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HomeMy Public PortalAbout032-2013 - Summit Environmental - NGP - Phase II (1)AGREEMENT THIS AGREEMENT made and entered into this I I T1+ day of !YK4 , 2013, and referred to as Contract No. 32-2013 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Summit Environmental Services, LLC, 2125 Glenview Drive, Evansville, Indiana, 47720 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services in connection with capping and groundwater remediation at the former manufactured gas plant property located at 16 East Main Street in Richmond, Indiana as part of Phase II of the MGP Rernediation including the alternate Full Scale InSitu treatment bid (the "Project"). Remediation activities conducted by Contractor shall comply with all applicable federal and state Brownfield Cleanup Guidelines as explained in part below as well as any US EPA and IFA requirements. Certain Bid Specifications dated October 18, 2012, have been made available for inspection by Contractor, are on file in the office of the Department of Metropolitan Development for the City of Richmond, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Bid Specifications, dated November 8, 2012, is on file in the office of the Department of Metropolitan Development, is incorporated herein by reference and made a part of this Agreement, and Contractor agrees to abide by the same. A portion of this response, consisting of sixteen (16) pages, is also attached as Exhibit A. to this Agreement and incorporated herein by reference and made a part of this Agreement. The Davis -Bacon wage scale (General Decision: IN 120006 10/26/2012 IN6) is attached hereto as Exhibit B, consists of thirty-nine (39) pages, and is also hereby incorporated by reference and made a part of this Agreement. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary which are incidental to the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The Cfty is in receipt of anX Leguired affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 WQ, and 3. A purchase order has been issued by the Purchasing Department. Contract No. 32-2013 Page 1 of 19 SECTION IL STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contractor shall be deemed "prime contractor" and/or "subrecipient" and City shall be deemed "award recipient" for purposes of any Brownfield Administrative Conditions, Guidelines, or Covenants. SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Four Hundred Forty-two Thousand Eight Hundred Thirty-eight Dollars and Fifty Cents ($442,838.50) for complete and satisfactory performance of the work required hereunder. SECTION IV. FEDERAL CONTRACT PROVISIONS PER 29 CFR 5.5 City and Contractor shall comply with the below Federal contract provisions set forth in accordance with 29 CFR 5.5: (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in See. 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Page 2 of 19 Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator' of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210, The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(H) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract t from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the 'written request of Page 3 of 19 . the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The Environmental Protection Agency ("EPA") (or the City of Richmond as the grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(13) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions trade and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written .evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the EPA if the agency is a parry to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the EPA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The Page 4 of 19 required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at bttp://www.doI.gov/whd/fonns/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the EPA if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the EPA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract, (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form "-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section, (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees--(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of ' Labor, Employment and Training Page 5 of 19 Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (H) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. if the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work Page 6 of 19 actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (I) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers `or Page 7 of 19 P" mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) WithhoIding for unpaid wages and liquidated damages. The EPA. (or the City of Richmond as the grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. Page 8 of 19 (The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section were approved by the Office of Management and Budget: OMB Control Paragraph Number (a)(1)(ii)(B).............................................. 1215-0140 (a)(1)(ii)(C)............................................. 1215-0140 (a)(1)(iv)................................................. 1215-0140 (a)(3)(i).................................................. 1215-0140, 1215-0017 (a)(3)(ii)(A)•............................................ 1215-0149 (c)........................................................ 1215-0140, 1215-0017 j48 FR 19540, Apr. 29, 1983, as amended at 51 FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, June 26, 1992; 58 FR 58955, Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69674, Nov. 20, 2000; 73 FR 77511-77512, Dec. 19, 2008j SECTION V. BROWNFIELD AND CLEANUP GUIDELINES, CONDITIONS, AND COVENANTS A. DRUG -FREE WORKPLACE CERTIFICATION AND MAINTAINING A DRUG - FREE WORKPLACE (EXECUTIVE ORDER NO.90-5) Contractor shall maintain a drug -free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200-36.230. Contractor understands, acknowledges, and agrees that the project is a federally funded project and the project location is identified as a Brownfield cleanup location subject to federal drug -free workplace provisions, including but not limited to Title 40 CFR 36.200-36.230 and Title 40 CFR 36.300 as applicable. Contractor additionally understands, acknowledges, and agrees that the consequences for violating the drug -free workplace provisions are outlined under Title 40 CFR 36.510. Contractor covenants and agrees to make a good faith effort to provide and maintain during the term of this Agreement a drug -free workplace and shall assist City with giving notice to the Indiana Finance Authority within ten (10) days after receiving actual notice that an employee of the Contractor or any subcontractor, who serves in or could be expected to serve in a capacity related to the Project, is convicted of a criminal drug violation occurring in the Project workplace. In addition to the above drug -free covenants, if the grant funds exceed $25,000, the Contractor and any subcontractor further agree that this Agreement is expressly subject to the terms, conditions, and representations of the following certification: "This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the Indiana Department of Administration is requiring the inclusion of this certification in all contracts and grants from the State in excess of $25,000.00. No award of a contract shall be Page 9 of 19 made, and no contract, purchase order or agreement, the total amount of which exceeds $25,000.00, shall be valid, unless and until this certification has been fully executed by the Grant Recipient and made a part of the contract or agreement as part of the contract documents. "The Grant Recipient certifies and agrees that it will provide a drug -free workplace by: (1) Publishing and providing to all its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grant Recipient's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a drug -free awareness program to inform its employees of (a) the dangers of drug abuse in the workplace; (b) the Grant Recipient's policy of maintaining a drug -free workplace; (c) any available drug counseling, rehabilitation, and employee assistance programs; and (d) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; (3) Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment, the employee will (a) abide by the terms of the statement; and (b) notify the Grant Recipient of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction; (4) Notifying the State within ten (10) days after receiving notice from an employee under subdivision (3)(b) above, or otherwise receiving actual notice of such conviction; (5) Within thirty (30) days after receiving notice under subdivision (3)(b) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (a) taking appropriate personnel action against the employee, up to an including termination; or (b) requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency; and (6) Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs (1) through (5) above." City and. Contractor (and any of Contractor's subcontractors) further agree that the failure of the Contractor and any subcontractor to comply in good faith with the above drug -free workplace provisions, or falsifying or otherwise violating any of the above drug -free workplace certification Page 10 of 19 provisions shall constitute a material breach of this Agreement. Any breach entitles the Indiana Finance Authority to impose sanctions against the Contractor and any subcontractors, including (but not limited to) recovery of the Grant Funds, cancellation of this Agreement, and debarment of the Contractor or Subcontractor from doing further business with the Indiana Finance Authority or the State of Indiana for up to three (3) years. B. DBE REQUIREMENTS In accordance with the Environmental Protection Agency's (hereinafter "EPA") Program for Participation by Disadvantaged Business Enterprises in procurement under EPA financial assistance programs, Contractor, as subrecipient, agrees to comply with 40 CFR 33.301 which sets forth the following: Sec. 33.301 A recipient, including one exempted from applying the fair share objective requirements by Section 33.411, is required to make the following good faith efforts whenever procuring construction, equipment, services and supplies under and EPA financial assistance agreement, even if it has achieved its fair share objectives under subpart D of this part: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Focal and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum .participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. Contractor shall retain records documenting compliance with the above DBE Requirements and shall require the inclusion of the above Ianguage -in all sub -contracts entered into for this Project. Page 11 of 19 Contractor understands that the EPA has reserved the right to take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate. C. RECYCLED PAPER Contractor, as subrecipient of Grant Funds, agrees to use recycled paper for all reports which are prepared as a part of this Agreement and delivered to the EPA, in accordance with EPA Order 1000.25 and Executive Order 13 10 1, Greening the Government Through Waste Prevention, Recycling and Federal Acquisition. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Please note that Section 901 of E.O. 13101, dated September 14, 1998, revoked E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention in its entirety. D. PROCUREMENT OF RECYCLED PRODUCTS Contractor, as subrecipient of Grant Funds, shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an itern where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the EPA. These guidelines are listed in 40 CFR 247. E. SMALL BUSINESS IN RURAL AREAS Contractor agrees to comply with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988. Therefore, if Contractor as subrecipient awards a subcontract under this Agreement, Contractor will utilize the following affirmative steps relative to Small Business in Rural Areas (SBRAs): (1) Placing SBRAs on solicitation lists; (2) Ensuring that SBRAs are solicited whenever they are potential sources; (3) Dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; (4) Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs; (5) Using the services of the Small Business Administration and the Minority Business Development Agency of the U.S, Department of Commerce, as appropriate; and (6) Requiring the subcontractors to take affirmative steps in subparagraphs (1) through (5) of this condition. F. SUBAWARDS Pape 12 of 19 The City as recipient has agreed to certain subaward provisions and Contractor, as prime contractor and subrecipient, shall agree to same and require the below subparagraphs in any subcontract: (1) Establish all subaward agreements in writing; (2) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB Circular A-133, and are not used to acquire commercial goods or services for the Contractor; (3) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs are necessary, reasonable, and allocable; (4) Ensure that any subawards to 501(c)(4) organizations do not involved lobbying activities; (5) Monitor the performance of subcontractors and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the subaward; (6) Obtain EPA's consent before awarding a subcontract or making a subaward to a foreign or international organization, or a subaward to be performed in a foreign country; and (7) Obtain approval from EPA for any new subaward work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. G. SUSPENSION AND DEBARMENT: 2 CFR PART 1532 Contractor agrees to fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Contractor is responsible for ensuring that any subcontracts or lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Contractor is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Contractor, as prime contractor and subrecipient understands, acknowledges, and agrees that the required terms as set forth above shall be included in all subcontracts. Additionally, Contractor understands, acknowledges, and agrees that failure to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of any assistance agreement awarded to the City, or pursuance of legal remedies, including suspension and debarment. Contractor further understands, acknowledges, and agrees that any failure to disclose information as set forth above may result in the termination of this Agreement. This term and condition supersedes EPA Form 570049, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." H. LOBBYING AND LITIGATION — ALL RECIPIENTS Page 13 of 19 Contractor understands, acknowledges, and agrees that no Grant Funds shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. As mandated by this Act, Contractor agrees to provide certification to the award official via EPA Form 5700-53, Lobbying and Litigation Certificate, within ninety (90) days after the end of the project period. This form can be accessed at http://www.epa.ggv/ogd/forms/adobe/5700- 53-pdf. Contractor shall abide by its respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Any Part 30 recipient shall abide by its respective OMB Circular (A-21 or A-122), which prohibits the use of Federal Grant Funds to participate in various forms of lobbying or other political activities. I. CONFLICT OF INTEREST (1) As used in this section: "Immediate Family" means the spouse and the emancipated children of an individual. "Interested Party" means: (i.) The individual executing this Agreement; (ii.) Any individual who has an interest of three (31/0) percent or more of the Grant Recipient; or (iii.) Any member of the Immediate Family of the individual specified under subdivision (i.) or (ii.). "Commission" means the State Ethics Commission. (2) - The Indiana Finance Authority may cancel this Agreement without recourse if an Interested Party is an employee of the Indiana Finance Authority or the State of Indiana. (3) The Indiana Finance Authority will not exercise its right to cancel this Agreement under this Conflict of Interest provision if the City gives the Indiana Finance Authority an opinion of the Commission indicating that the existence of this Agreement and employment by the Indiana Finance Authority or the State of the Interested Party does not violate any statute or code relating to ethical conduct of employees of the Authority or State employees. The Indiana Finance Authority may take action, including cancellation of this Agreement, consistent with an opinion of the Commission. (4) The City, as Grant Recipient, has an affirmative obligation under this Agreement to disclose to the Indiana Finance Authority when an Interested Party is, or becomes, an employee of the Authority or the State. The obligation under the above Conflict of Interest provisions extends only to those facts that the City knows or reasonably should know. Contractor, as subrecipient, agrees that it shall also comply with the above Conflict of Interest provisions and shall disclose to the Indiana Finance Authority when' an Interested Party is or Page 14 of 19 becomes and employee of the Indiana Finance Authority or the State of Indiana. This obligation of Contractor shall extend only to those facts that Contractor knows or reasonably should have known. Contractor shall include the above Conflict of Interest provisions in all subcontracts for this project. SECTION VI. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until the completion of the project as outlined in the bid specifications. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date of termination and the reasons for termination which shall include but not be limited to the following: (1) failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; (2) submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; (3) ineffective or improper use of funds provided under this Agreement; (4) unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date of termination by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by the City, in whole or in part, in the event the grant funding to the City under which this Agreement is made is suspended or terminated. A force majeure event is an event that includes but is not restricted to: acts of God; acts of a legislative, administrative, or judicial entity; acts of contractors other than contractors engaged directly by Contractor; fires; floods; labor disturbances; epidemics; and unusually severe weather. In the event that performance of services by Contractor is affected by a force majeure event that is beyond the Contractor's reasonable control, Contractor will be granted a time extension and the parties will negotiate an equitable adjustment to the price of any affected services, where appropriate, based upon the effect of the force majeure event on performance by Contractor. However, City retains the right to terminate as set forth above and in the event of such termination, the City shall be required to make payment for all work performed prior to the effective date of termination by Contractor, but shall be relieved of any other responsibility herein. Page 15 of 19 W: SECTION VIL WITHHOLDING, RETAINAGE, AND CLAIMS FOR PAYMENTS Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide for the payment of subcontractors, laborers, material suppliers, and those performing services under a public works contractor and further agrees that in the event Contractor fails to timely pay any subcontractor, laborer, or material supplier for the performance of services or delivery of materials under this Agreement that the Board of Public Works and Safety for the City shall withhold payments in an amount sufficient to pay the subcontractors, laborers, material suppliers, or those providing services. Contractor further understands, acknowledges, and agrees that the Board shall proceed with the proper administrative procedures initiated as the result of any claims timely filed by any subcontractor, laborer, or material supplier under Indiana Code 36-1-12-12. SECTION VI1L INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate Page 16 of 19 SECTION IX. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION X. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Pursuant to Indiana Code 22-9-1-10 and the Civil Rights Act of 1964, the Contractor as the subrecipient and any of Contractor's subcontractors shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to the employee's or applicant's hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee's or applicant's race, color, religion, sex, disability, national origin, or ancestry. Acceptance of this Agreement also signifies compliance with applicable Federal laws, regulations, and executive orders prohibiting discrimination Page 17 of 19 in the provision of services based on race, color, national origin, age, sex, disability, or status as a veteran. D. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION XI. COMPLIANCE WITH E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22- 5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22- 5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION XII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no Ionger valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION XIII. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION )IV. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole Page 18 of 19 or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be fled in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety By. a. Vicki Robinson, President Date:__ APPROVED: Sarah L. Hutton, Mayor "CONTRACTOR" SUMMIT ENVIRONMENTAL Printed: `..� A S\,.Oul-ks Title: �V� � i�a.Ace w kko,A Date: Page 19 of 19 ... EXMIBIT.t�-- PAGE I Q CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Fort 52414 (R 19-10)1 Form 96 (Revised 2010) Prescribed by State Board of Accounts PART (To be completed for all bids. Please type or prirnt) Date (month, day, year): 11/812012 1. Governmental Unit (Owner): City of Richmond 2. County: Wayne 3. Bidder (Firm): Summit Environmental Address: 2125 Glenview Drive City/StatelZIPcode: Evansville, IN 47720 4. Telephone Number: 812-421-1744 5. Agent of Bidder (if applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of Former MGP Site Groundwater Remediation Project (Governmental Unit) in accordance with plans and specifications prepared by AECOM and dated 11/8/12 for the sum of & �3r &'i r� S� Ic ££ (. F _ �,.r , {f -I� Jnd'r�c / G � Sa The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the Itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (!f applicable) 1, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. EXHtBtT E OF� ACCEPTANCE The above bid is accepted this day of , subject to the following conditions: Contracting Authority Members: PART It (For projects of $100, 000 or more — !C 36-1-12-4) Governmental Unit: City of Richmond Bidder (Firm) Summit Environmental Date (month, day, year): 1118112 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Amount Class of Work Completion Date Name and Address of Owner 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner E HIBITPAGE �F G 3. Have you ever failed to complete any work awarded to you? No. If so, where and why? 4. List references from private firms for which you have performed work. Bryant Griggs - Arcadis 317-231-6500 Jill Best - GES - 800.263-1545 x4365 David Mooney - General Cable - 765-664-2321 ext. 68118 SECTION Il PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid. ) Summit will initiate work activities by collection the require samples for the bench scale testing within 15 days of receiving a signed contract from the City of Richmond. Bench scale results and pilot test design will be submitted for review within 64 days of award, Upon approval of the Pilot test design, Summit will wordinate with the City of Richmond and AECOM to finalize the clay cap and pilot test schedules. It is anticipated that a pilot test report will be submitted for review during the 2nd quarter of 2013 with a full scale implementation goal of 3rd quarter 2013. 2. Please list the names and addresses of all subcontractors (i.e. persons orfirms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. NA EXHIBIT PAGE 0EQ 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project_ 1.) Regenesis - 812-923-7999 - Regenox Bench Test, Pilot Testing, Full Scale Implementation 2.) V ronex - 13050 W. 43rd (hive, Suite 100 Golden, CO 80403 - Bench Test, Pilot Test, Full Scale Implementation 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. 1.) Case 850 Dozer 2.) 84 Sheepsfoot Compactor 3.) Komatsu 300 Excavator 4.) Direct Push Drill Rig and Chemical/Grout Pump Injection and Support Trailer 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. Yes. SECTION Ill CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. EXHIBIT R PAGE OEQ SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at 12:00 PM this 8th day of November , 2012 Summit Environmental Services, LLC {Name of Organization) NJ By Andy Shoulders, Vice Presidnet {TIUe of Person signing) ACKNOWLEDGEMENT STATE OF Indiana } COUNTY OF Vanderburgh ss I Before me, a Notary Public, personally appeared the above -named Andy Shoulders and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this Z day of No van or , 1-()11- Notary Public My Commission Expires,_ _ 6 0' I Cl - I � ,, _1�, County of Residence: t11� r t \, 0tikiItt I)// do Q ; yoraertiur4 Ca4rger e�CP �9� 4ays28e$8 � � a sr+rrlaslo % O.rQ.1912 �� EXHIBIT PAGE _U_aF I U Part of Slate Form 52414 (R 19-10)1 Forth 95 (Revised 2010) BID OF Summit Environmental (cont-aatar) 2125 Glenview Drive (address) Evansville, Indiana 47720 FOR PUBLIC WORKS PROJECTS OF Former MGP Site Groundwater Remedlation Project Filed Action taken EXF EI PAGES OFF Schedule A - Cap Installation Bid Sheet Former Richmond MCP UNIT PRICE SCHEDULE, �y�_ '11Oi I x .,,rite rs .yam •� Zi�'2 `'.:>;=:�YG:'Y""i-� �ry ty}�i��4a iJ:Y..Vfv y •Y"'� _:���:��"_ c:�=F �:y �'I!:D} [,M }f•.e^r`S"..' ^._-...:.e '`+ G"4 r�.A�"-a...�.i:: rfi�.,,:•�.?�.�3%1��ki_:,;`�d"� •v\�I Mobilization &Site Preparation _. }� �L1 i S L•.:Y. S ,9` �y �.+,<F 0 �. 0 c5 ;i .y. -+e- _.: I y �,r'�i Q:�: 7JQ �y e D 2 3 Site Security (Fencing & Gates) Erosion & Storni ater !Control LF LF 9 o 0 550 400 3, 2 00 . o1D 4 Grubbing and Clearing SF �, �5� 10,000 g 'ft Vah • OD 5 Cap Material Purchase and Delivery Tons 1.00 4,600 ,414 f y oo . c3 G Cap Material Placement and Compaction Tons f q Q 4,600 $ 6 y (4 t7 . ` 7 Topsoil Purchase and Delivet'y Tons 7 p t3 1,500 2S, 500 ' a° STT111111 Plneernent and Compaction Tons 2 , %q 1,500 10 Re -Establishment of Vegetation SY 0, 65, 71500 -4 c x4 S- ° c 1 1 i Demobilization LS 2'C1 t $ ?., 9 IS-, Totalprica- -'hovel,. we 5; '�` dollars($ 1. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provid:d in the contract documents. Actual cinanti ties may vary from those stated above by in excess of thirty percent (30%) and contractor will not be allowed to adjust unit prices based on this variance in quantity. EXHIBiT PAS F t� Schedule A - Injections Bid Skeet Former Richmond MGP ' 1 Mobilization & Demobillzation 2 Direct Push Soil Sample Collection and Borehole 3 Groundwater Sample Collection 4 Groundwater Monitoring Well installation S Decontamination to be con feted between sample points and foIlo 6 Laboratory Beach Test ineludes laboratory report of sample anal ses ail 7 Final Repast Preparation Total Price -S'x 4&,,,o Ap,!4, Sur-1, cioliars ( ��, SFF�Z , 00 1. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the contract doaunaents. Actual quantities may vary from those stated above by in excess of thirEy percent (34r) and contractor will not bo allowed to adjust unit prices based on this variance in quantity. LSf�(�Zb 1I OZc7,nc; Abandonment LF 7 q 216 $ 5�, 1 Sq c� Each $ Sb 9 43'D , OD Each $1,Z60 4 siMo.afl Ving renal samn le correction Hour 150 i chemical oxidant testing) LS be us HSIK51 S'j5D•O' 1 $5-,5`80,00 IEXHIBITA_ PAGE SCHEDULE B LIST OF ADDENDA List all Addenda received, NO. TITLE hEa Pre -bid meeting sign in and Bench Test Labs 11 -1 -12 2. Response to Questions 11-5-12 is 3, Y. au Schedules Final Wage Determination 11-5-12 DATE 1011512012 EXHIBIT � PAGr= _ OFF --�--�- SCHEDULE C SCHEDULE OF MATERIALS (VARIATIONS AND SOURCES) 'V'AMTIONS (Bidder shall list any proposed vaa-iatious from the specified materials, subject to approval by Engineer): MATERIALS SOURCES (Bidder shall list sources ofthe following specified materials) Clay Cap Material: Wanye County Property Owner - Approximately 10 miles from project location Erosion control products: D2 Land and Water - Indianapolis, IN Temporary Fencing & Gates: National Construction Rentals - Dayton, OH Topsoil: EZ Transport Trucking - Indlanpolis, IN Seed, Fertilizer, and Amendments: Daylight Landscaping - Evansville, IN Other: Bid Schedules 1011 M012 EXHIBIT ar PAGE J_Q SCHEDULE C f SCHEDULE OF MATERIALS - (VARIATIONS AND SOURCES) VARIATIONS (Bidder shall list any proposed variations from the specified materials, subject to approval by Engineer): MATERIALS SOURCES (Bidder shall list sources of the following specified materials) Injection Material: Regenesis, Mronex, IsoTech Water Source for Mixing. City of Richmond Public Works Water Source for Decontamination: City of Richmond Public Works other: 81d Schedules 1011512012 EXHIBIT PAGE '�QF SCHEDULE D LIST OF SUB -CONTRACTORS Provide the name of each Sub -Contractor proposed for the Work, together with the amount payable to each Sub -Contractor. Work that will be carried out partly or entirely by Bidder's own form shall be indicated by "Own Forces". Should Bidder wish to separate the Work into two parts or more to be awarded to two or more Sub -Contractors, without conflicting with the requirements of the Specifications, such separation shall be indicated below. Bidder shall not be allowed to change any Sub - Contractor except with the prior consent of the )engineer. TYPE OF WORK 1.) Trucking 2.) Drilling 3. ) Bench Testing/Pilot Test 4. ) Bench Testing/Pilot Test NAME AND ADDRYSS "PROXIMATE VAL I& EZ Transport - 2803 South Shelby Street $30,000.00 Midway Drilling - Knightstown Indiana $10,000.00 Regenesis $2,500.00 Vironex - 13050 W. 43rd Drive, Suite 100 Golden, CO 80403 $45,000.00 VidSchedules 10l1$12012 EXHIBIT A— PAGE �OF� SCHEDULE E LIST OF EQUIPMENT On this form list all equipment that will be used in the performance of the Work. Such list shall show for each unit, the description of the unit, capacity, condition, age, present Iocation, the name of the owner of the equipment, and all-inclusive hourly rates excluding operator. Such equipment shad be subject to inspection by the Engineer to verify the stated information. The equipment rates provided on this schedule may be used as the basis for payment of any Time and Materials Work that is deemed necessary by the Engineer for completion of the Work. Hourly rates wi{f include all operating costs includuzg fuel. Operator costs should not be included. During the course of the project if additional equipment is required this fist will be revised and resubmitted to the Engineer. DESCR-WTION CAPACITY AGE LOCATION GiWNER HOUREYR.iTE 850 Case Dozer 75 HP Good 2005 Indianapolis Summit $75 Komatsu 300 80,O000LB Good 2005 Indianapolis Summit $105 M' Somag Compactor Good 2005 Richmond Cat Equip $55 Bid Schedules 10/1512012 EXHIBIT&_PAGE 114 OFIE SCHEDULE F CONSTRUCTION MILESTONES Bidder shall prepare an initial Progress Schedule, as described in the Specifications, showing all activities and dependent operations such as plant and equipment mobilization and taking into account the Milestones listed below. The Bidder's initial Progress Schedule shall be provided with the Bid proposal. Date Cap Installation Milestone NOTE: These are tentative dates and are subject to change l Pre -Bid Meeting October 18, 2012 2 Bids Due November S, 2012 3 Mobilization Spring 2013 S Demobilization Complete Fall 2013 Sample Collection and Analysis- Feb 2013 Bench Scale Test - March 2013 Pilot Test Implementation - June 2013 Soli Cap Implementation - July 2013 Full Scale ISCO Injection - August 2013 Final Site Grading 1 Hydroseed - October 2013 l BIC( Schedules 1011512012 1- FXHIBIT,8� SCHEDULE F CONSTRUCTION MILESTONES Bidder shall prepare an initial Progress Schedule, as described in the Specifications, showing all activities and dependent operations such as plant and equipment mobilization and taking into account the Milestones listed below. The Bidder's initial Progress Schedule shall be provided with the Bid proposal. Date )injection Milestone NOTE, These are tentative dates and are subject to change 1 Pre -Bid Meeting October 18, 2012 2 Bids Due November 8, 2012 3 Mobilization Winter 2013 S Demobilization Complete F2112013 Because Project Milestones are linked between Injection and Cap Implentation, Summit has provided an overal milestone list on the previous page. .. Bid Schedules 1011 b1 = l SCHEDULE G EXHlB T PAGE _[U OF LIST OF PERSONNEL List the names of the principal personnel who will be assigned to the Work, including the superintendent, their experience, and their hourly billing rate (not pay rate). List all categories of personnel and hourly rates for non - principal personnel. This information shall be for the use of the Engineer, and such personnel shall be subject to the approval of the Engineer and Owner. The labor rates provided maybe used as the basis for payment of arty Time and Materials Work that is deemed necessary by the Engineer for completion of the Work. NAME POSITION EXPERIENCE HOURLY RATE Adam Certain Manager 11 years $80 Frank Clark Superintendent 22 years $65 Larry Fox Operator 20+ years Per Wadge Determination Fred Williams Operator 15 years Per Wadge Determination Jeff M cK nney Superintentent 20+ years $65 Bid Schodules 10115/2012 EXHIBIT PAGE OF� FINAL WAGE DETERMINATION This is the final wage determination applicable to this project. For any questions concerning Davis Bacon Requirements please contact 8omer Stephens at 317-984-8639 I EXHIBIT _ _ PAGE OF General Decision Number: IN120006 10/26/2012 IN6 Superseded General Decision Number: IN20100006 State: Indiana Construction Types: Heavy and Highway Counties: Adams, Allen, Bartholomew, Benton, Blackford, Boone, Brown, Carroll, Cass, Clark, Clay, Clinton, Crawford, Daviess, Dearborn, Decatur, DeKalb, Delaware, Dubois, Elkhart, Fayette, Floyd, Fountain, Franklin, Fulton,, Gibson, Grant, Greene, Hamilton, Hancock, Harrison, Hendricks, Henry, Howard, Huntington, Jackson, Jasper, Jay, Jefferson, Jennings, Johnson, Knox, Kosciusko, Lagrange, Lawrence, Madison, Marion, Marshall, Martin, Miami, Monroe, Montgomery, Morgan, Newton, Noble, Ohio, Orange, Owen, Parke, Perry, Pike, Posey, Pulaski, Putnam, Randolph, Ripley, Rush, Scott, Shelby, Spencer., Starke, Steuben, Sullivan, Switzerland, Tippecanoe, Tipton, Union, Vanderburgh, Vermillion, Vigo, Wabash, Warren, Warrick, Washington, Wayne, Wells, White and Whitley Counties in Indiana. * EXCEPT LAKE, LAPORTE, PORTER AND ST. JOSEPH COUNTIES HEAVY AND HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/0-6/2012 1 01/13/2012 2 01/27/2,012 3 02/03/2012 4 02/17/2012 5 02/24/2012 6 03/02/2012 7 03/23/2012 8 03/30/2012 9 04/06/2012 10 04/13/2012 11 04/27/2012 12 05/11/2012 13 05/18/2012 14 D6/01/2012 15 06/08/2012 16 06/15/2012 17 06/22/2012 18 06/29/2012 19 07/06/2012 20 07/13/2012 21 07/Z0/2012 22 07/27/2012 23 .08/03/2012 24 08/10/2-012 25 08/11/2.012 26 09/2412012 27 08/31/2012 28 09728/2012 29 10/26/2012 ASBE0008--004 07/01/2012 http://www.wdol.gov/wdol/Sr,afiles/davisbaconAN6.dvb?v=29 Page 1 of 38 10131/2012 I E � EXHIBIT PAGE ' D OF, & Page 2 of 38 DEARBORN, FAYETTE, FRANKLIN, OHIO, RIPLEY SWIT'ZERLAND AND UNION COUNTIES Rates Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of mechanical systems).....$ 28.50 HAZARDOUS MATERIAL HANDLER (Includes preparation., wettings, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ..............$ 23.75 ASBE0018-004 06/01/2011 Fringes 13.22 11.20 ----------------------- BARTHOLOMEW, BENTON, BOONE, C"ARROLL, CLINTON, DELAWARE, FOUNTAIN, HAMILTON, HANCOCK, HENDRIC5S, HOWARD, JOHNSON, MADISON, MARION, MONROE, MONTGOMERY, MORGAN, SHELBY, T'IPPECANOE, TIPTON, AND WARREN COUNTIES": Rates Fringes ASBESTOS WORKER/BEAT & FROST INSULATOR (includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) ..............$ 31.23 14.60 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ......... $ 18.75 9.70 ASBE0037-004 04/01/2012 DAVIESS, DUBO"IS, GIBSON, KNOX, MARTIN, PIKE, POSEY, SPENCER, SULLIVAN, VANDERBURGH AND WARRICK COUNTIES Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (includes application of all .insulating materials protective http://www.wdol.,gov/wdol/scaMes/davisbaconlIN6.dvb?v--29 10131/2012 EXi-i�B1T PAGE OF; Page 3 of 38 coverings, coatings an finishes to all types of mechanical systems. Also the application of firestopping, material openings and penetrations in walls, floors, ceilings, curtain walls and all lead abatement.) ... $ 29.45 15.21 HAZARDOUS MATERIAL HANDLER (includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ......... $ 19.35 10.35 * ASBE0041-002 07/01/2012 ADAMS, ALLEN, BLA,CKFORD, DE.KALn, GRANT, HUNTINGTON, JAY, MIAMI, NOBLE, STEUBEN, WABASH, WELLS AND WHITLEY COUNTIES: Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) ..............$ 29.73 12.93 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vaccuming, ,bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ..............$ 21.15 12.20 ASB'E0051-003 04/01/2012 CLARKE, FLOYD, HARRISON and 7ENNINGS COUNTIES, Rates ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings and. €inishings to all types of mechanical systems) ..............$ 24.67 HAZARDOUS MATERIAL HANDLER (includes preparation, ,wettings, stripping, removal, scrapping, vaccuming, bagging & disposing of all insulation materials, whether they Fringes 11.08 hq:/lwww.wdol.gov/wdol/scafi[es/davisbacoz4T6.dvb?v=29 10/31/2012 EXHIBIT PAGE D _ contain asbestos or not, from mechanical systems) ..............$ 19.35 10.35 ------------------------------.._----------------------------_----- ASEE0079-002 07/01/2008 RANDOLPH AUD WAYNE COUNTIES Rates Fringes ASBZSTOS WORKER/HEAT & FROST INSULATOR (Includes application, of all insulating materials, protective Coverings, coatings & finishings to all types of mechanical systems) ..............$ 22.25 8.89 HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal, scrapping, vacuuming,. bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems)) .............$ 22,60 9.40 BRIN0003-001 06/01/2012 INDIANAPOLIS BOONE, HANCOCK, HENDRICKS, JOHNSON, MARION, MONTGOMERY, MORGAN and SHELBY -COUNTIES Rates Fringes Bricklayer, Stone Mason, Pointer, Caulking ..... ........... $ 29.75 10.23 TERRAZZO FINISHER ................. $ 18.96 6.30 TERRAZZO WORKER/SETTER ........... $ 29.58 9.93 Tile & Marble Finisher ........... $ 19.83 6.32 Tile, Marble Setter .............. $ 28.99 9.83 BRIN0004-004 06/01/2012 FORT WAYNE ADAMS, ALLEN, DEKALB, HUNTINGTON, NOBLE, STEUBEN, WELLS AND WHITLEY COUNTIES; Rates Fringes BRICKLAYER (STONE MASON, MARBLE MASONS, POINTER, CLEANER, AND CAULKER) ............ $ 28.06 11.88 Terrazzo Grinder Finisher ........ $ 24.01 8.45 Terrazzo Worker Mechanic ......... $ 28.52 10.35 Tile Setter. & Marble Mason Mechanic....._ ...................$ 25.61 10.35 Tale, Marble & Terrazzo Finisher .........................$ ---------------------------------------------------------------- 2G.84 8.45 Page 4 of 3 8 http://www.wdol.gov/wdol/scatiles/davisbacon/IN6.dvb?�--29 10/31/2012 EXHIBIT PACE(p F Page 5 of 38 l BRIN0004-009 06/01/2012 BARTHOLOMEW, BROWN, DEARBORN, DECATUR, JENNINGS, MONROE, OHIO, OWENS, RIPLEY and SWITZERLAND COUNTIES Rates Fringes Bricklayer, Stonemason ........... $ 27.20 9.95 TERRAZZO FINISHER ................$ 18.96 6.30 TERRAZZO WORKER/SLITTER........... $ 29.58 9.93 Tile & Marble Finisher ........... $ 19.83 6.32 Tile, Marble Setter ..............$ 28.99 9F.63 13RIN0004-010 06/01/2012 Rates Fringes BRICKLAYER CLARK, FLOYD, & HARRISON COUNTIES BRICKLAYERS,. STONEMASONS AND CEMENT MASONS .......... $ 24.11 10.07 TILE, MARBLE AND TERRAZZO WORKERS ........ ............ $ 22.64 6.05 POSEY, VANDERBURGH AND WARRIGK COUNTIES BRICKLAYERS, MASONS ........ $ 28.47 12.89 TILE, MARBLE AND TERRAZZO WORKERS ....................$ 23.72 8.71 ---------------------------------------------------------------- BRIN0004-015 06/01/2012 TERRE HAUTE CLAY, DAVIESS, GIBSON, GREENE, KNOX, MARTIN, PARKE, PIKE, PUTNAM, SULLIVAN, VERMILLION and VIGO COUNTIES Rates Fringes BRICKLAYER BRICKLAYERS, STONE MASONS and POINTER/ CLEANER/CAULKER............. $ 29.40 10.95 CEMENT MASON (GREENE and SULLIVAN COUNTIES) .......... $ 27.05 10.95 CEMENT MASON (REMAINING COUNTIES) ..................$ 27.30 10.85 TERRAZZO FINISHERS ........... $ 18.96 6..30 TERRAZZO WORKER .............$ 29.58 9.93 TILE AND MARBLE FINISHERS....$ 19.83 6.32 TILE LAYER,MARBLE MASON, MOSAIC WORKER ................. $ 2-8.99 9.93 ---------------------------------------------------------------- BRIN0004-016 06/01/2012 MUNC I E BLACKFORD, DELAWARE, FAYETTE, FRANKLIN, HAMILTON, HENRY, ,TAY, MADISON, RANDOLPH, RUSH, TIPTON, UNION and WAYNE COUNTIES http://wvvw.wdol.gov/wdoi/scaf 1es/davisbacon/IN6.dvb?v=29 10/31/2012 le EXHIBIT PAGE �,i)�� Page 6 of 38 y Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner ....... $ 28.05 12.34 TERRAZZO FINISHER .......... .....$ 18.96 6.30 TERRAZZO WORKER/SETTER ........... $ 29.58 9.93 Tile & Marble Finisher .......... A 19.83 6.32 Tile & Marble Setter; Mosaic Worker ...........................$ 28.99 9.83 ._ ------------------------------------------------ BRINDOO.S-001 03/06/2012 MERRILLVILLE JASPER, NEWTON & STARKE COUNTIES Rates Fringes Bricklayer, Stone Mason, Marble Mason, Terrazzo Worker, Tile Layer, Pointer, Cle ..............................$ 35.87 19.55 Tile, Marble & Terrazzo Worker ... $ 35.87 19.55 BRIN0011-001 06/01/2012 LAFAYETTE BENTON, CARROLL, CLINTON, FOUNTAIN, TIPPECANOE, WARREN and WHITE COUNTIES Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner ....... $ 27.00 13.19 TERRAZZO FINISHER ................ $ 18.96 6.30 TERRAZZO WORKER/SETTER ........... $ 29.58 9.93 Tile & Marble Finisher ........... $ 19.83 6.32 Tile & Marble Setter; Mosaic Worker ...........................$ 28.99 9.83 ---------------------------------------------------------------- MNO-018--002 06/01/2012 CASS, ELKHART, FULTOId, GRANT, HOWARD, KOSCUISKO, LAGRANGE, MARSRALL, MIAMr, PULASKI, WABASH Rates Fringes Bricklayer, Caulker, Cleaner, Pointer ..........................$ 27.61 12.14 ---------------------------------------------------------------- CARP0107-010 C14/01/2010 ADAMS, CASS, ELKHART, FULTON, GRANT, HOWARD, HUNTINGTON, KOSCIUSKO, MARSHALL, MIAMI, TIPTON, WABASH AND WELLS COUNTIES: Rates Fringes http://wwvv.wdol.govlwdol/sca£des/davisbacon/IN6.dvb?v=29 10/31/2012 Page 7 of 38 CARPENTER ........................$ 24.53 12.94 ---------------------------------------------------------------- CARP0108-002 06/01/2012 BENTON, CARROLL, CLINTON, PULASKI, TIPPECANOE, WARREN AND WHITE COUNTIES Rates Fringes CARPENTER ........................$ 26.56 15.95 ---------------------------------------------------------------- CARP0109-002 04/01/2012 DAVIESS, "GIBSON, GREENE, KNOB, LAWRENCE, MARTIN, ORANGE AND SULLIVAN COUNTIES: Rates Fringes CARPENTER ........................$ 23.93 15.78 ---------------------------------------------------------------- CARP0111--002.04/01/2012 BOONE, CLAY, FOUNTAIN, HAMILTON, HANCOCK, HENDRICKS, JOHNSON (Townships of Clark, Camp Atterbury north of Hospital Road, Pleasant, White River), MONROE, MONTGOMERY, MORGAN, OWEN, PARKE, PUTNAM, VERMILLION AND VIGO COUNTIES Rates Fringes CARPENTER..... ...................$ 24.76 15.21 ---------------------------------------------------------------- CARP0111-003 04/01/2012 BARTHOLOMEW, BROWN,(Camp Atterbury south of Hospital Road), DECATUR, FRANKLIN, JOHNSON (Townships of Blue River, Franklin, Hensley, Needham, Nineveh, Union) , RUSH AND SHELBY COUNTIES Rates Fringes CARPENTER ........................$ 24.32. 15.21 CARP0111-004 04/01/2012 MRRION COUNTY Rates Fringes CARPENTER ......... ................$ 25.87 15.21 ---------------------------------------------------------------- CARP0111-005 04/01/2012 BLACKFORD, DELAWARE, FAYETTE, HENRY, JAy, MADISON, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes hitp://www.wdol.gov/wdol/sr,afiles/davisbaoonffN6.dvb?v=29 10131/2012 C HiBiT� .PAGE -..��0� Page 8 of 38 S CARPENTER ........................$ 24.62 15.21 ---------------------------------------------------------------- CARP0232-003 04/01/2012 ALLEN, DEKALB, LAGRANGE, NOBLE, STEUBEN and WHITLEY COUNTIES Rates Fringes CARPENTER ........................$ 24.70 14.57 ---------------------------------------------------------------- CARP0999-001 06/01/2012 JASPER, NEWTON AND STARKE COUNTIES 'Rates Fringes CARPENTER ..........35.42 23.70 -CARP0999--002 04/01/2012 CRAWFORD, DUBOIS, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH AND WARRICK COUNTIES: Rates Fringes CARPENTER ........................$ 23.60 15.71 ---------------------------------------------------------------- CARP0999-004 04/01/2012 DEARBORN, JACKSON, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes CARPENTER ........................$ 24.12 15.19 ---------------------------------------------------------------- CARP0999-005 04/01/2012 CLARET, FLOYD, HARRISON, JEFFERSON,SCOTT AND WASHINGTON COUNTIES Rates Fringes CARPENTER ... ....................$ 23.47 15.84 ---------------------------------------------------------------- CARP1031-012 06/01/2011 C',ARK, FLOYD, HARRISION AND WASHINGTON COUNTIES Rates Fringes MILLWRIGHT .......................$ 24.65 17.57 *~ELEC001Z-003 04/01/2012 CRAWFORD, DAVIESS, DUBOIS, GIBSON, LAWRENCE, MARTIN, ORANGE, PERRY, PIKE, POSEY, SPENCER, 'VANDERBURGH, WARRICK hq://www.wdol.govtwdol/scafiles/davisbarondN6.dvb?v=29 10/31/2012 . _ . .. EXHIBIT PAGE . Q- i --- - Page 9 of 38 'f i Rates Fringes a ELECTRICIAN ......................$ 39.13 13.81 _-___--------------------------_---_-----------_-------- ELECO071-006 01/16/2012 DEARBORN, OHIO, and SWTIZERLAND COUNTIES Rates Fringes Line Construction: Equipment Operator .......... ,$ 29.03 10.65 Groundman................... $ 20.96 9.40 Lineman & Cable Splicers .... $ 32.25 11.77 ---------------- W----------------------- -------------------------- ELMC0153-003 03/01/2012 i ELKHART, KOS.CIUSKO and MARSHALL COUNTIES Rates Fringes Communication Technician ......... $ 24.58 12.05 ELECTRICIAN........_ ..............$ 30.25 17.81 Includes the installation, operation, inspection, modification, maintenance and repair of systems used for the transmission and reception of signals of any nature, � for any purpose, including but not limited to , sound and voice transmission/transference systems, communication systems that transmit or receive information and /or control systems, television and video systems, micre-processor controlled fire alarm systems, and security j systems and the performance of any task directly related to such installation or service. The scope of work shall i exclude the installation of electrical power wiring and the installation of conduit raceways exceeding fifteen (15) :I feet in length, ---------------------------------------------------------------- ELECO212-009 05/28/2012 DEAR80RN, DHZO, and Si'QITZERLAND COUNTIES l` I ` Rates Fringes j ELECTRICIAN. ......................$ 26.11 15.42 i - ELEC0305-003 01/01/2012 - _ i ADAMS, ALLEN, DE KALB, FiUNTINGTON, NOBLE, STEUBEN, WELLS, and WHITLEY COUNTIES Rates Fringes ELECTRICIAN ......................0 29.96 13.56 ---------------------.._--_----------- --_-_---------------------------- ELEC0369-005 05130/2.012 CLARK, FLOYD, and HARRISON COUNTIES htip,//www.w.dol.gov/wdoUscafiies/davisbaeon/N6.dvb?v=29 10/31/2012 EXHIBIT PAGE _ ' 0 Page 10 of 38 Rates Fringes ELECTRICIAN ......................$ 29.32 13.78 Line Construction: Groundman...................$ la.8-3 6.35 Lineman; Equipment Operator.$ 22.25 6.36 --------------------------------------------------------------- ELEC0481-003 01/01/20-09 BARTHOLOMEW, BOONE, DECATUR, HAMILTON, HANCOCK, HENDRICKS, JENNINGS, JOHNSON, MADISON, MARION, MONTGOMERY, MORGAN, PUTNAM, RIPLEY, RUSH AND SHELBY COUNTIES Rates Fringes ELECTRICIAN ......................$ 31.45 14.74 ---------------------------------------------------------------- ELEC0668-002 06/01/2012 BENTON, CARROLL, CASS, FULTON, TIPPECANOE and WHITE COUNTIES Rates Fringes ELECTRICIAN ......................$ 30.90 14.99 FOOTNOTE: a. PAID HOLIDAYS: New Years Day, Memorial Day, July 4th, Labor Day, Veterans Day Thanksgiving Day and Christmas Day -ELEC0702-003 07/02/2012 DUBOIS., GIBSON, PERRY, PIKE, POSEY, SPENCER AND VANDERBURGH COUNTIES Rates Fringes Line Construction: GROUNDMAN, Class A .......... $ 23.79 12.66 GROUNDMAN--EQUIPMENT OPERATOR (All other equipment) ..................$ 30.16 14.51 HEAVY -EQUIPMENT OPERATOR (All crawler type equipment D-4 and larger)...$ 34.40 15.74 LINEMAN .....................$ 41.91 17.91 ---------------------------------------------------------------- ELEC0725-003 01/01/2011 CLAY, GREENE, OWEN, PARKE, SULLIVAN AND VIGO COUNTIES Elates Fringes ELECTRICIAN ......................$ 33.15 23% $5.64 ELEC0725-DO7 09/01/1999 CLAY, GREENE, OWEN, PAHKE, SULLIVAN AND VIGO COUNTIES hop/www.wdol.gov/wdol/scafiles/davisbaconlN6.dvb?v--29 10/31/201.2 [EXHIBIT PAGE Rates Fringes Communication Technician ......... $ 18.70 3.80+3% Includes the installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound and vision production and reproduction apparatus, equipment and appliances used for domestic, commercial, education, entertainment and private telephone systems. ---------------------------------------------------------------- ELECO855-001 06/01/2012 FAYETTE, FRANKLIN, HENRY, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes ELECTRICIAN ......... ............. $ 32.37 12.24 ---------------------------------------------------------------- ELECO873-002 03/01/2012 CLINTON, GRANT, HOWARD, MIAMI, TIPTON AND WABASH COUNTIES: Rates Fringes ELECTRICIAN ......................$ 32.03 11.75 ---------------------------------------------------------------- ELEC1393-001 12/06/2010 REMAINING COUNTIES Rates Fringes Line Construction: EQUIPMENT OPERATOR (Backhoes over 1/2 yard bucket capacity, cranes rated at 15 ton or more capacity) 95% J.L. rate.....$ 32.00 4.75+27.75% GROUNDLAN TRUCK DRIVER ...... $ 21.51 4.75+27,75% GROUNDMAN, EQUIPMENT OPERATOR: Diggers, 5th wheel type trucks, crawler type, D-4 and smaller, bucket trucks and live boom type Line trucks ....... $ 24.67 4.75+27.75% GROUNDMAN...................$ 18.69 4.75+27.75% LINEMAN .....................$ 32.00 4.75+2-7.75% ---------------------------------------------------------------- ELFC1393-002 12/06/2010 NEWTON COUNTY Rates Fringes Line Construction: EQUIPMENT OPERATOR (Backhoes over 1/2 yard bucket capacity, cranes Page 11 of 38 http://www.wdol.gov/wdollseafiles/davisbacon/IN6.dvb?v=29 10/31/2012 EXHIBIT PAGE (Jk-.Q rated at 15 ton or more capacity) 95% J.L. rate.....$ 32.00 4.75+27.75% GROUNDMAN TRUCK DRIVER ...... $ 21.51 4.75+27.75% GROUNDMAN, EQUIPMENT OPERATOR: Diggers, 5th wheel type trucks, crawler type, D--4 and smaller, bucket trucks and live boom type line trucks ....... $ 24.67 4.75+27.75% GROUNDMAN.......... ......... $ 18.69 4.75+27.75% LINEMAN .....................$ 32.00 4-75+27.751 ---------------------------------------------------------------- ENGIO103--003 04/01/2012 INCLUDING UNDERGROUND AND UTILITY CONSTRUCTION REMAINING COUNITES Rates Fringes Power equipment operators: GROUP 1.....................$ 30.25 14.40 GROUP 2.....................$ 28.53 14.40 GROUP 3.....................$ 27.61 14.40 GROUP 4.....................$ 26.11 14.40 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Air compressors in manifold with throttle valve; Asphalt plant engineer; Auto grade or similar type machine; Auto patrol; Backhoe or farm -type tractor, 45 hp and over; Ballast regulator (RR); Bituminous mixer; Bituminous paver; Bituminous plant engineer; Bulldozer; Caisson drilling machine; Cherry picker, 15 ton or over; Chip spreader; Concrete mixer 21 cu. ft. or over; Core drilling machine; Crane or derrick with any attachment (including clamshell, dragline, shovel, Backhoe, etc.); Dredge engineer; Dredge operator; Drilling machine on which the drill is an integral part; Earth mover, rubber -tired (paddle wheel, 616, 631, TS-24 or similar type); Earth mover, rubber -tired, tandem ($0.50 per hour additional for each bowl); Elevating grader; Fork lift, 10 ton or over; P.C.C. formless paver post driver; Highlift shovel, 1 1/2 cu. yd. or over; Hoist, 2-drums and over; Helicopter, crew; Hydraulic boom truck; keystone, skimmer scoop; Loader, self-propelled (belt, chain, wheel).; Locomotive operator; Mechanic, Mucking machine; Panel board concrete plant, central mix type; Paver, Hetherington; Pile driver, skid or crawler; Road paving mixer; Rock breaking plant; Rock crushing plant, portable; Roller '(asphalt, waterbound macadam, bituminous macadam, brick surface); Roller with dozer blade; hoot rake, tractor --mounted; Self-propelled widener; Stump remover, tractor -mounted; Surface heater and planer; Tandem push tractor ($0.50 per hour additional.); Tractor, boom; Winch or hoe head; Tractor, push; Tractor with scoop; Tractor -mounted spreader; Tree mover; Trench machine, over 24"; Tug boat operator; Well drilling machine; Winch truck with A -frame GROUP 2: Aar compressor with throttle valve or clever Page 12 of 38 http://www.wdol.gov/wdol/scafiles/`davisbaconlIM6.dvb?v=29- 10/31/2012 FXHIBIT�2 PAGE -Ut- ,jjj Page 13 of 38 brooks -type combination; Backfiller; Backhoe on farm -type tractor, under 45 hp; Bull float; Cherry picker under 15 ton; Chip spreader, self --propelled; Concrete pump; Concrete mesh depressor, independently operated; Concrete spreader, power -driven; End loader under 1/2 cu. yd.; Excavating loader, portable; Finishing machine and 'bull float; Gunite machine; Head greaser; Mesh or steel placer; Multiple tamping machine (RR); P.C.C. concrete belt placer; Pull grader, power control; Refrigerating machine, freezing operation; Ross carrier; Sheepfoot roller (self-propelled); Tamper (multiple vibrating, asphalt, waterbound macadam, bituminous macadam, brick surface); Trench machine, 24" and under; Tube float; Welder GROUP 3: Assistant plant engineer; Base paver (lersey or similar type machine); Concrete finishing machine; Concrete mixer, less than 21 cu. ft.; Curb machine; Farm tractor, including farm tractor with all attachments except backhoe and including high lift end loadere of 1 cu. yd. capacity or Less; Fire tender on boiler; Hoist, 1 drum; Operator, 5 pieces of .minor equipment; Paving breaker; Power broom, self-propelled; Roller, earth and sub -base material; Slurry seal machine; Spike machine (RR); Tamper (multiple vibrating, earth and sub -base material); Throttle valve and fire tender combination on horizontal or upright boiler; Tractaire with drill; Tractor, 50 h.p. or over; Well point system; Widener, APSCO or similar type GROUP 4: Air compressor; Assistant to engineer, oiler; Automatic dry batch plant; Bituminous distributor; Bituminous patching tamper; Belt spreader; Broom and belt machine; Chair cart, self-propelled; Coleman -type screen; Conveyor, portable; Digger post hole, power -driven; Fork lift, under 10 ton; Form grader; Form tamper, motor -driven; Generator; Hetherington driver; Hydra seeder; Operator, 1 through 4 pieces of minor equipment; Outboard or inboard motor boat; Power curing spraying machine; Power saw, concrete, power -driven; Pug mill; Pull broom, power -type; Seaman tiller; Straw blower or brush mulcher; striping machine paint, motor -driven; Sub grader; Tractaire, Eractor, below 50 h.p.; Truck crane oiler, driver; Spreader; Water pump; Melding machine, 2 of 300 amps or over ------------------------------------------------------------- ENG10150-009 04/01/2012 HEAVY, HIGHWAY AND RAILROAD CONSTRUCTION ELKHART, FULTON, JASPER, KOSCIUSKO, LAGRANGE, MARSHALL, NEWTON, NOBLE., PULASKI, and STARKS COUNTIES Rates Fringes Power equipment operators: GROUP 1.....................4 28.60 20.10 GROUP 2.....................$ 27.00 20.10 GROUP 3.....................$ 25.70 20.10 GROUP 4.....................$ 24.30 20.10 -GROUP 5.....................$ 21.05 20.10 http://Svc+ww.wdol.gov/wdol/scaffles/daAsbacon/IN6.dvb?v--29 10/31/2012 kk1BIT WAGE 0F POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Air compressors in manifold with throttle valve; Asphalt plant engineer; Auto grade or similar type machine; Auto patrol; Automatic Sub -Grade; Backhoe or farm type tractor, 45 hp and over; Ballast regulator (RR); Barrier Wall Machine; Batch Plants (Concrete & Asphalt); B ituminous mixer; Bituminous paver; Bituminous plant engineer; Boring Machine; Bulldozer; Caisson drilling machine; Cherry picker, 15 ton or over; Chip spreader; Concrete mixer, 21 cu. ft. or over; Concrete Balt•Piacer; Concrete Pager; Concrete Pump (Truck Mounted); Concrete Saw (track mounted); Concrete Spreader (power driven); Core drilling machine; Crane or derrick with any attachment (including clamshell, dragline, shovel, backhoe, etc.); Curb Machine; Gutter Machine; Dredge engineer; Dredge operator; Drilling machine on which the drill is an integral part; Earthmover, rubber -tired (paddle wheel, 616, 631, TS-24 or similar type); Earthmover, rubber -tired, tandem (.50 per hr. additional for each bowl); Elevating Grader; Forklift (10 ton or over); P.C.C. Formless Paver; Gradall; Gravel. Processing Plant (portable); Operator of Guard Rail Post Driver; Highlift Shovel 1-1/2 cu.yd. or over) Prame; Hoist (2 drum. & over); Helicopter crew, Hydraulic boom truck; Hydraulic Excavator; Loaded -Self propelled (belt chain wheel); Laser Screed; Locomotive operator; Mechanic; Mucking machine; P.C.C. Concrete Belt Placer; Panel board concrete plant (central mix type); Paver (Hetherington); Pavement Breaker; Pile driver, skid or crawler; Road paving mixer; Rock breaking plant; Rock crushing plant (portable); Roller (asphalt, waterbound macadam, bituminous macadam, brick surface); Roller with dozer blade; Goad Widener; Root rake (tractor -mounted); Roto Mill Grinder; Self-propelled widener; Stump remover; surface heater and planer; Tandem push tractor ($0.50 per hour additional); Tractor, boom; Winch or hoe head; Tractor (push); Tractor with scoop; Tractor -mounted .spreader; Tree mover; Trench machine, over 24"; Tug boat operator; Well drilling machine; Widener (Apsco or similar type); Winch truck with A -frame GROUP 2: Air compressor with throttle valve or Clever Brooks type combination; Backfiller; Farm type tractor (under 45 H.P.); Cherry picker under 15 ton; Chip spreader (self-propelled); Concrete pump (trailer type); Concrete mesh depressor, independently operated; End loader under 1 1/2 cu. yd.; Excavating loader (portable); Finishing machine and bull float; Gunite machine; Hydraulic Power unit; Head greaser; Mesh or steel placer; Multiple tamping backhoe on machine (RR); Bull float (bidwell Machine); Refrigerating machine -operation; Ross Carrier; Sheepfoot roller (self-propelled); Tamper -Multiple Vibrating (Asphalt, Waterbound, Macadam, Bituminous Macadam, Brick surface); Trench machine (24" and under); Tube float; Water Pull/Wagon; Welder GROUP 3: Plant engineer; Base paver (Jersey or similar type machine); Concrete finishing machine; Concrete mixer, less than 21 cu. ft.; Curb machine; Farm tractor, including farm tractor with all attachments except backhoe and including Page 14 of 38 r http://vrww.wdol.goy/wdol/seaf les/davisbaoon/IN6.dvb?v 29 10/31/2012 EKHI�IT PAG OF w Page 15 of 38 �r high lift end loaders of 1 cu. yd. capacity or less; Fireman, on boiler; Hoist, 1 drum; Operator, 3-5 pieces of minor equipment; Paving breaker; Power broom, self-propelled; Roller, earth and subbase material; Power Saw -Concrete (Power Driven); Slurry seal machine; Spike machine (RR); Sub -surface Material Distributor; Tamper (multiple vibrating, earth and sub -base material), Throttle valve; Throttle Valve and fireman combination on horizontal or upright boiler; Tractaire with drill; Well Point GROUP 4: Air compressor; Assistant to engineer, oiler; Bituminous patching tamper; Belt spreader; Broom and belt machine; Chair cart, self --propelled; Coleman -type screen; Conveyor, portable; Deck -hand Digger post hole, power -driven; Forklift, under 10 ton.; Form grader; Form tamper, motor -driven; Generator; Hetherington driver; Hydra seeder; Mechanic heater; Operator, 2 pieces of minor equipment; Outboard or inboard motor boat; Power curing spraying machine; Pug mill; Pull broom, power type; Seaman tiller; Skid steer loader over 3/4 cu. yd.; Straw blower or brush mulcher; Striping machine paint, motor -driven; Sub -grader; Tractaire; Tractor, below 50 h.p.; Truck crane oiler; Spreader; Water pump GROUP 5: Skid steer loader under 3/4 cu. yds ENG10150-039 06/01/2012 UNDERGROUND & UTILITY CONSTRUCTION. JASPER, NEWTON, PULASKI AND STARKE COUNTIES: Rates Fringes Power equipment operators: GROUP 1.....................$ 38.45 24.93 GROUP 2.....................$ 37.65 24.93 GROUP 3.....................$ 33.35 24.93 GROUP 4.....................$ 31.15 24.93 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Mechanic; Asphalt plant.; Autograde; Batch plant; Benoto (requires 2 engineers); Boiler and throttle valve; Boring machine (mining machine); Caisson rigs; Central Redi-mix plant; Combination backhoe--endloader with backhoe bucket .over 1/2 cu. yd.;, Combination tugger hoist and air compressor; Compressor and throttle; Concrete breaker (truck -mounted); Concrete conveyor; Concrete paver over 27E cu, ft.; Concrete paver 27E cu. ft. and under; Concrete pump with boom (truck -mounted); Concrete tower; Cranes and backhoes, all attachments; Cranes, Hammerhead tower; Creter cranes; Derricks, all; Derricks, traveling; Forklift, lull type; Forklift, 10 ton and over; Hoists, 1, 2 and 3 drum; Hoist, 2 tugger -- one floor; Hydraulic boom truck; Locomotives, all; Motor patrol; Mucking machine; ,Pile driving and skid rig; Pit machines; Pre -stress machines; Pumperete and similar types; Rock drill, self --propelled; Rock drill, truck -mounted; Slip form paver; Straddle buggies; Tractor with boom and side boom; Trenching h4:/Jwww.wdol.gov/wdol/scafiles/davisbacon/IN6.dvb?v=29 10/31/2012 - - _ EMBIT -PAGE Page 16 o€38 machine; Winch tractors GROUP 2: Asphalt spreader; Boilers; Bulldozers; Combination backhoe-endloader with backhoe bucket 1/2 cu. yd, and under; Engineer acting as conductor in charge of crew; Grader, elevating; Greaser engineer; Grouting machines; Highlift shovels or front endloader; Hoists, automatic; Corboy drilling machines; Hoists, all elevators; Hoists, tugger, single drums; Post hole digger; Roller, all; Scoops, tractor -drawn; Stone crushers; Tournapull; Winch trucks GROUP 3: Concrete mixer (2 bag and over); Conveyor, portable; Steam generators; Tractor, farm and similar type; Air compressor, small, 150 and under, 1 to 5 not to exceed a total of 300 ft.; Air compressor, large, over 150; Combination, small equipment operator; Forklift, under 10 ton; Generator; Pump, 1 to 3 not to exceed a total of 325 ft.; Pumps; Well points; Welding machines (2 through 5); Winches, 4 electric drill winches GROUP 4: Heater, mechanical (1 to 5.), Oilers; Switchmen ---------------------------------------------------------------- ENG10181-014 04/01/2012 HEAVY AND HIGHWAY CONSTRUCTION-. BARTHOLOMEW, BROWN, CLARK, CRAWFORD, DEARBORN, DECATUR, DUBOIS, FLOYD, FRANKLIN, GIBSON, HARRISON, JACKSON, JEFFERSON, JENNINGS, LAWRENCE, MARTIN, OHIO, ORANGE, PERRY, PIKE, POSEY, RIPLEY, SCOTT, SPENCER, SWITZERLAND, VANDERBURGH, WARRICK, and WASHINGTON COUNTIES Rates Fringes Power equipment operators: GROUP A .....................$ 2-9.70 13.00 GROUP B.....................$ 27.05 13.00 GROUP C.....................$ 24.92 13.00 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP A: Air compressor in manifold with throttle valve; Asphalt plant engineer; Auto grade or similar type machine; Bituminous mixer; Bituminous paver; Bituminous plant engineer; Bulldozer; Caisson drilling machine; Cherry picker, all; Ballast regulator (RR); Chip spreader, self-propelled; Cold grinder or similar type equipment; Concrete mixer, 21 cu. ft. or over; Concrete pump, truck --mounted; Core drilling machine; Crane or derrick with any attachment (including clamshell, dragline, shovel, backhoe, etc.); Dredge operator; Drilling machine on which the drill is an integral part; Earth mover, rubber -tired, tandem 0.50 per hour additional; Elevating grader; Endloader, Hi-- lift shovel; P.C.C. formless paver; Gradall; Gravel processing plant, portable; Guardrail, post driver operator; Head greaser; Hi -lift shovel, endloader; Hoist (2 drums and over); Helicopter crew; Hydraulic boom truck, Keystone, Skimmer Scoop; Loader, self-propelled (belt, hap://www.wdol.gov/wdol/scafiles/davisbacon/lN6.dvb?v=29 1.0/3112012 EXHIBIT PAGE OF Page 17 of 38 chain wheel); Locomotive operator; Mechanic; Mucking machine; Matti -bank drill operator; Panel board concrete plant, central mix type; Paver, Hetherington; Pile driver, skid or crawler; Road paving ;nixes; Rock breaking plant; Rock crushing plant, portable; Roller (asphalt, waterbound, macadam., bituminous macadam, brick surface); Roller, with dozer blade; Root rake, tractor -mounted; Stump remover, tractor- mounted; Surface heater and planer; Tandem push tractor, $0.50 per hour additional; Tractor, boom winch or hoe head; Tractor, push; Tractor with scoop; Tractor -mounted spreader; Tree mover; Trench machine, over 24"; Tug boat operator; Welder; Well drilling machine; Self-propelled widener. GROUP B. Air compressor with throttle valve or clever brooks -type combination; Backfiller, base paver, Jersey or similar type machine; Bull float; Concrete finishing machine; Concrete mesh depressor, independently operated; Concrete spreader, power- driven; Dredge engineer; Excavator loader, portable; Fire tender on boiler; Forklift, regardless of ton; Hoists, 1 drum; Mesh or steel placer; minor equipment operator., 5 pieces; Multiple tamping machine JRR), P.C.C. concrete placer; Paving breaker; Power broom, self-propelled; Pull grader, power -controlled; Refrigerating machine, freezing operation; Roller, earth and sub- base material; Ross carrier (Straddle buggy); Sheepfoot roller, .self-propelled without blade; Tamper, multiple\vibrating (asphalt, waterbound macadam, bituminous macadam, brick surface); 'tamper, multiple vibrating (earth and sub -base material); Trench machine, 24" and under; Tube float; Well point system; Widener, Apsco or similar type; Winch truck with A -frame. GROUP C: Air compressor, oiler; Automatic dry batch plant; Bituminous distributor; Bituminous patching tamper; Belt spreader; Broom and belt machine? Brush burner; Chair cart, self- propelled; Coleman -type screen; Cold grinder oiler; Concrete mixer, less than 21 cu. ft.; Conveyor, portable; Curb machine; Deckhand; Digger (post hole, power -driven); Farm tractor, including farm tractor with all attachments (except backhoe, Hi- lift endloaders); Form grader; Form tamper, motor -driven; Generator; Gunite machine; Hetherington driver; Hydra seeder; Mechanical heater; Minor equipment operator, 1 through 4 pieces; Curing spraying machine; Power saw, concxete (power -driven); Pug mill pull broom, power type; Seaman tiller; Slurry seal machine; Spike machine; Straw blower or brush mulcher; Stripping machine (paint, motor -driven); Sub grader; Throttle valve; Tractaire with drill; Truck crane and multi -drill oiler, driver; Spreader; Water pump. ---------------------------------------------------------------- ENGIOIBI-015 04/01/2012. SEWER WATERLINE & UTILITY CONSTRUCTION: BARTHOLOMEW, BROWN, CLAR.K, CRAWFORD, DEARBORN, DECATUR, DUBOIS, FLOYD, FRANKLIN, GIBSON, HARRISON, JACKSON, JEFFERSON, JENNINGS, LAWRENCE, MARTIN, OHIO, ORANGE, PERRY, PIKE, POSEY, RIPLEY, SCOTT, SPENCER, SWITZERI,AND, VANDERBURGH, WARRICK, and hq./lwww.wdol.gov/wdoUscafdos/davisbacmn N6.dvb?v=29 10/31/2012. EXH€Sid" PAGE ...,.�� Page 18 of 38 WASHINGTON COUNTIES Rates Fringes Power equipment operators: GROUP A ............ _........ $ 29.38 13.40 GROUP B..................... $ 21.25 13.40 SEWER WATERLINE & UTILITY CONSTRUCTION GROUP A: A -frame winch truck; Air compressor 900 ,cu. ft. and over; Air tugger; Autograde (CMI); Auto patrol; Backhoe; Ballast regulator (RR); Batch plant (electrical control concrete); Bending machine (pipe); Bituminous plant (engineer); Bituminous plant; Bituminous mixer travel plant; Bituminous paver; Bituminous roller; Buck foist; Bulldozer; Cableway; Chicago boom; Clamshell; Concrete mixer, 21 cu. ft. or over; Concrete pager, concrete pump, crete; Crane; Craneman; Crusher plant; Derrick; Derrick boat; Dinky; Dope pots (pipeline); Dragline; Dredge operator; Dredge engineer; Drill operator; Elevator grader; Elevator; Ford hoe, or similar type equipment; Forklift; Formless paver; Gantry crane; Grada€l; Grademan; Hopto; Hough loader or similar type; Hydro crane; Motor crane; Mucking machine; Multiple tamping machine (RR); Overhead crane; Pile driver; Fulls; Push dozer, Push boats.; Roller (sheep foot); Ross Carrier; Scoop; Shovel; Side boom; Swing crane; Trench machine; Welder (heavy fluty; Truck -mounted concrete pump; Truck -mounted drill; Well point; Whirleys. GROUP B:.Air compressor, up to 900 cu. ft.; Brakeman, Bull float; Concrete mixer, over 10S and under 21S; Concrete spreader or puddler; Deck engine; Electric vibrator compactor (earth or rock); finishing machine; Fireman; Greaser, on grease facilities servicing heavy equipment; Material pump; Motor boats; Portable loader; post hole digger; Power broom; Rock roller; Moller, wobble wheel (earth and rock); Spike machine (RR); Seaman tiller; Spreader rock; Sub grader; Tamping machine; Welding machine; Widener, Apsco or similar type: Bituminous distributor; Cement gun.; Concrete saw; Conveyor; Deckhand oiler; Earth roller; Form grader; Generator; Guard rail driver; Beater; JLG lifts; Oiler; Paving joint machine; Power traffic signal; Scissor lift; Steam Jennyu; Truck crane oiler; Vibrator; Water pump. -------------------------------------------------------------- ENGIO841-011 04/01/2012 HEAVY, HIGHWAY AND UTILITY CONSTRUCTION BOONE, CLAY, DAVIESS, FOUNTAIN, GREENE, HENDRICIiS, KNOX, MONROE, MONTGOMERY, MORGAN OWEN, PARKE, PUTNAM, SULLIVAN, VERMILLIAN, VIGO, and WARREN COUNTIES Rates Fringes Power equipment operators: GROUP 1.....................$ 29.25 16•.00+a hftp://www.wdol.gov/wdol/scafilm/davisbacon/IN6.dvb?v--29 10/31I2012 EXHIBIT Y>- PAGE `r Page 19 of 38 GROUP 2.....................$ 23.00 16.00.+a POWER. EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Air Compressor Over 600 CU FT, Air Compressors (2), Compressors hooked in Manifold, Asphalt Plant Engineer, Auto Grade and/or C.M.I. or similar type Machine, Auto Patrol, Motor Patrol, Power Blade, Aspco Paver, Asphalt Planer, Asphalt Rollers, Asphalt Paver Operator, Concrete or Asphalt Milling Machine, Self Propelled Widener, Backhoe and/or Pavement Breaker ,Attachment, Self Propelled Pavement Breaker, Ballast Regulator (R.R), Bituminous Mixer, Bituminous Paver, Bituminous Plant Engineer, Bulk Cement Plant Engineer, Bulldozer, one -Drum Hoist with Tower or Boom, Cableways, Tower Machines, Back Filler, Boom Tractor, Boom or Winch Truck, Winch or Hydraulic Boom Truck, Boring Machine, Bolier, -operator, Brush Mulcher, Bull Float, Finishing Machine, Power Cranes, Overhead Cranes, Truck cranes, Piledriver, Skid.or Crawler, Guard Rail Post Driver, Tower Cranes, Hydro Crane, Cherry Picker, Draglines, Derricks, Shovels, Clam, Gradalls, Two Drum Machine, Concrete or Asphalt Curb Machine, Self Propelled, Concrete Mixers with Skid, Tournamixer, Concrete Pump (Truck or Skid Mounted), Concrete Plant Engineer, Soil Cement Machine, Formless Paver, Concrete Spreader, Span Saw (and similar types)., Chip Spreader, Mesh Placer, Dredging( Equipment or Dredge Engineer or Dredge Operator, Tug Boat Operator, Marine Scoops, Ditching Machine with Dual Attachment, Standard or Dinkey Locomotives, Drilling Machine, including Well Testing, Caissons, Shaft or any similar type Drilling Machine (Well Point Systems), 4 Point Life System (Power Lift or similar type), Mud Cat, Mucking Machine, Sull-Air, Mechanics, Welder, Head Equipment Greaser, Tournapull, Tractor Operating Scoops, Push Tractors, Large Rollers on Earth, Loaders (Track or Rubber Mounted), or similar type Machine, Lull, Tournadozer, Scoopmobiles, Elevating Machines, Power Broom (Self Propelled), power Sub Grader, Hydra Ax, Farm Tractor with Attachments, Soil Stabilizer (Seaman'Tiller, So mag, Rage Gator and similar types of equipment), Tree Mover, Stump Remover, Root Rake, Hydra Seeder, Straw Blower, Refrigerating Machine, Freezing Operator, Chair Cart -Self Propelled, Helicopter Crew (3), Ross Carrier or Straddle Buggy or similar Machine, Rock Crusher Plant, Gravel Processing Machine, Pipe Cleaning Machine, Pipe Wrapping Machine, Pipe Bending Machine, Pug Mill, Concrete Bump Grinder Machine, Power Curing Spray Machine, Forklift (except when used for landscaping), Snooper Truck Operator. GROUP 2: Air Compressor 600 cu. ft. and under, Air Tugger, Air Valves, Assistant Concrete Plant Engineer, Assistant Asphalt Plant Engineer, Asphalt Plant Fireman, Bulk Cement Plant Equipment Greaser, Concrete Mixers without Skips, Curbing Machine, Concrete Saw (Self Propelled), Conveyors,Cement Blimps, Ditching Machine under 6", Distributor Operator On trucks, Deck Hands, Elevators when used fox hoisting material, Engine Tenders, Fork Lift (when used for landscaping), Firm Tractor, Fireman, Fireman on Paint or Dope Pots, Form Tamper, Form Grader, Flex Plane, Generators (two to four), or Welding Machines or Water http://www.wdol.gov/wdol/soaffies/davisbacon/IN6.dvb?v--29 10/31/2012 PAGE F Page 20 of 38 Pumps, within 400 feet, Gunite Machine, Machine Mounted Post Hole Digger, Mude Jack, One Drum Machines without Tower or Boom, One Water Pump, One Welding Machine., Outboard or Inboard Motor Boat, Pull Broom (Power Type, Siphons and Pulsometer, Switchman, Striping and or Painting Machine (motor driven), Slurry Seal Machine, Track Jack, Temporary Heat, Throttle Valve, Tube Float, Tractaire, Wagon -Drill., Multiple Tamping Machine (R.R.), Spike Machine (R.R.), Mechanical Heaters, Brush Burner, Vacuum Truck (Super Sucker and similar types). FOOTNOTES: A. Employees operating booms from 149Ft. to 199 Ft. including jib, shall receceiv'e an additional seventy-five Cents (.75) per hour above the rate. Employees operating booms over 199 Ft. including jib, shall receive an additional one dollar and twenty- five cents ($1.25) per hour above the regular rate. B. Employees operating scoops, pulls, or tractors hooked in tandem shall receive an additional one dollar (41.001 per hour above the regular rate. C. Employees operating scoops, pulls, or tractors pulling any other hauling unit in tandem shall receive an additional one dollar ($1.00) per hour above the regular rate. D. Underground work -- Employees working in tunnels, shafts, etc. shall be paid a thirty percent (30%) premium above the wage rate. IRON0022-001 06/01/2012 BARTHOLOMEW, BENTON (REMAINDER OF COUNTY), BOONE, BROWN, CARROLL, CASS, CLAY, CLINTON, D.AVIESS (REMAINDER OF COUNTY), DECATUR (W 3/4), DELAWARE (REMAINDER OF COUTNTY), FAYETTE (W 1/3), FOUNTAIN,FRANNKLIN (NW TIP.), FULTON (REMAINDER OF COUNTY), GRANT (REMAINDER OF COUNTY), GREENE, HAMILTON, HADTCOCK, HENDRICKS, HENRY., HOWARD., JACKSON, JASPER (SOUTHEASTERN 1/3), JENNINGS (NORTHWEST 2/3), JOHNSON, KNOX (REMAINDER OF COUNTY), LAWRENCE, MADISON, MARTIN (NW 2/3.), MIAMI (REMAINDER OF COUNTY), MONROE, MONTGOMERY, MORGAN, NEWTON (SOUTHERN HALF), OWEN, PAiRKE, PULASKI (REMAINDER OF COUNTY), PUTNAM, RANDOLPH (SW TIP), RUSH (REMAINDER OF COUNTY), SHELBY, SULLIVAN, TIPPECANOE, TIPTON, VERMILLION, VIGO, WAYNE, WARREN AND WHITE COUNTIES: Rates Fringes IRONWORKER ........................$ 28.60 18.40 ---------------------------------------------------------------- IRON0044-010 06/01/2012 DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (REMAINDER OF COUNTY), FRANKLIN (REMAINDER OF COUNTY), JEFFERSON (REMAINDER OF COUNTY), JENNINGS (REMAINDER OF COUNTY), OHIO, RIPLEY, RUSH (SOUTHEASTERN. TIP), SWITZERLAND, AND UNION (SOUTHERN 1/3) hip://www.wdoi.gov/wcloU8cafiles/davisbacon/IN6.dvb?v--29 10/31/2012 tpXHIBi7 PAGE 2.�, 0F?)i Rates Ironworkers: FENCE ERECTORS ..............$ 22.50 ORNAMENTAL ..................$ 24.80 STRUCTURAL, MACHINERY MOVERS, RIGGERS .............$ 24.80 ---------------------------------------- IRQN0070-002 06/01/2012 Fringes 18.10 18.10 18.10 -------------------- CLARK, CRAWFORD, FLOYD', HARRISON, JACKSON (SOUTHERN 3/4); JEFFERSON (EXCLUDING NORTHEASTERN TIP); JENNINGS (SOUTHERN 3/4), LAWRENCE (SOUTHERN 2/3), MARTIN (SOUTHEASTERN 2/3), ORANGE, PERRY (EASTERN 3/4); SCOTT AND WASHINGTON COUNTIES: Rates Fringes IRONWORKER .......................$ 26.34 18.58 ___ IRON0103-001 04/01/2012 ----- DAVIESS (S 1/2), DUBOIS, GIBSON, KNOX (S 1/2), MARTIN (SW 1/3), PERRY (W 1/4), PIKE, POSEY, SPENCER, VANDERBURGH, AND WARRICK Rates Fringes IRONWORKER .......................$ 27.02 15.755 IRON0147-004 46/01'/2012 �" �' -------�-______.... ADAMS,- ALLEN, BLACKFORD, DEKALB, DELAWARE (NORTHEAST THIRD OF COUNTY), FULTON (EASTERN PART), GRANT (EXCLUDING SOUTHWEST PORTION), HUNTINGTON, JAY, MIAMI (NORTHEAST HALE"), NOBLE (EXCLUDING NORTHEAST TIP)., STEUBEN, WABASH, WELLS, and WHITLEY COUNTIES Rates Fringes IRONWORKER-- .................$ 24.64 18.32 IRON0290-004 06/01/2012 .. FAYETTE (NE 1/4), RANDOLPH (S. PART OF COUNTY EXCLUDING WINCAESTER BUT INCLUDING UNION CITY) UNION (NORTHERN 2/3) AND WAYNE (REMAINDER OF COUNTY) COUNTIES Rates Fringes Ironworkers: ..................... $ 26.23 18.15 -- IRON0292--005 06/01j2012 ELKHART, FULTON (North 2/3), KOSCIUSKO (Remainder of County), LAGRANGE CWest 1/3), MARSHALL, MIAMI (Northwestern Tip), NOBLE http://www.wdol.gov/wdol/scafiles/davisbacon/IN6.dvb?v--29 Page 21 of 38 10/31/2012 W B PRG O (Northwestern Tip), PULASKI (Northeast Half), and STARTLE COUNTIES Rates fringes IRONWORKER .......................$ 26.38 17.91 ---------------------------------------------------------------- IRON0372-007 06/01/2012 DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (SE CORNER), FRANKLIN (S 3/4), OHIO, RIPLEY (REM. OF COUNTY), SWITZERLAND (REMAINDER OF COUNTY) and JENNINGS (NE TIP) COUNTIES Rates Fringes IRONWORKER (Reinforcing) Beyond 25 miles of Hamilton County, Ohio Court House .................$ 26.59 18.58 Within 25 miles of Hamilton County, Ohio Court House .................$ 26.34 18.58 ---------------------------------------------------------- IRON0355--002 06/'01/2012 JASPER (NORTHERN 1/2), NEWTON (NORTHERN 1/2), PULASKI (NORTHWESTERN TIP) COUNTIES Rates Fringes Ironworkers: IRONWORKERS .................. $ 38.00 23.74 SHEETER...................... $ 38.25 23.74 ---------------------------------------------------------------- IRON0465--002 06/01/2008 BENTON (NORTHWESTERN TIP), JASPER (REMAINDER OF COUNTY), NEWTON (REMAINDER OF COUNTY) Rates Fringes IRONWORKER .......................$ 34.50 24.03 ---------------------------------------------------------------- LAB40041-U05 04/01/2012 UTILITY CONSTRUCTION JASPER AND NEWTON COUNTY Rates Fringes Laborers: GROUP 1.....................$ 29.07 11.70 GROUP 2.....................$ 29.37 11.70 GROUP 3.....................$ 30.07 11.70 Page 22 of38 http://www.wdol.gov/wdol/scafilestdavisbacon/IN6.dvb?v=29 10/31/2012 HiBiT __ PAGE IF Page 23 of 38 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool., power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pape grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder {electric or exy-acetylene) in connection with waterline and sewer work, Clod Carrier (tending bricklayers.);. Tying and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LABOOOSI.-003 04/01/2012 UTILITY CONSTRUCTION STARKE.COUNTY Rates Fringes Laborers. -GROUP I .......... .........$ 25.47 11.70 GROUP 2......................$ 25.77 11.70 GROUP 3.....................$ 26.47 11.70 LABORERS CLASSIFICATIONS .(UTILITY CONSTRUCTION) GROUP l: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer hV:/Iwww.wdol.gov/wdol/sca.files/davi.sbacon4N6.dvb?v=29 10/31/2012 EXHIBIT PAGE ✓ ` " Page 24 of 38 (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or lake material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper -operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, .radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy--acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); Tving and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter, Dynamite and powder man; General lea-dman.; Concrete Saw Joint Control cutting ---------------------------------------------------------------- LAB00081-007 04/01/20.12 UTILITY CONSTRUCTION ALL REMAINIRG COUNTIES Rates Fringes Laborers: GROUP 1. ...................$ 22.62 11.70 GROUP 2.....................$ 22.92 11.10 GROUP-9.....................$ 23.62 11.70 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including h4//www.wdol.gov/wdol/scafilos/d2Lvisbacon/IN6.dvb?v-29 10/31/2012 EXHIBIT PAGEA_L_0F!&_ Page 25 of 38 supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; ari.dge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor --driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); Tying and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting ------------------------------------------------------------ LABOO999-001 04/01/2012 HEAVY AND HIGHWAY CONSTRUCTION Rates Fringes Laborers: GROUP 1.....................$ 22.62 11.70 GROUP 2.......... ........... $ 22.92 11.70 GROUP 3.....................$ 23..62 11.70 LABORERS CLASSIFICATIONS GROUP l: Building and Construction Laborers; Scaffold Builders (other than for Plasterers); Mechanic Tenders; Window Washers and cleaners; Waterboys and Toolhousemen; Roofers Tenders; Railroad Workers; Masonry Wall Washers (interior and exterior); Cement Finisher Tenders; Carpenter Tenders; All Portable Water pumps with discharge up to (3) inches; Plaster Tenders; Mason Tenders; Flag & Signal Person. GROUP 2: Waterproofing; Handling of Creosot Lumber or lute treated material (excluding railroad material); Asphalt Rakers and Lutemen; Kettlemen; Air Tool Operators and all Pneumatic Tool Operators; Air and Electric Vibrators and Chipping Hammer Operators; Earth Compactors Jackmen and Sheetmen working Ditches deeper than (6) ft.in depth; hq://www.wdol.gov/wdol/scafHes/davisbacon/IN6.dvb?v=2.9 10/3-112012 EXHIBIT PAGE GF_" Laborers working in ditches (6) ft.in depth or deeper; Assembly of Unicrete Pump; Tile Layers (sewer or field) and Sewer Pipe Layer (metallic or non-metallic); Motor driven Wheelbarrows and Concrete Buggies; Hyster Operators, Pump Crete Assemblers; Core Drill Operators; Cement, Lime or Silica Clay Handlers (bulk or bag); Handling of Toxic Materials damaging to clothing; Pneumatic Spikers; Deck Engine and Minch Operators; dater Main and Cable Ducking (metallic and non --metallic); Screed Man or Screw Operator on Asphalt Paver; Chain and Demolition Saw Operators; Concrete Conveyor Assemblers. GROUP 3: Water Blast Machine Operator; Mortar Mixers; Welders (Acetylene or electric); Cutting Torch or Burner; Cement Nozzle. Laborers; Cement Gun Operator; Scaffold Builders when Working for Plasterers. Dynamite Men; Drillers -- Air Track or Wagon Drilling for explosives Hazardous and Toxic material handier, asbestos removal or handler. ---------------------------------------------------------------- PAIN0012-006 05/01/2012 COMMERCIAL AND INDUSTRIAL DEARBORN, OHIO, RIPLEY AND SWITZERLAND COUNTIES; Rates Fringes Painters: Bridges, Lead Abatement.....$ 24.10 8.33 Brush & Roller, Paperhanger, Drywall Taping.$ 23.10 8.33 Sandblasting, Waterblasting.$ 23.85 8..33 Spray .......................$ 23.60 8.33 ----------------------------------------------------------- PAIN002.7-.005 06/01/2012 NEWTON COUNTY, West of Highway #41 Rates Fringes GLAZIER ...........................$ 39.50 27.97 ---------------------------------------------------------------- FAIN0047-005 06/01/2012 BARTHOLOMEW, BOONE, BROWN, DECATUR, HAMILTON, HANCOCK, HENDRICKS, JACKSON, JENNINGS, JOHNSON, LAWRENCE, MARION, MARTIN, MONROE, MORGAN, ORANGE, AND SHELBY COUNTIES Rates Fringes Painters: BRIDGE WORK Brush &.Roller .............$ 25.43 11.23 Spray, Sandblaster, Waterblaster, Lead Based Paint Abatement ............ $ 29.49 11.23 Brush, Roller ...............$ 24.43 11.23 Spray and Sand -Blasting.....$ --------------------------------------------------------------- 25.43 11.23 Page 26 of 38 http://www.wdol.govfwdol/scafdes/davisbacon/IN6.dvb?v=29 10/31J2012 EXHIBIT PAGE 4F` * PAIN0080-001 08/01/2012 BENTON, CARROLL, CASS, CLINTON, FOUNTAIN, MONTGOMERY TIPPECANOE AND WARREN COUNTIES Rates Fringes Painters: Brush and Roller ............ $ 23.00 13.58 Spray and Sandblasting ...... $ 24.00 13.58 ------------------------------------------------------------ PAIN0091-007 06/01/2011 ELKHART, FULTON, KOSCIUSKO AND MARSHALL COUNTIES Rates Fringes Painters: Brush & Roller, Drywall Taping & Finishing, Vinyl/Paper Hanging ......... $ 25.68. 11.85 Spray .......................$ 26.18 11.85 ---------------------------------------------------------------- PAIN0118-005 05/01/2011 CLARK, CRAWFORD, FLOYD, HARRISON J'EFFERSON, SCOTT AND 1'iF1'ASHINGTON COUNTIES Rates Fringes Painters: Brush, Roller & Paperhanger.$ 22.93 11.05 Spray, Sandblast & Waterblast..................$ 23.93 11.05 ---------------------------------------------------------------- PAINO156-001 04/01/2011 DAVIESS, DUBOIS, GIBZSON, KNOX, PERRY, PIKE, POSSEY, SPENCER, VANDERBURGH, AND WARRICK COUNTIES Rates Fringes Painters: BRUSH & ROLLER ..............$ 25.60 12.16 DRYWALL rINISHERS........... $ 25..65 12.16. MASTICS, CREOSOTES KEWINCH KOATE, & COAL TAR EPDXY ..... $ 26.60 12.16 SPRAY of MASTICS . CREOSOTES, KWINCH KOATE, COAL TAR EPDXY ..............$ 27.60 12.16 SPRAY, SANDBLAST, POWER TOOLS, WATERBLA.ST & STEAM CLEANING ....................$ 26.60 12.16 ---------------------------------------------------------------- PRIN0197-001 08/01/2011 CLAY, GREENE, OWEN, PARKE, PUTNAM, SULLIVAN, VERMILLION AND Pap 27 of 38 http://www.wdol.gov/wdollacafiles/davisbacon/IN6.dvb?v=29 10/31/2012