: values that we support our clients in achieving Towards this purpose, 1-800-486-5869 AND VENDORS . We recognize that what we do today impacts the future and act in accordance with this recognition. Any Non-Emergency . We ask of ourselves what we ask of others. Questions or Suggestions? . We commit to continually improve. . We commit carefully and meet those Contact Elizabeth Delaney, commitments. . We support further education and development Environmental Management of our firm members. System (EMS) Management . We volunteer our knowledge and resources to Representative at local, community, government, non-government 973-334-0003 or and international organizations so as to forward society’s goals of a just and clean world. [email protected] . We commit to ethical and legal behavior and integrity in all of our activities. . We work to protect the environment and Please recycle this when no longer needed prevent pollution. . We strive for accurate and transparent communication with our clients and others who have a stake in our operations. . We recognize the importance of a talented and Effective Date: 7/18/11 diverse workforce and strive for an atmosphere of mutual respect.

We believe this will provide a balanced company Certified to ISO 14001 that will grow and prosper as will the world. http://www.firstenvironment.com/html/emsforms.html/subcontractoragreement.doc Last Revised: 7/18/11 WHAT WE ASK OF OUR SUBCONTRACTORS:  Make sure you and your coworkers WHAT WE ASK OF EVERYONE WORKING ON understand our policy and perform BEHALF OF OUR COMPANY: competently any activity that may have the potential to cause the impacts listed While working with First Environment, you to the left. may have the potential to cause a  Comply with environmental, health and significant environmental impact (listed safety regulations. below) and/or affect compliance with Please help us ensure that our environmental regulations. At First  Do not leave waste, chemicals, used oil, sustainability policy is achieved Environment we are especially concerned or any other materials at a site without with: prior authorization of a First Environment and we minimize the employee. environmental impacts of our activities.  Degradation of soil quality  Take all necessary precautions to  Degradation of groundwater quality prevent spills and have spill cleanup Remember, you and we are guests equipment available. at our clients’ sites.  Degradation of surface water quality  If applicable, have available and know  Degradation of air quality your site specific Health and Safety Plan  Climate change resulting from the (HASP). It must be at least as stringent release of greenhouse gases as First Environment’s.  Know your First Environment contact. THANK YOU! We have asked your company to make sure  Where required, wear appropriate you have the appropriate training, education, personal protective equipment at our experience and licensing necessary to sites. YOUR ADHERENCE TO OUR perform activities on our behalf.  If you or a coworker is injured on the job, POLICY AND PROCEDURES IS Records of your training and competency report the injury to the First Environment GREATLY APPRECIATED! must be made available by your company for employee on-site as soon as possible First Environment’s review at any time. after the incident/accident.  Dispose of all trash and recyclables in the appropriate containers, with the approval of First Environment.  Follow all posted signs and instructions.  No smoking, except in designated areas.  Do not bring chemicals or materials onto the site, unless they are to be used at the site.

http://www.firstenvironment.com/html/emsforms.html/subcontractoragreement.doc Last Revised: 7/18/11