Document 06EV5YmKR2xvw2GY5yMrBL5n

PLAINTIFF'S EXHIBIT ASA-1323 Abatement Planfor the Removal. ofAsbestos at ASARCO, INC Power House, Pump House and tunnel April 26,1999 Prepared for! Prepared by: ASARCO, INC. ATTN: Peggy Munsell 2301 E. Palsano El Paso, Texas 79902 ENVIRONMENTAL SERVICES 1409 Montana El Paso, Texas 79902 (915) 533-8840 Fax (915) 533-8843 E-mail Scai@flash.net NOTE: Tins project manual was designed forwork directed herein and is designed to be used with Sun CityAnalytical, Inc. airmonitoring SOP'S and manuals. This booklet may not be used for any other purpose. SUN CITYANALYTICAL, INC. assumes no responsibility for any other use or misuse ofthis project manual Copyright(C) 1999SUN CITYANALYTICAL INC. All rights reserved No portion may be reproduced without expressed written consent from Sun CityAnalytical, Inc. . . ASARCO ELP 0012970 P rc^cS ed PC"U C't<rtc\ >O n Coi, ( ^ S' / ,q jC^ BID TABULATION FORM ASBESTOS ABATEMENT AT THE O U OS < co < a. u oON\ OS Ed sCQ D Z H <J W<-> O e: o * < U co "3 sj o r pc v/3 u 00 rw I uu \j cr V REVIEWED BY C\> e < w s aH a ft eo ft ASARCO ELP 0012971 Design For: ABATEMENT PLAN April 26, 1999 ASBESTOS ABATEMENT at the ASARCO Power House, Tunnel and Pump House FOR ASARCO, Inc. Attn: Peggy Munsell 2301 East Paisano El Paso, Texas 79902 LICENSED ASBESTOS CONSULTANT AGENCY: TEXAS LICENSE #10-0011 SUN CITY ANALYTICAL, INC. a 1409 MONTANA EL PASO, TEXAS 79902 LICENSED INDIVIDUAL ASBESTOS CONSULTANT: Luis M. Acuna, P.E.A. TEXAS LICENSE #10-5039 SUN CITY ANALYTICAL, INC. 1409 MONTANA AVENUE EL PASO, TEXAS 79902 ASARCO ELP 0012972 TABLE OF CONTENTS BID ANNOUNCEMENT (4) ASARCO CONTRACT (Blue Pages) SUPPLEMENTARY CONDITIONS (6) BID FORM (8) PROJECT SCHEDULE (10) SECTION 01010 SUMMARY OF WORK (11) 1.01 Statement of Work ..................../?}......................................................... 11 1.02 Project Objectives . ..................................... 11 1.03 Description of Work....................................... 14 SECTION 01030 SPECIAL PROCEDURES OR CONDITIONS (13) 1.01 ASARCO - Power House.........vT~..... :-i=V;..................................................... 13 1.02 Alternate Procedures ........... : .................................................. 13 1.03 Pre-abatement Inspection .. 13 1.04 Schedule ofAbatement ... . -X-tyV:. ..................................................... 13 1.05 Site Security...................... ....................... '.vV-........................................................ 13 1.06 Emergency Repairs . . .. f.'.-.X-........................ 14 1.07 Medical Emergencies............................................................................................ 14 1.08 Rental Equipment...................................................................................................... 14 1.09 Patented Products...................................................................................................... 14 1.10 Electrical Work ..................................................................................................... 14 1.11 Special Garments and Training............................................................................ 15 1.12 Noise Hazard......................................................................................................... 15 1.13 High Heat & Steam Line Hazard ............................................................................ 15 1.14 Landscape ................................................................................................................. 15 1.15 Building Interior.........................................................................................................15 1.16 Heat Stress: ............................................................................................................... 16 1.17 Precedence Regarding Conflicts And/Or Questions:.......................................... 16 1.18 Dispute Resolution.................................................................................................... 16 1.01 1.02 1.03 SECTION 01043 PROJECT COORDINATION (17) Work Requirements:.............................................................................................. Personnel Qualifications: ..................................................................................... Permits: .................................................................................................................. 17 18 19 ASARCO, Inc. EIPuo 1 Power House 4/99 ASARCO ELP 0012973 SECTION 01091 DEFINITIONS AND STANDARDS (20) 1.01 Applicable Publications: ........................................................................................ 20 1.02 Definitions:.............................................................................................................. 21 SECTION 01300 SUBMITTALS (27) 1.01 Submittals with Contractor's Proposal:............................................................... 27 1.02 Submittals required at Pre-Abatement Meeting: ................... V......................... 27 1.03 Submittals required Daily during Abatement: .................................................... 29 1.04 Submittals Required at Conclusion of Project.................................................... 30 1.05 Disapproved Submittals:.......................................................................................... 30 SECTION 01410 TESTING LABORATORY SERVICES (31) 1.01 Air Monitoring and Sampling: ............................................................................ 31 1.02 Third-Party Air Monitoring:................................................................................ 32 1.03 Methods ofAnalysis: .........:............................................................................... 33 1.04 Clearance Samples...................................... 34 SECTION 01500 TEMPORARY F^CILITjOES & CONTROLS (35) 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 Temporary Buildings .................. .'C.................................................................. Telephone Service ......................::........... V/.................................................... Water for Construction............. .V. : ................................................................. Electricity for Construction .' .;-i ';:......................................................... Employee Conduct............. . . .................................................... Advertising............... Ij-V"........................... "||A-.................................................. Barricades ........................ ....................:........................................................ Security................................................................................................................. Toilets ................................................................................................................... 35 35 35 35 35 36 36 36 36 SECTION 01513 AIR FILTRATION SYSTEM (37) 1.01 Air Filtration System ............................................................................................. 37 1.01 1.02 1.03 SECTION 01527 WORK AREA PROTECTION (42) Preparation............................................................................................................. Fire Protection....................................................................................................... Viewing Window.................................................................................................. 42 43 43 SECTION 01528 ENTRY INTO CONTROLLED AREAS (45) 1.01 Entiy and Exit of Work Area ............................................................................... 45 SECTION 01560 RESPIRATORY PROTECTION (47) 1.02 Respiratory Protection......................................................................................... 47 Sun City Analytical, Ijic. OOcopyright 1999 2 ASAKCO, Inc. El Paso Power House 4199 ASARCO ELP 0012974 SECTION 01562 PERSONNEL PROTECTION (49) 1.01 Personnel Protection:........................................................................................... 49 1.02 Worker Protection............................................................................................... 49 SECTION 01563 DECONTAMINATION UNITS (51) 1.01 Enclosures:............................................................................................................ 51 SECTION 01632 PRODUCTS (53) 1.01 Materials:.............................................................................................................. 53 . 1.02 Equipment:............................................................................................................ 54 SECTION 01701 PROJECT CLOSEOUT (56) 1.01 Reestablishment of the Work Area and Systems:............................................... 56 SECTION 01712 CLEANING & DECONTAMINATION (57) 1.01 Clearance Air Monitoring: ........ 57 SECTION 01714 WORK AREA dLEARANCE (59) 1.01 Clearance Air Monitoring: .... ..'.V:'... .:'!................................................... 59 SECTION 01716 DISPOSAL PROCEDURES (61) 1.01 Disposal Procedures................. .-........................................................................... 61 SECTION 02081 GENERAL REMOVAL PROCEDURES (63) 1.01 Procedures: ..................... ;.................................................................................. 63 1.01 1.02 SECTION 02082 GLOVEBAG REMOVAL (65) TS Procedures: ........................................................................................................... 65 Glovebag Procedures........................................................................................... 65 DRAWING AA-1 END OF THIS SECTION Sun City Analytical, Inc. (c)copyright 1999 3 ASARCO,lnc El Paso Power House 4/99 ASARCO ELP 0012975 BID ADVERTISEMENT FOR ASBESTOS ABATEMENT AT ASARCO Power House P.O. Box 1111 El Paso, Texas 79999 Notice is hereby given that sealed proposals will be accepted for asbestos abatement of the above location ONLY from invited contractors. The proposal shall be in accordance with Plans and Specifications designed by: SUN CITY ANALYTICAL, INC. 1409 Montana5-/.1 El Paso, Texas 79902 (915) 533-8840 >. The Proposal will be accepted until4-1:00 a.m. (MST), Tuesday May. 11th, 1999 at: SUN CITY ANALjYTICiAL, INC. 1409 Montaria: El Paso;' Texas 79902 (915) 533-8840 ! ; where they will be publicly opened by Owner and Consultant. Bid proposal shall be accompanied by a Bid Bond, or cashiers check payable without recourse to ASARCO, Inc. in the amount of not less than 5% of the total bid. Bid proposal when submitted indicates the Bidder will furnish all bonds and Insurance called for in the provisions. The Bidder also certifies that each project will be completed on or before the specified date. Successful Bidder shall complete project in accordance with dates set forth in Project Schedule included in this project manual. IfBidder fails to finish project in said dates, he is liable to ASARCO Inc. or have deducted from funds owed, as liquidated damages the sum of five-hundred ($500.00) dollars per day plus Consultant and/or Air monitoring costs per day for each calendar day of delay until the project is substantially completed. There will be a mandatory pre-bid walk-thru ofthe project on Thursday April 29* 1999, at 10:00 a.m. (MDST). All interested Bidders are required to attend. Prospective contractors should arrive no later than 10:00 a.m. (MDST) on ThursdayApril 29* 1999 at the ASARCO security gate located at 2301 W. Paisano in El Paso, Texas. Contractors should bring a hard hat, goggles, hearing protection, long sleeve shirt, respirator with HEPA filters and hard sole boots or shoes. Individuals are reminded that proper use of respirators shall be enforced and beards and/or hair growth shall be grounds for denying access to project site. Sun City Analytical, Inc. (c)copyright 1999 4 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0012976 Owner reserves the right to refuse any and all offers for any reason that serves the best interest of the Ownei or building Occupants. Owner reserves the right to waive any technicality or irregularity in the project plans and/or Bidder documentation. Conflicts and questions arising during the bid phase and throughout any asbestos abatement activities will be resolved on a basis of whether an asbestos or non-asbestos related activity is involved. Any asbestos related conflicts and questions will be governed by the appropriate project manual sections. Otherwise, the Owner's supplementary and/or up-front "boiler plate" documents and any other non-asbestos related sections ofthe project manual will be applicable. Conflicts and questions which the selected Contractor fails to bring to the attention ofOwner and/or Consultant prior to being awarded the contract will be resolved at no additional cost to Owner and/or the Consultant. Contractors desiring Plans and Specifications may obtain Bid JDocuments from SUN CITY ANALYTICAL, INC., after April 26,1998 and at the Bid walk through. A fifty dollar ($50.00) non-refundable deposit is required per set of plans and specifications. Sun City Analytical, Inc. (c)copyright 1999 5 ASARCO, Inc. El Paso Power House 4/99 ASARCO Fl p nni?<577 ASARCO El Paso Plant L. W. Castor, Unit Manager FLYSHEET NO 1 - OTHER CONTRACTORS Effective immediately, all supplier's who enter ASARCO property to perform any service, other than delivering material, are required to fill out the undersigned with supporting documentation. HSC 001 - Contractor Safety and Health Screen Questionnaire (1 of 3). EMR (Experience Modification Rate) records are required. HSC 002 - Contractor Safety and Health Screen Questionnaire (2 of 3). Please enter your SIC code in the section provided. HSC 003 - Contractor Safety and Health Screen Questionnaire (3 of3). Provide certification records for crane, mobile equipment, and fork lift operators, ifapplicable. HSC 005 - Contractor Safety and Health Screen Questionnaire. (May be filled out during Contractor Orientation). However, a management signature is required. HSC 006 - Site Entry Release. (May be filled out during Contractor Orientation). Safety Manual or copy ofpolicies and procedures. Additional Requirements: Site orientation, approximately 2-4 hours in duration. Orientation is required once the Contract has been awarded. Scheduled with Peggy Munsell, (915 521-3640). Biological Monitoring may be required depending on Contract Specifications. Medical Evaluation Release is required to wear a respirator (1910.134 revision). A statement letter (list personnel), from Management or authorized personnel, is adequate. On-site Contractors must attend a monthly safety meeting and meet the requirements for that meeting. Attachments: Typicat Contractor Safety and Heath Program Elements. (Informational only). Form FP/10-97 - Fixed Price Construction or Repair Contract. (For review). Once the Contractor has been evaluated by the Safety Department and found to meet plant requirements, approval will be good for one year. The Contractor must maintain a good safety standing and continue to meet plant requirements throughout the current year. NOTE: Purchasing cannot issue a purchase order for any services until the requirement items have been satisfied. Required forms are to be filled out as soon as possible and returned to the contract administrator with whom you are dealing. Contract issues should be addressed to the following individuals: Edward L. Reed Materials Manager (Tucson Office) (520)798-7765 Fax (5*0)798-7782 Safety issues or questions should be addressed to Peggy A. Munsell, Safety and Health Director at (915)521-3640. fkuserstpeggytcontracftfly 1 .doc 04/15/99 ASARCO Incorporated P.O. Box 1111 El Paso, Texas 79999 (915) 541-1800 Fax (915) 541 -1866 ASARCO ELP 0012978 FLYSHEET NO. 3 - INSURANCE REQUIREMENTS 1 OF 2 The Contractor shall, for the mutual protection and benefit of both Owner and Contractor, procure, pay for and maintain in full force and effect, at all times during the performance ofthe work and until final acceptance of the work, policies of insurance issued by a responsible carrier or carriers acceptable to Owner which afford the following coverage: Workers' Compensation Employers' Liability Comprehensive General Liability including Independent Contractors' Broad Form Contractual, Broad Form Property Damage, Personal Injury, Completed Operations and Products coverage (such Completed Operations and Products coverage shall be provided for a period of two (2) years after final completion of the work and final accep tance by the Owner), and deletion of any exclusion pertaining to explosion, collapse, underground property damage, radiation and pollution hazards. Comprehensive Automobile Liability including Owned, Non-Owned, and Hired Car coverage. Contractors' Professional Liability Insurance including but not limited to errors and omissions coverage. Statutory Not less than $500,000 Not less than $2,000,000 combined single limit for both bodily injury and property damage Not less than $2,000,000 combined single limit for both bodily injury and property damage Not less than $1,000,000 g\public\peggy\contract\fly3.doc 12/10/98 ASARCO ELP OOI2979 FLYSHEET NO. 3 - INSURANCE REQUIREMENTS 2 OF 2 All policies, with the exception of Workers' Compensation and Contractor's Professional Liability, shall name Owner, its subsidiaries, directors, officers, agents and employees as additional insured, and shall expressly provide that the interest of same therein shall not be affected by any breach by Contractor of any policy provision. All policies shall expressly provide that no less than thirty (30) days prior written notice shall be given to Owner in the event of material alteration to or cancellation of the coverage evidenced by such policies. Further, the Workers' Compensation policy shall contain an endorsement waiving the insurers' right of subrogation against Owner, its subsidiaries, agents and affiliated companies, and their directors, officers, agents and employees. Prior to any equipment or personnel being brought onto Owner's premises in accordance with the terms of this Agreement, Contractor shall deliver to Owner a Certificate of Insurance for each policy obtained pursuant to this Agreement evidencing each of the provisions specified in this Article along with the signed Agreement. Upon renewal of each policy, Contractor shall provide to Owner a certificate of insurance evidencing all of the provisions specified in this Article. Contractor will maintain the original of all policies, endorsements and certificates, and provide Owner with copies of same upon request of Owner. g\public\peggy\contract\fly3.doc 12/10/98 ASARCO ELP 0012980 FLYSHEET NO. 2 - INSURANCE REQUIREMENTS TO WHOM IT MAY CONCERN: Attached please find ASARCO Incorporated's requirements concerning contractor's insurance. Since you are currently performing work for Asarco's El Paso Plant or are anticipating being rewarded a contract, all insurance requirements must be met and a copy ofsuch Certificate of Insurance must be on file with Asarco. The following statements also MUST be included in each policy and shown on the Certificate of Insurance: (1) "ASARCO Incorporated is named as an additional insured as its interest may appear with respect to the above liability policies." (2) "Insured hereby waives the insurer's right of subrogation against ASARCO Incorporated, its subsidiaries, agents and affiliated companies, and their directors, officers, agents and employees." Please fax a copy ofthe insurance certificate to Edward L. Reed, Materials Manager, ASARCO Tucson Office at (520) 798-7782 or call if there are questions, (520) 798-7765. g\public\peggy\contract\fly2.doc 12/10/98 ASARCO ELP 0012981 CONTRACTOR SAFETY AND HEALTH SCREENING QUESTIONNAIRE U HSC 001 Please complete this form and return it to the undersigned at your earliest convenience. This information will be kept on filet and used to evaluate contractors for our various projects. SEND COMPLETED QUESTIONNAIRE TO: P. Munsell, Safety & Health Director ASARCO PO Box 1111 El Paso, TX 79999 (915 521-3640) Obtain from your insurance agent (or state fund, if possible) your workers' compensation insurance experience modification rate (EMR) for the three most recent rating periods and complete the following:_________________________________________ POLICY YEAR: EMR: Ifyour EMfUs exactly 1.0 fo^amy,;^/.j.<7 policy yeaf^js it because yonrl^Sfe^;' Most recent policy year: 1 year prior: (orwasj:too:riew or too an Ewik calculated? f 2 years prior: v ------ We require verification of the above information. Any ofthe following methods will be acceptable: -v a. Furnish a letter from your insurance agent, insurance carrier, or state fund (on their letterhead) verifying the EMR data listed above; b. Provide a copy ofthe last three years' "Experience Rating Calculation Sheets" which your insurance carrier should forward to you annually; or c. Provide a copy of the pages of your last three years' insurance policies that show the experience modification rate and the coverage period. [f you were required to complete OSHA 200-S Reports for the last three years, please attach copies as well as completing this section. Ifyou were not required to complete OSHA 200-S Reports, please provide the following information: Three previous calendar years: Number of employees: 19 19 19* .. Number of medical treatment cases*: Number of lost workday cases**: Number of fatalities: Exposure hours***: Number of lost workdays****: DEFINITIONS t .'XT v - Medical Treatment Case - A case resulting from a work accident or illness that does not result in lost time or restricted work where Ithe contractor employee receives treatment administered by a physician or by registered personnel under the standard orders of a physician. Medical treatment does not include flrst-aid cases, even though first aid is administered by a physician or registered professional personnel, but does not include loss of consciousness or incidents that require more than one dose of a prescription medicine. Lost workday case - Any injury or illness that results in the employee being unable to work the next scheduled shift, or any injury or illness where the employee, following medical treatment is: -- assigned to a temporary job; -- working at a permanent job less than full time; or -- working at a permanently assigned job but unable to perform all the duties normally required. *** Exposure hours - Number of actual hours worked by employees during the calendar year. '*** Lost workdays - Number of days injured or ill employees were scheduled to work but could not. INCLUDE IN CONTRACTOR FILE HarllOM ASARCO CONTRACTOR POLICY APPENDIX 2 ASARCO ELP 0012982 CONTRACTOR SAFETY AND HEALTH SCREENING QUESTIONNAIRE #HSC 002 Type orwork (Bureau of Labor Statistics Standard industrial Classification Code) ______Non-Residential Building (SIC IJ) ______ Heavy (Non-Highway) Construction (SIC 16) ______ Special Trade Contractors (SIC 17) ______Other ARE INJURY AND ILLNESS REPORTS OR REPORTSUMMARIES SENT TO THE FOLLOWING? Field Supcrinteadtat Vice President ofConstruction President of Firm Safety Officer/Dept in Company (Ifyes, list name, tide, and telephone number) Nsme: Title: #( ) Project Safety, Health, and Housekeeping Management and Inspections (Chock One) YES NO HOW OFTEN? (If yes, list, name and title of persons who perform inspections) Names: Titles: List names and expected positions ofkey supervisory personnel planned for worit at ASARCO facilities: NAME POSITION, Written safety program used? Yes No (Attach copies) Site safety meetings held? Yes No Written health program used? Yes No (Attach copies) How often? Safety and health training program used for new employees? Disciplinary program available for safety violations? __________________________ Yes (see below) No Yes D No IF PROGRAMS AND TRAINING AVAILABLE AND USED. DO THEY INCLUDE THE FOLLOWING? OSHA29CFR Meets OSHA Requirements yes nofna General Safety and Health Provisions and Rules Occupational Health and Environmental Controls and Rules Petsonal Protective and Life Saving Equipment and Rules Fall Protecuon, Prevention, Rules and Equipment Fire Protection, Prevention, Rules and Equipment Signs, Signals, and Barricades, Rules and Equipment Tools - Hand and Power, Rules, and Protective Equipment Welding and Cutting, Rules and Protective Equipment electrical. Rules and Protective Equipment Ladders and Scaffolding, Rules and Protective Equipment Cranes, Derricks, Hoists, Elevators, Conveyors, Rules and Protective Equipment Motor Vehicles, Mechanized Equipment, Marine Operations Excavations, Trenching, and Shoring Concrete. Concrete Forms and Shoring Steel Erection Tunncls and Shafts, Compressed Air Demolition Blasting and Use ofExplosives PowerTransmission Distribution Asbestos Standard (OSHA) Arsenic Standard (OSHA) Lead Standard (OSHA) Cadmium Standard (OSHA) Hazard Communication Standard (OSHA) Lock oul/Tagout (OSHA) Confined Space Standards (OSHA) Construction Lead Standards (OSHA) DO YOU CONDUCT? Pre-employment Physicals hrlmonary Function Tests Respirator Use Medical Clearance D Yes Yes Yes No No No Audiometric Baselines Blood Lead Baselines Cadmium Baselines Yes Yes Yes No No No INCLUDE IN CONTRACTOR FILE OMMsasaz ASARCO CONTRACTOR POLICY APPENDIX 2 ' ASARCO ELP 0012983 CONTRACTOR SAFETY AND HEALTH SCREENING QUESTIONNAIRE # HSC 003 TRAINING PROGRAM AVAILABLE FOR NEWLY HIRED OR PROMOTED SUPERVISORS YES (See below) NO IF YES, DOES IT INCLUDE THE FOLLOWING? (CWckOw) YES NO Safe work practices Inspection techniques Toolbox safety meetings Emergency procedures First-aid procedures Accident prevention Fire protection and prevention Prework orientation Post construction clean-up and orientation Hazard communication Health and Safety regulatory standards QUESTIONS Have you ever been inspected by OSHA or MSHA? Ifyes, have citations been issued in the last three years? (Attach copies of citations) Do you conduct inspections and tests of construction equipment, for example, slings. Are records prepared and maintained as required by federal and state laws? (CkKfcOM) YES NO If operators of equipment are certified, enter name of person/organization/consultant providing certification for: Cranes Mobile Equipment Fork Lift Trucks COMMENTS BY CONTRACTOR OFFICIAL REFLECTING COMPANY SAFETY AND HEALTH POLICY: NAME: COMPANY: ADDRESS: TELEPHONE: QUESTIONNAIRE COMPLETED BY: TITLE: DATE: INCLUDE IN CONTRACTOR FILE HkHUSJ* ' ASARCO CONTRACTOR POLICY APPENDIX 2 ASARCO ELP 0012984.  B at fib s. c se S ISit gr.bj (S s B2 U u 11 3i "3 00 u * XSwO oU S IS. j*V-0 M_2fl IV u ill g " uiH & 8* hH d i1 a** a is 1 acA* 5- -e II *&vC h Hi M u tSL II o. <mw tf He iMo *<5-> 5*Ev5? 3 aS* 5u 5 3 gZ? w2 CO JB J'S s it 5s 5 5 xn J* v fc ~ < | ffg- * e w *3 O s 5,2 O1 ii ill SU * .. 33f IS? 2* II 1 ST ii *a r> c w> 1S< ' C , 3 T 11 iZ* *a? m_ 5 o. id a bsE C . u RJ*? "Sk a5ee ,Xf 5 tm> o 0 t=n ri w C a O'* a. e 2 I * gji <5 || ^ u t: Sg sl Si >% lb 03 o a $ * e .fi* t OS e5 < T3V JS 3 oe3 C ' li <aD5. e--(uI S *b o U J a> w o Of e2? >< 64 M W Vex --B *5< e x <o *3 M 5 fc &a M* rC3*/5 C3L^=o K co >*U <"c --RU rs l fs S^ In J5S. "3 1 JS i E *3 AfiAROO FI P OOI2985 *3 5 M id | '= fJ5t u Ow JS HOB Tlic Contractor certifier and agrees that the above Information was provided directly by the employee^) or contained within the contractor's personnel file and tbat each employee consented to providing this Information to ASARCO. The Contractor further certifies, acknowledges and promises to provide Immediately to ASARCO any updated Information, follow up Information o r T i t l e C o m p a n ychanges needed to this form, and that he has Instructed his employees of the need and requirement to report such Information as well. Date Name ; Any positive responses require farther evalaatloa by Contractor and ASARCO personnel. CONTRACTOR POLICY APP 5 (HSC * 00J) Doc #259442 V . 3 SITE ENTRY AGREEMENT AND LIABILITY RELEASE LOG* AND ACKNOWLEDGMENT OF SITE HAZARDS, PROTECTIVE MEASURES, TRAINING, RULES, POLICIES Page l of3 I seek ASARCO Inc.'s permission and agreement to enter its facility for the purpose ofperforming work for my employer or myselfor visiting and/or touring the facility. I understand that access to ASARCO's facility is restricted to its own employees and only those other persons who read, understand and sign this form, to indicate their voluntary agreement to the terms of this form, in exchange for ASARCO's granting a limited right of entry onto its property. Since I am not an ASARCO employee, I acknowledge that understand that the ASARCO facility contains numerous dangerous and hazardous materials, conditions, equipment and operations. For example, I understand that the ASARCO facility utilizes: (1) potentially hazardous and dangerous equipment, both mobile and stationary; (2) potentially dangerous and hazardous chemicals and materials such as respirable silica dust, lead, cadmium, arsenic, zinc, silver and copper, other dusts and fumes, solvents, lubricants, process chemicals and laboratory chemicals; and, (3) potentially dangerous and hazardous production processes, traffic and storage areas where the procedures, equipment, and materials used could pose both severe and immediate risks ofinjury and illness and death, and long term, chronic risks ofillness. By complying with government regulations, my company's safety and health programs, and ASARCO rules and policies, I understand that the risks and hazards on ASARCO's facility are minimized. 1 also understand that it is ASARCO policy and first priority to protect all persons who enter its facilities and the environment and that I and my employer are under a duty to comply with this policy. In consideration of permitting me to enter this ASARCO facility, I acknowledge, certify and agree that: 1. I have been provided and understand the warnings and training related to the hazards and potential , hazards on this site. 2. __ I have been provided and understand the site's rules and policies and agree to abide by them.1 1 This document is in two forms so that it can be used as a stand-alone document (one for every person that enters an ASARCO facility) or as the introduction to a log entry, signature book, sn long as each individual is required to read die materials, the last paragraph is repeated on each cage ofthe hook and the text is posted at the entry location. Doc #263665 v.t 1 ASARCO Contactor Policy App. 1 (HSC #006) ASARCO ELP 0012986 Page 2 of3 3. I have been provided with and understand the requirements and need to wear personal protective equipment (and respirators in certain areas) such as a hard hat, safety glasses, gloves, coveralls, and agree to wear and use such equipment properly. 4. I am restricted to the specific route of travel and work site as initially assigned to me by my employer and described and/or shown to me by ASARCO personnel, unless otherwise approved by ASARCO . personnel. 5. I have been instructed on and understand the emergency evacuation routes and procedures and agree to follow those instructions and procedures ifnecessary. 6. I am experienced and competent in. and have been trained to perform the job assigned to me, and I hold all government required training certi ficates and licenses needed to perform this job. 7. . 1 grant ASARCO permission to review my personnel file, medical records, biological monitoring records, air monitoring records and any other records of mine or my employees)' or physician(s)' related to the contract terms for my work or government regulations. 8. On behalfof myself, my dependents, my estate and my heirs and assigns, I agree to waive any and all claims against ASARCO. Inc. and its employees and agents, and release and hold them harmless from any and all damages, costs and expenses resulting from my death or any injuries or illnesses I may suffer as a result ofray presence, exposure, activity, accident or event at this facility, except in cases ofgross negligence or intentional acts on the apart ofASARCO. In the event ofmy death, injury or illness in any way related to the ASARCO facility I agree and acknowledge that my sole remedy and that ofmy dependents, heirs and assigns will be the worker's compensation coverage and benefits provided by my employer, or any insurance benefits provided by my employer or myself. I acknowledge and agree that my signature below indicates that I have read, understand and agree to the terms and conditions set forth above in consideration and in exchange for ASARCO granting me permission to enter its facility. 1)_________________________________________ ____________________________________________________ Date Company Signature Soc. Sec.No. Admitting Guard/Emp Project/Work Printed Name Work Location Doc #263665 v.I 7 ASARCO Contzictor Policy App. I (HSC#006) ASARCO ELP 0012987 Pge3 of 3 I acknowledge and agree that my signature below indicates that I have read, understand and agree to the terms and conditions set forth above in consideration and in exchange for ASARCO granting me permission to enter its facility. 2) Date Company Signature Soc. Sec. No. Admitting Guard/Emp Project-Work 3) Date Company Printed Name Work Location Signature . Soc. Sec. No. Admitting Guard/Emp Project Work 4) Date Company Printed Name Signature Work Location Soc. Sec. No. Admitting Guard/Emp Project-Work 5> Date Company Printed Name Signature Work Location Soc. Sec. No. Admitting Guard/Emp Project Work 6) Date Company Printed Name Signature Work Location Soc.'Sec. No. Admitting Guard/Emp Project-Work 7) Date Company Printed Name Signature Work Location Soc. Sec. No. Admitting Guard/Emp Doc *263665 v.l Project/Work Printed Name Work Location 3 ASARCO Contractor Policy App. 1 (HSCM06) ASARCO ELP 0012988 ASARCO CONTRACTOR POLICY TYPICAL CONTRACTOR SAFETY AND HEALTH PROGRAM ELEMENTS A. Prior to beginning work, contractors must develop a site-specific safety and health program that meets all applicable safety and health regulatory requirements. Contractors must understand the importance ofdeveloping an effectivelyfunctioning program that is pro-active and addresses the potential exposures to their employees for the particular job to be done. Potential exposures should be addressed extensively in the safety and health program. B. The program should describe in detail how job safety and health is to be incorporated into each phase of the work. Typical subjects to be covered in the safety and health program include: 1. Accident investigation procedures 2. Biological monitoring 3. Bloodbome pathogen programs (e.g. contractor's emergency responders) 4. Confined space procedures 5. Disciplinary action 6. Emergency procedures 7. Fire protection and prevention 8. First aid 9. Hazard communication 10. Incident reporting and investigation 11. Lockout/Tagout 12. Medical surveillance 13. Occupational health programs (e.g. lead, cadmium, arsenic, construction lead and cadmium) 14. Orientation for new hires 15. Personal protective equipment 16. Process safety management Doc #203286 ASARCO Contractor Policy Appendix 9 ASARCO ELP 0012989 17. Reporting unsafe acts or conditions 18. Safe work areas 19. Safe and heaithful orientation for supervision 20. Special instructions and/or information 21. Supervising for safety and health 22. Toolbox safety meetings 23. Task training 24. Training mandated by OSHA or MSHA 25. Process safety management procedures C. General Requirements for Contractors 1. Each contractor shall be directly responsible for initiating and maintaining a safety effort to prevent his employees from working under conditions ' which are unsafe, unhealthy, or unsanitary. The contractor's compliance with the Mine Safety and Health Act, the Occupational Safety and Health Act, state and local codes governing safe work practices, and ASARCO's site Safety' Manual is mandatory. 2. Each contractor is required to conduct substance abuse screening for all prospective employees. 3. Carelessness or disregard for accepted health, safety, and fire protection standards will not be tolerated. 4. The contractor shall prohibit the use ofunsafe machinery, tools, material, or equipment. These shall be identified as unsafe by tagging or by locking the controls to render them inoperable or they shall be removed from service in accordance with applicable regulations. 5. The contractor shall permit only employees who are qualified and competent by virtue oftraining or experience to operate equipment and machinery. 6. Contractors shall instruct their employees to recognize and avoid unsafe conditions. Employees should know the regulations applicable to their work environments to control or eliminate any hazards that cause exposure, illness, or injury. 7. Contractors shall instruct and train each oftheir employees required to handle or use flammable liquids, gases, toxic materials, poisons, caustics, and other harmful substances in their safe handling and use. Contractors ASARCO Contractor Policy Appendix 9 ASARCO ELP 0012990 *! shall provide training to their employees on potential hazards, necessary personal hygiene, personal protective measures, and all other matters required by the OSHA Hazard Communication Standard and any other applicable OSHA or MSHA standards governing exposure to specific hazardous substances. 8. Contractors shall instruct and train their employees required to enter confined or enclosed spaces in accordance with OSHA confined space requirements. 9. Any contractor employee reporting to work intoxicated or apparently under the influence of intoxicants or drugs will not be permitted on job site. 10. Designations of areas posted as "OFF LIMITS," "RESTRICTED ACCESS." or the like shall be obeyed by all employees. 11. Alcohol and firearms are prohibited on Facility property. 12. Any physical impairment, handicap, or medication taken regularly must be reported to a supervisor and the firk aid facility. 13. Contractor employees must know the symptoms, as well as the causes, treatment, and prevention ofheat stroke and exhaustion. Symptoms may be due to a combination ofhigh heat, humidity, low air movement, tvyek suits, or job conditions. 14. Contractors working in restricted areas must ensure that biological and/or air monitoring, if required, is conducted. While ASARCO prefers that such monitoring be conducted by the contractor, any such monitoring performed by ASARCO for contractor employees is voluntary and done to enhance safety and health in the workplace. Such actions do not change or diminish the contractor's responsibilities regarding biological monitoring. If monitonng is performed by ASARCO, the delivery ofmonitoring results to contractor and its employees must be documented along with any preventive action required by contractor. Furthermore, any such voluntary services provided by ASARCO will be addressed in contract provisions. D. Contractor Safety Education, Training and Promotion 1. A proven means of instituting and reinforcing a safety program is through carefully planned and conveyed safety education, training and informational activities. These activities must be presented logically and systematically to ensure that all employees know their obligations and responsibilities for achieving a safe work environment 2. ASARCO requires contractors to convey the message that safety is a priority through a variety ofactivities. These activities include, but are not limited to: Doe >203216 3 ASARCO Contractor Policy Appendix 9 ASARCO ELP 0012991 t. -v - a. New hire safety and health orientation/indoctrination by contractor safety representative. b. Contractor foreman safety and health orientations for employees. c. Weekly contractor "Toolbox" safety and health meetings. d. Project safety and health bulletin boards. 3. All newly-hired contractor employees must be required to attend a safety and health orientation on the fest day ofemployment The orientation will be conducted by the contractor and ASARCO prior to assigning employees to begin work. This includes all contractor personnel as well as subcontractor personnel 4. Employees of a low risk contractor, as defined in ASARCO's Contractor Policy at Section C(l), may not require all aspects ofsafety and health training if accompanied by an authorized ASARCO representative but must be given appropriate hazard recognition and emergency training. 5. The contractor has primary responsibility to maintain a safe and healthy working environment. 6. Employees shall take all necessary precautions to ensure their own personal health and safety and that of other workers and to cooperate with ASARCO's safety effort 7. The contractor must know and follow the reporting procedures for occupational injuries and illness. Every injury and illness shall be reported as required by the site and to the employee's supervisor. Any employee who has obtained outside medical treatment for an alleged work site injury or illness must report his or her injury or illness and the name of the attending physician to the first aid facility and his/her supervisor na later than the first normal scheduled workday following his or her outside medical treatment. 8. Every employee shall be informed that attendance at scheduled weekly contractor "Toolbox" safety and health meetings is mandatory. This weekly meeting will allow employees to ask questions, offer suggestions, and air complaints about safety on the project 9. Employees shall be instructed that they are to report all unsafe acts or conditions. ASARCO's representative must be informed ofany such reports. Any unresolved problems shall be reported to the Contractor Safety Coordinator and to ASARCO's representative. IN CASES OF "IMMINENT DANGER," THE HAZARD SHALL BE IMMEDIATELY ABATED OR PROTECTIVE ACTION SHALL BE IMMEDIATELY TAKEN TO PREVENT INJURY. THE EMPLOYEE SHALL NOTIFY THE FIRST CONTRACTOR AND/OR ASARCO SUPERVISOR THE EMPLOYEE CAN FIND OF THE SITUATION. THE EMPLOYEE SHALL COMPLETE SUCH NOTIFICATION WITH ALL DUE SPEED! Doe1203286 4 ASARCO Contnctor Policy Appendix 9 ASARCO ELP 0012992 10. A safety discipline, warning letter, suspension or termination or other appropriate written notification is to be utilized in disciplining employees for unsafe acts. 11. Each employee is to be informed on established emergency procedures so that he/she may render voluntary assistance in case ofserious injury, fires, evacuation, etc. 12. Every contractor employee is required to wear personal protective equipment, as mandated by applicable regulations, and ASARCO site policy. Minimum requirements for personal protective equipment are referenced in Section H. 13. All "air contaminants" regulated areas are marked throughout the Facility by posted signs. Approved respirators must be worn in these regulated areas by all contractor employees. Although the Facility has extensive controls to minimize air contaminants, systems can malfunction, or employees may be working in an area where controls are not feasible. Contractors must emphasize that employee protection depends upon proper respirator use. Again, in instances where ASARCO voluntarily provides respirators for contractor personnel, such action does not diminish or change the contractor's responsibility in connection with respiratory protection for its personnel, and such voluntary actions by ASARCO will be addressed in the contract 14. If a contractor's employees may be exposed to hazardous substances for which OSHA has established specific compliance requirements, in addition to the permissible exposure level, e.g., arsenic, cadmium, and lead, the contractor must develop a written compliance program that meets all applicable OSHA requirements, including the following: a. A descnption of each operation in which the hazardous substance is emitted, e.g. machinery used, material processed, controls in place, crew size, employee job responsibilities, operating procedures, and maintenance practices. b. A description of the specific means that will be employed to achieve compliance, including engineering plans and studies used to determine methods selected for controlling exposure, as well as, where necessary, the use of appropriate respiratory protection to achieve the Permissable Exposure Limit (PEL). c. A report ofthe technology considered in meeting the PEL. d. Air monitoring data that document the source of the regulated emissions. e. A detailed schedule for implementation ofthe program, including documentation such as copies ofpurchase orders for equipment, construction contracts, etc. Doc *203286 5 ASARCO Contnoor Policy Appendix 9 ASARCO ELP 0012993 f. A work practice program that includes all elements required by OSHA with regard to emergency situations and a written emergency situation plan, protective clothing and equipment, and hygiene areas and practices. g. Any other relevant information. h. An administrative control plan provision and schedule, if appropriate. i. A description of the compliance arrangements made between the contractor and any sub-contractors that assure subcontractor compliance with applicable regulations and with these requirements. The contractor's written compliance program must be updated at least every six (6) months, and more frequently if necessary. The contractor may be provided a copy of ASARCO programs to assist in the development of its own program. However, ASARCO's program can not be substituted for the contractors; and the contractor's program must address the specific iob/proiect at ASARCO's facility. E. Weekly Contractor Toolbox Safety and Health Meetings 1. The contractor will hold weekly safety and health meetings with the workers to discuss work practices and conditions related to safety and health. 2. Upcoming activities, additional materials such as health risk reminders or prior week's accidents, and the "topic ofthe week" will be provided by the contractor. 3. The contractor will make records ofthese meetings. 4. Attendance at these safety and health meetings is mandatory. Once established, the day, time, and location of these meetings should not be changed unless absolutely necessary. 5. Copies of records ofsafety and health meetings shall be available to ASARCO upon request F. Project Safety Bulletin Boards 1. hi order to promote safety and maintain a highly visible safety profile on the work site, contractors shall establish safety bulletin boards. 2. Bulletin boards will be of sufficient size to accommodate the following material: a. Appropriate Mine Safety and Health, Occupational Safety and Health, and Workers' Compensation information posters. Doc *203236 6 . ASARCO Contractor Policy Appendix 9 ASARCO ELP 0012994 b. Emergency phone numbers, e.g., fire department, ambulance, hospital, etc. c. ASARCO Site Safety Manual. d. ASARCO Independent Contractor Safety and Health Policy. e. Contractor Safety and Health Program. f. Appropriate safety posters. g. Green and white metal safety placard stating: NOTICE YOUR CONTINUED EMPLOYMENT ON THIS PROJECT IS DEPENDENT UPON YOUR WILLINGNESS TO OPERATE SAFELY. YOU MUST FOLLOW THESE SAFETY RULES. BELIEVE IN AND INSIST UPON SAFETY. h. Location o f Material Safety Data Sheets and name and phone number of person to contact (right-to-know). 3. Bulletin boards will be located where they are readily accessible, may be easily read by employees, and will not be destroyed. 4. Each contractor has the responsibility to see that the material on the bulletin board is current. G. SAFETY EQUIPMENT & POLICY 1. It is the responsibility of contractor and subcontractor management to assure stnct compliance with established safety rules, regulations and policies. 2. Safety offenders are to be disciplined and terminated when necessary. 3. The safety orientation or training held for all employees shall specify verbally that violations ofthe Mute Safety and Health Act, Occupational Safety and Health Act and/or ASARCO's Site Safety Manual and/or Contractor Guidelines may result in penalties up to and including termination. 4. It is the responsibility ofthe contractor to communicate, to all management and hourly employees, that safety and health is the number one priority on the job site. H. PERSONAL PROTECTIVE EQUIPMENT - Minimum Requirements for Contractors Doc *203286 7 ASARCO Contractor Policy Appendix 9 ASARCO ELP 0012995 1. Hard Hats: ANSI approved (Z-89.1) hats or caps. Aluminum headgear is not permitted. 2. Safety Glasses or Goggles: ANSI approved clear with'side shields appropriate to the job. No shade/tint glasses peimitted. No contact lenses are permitted in designated work areas. Note: Should your employee wear non-safety prescription glasses he or she will wear a pair of safety goggles (OSHA approved) over the glasses. 3. Hearing: Hearing protection devices, such as ear plugs or muffs, must be provided which provide protection that meets or exceeds OSHA standards. 4. Work Clothes (where applicable^: Contractors will furnish, clean and maintain all required work clothes. 5. fisspiratqg: a. Furnish, clean, and maintain appropriate respirators and cartridges that meet OSHA and ANSI standards. b. Contractor employees must be fit tested to ensure a proper face seal. c. Beards are not permitted. Contractor employees using respirators must be clean shaven daily to ensure proper face seal. 6. Work Gloves: Contractors will supply work gloves appropriate for the job and meeting all ANSI and OSHA standards. 7. Safety toe shoes: Must meet OSHA and ANSI minimum standards and be provided by contractors. 8. Burners: Welders will wear OSHA/ANSI approved fire resistant gloves, leathers, fire retardant jackets (long sleeve) and required eye/face protection when welding, and such protective gear will be provided by contractors. 9. Safety Belts and Lanyards: ANSI approved safety belts and lanyards must be worn at all times in areas where the danger of falling exists and contractors must provide them as required by OSHA standards. Workers must tie off, i.e., secure themselves to a part ofthe structure they are working on or a static line. 10. Acid Suits: Required in designated areas or in area where the potential for contact with acid exists, and OSHA required, ANSI approved suits must be provided by contractors. 11. Face Shields/Goggles: Must be worn when working with liquid metals, chemicals, or when safety glasses do not provide adequate protection. Doc#2032(6 8 ASARCO Contractor Policy Appendix 9 ASARCO ELP 0012996 t: Such protective devices must be ANSI approved, meet OSHA standards, and be provided by contractors. I. Mobile Equipment 1. Mobiie heavy equipment has the right-of-way. 2. Use installed seat belts while operating equipment 3. Do not exceed lifting capacities ofequipment. 4. Use hooks with safety latches only. 3. When using man lifts, fall protection must be in place. Safety protection checklists must be maintained for the condition of lift equipment. 6. Heavy equipment as well as light duty vehicles must be inspected at the beginning of each shift to ensure safe operating condition. Equipment operators must complete an "operator inspection card". Equipment found to have defects that affect safety must not be put into service until corrected. J. Flammable & Combustible Materials 1. Gasoline, diesel fuel, kerosene, and flammable solvents such as naphtha, xylene, or acetone shall be handled only in approved safety cans. Containers must be properly labeled and shall not be used for other purposes. 2. All oxygen and acetylene bottles shall be kept capped (except when gauges are in use) and secured in an upright position. Oxygen and acetylene shall be stored separately. 3. All hoses and gauges must be inspected before use. They must be separated by a minimum of20 feet or a fire wall with a bum rate of 1 hour. Fire fighting equipment must be provided and available in the work area prior to welding or cutting. 4. Compressed oxygen and fuel cylinders (tanks) must be kept upright and secured, with the regulator and valve caps on at all times. Hoses must be gathered and arranged to eliminate tripping or other hazards. 5. All flammable chemicals must be sealed in properly marked containers and stored in an OSHA approved cabinet K. Other Rules 1. Contractor employees are required to inspect their work sites for hazards prior to initiating work and perform repeated hazard inspections throughout the day. Doe *203286 9 ASARCO Contractor Policy Appendix 9 ASARCO ELP 0012997 t, V 2. Compressed air lines shall not be used to blow down clothing or clean work areas. 3. Contractor employees will notify the site supervisor of any exposed electrical contact points. 4. Crane hooks and headache balls shall not be ridden nor shall steel columns be climbed or used as a means of descent 5. When working overhead, a warning sign must be posted in a visible location and the area barricaded ifnecessary. Tools and materials must be secured to prevent them from falling below where they may cause an accident. 6. All tools and equipment must be physically inspected for damage. Those found to be unsafe must be taken out of service for repair. Power tools cannot have a lock-on switch and must be grounded. 7. All excavated fill must be kept a minimum of 3 feet away from the hole. An access/egress ladder must be in the hole any time an employee is working in the hole. The perimeter of the hole must be barricaded and warning lights used at night 8. Ladders must be the proper size for the job to be performed and equipped with safety shoes. Inspect each ladder for damage before using it Do not use a ladder that is broken or shows signs of fatigue! Take it out of service. Extension ladders will be tied offand secured against a stationary rest When climbing or descending a ladder, use both hands. 9. Scaffolds must be set up by qualified personnel only. Only appropriate scaffold sills, posts, and base plates will be used. Braces must be fastened securely. All stages or planks must have rails, toe boards, and cleats in accordance with OSHA regulations. 10. Guards, safety devices, and limit switches must be in place and operational before using any equipment 11. Do not remove guards or safety devices to operate any equipment. 12. . Use the appropriate device to block equipment being repaired. Never depend on hoist or chain blocks to do the job. 13. Use hand tools only for the purpose for which they were designed. 14. Regular housekeeping must be performed to avoid health or safety hazards. 15. In areas of potential toxic exposure, consumption offood, beverages or tobacco is prohibited. Doc<203216 10 ASARCO Contractor Policy Appendix 9 ASARCO ELP 0012998 16. In areas of potential toxic exposure, shoveling, dry or wet sweeping and brushing may be used only where vacuuming or other equally-effective methods have been tried and found not to be effective. 17. Construction projects with potential lead exposures must independently comply with OSHA's lead construction standard. L. Contractor Safety Representative: Each contractor will designate a Facility Contractor Safety Representative who will be directly responsible for safety and health within that contractor's scope ofwork. This representative will communicate with ASARCO to eliminate unsafe acts/conditions at the site as required by ASARCO's contract with the contractor. M. Contractor Safety Representative Must Be.Required To: 1. Conduct daily safety and health inspections ofwork areas to monitor contractor's safety and health activities. 2. Work with all subcontractors and their safety representatives to eliminate unsafe conditions and/or acts. 3. Assist with (but not limited to) the following: a. Attend the contractor's "Toolbox" safety meetings. b. Required employee training including voluntary first aid, CPR, self-rescuer, etc. c. Industrial hygiene, environmental and biological monitoring for noise pollution, air quality, blood levels, etc., as required. d. Development ofstatistical information for accident, injury, and illness tracking, trending and workers' compensation. N. Contractors and their subcontractors are responsible for the safety and health of their own employees and must: 1. Provide and execute all work in compliance with federal regulations, all state and local codes, ASARCO's Safety Manual and the Contractor Health and Safety Guidelines. 2. Provide and enforce the use ofrequired personal protective equipment. 3. Provide supervisory investigation reports for all accidents, property damage, and environmental incidents. 4. Attend orientation sessions addressing safety. 5. Schedule and attend weekly "Toolbox" safety meetings for all employees.11 Doc #2032*6 11 ASARCO Contract*- Policy Appendix 9 ASARCO ELP 0012999 6. Take immediate action to correct or protect against unsafe practices or conditions when discovered. 7. Comply with OSHA's Hazard Communication Program, Construction Industry standard for lead and all other standards applicable to specific hazardous substances. Walking and Working Surface Standards, and all other applicable OSHA or MSHA standards. 8. Report observed unsafe conditions or practices or violations ofjob security which are not within contractor's jurisdiction. 9. Inspect work places, tools and equipment as required by OSHA, MSHA, manufacturer, ASARCO Safety Manual, and this guide. 10. Provide a copy o f written safety program to ASARCO. 0. Statutory Safety And Health Requirements and Inspection: 1. The Mine and Occupational Safety and Health Acts (MSHA/OSHA) a. The contractor and its employees are expected to know the requirements of MSHA/OSHA and to work diligently to comply with applicable requirements. b. It is the contractor's responsibility to keep up with changes in MSHA/OSHA legislation and regulations and to comply with these changes. c. The safety and health regulations and standards promulgated by MSHA/OSHA, ASARCO's Site Safety Manual and these guidelines are considered to be the minimum performance acceptable for contractors while completing a contract for ASARCO. d. ASARCO facilities are regulated by MSHA and/or OSHA standards. Every effort to achieve compliance must be made by each contractor. The contractor must initiate immediate corrective action in the event a violation ofthese standards is discovered. 2. OSHA/MSHA Compliance Inspections . . . a. Periodically, MSHA/OSHA compliance officers may be required to inspect workplaces for the purpose ofensuring that employers are complying with the health and safety standards. b. ASARCO is to be promptly notified when an MSHA/OSHA compliance officer visits the site, or any telephone or written inquiry is received by the contractor from any MSHA or OSHA official. Doe 120336 12 ASARCO Contractor Policy Appendix 9 ASARCO ELP 0013000 c. An MSHA/OSHA compliance officer must present his/her credentials and state specifically the nature and scope of the visit d. MSHA/OSHA representatives must be treated in a courteous manner. e. Copies of any MSHA/OSHA citations, penalties, notices, orders, or correspondence issued to the contractor or subcontractor will be provided to ASARCO. Doc*203286 13 ASARCO Contnctor Policy Appendix 9 ASARCO ELP 0013001 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) CONTRACTFOR (Insen name ofjob) THIS AGREEMENT is made theday of, 199, by and between:________________________________________________________________________ whose address is: ___________________________________________________________________ (hereinafter called the "Contractor") and , whose address is:______________________________________________________________________ (hereinafter called the "Owner `V Whenever used in this Agreement, the terms "Owner" and "Contractor" shall include their respective directors, officers, employees, servants, affiliates, subsidiaries, agents, successors and assigns. The term "Contractor" shall also include any and all subcontractors and their officers, employees, servants, affiliates, subsidiaries and/or agents, suppliers and any other parties in privity with the Contractor or under the Contractor's direction or control in connection with the Work. WITNESSETH: The Contractor and the Owner, for and in consideration of the mutual covenants set forth herein, agree as follows: Article 1. Scope of the Work The Contractor shall furnish all such plans, shop drawings, field engineering, labor, materials, transportation, tools, equipment and other facilities in strict accordance with the requirements and provisions set forth herein and in strict accordance with the specifications, drawings and other requirements listed below and those drawings and specifications which may be supplied by the Owner or prepared by the Contractor at the Owner's direction subsequent to the execution of this Agreement and approved by the Owner. This Agreement, the Appendices hereto and all documents listed below are incorporated herein by reference and made a part hereofand are hereinafter referred to collectively as the "Contract" or the "Contract Documents." All work required to be performed under the Contract and the Contract Documents shall be referenced herein as the "Work" or the "Project" (Identify and Attach Specifications, Drawings and Other Requirements) ASARCO ELP 0013002 FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) Article-2. Time of Completion The Work to be performed under this Contract shall begin onand shall be substantially completed as defined in Article 5 by_______________ and fully and finally completed by, plus any applicable extensions oftime granted by the Owner. Article 3. The Contract Price The Owner shall pay the Contractor for the performance ofthis Contract, subject to any additions and deductions herein provided, the sum of dollars ($), in lawful currency ofthe United States ofAmerica under the conditions hereinafter provided. Article 4, Schedule of Values and Progress Payments Within ten (10) days after the effective date of this Contract, the Contractor shall submit to the Owner a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract price. The schedule ofvalues shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during, construction. Such prices will include an appropriate amount ofoverhead and profit applicable to each item of Work. Subject to the Owner's approval, the schedule of values will provide the basis for the Contractor's progress payments. As soon as practicable after the first day of each calendar month, the Contractor shall present to the Owner an invoice equal to the percentage ofthe total amount of the Contract which has been completed from the start of the Project up through the end of the preceding month, plus the cost ofmaterials purchased during the preceding month for the Project, together with such supporting evidence as may be required by the Owner. This invoice shall be based upon the schedule of values submitted by the Contractor. Subject to verification and approval of such invoice by the Owner, payment shall be due from the Owner on the thirtieth (30th) day after the Owner's receipt of an invoice from the Contractor. The amount due from the Owner to the Contractor shall be ninety percent (90%) of the total amount due under the Contract for the Work completed, less the total of previous payments. Upon the Owner's final acceptance of all Work required under the Contract, in accordance with Article 6 below, the Owner shall pay the Contractor a sum sufficient to increase the total payments to one hundred percent (100%) ofthe Contract price. Article 5. Substantial Completion "Substantial Completion" is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with all Contract Documents so the Owner can occupy or utilize the Work for its intended use. When the Contractor considers that the Work, or a portion thereofwhich the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Owner a comprehensive list of items ASARCO ELP 0013003 I. -v "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) Contractor a sum sufficient to increase the total payments to one hundred percent (100%) ofthe Contract price. Article. S. Substantial Cttmpleifan "Substantial Completion" is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with all Contract Documents so the Owner can occupy or utilize the Work for its intended use. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Owner a comprehensive list ofitems which remain to be completed or corrected relating to that portion ofthe completed Work. This list shall be identified by the Contractor as the "Contractor's Draft Punch list" Failure to include an item on such list does not alter the responsibility ofthe Contractor to complete all Work in accordance with the Contract. Upon receipt of fire Contractor's Draft Punch List the Owner will make an inspection to determine whether the Work or designated portion thereofis substantially complete. If the Owner's inspection discloses any item, whether or not included on the Contractor's Draft Punch List which in the Owner's opinion prevents die WoTk from being substantially complete, the Contractor shall complete or correct such item upon receipt of notification by the Owner. The Contractor shall then submit a written request for another inspection from the Owner to determine Substantial Completion. When the Owner determines that the Work or designated portion thereofis substantially complete, the Owner will prepare and provide to the Contractor a Certificate of Substantial Completion which shall establish the data ofSubstantial Completion, and shall fix the time (if a change is required in the date originally established for final completion) within which the Contractor shall finish any remaining items of Work itemized by the Owner. This listing ofremaining items ofWork shall be identified as the "Owner's Final Punch List" and shall be provided to the Contractor along with the Certificate of Substantial Completion. Article 6. Acceptance and Final Payment (a) Upon receipt of written notice from the Contractor that the Owner's Final Punch List is complete and the Work is ready for final inspection and acceptance, the Owner shall promptly make such inspection. If and when the Owner finds the Work fully performed and acceptable under the Contract, the Owner shall promptly issue a Certificate ofFinal Completion. After all appropriate adjustments have been made to the Contract price, the entire remaining balance shall be paid to the Contractor by the Owner within thirty (30) days after the date of issuance of said Certificate of Final Completion. (b) Before issuance ofthe Certificate ofFinal Completion, the Contractor shall submit evidence satisfactory to the Owner that all payrolls, material bills, and other indebtedness connected with the Work have been paid, and that the Work is free ofall liens sod encumbrances. The Contractor shall provide the Owner with releases ofclaims and liens for all ofits subcontractors. In the case ofdisputed indebtedness or liens, the Contractor must submit a surety bond satisfactory to the Owner guaranteeing payment ofall such disputed amounts when adjudicated. ASARCO ELP 0013004 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) Article 8. Insurance Certificate The Contractor shall deliver to the Owner, along with the signed Contract and prior to any equipment or personnel being brought onto the Owner's premises a Certificate of Insurance evidencing the insurance coverages described in Article 37 of this Contract. Articled. Compliance with Laws and Ordinances This Contract shall be performed and all equipment, goods, services or work furnished hereunder shall be produced, sold or delivered in strict compliance with all federal, state and local laws, rules, regulations, standards and other governmental requirements in effect as ofthe date hereofincluding, but not limited to, the Occupational Safety and Health Act of 1970,29 U.S.C. 651 at seq. (the "Occupational Safety and Health Act"), the Mine Safety and Health Act of 1977,30 U.S.C. 801 si seq. (the "Mine Safety and Health Act"), the statutes enforced by the United States Environmental Protection Agency ("U.S. EPA") and all applicable regulations and standards. The Contractor will furnish to the Owner certificates ofsuch compliance in a form acceptable to the Owner. Ifthe Contractor performs any Work or delivers any services or goods contrary to any laws, ordinances, rules or regulations, the Contractor shall bear all costs and expenses of any kind arising therefrom. The inclusion in this Contract ofany specific requirements or agreements to comply with specific laws, regulations or ordinances does not and is not intended to relieve the Contractor ofits obligation to comply with all laws, rules, statutes, regulations and ordinances. Article 10. Employment and Related l.aws To the extent the goods and services to be provided hereunder are being utilized by the Owner to fulfill obligations pursuant to a contract with die federal government or any agency thereofor to the extent otherwise applicable as a matter oflaw to the contracting and/or subcontracting ofservices or Work hereunder, the following provisions are incorporated by reference and the Contractor represents that it will comply with them: The Equal Employment Opportunity Act, E.0.11246 and 41CFR Secs. 60-1.4 and 60-1.7; die Employment ofVeterans Act, 41 CFR Sec. 60-250; and the Employment ofHandicapped Act, 41 CFR Sec 741-4, Drug Free Workplace Act of 1988 (Pub.L. 100-690); Walsh-Healey Public Contracts Act, 41 U.S.C. 35-45; Service Contract Act ofl965, as amended, 41 U.S.C. 351, et seq.; Americans with Disabilities Act of 1990,42 U.S.C. 12101. et seq.. such other laws or regulations as the federal government may require the Owner to flow down to its contractors; and all rules and regulations issued pursuant to the foregoing. Article.il. Intent of Contract Documents A ASARCO ELP 0013005 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) The intention of this Contract is to include all labor and materials, equipment, supplies, services and transportation necessary for the proper execution and completion ofthe Work. All services, materials, equipment, activities or Work that are not specifically identified in Article 1, shown on the drawings, stated in the specifications or other Contract Documents, or listed herein, but that are reasonably necessary for the proper completion ofall Work on the Project in accordance with the highest industry standards, shall be provided by the Contractor the same as if specifically identified in Article 1, shown on the drawings, stated in the specifications or other Contract Documents, or listed herein. Contract terms which have a well-known technical or trade meaning shall be interpreted accordingly. In the event ofany inconsistency, conflict or ambiguity between or among the Contract Documents, such conflict shall be resolved by referring to the Contract Documents in the following order ofprecedence: (1) the most recent change orders and written amendments to this Contract signed by the Owner and Contractor; (2) the terms and conditions ofthis Contract Article.12. Drawings and Specifications The Owner agrees to furnish, without charge to the Contractor, one (1) set ofreproducible specifications and prints of all drawings listed in the specifications. Where revised or additional drawings and specifications are prepared as hereinafterprovided, file Owner will furnish one (1) set ofsuch revised or additional drawings and specifications to the Contractor. The Owner agrees to furnish supplemental drawings as may be required to clarify the Contract drawings. Supplemental drawings shall neither enlarge nor decrease the scope ofthe Work. Where alterations in the Contract drawings and specifications affect the extent ofthe Work, the changes shall be governed as provided in Article 27 ofthis Agreement The Contractor agrees to furnish to the Owner for approval three (3) sets ofprints ofthe following drawings before proceeding with the Work covered therein: A All of the Contractor's drawings which are required or produced for this Project B. Any shop drawings, detail sheets or erection diagrams required for any phase of the Work. C. Certified dimension sheets, wiring diagrams and performance curves covering any equipment purchased by the Contractor for the Project The Contractor shall make any corrections required by the Owner in drawings submitted for file Owner's approval. The Owner's approval as to file design ofsuch drawings shall not relieve the Contractor ofresponsibility for errors or discrepancies ofany sort The Contractor also agrees to furnish to file Owner five (5) sets ofoperation and installation instructions and parts lists for all equipment furnished by the Contractor, not later than the date the equipment is shipped, including two (2) certified copies ofdimension sheets, wiring diagrams and performance curves ofsame. ASARCO ELP 0013006 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) As soon as the drawings referred to in subparagraphs A and B above are completed, checked and approved by the Owner, the Contractor shall furnish three (3) complete final sets of prints to the Owner. Upon completion of the Project and as a condition for final payment, the Contractor shall provide the Owner with three (3) sets of record drawings showing all as-built conditions on the Project. Article 13. Order of Completion and Schedules The Contractor shall complete any portion or portions ofthe Work in such order of precedence as the Owner shall require, and the time for completion ofthe various stages or divisions ofthe Work will be determined by the schedules issued by the Contractor to the Owner and mutually agreed upon by the Owner and the Contractor. Within ten (10) days after the effective date ofthis Contract, the Contractor shall submit to the Owner a preliminary progress and schedule indicating start and completion dates for the various stages or divisions of the Work. The Contractor shall be responsible for maintaining and providing the Owner with written schedule updates on at least a monthly basis or as otherwise requested by the Owner. The schedules and updates shall be prepared by the Contractor in a form acceptable to the Owner. Article 14. Contractor's Understanding To the extent reasonably practicable or consistent with trade or industry practice, the Contractor shall satisfy itself as to the nature, physical condition and location ofthe Work, including but not limited to all subsurface conditions, the character ofequipment and facilities needed prior to and during the execution or performance ofthe Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. The Owner's subsurface investigations (ifprovided) are made for design purposes only. The Owner does not warrant that the conditions indicated by these investigations are representative of those throughout the Work area, or in any part of it Where reasonably practicable or consistent with trade or industry practice, the Contractor is responsible to make its own subsurface investigation to determine the impact of the subsurface conditions on its Work. Information supplied by the Owner regarding subsurface conditions is provided to supplement the Contractor's own subsurface investigation, and such information is not to be relied upon by the Contractor. The Contractor's right to recovery or relief for any condition, whether or not anticipated, obvious or latent, shall be governed by Article 44 ofthis Contract and shall be limited solely to an extension oftire Contract performance period. Article IS. Utilities and Temporary Facilities ...........-The Owner will not supply-electricity,- water, light; power, steam, compressed air or other utilities required for construction purposes unless specifically so provided in the Contract 6 ASARCO ELP 0013007 FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) Where such items arc not supplied by the Owner/they shall be furnished by the Contractor, and the Contractor shall, in either case, be required to make the necessary connections, provide approved shut-offand safety devices and furnish and install all temporary lines required to bring them to the point of use. The Contractor shall construct and maintain all necessary temporary facilities for the completion of the Work. The Contractor shall provide and maintain adequate sanitary facilities at the Project site. Upon completion ofthe Work, all such facilities shall, unless the Owner shall otherwise direct, be removed from the premises and the site cleared. ArticleJ 6. Status and Responsibility of the Contractor and Its Personnel It is understood and agreed that the status ofthe Contractor and its subcontractors hereunder is that ofan independent contractor, that their personnel performing services or Work hereunder shall under no circumstances be deemed to be employees ofthe Owner, and that any Worker's Compensation Insurance coverage and Occupational Safety and Health Administration ("OSHA") or Mine Safety and Health Administration ("MSHA") training required for such personnel will be the sole responsibility ofthe Contractor. Notwithstanding the aforesaid understanding, the general instructions of the Owner in connection with accomplishing the Work `to be done hereunder shall be followed by the personnel ofthe Contractor. The Contractor shall at all times enforce strict discipline and good order among its employees, and shall seek to avoid employing on the Work any unfit person or anyone not skilled in the Work assigned to him. During the term of the Contract, it shall be the Owner's prerogative to require changes in the personnel of the Contractor's employees assigned to the Work when in the opinion ofthe Owner, their work is not conducive to the required scope of Work. If for any reason the Contractor's employees or any ofits subcontractor's employees or agents acquire a status imposing liability on the Owner for employers' contributions or taxes under the Federal Insurance Contribution Act, the Federal Unemployment Tax Act, any State Unemployment Tax or Wage Protection Act, any savings, profit sharing, pension, equity participation, or other benefit plans or for the violation ofany federal, state or local act, statute or regulation, then the Contractor shall be solely and exclusively liable for, and shall indemnify, defend and hold harmless the Owner against the same so as to relieve the Owner from any and all liability, loss or damage therefor and from the responsibility for making reports or keeping records with respect thereto. Article 17. Environmental Safety and Health Policy & Training By accepting this Contract and beginning performance hereunder, the Contractor acknowledges that providing a safe and healthy workplace and protecting the environment is the Owner's first priority. The Contractor further agrees that any ofits officers, agents, employees or subcontractors that enter the Owner's premises will be trained by the Contractor in the following areas: (a) applicable safety and health protection procedures, laws and regulations offederal, state and local governmental agencies, including but not limited to, OSHA and MSHA and/or 7 ASARCO ELP 0013008 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) their state or local equivalents; (b) applicable environmental protection laws, procedures and regulations enforced by federal, state and local governmental agencies including, but not limited to, the U.S. EPA and/or their state or local equivalents; and (c) the Owner's site policies, rules and procedures. Article 18, General Safety and Health Provisions a. The Contractor agrees to fully comply with all Owner control procedures relating to facility access, including but not limited to, employee identification and information requirements, sign in/out and Work initiation/tenninadon notification procedures. The Contractor agrees to comply with all Owner requirements applicable to the Contractor employee presence on site, including but not limited to, the use ofrespirators and personal protection equipment (e.g., hard hats, seat belts, gloves, safety glasses and coveralls) and the general safety and health provisions set forth below. The Contractor and its subcontractors and employees will complete and provide to the Owner the forms contained within Owner's Contractor Policy, and any other requested forms relating to safety, health and environmental protection. b. The Contractor shall designate ajob site representative to be its safety supervisor and that person shall be responsible for promoting safety, health, and accident prevention, interest in compliance with applicable laws, rules and regulations among its employees, and coordinating such activities with the Owner and any subcontractors and suppliers of the Contractor. c. The Contractor shall convey in writing and orally to its employees that they must notify the Contractor and the Owner immediately ofany safety or health concerns, newly discovered hazards or problems they may have at the Project, regardless ofwhether such concerns or problems relate to any job site policy, law, rule, regulation or any physical condition or process involving the Project premises or any circumstances, or any actions or inactions of the Owner or the Contractor. Upon receipt ofsuch notice from an employee, or as follow-up to any oral or written notice issued by the Owner to the Contractor's site personnel, the Contractor must notify the Owner in writing within twenty-four (24) hours, ofdie stated concern, hazard or problem and what corrective and/or protective action has been taken and/or remains to be taken to evaluate the problem, mitigate the problem, prevent its recurrence, and effectively communicate with affected employees. d. The Contractor acknowledges and agrees that it has been provided with and reviewed the Owner's Contractor Policy, safety and health rules and training materials and agrees to institute and follow such rules and apply them to the Work performed under this Contract e. The Contractor shall take all reasonable precautions to ensure the safety and health ofall persons working at the Project and all persons who may in any way be affected by the Work, including but not limited to:1 1. The Contractor agrees to limit its travel on the Owner's premises and facilities solely to that necessary for performing the contracted Work or services, and to be 8 ASARCO ELP 0013009 c.'V - "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) accompanied by the Owner's personnel, unless authorized in writing to be unaccompanied following initial Work site arrival. 2. The Contractor agrees to comply with the Owner's substance abuse policies. 3. The Contractor agrees to become familiar with and train its employees in the physical characteristics of the worksite, including, but not limited to, any hazards, restricted areas, protective measures and applicable emergency and evacuation procedures. . 4. The Contractor agrees to provide safe, functional equipment and and any training, testing or certifications that are necessary, appropriate or required to utilize such materials and equipment, including all equipment and tools needed to perform the job, and to provide approved personal protective equipment and clothing and respirators appropriate for the type ofWork and Work location. The Contractor also agrees to maintain such equipment, materials and tools in good working condition. 5. The Contractor agrees to be subject, at any time, to the Owner's Contract compliance monitoring, including inspections, testing, and the Owner's acceptance or rejection ofContractor-provided equipment, materials and tools employed or used to complete the Work. 6. The Contractor agrees to obtain the Owner's written approval ofits subcontractors and their employees before utilization on the Owner's premises. The Contractor must ensure that subcontractors meet the same safety and health requirements and provide the same information to the Contractor as the Owner requires ofthe Contractor. The Contractor in turn must provide copies of all such information to the Owner. f. The Contractor shall take all reasonable precautions to assure that it discovers, is made aware of and corrects any unsafe or unhealthy conditions, circumstances, actions or inactions that arise at the Project and that directly or indirectly affect any ofthe Contractor's personnel or the personnel of any other contractor or the Owner at die site. g. The Contractor shall promptly advise the Owner ofany investigation or inspection ofthe Project site or the Contractor's workplace by any federal, state or local governmental agency and shall permit the Owner to participate fully in such inspections, and shall provide copies ofinspection reports and notices ofviolations, and advise the Owner in writing ofthe progress and outcome ofany such inspection or investigation or related litigation. h. The Contractor shall immediately notify the Owner (and ifrequested provide a detailed written report) of every accident involving injury to personnel or occupational illnesses or damages to the Owner's property occurring in connection with the Work or on the Owner's facility, and agrees to assist the Owner with any accident investigation in which the Contractor ASARCO ELP 0013010 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) has any involvement by providing access to and preserving the Work area and by producing any and all related documents and records nnd any employees who have knowledge of, were involved in, or may have witnessed the accident for interviews. The Contractor also agrees to record and report all required information to all appropriate federal, state and local regulatory agencies and to provide copies ofsuch reports and information to the Owner. The Contractor shall also report to the Owner employee days and hours worked while on company premises. i. The Contractor acknowledges and agrees that any safety or health advice or training, inspections, safety or health equipment, health or biological monitoring or other safety or health services that may be provided or performed by the Owner for itself or the Contractor, its subcontractors or their employees is strictly voluntary and is provided solely to enhance safety and health in the workplace. Any such actions by the Owner shall not be alleged to change or diminish or relieve the Contractor or its subcontractors ofcontractual, legal or governmental responsibilities in these areas and shall not constitute, nor be alleged in any inspection, investigation or legal proceeding to constitute control, supervision or direction by the Owner of the Contractor's or its subcontractor's employees. j. The Contractor agrees to provide the Owner with its written safety program and certify that all required training has been completed in a timely manner pursuant to the applicable federal and state laws and regulations, and provide such completed forms as requested by the Owner to demonstrate compliance with this provision. k. The Contractor agrees to use and employ a safety and health program at least as comprehensive as that included in Owner's Contractor Policy and to conform to all requirements and information requests set forth in said policy. If additional precautionary requirements are agreed to, they are set forth in Appendix A hereto and the Contractor agrees to comply with them. Article. 19. General Environmental Provisions a. The Contractor is responsible for proper management, storage, removal and disposal ofall supplies and materials utilized in the Work and waste materials generated in the course ofperformance ofthe Contract pursuant to the Owner's rules, and all applicable laws, ordinances, rules, regulations, standards and/or other governmental requirements related thereto, including but not limited to, those ofOSHA, MSHA, the U.S. EPA, the Department of Transportation and all federal, state, municipal and local governmental agencies, and the applicable fire codes, including but not limited to, appropriate containers, labels, warnings and placards, and secondary containment for materials containing hazardous substances or petroleum. b. The Contractor may store supplies, materials and wastes only in areas designated by the Owner. The Contractor may not store any wastes on the Owner's property in excess of ninety (90) days. Ifthe Contractor utilizes any materials designated by federal, state or local law as a hazardous substance or hazardous waste, such materials must be stored in appropriate containers and spill control equipment must be available in the storage areas. 10 ASARCO ELP 0013011 FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) c. In the event of a fire or a spill or release of hazardous materials or wastes on the Owner's property, the Contractor will take actions necessary to prevent harm to the environment and human health, and immediately notify the Owner in accordance with the notice provision contained in Article 52, as well as the appropriate governmental authorities. d. The Contractor is responsible for all costs associated with removal and off-site disposal of all hazardous and non-hazardous wastes. The Contractor must inform the Owner in accordance with the notice provision contained in Article 52 at least ten (10) days before any waste material is transported off-site for recycling or disposal. . e. hi the event that the Contractor leaves any materials, supplies or wastes on the Owner's property (except those placed in a designated on-site land disposal unit with die Owner's written permission) after completion of the Work, said materials, supplies or wastes-will be disposed ofby the Owner at the Contractor's expense. f. Prior to commencement ofthe Work, the Contractor will provide the Owner with a Material Safety Data Sheet for ail materials and supplies to be utilized on the Owner's property in the course ofperformance of the Contract At the Owner's discretion, the Owner may require that the Contractor utilize a substitute product that is less hazardous. g. The Contractor is responsible for making all such Material Safety Data Sheets available to its own employees and those ofits subcontractors pursuant to the Occupational Safety and Health Act h. Unless the Owner provides prior written approval to the Contractor, the Contractor may not bring any materials onto the Owner's property nor utilize any products that contain the following substances: asbestos, chlorofluorocarbons (CFCs), chlorinated solvents, or polychlorinated biphenyls (PCBs). Article 20. Assessment For Contractor Violations And Audit Of Contractor Compliance The Contractor recognizes and acknowledges that violations by the Contractor ofhealth, safety, environmental and other statutory and regulatory authority may result in civil and/or criminal fines and penalties or in other damages and losses to both the Owner and the Contractor. The Contractor agrees that the Owner shall have the right to assess or backcharge the Contractor in an amount equal to that which OSHA, MSHA or U.S. EPA is authorized to assess for health and safety or environmental violations where the Owner reasonably determines that the Contractor, its agents, subcontractors or employees have committed such a violation. The Owner also shall have the right to inspect or audit the Contractor's records, conduct or actions during the performance ofthis Contract for the purpose ofmonitoring the Contractor's compliance with and enforcement ofthe terms ofArticles 17 through 20. The Owner's remedies against the Contractor for violation ofthe terms ofthis Article shall not be limited to those set forth herein. Article 21. Patents and Other Intellectual Property Rights11 11 ASARCO ELP 0013012 ''FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) The Contractor shall indemnify, defend and hold harmless the Owner against and from any and all clams, losses, costs, damages, expenses, actions or other proceedings growing out of or resulting from the alleged infringement or infringement of any patent or other intellectual property rights by the Contractor in the performance of this Contract. This provision shall not apply to patented articles or processes specified in drawings or specifications furnished by the Owner provided any such claim is not attributable to the Contractor's negligence in the use of such patented articles or processes. Article 22. Surveys. Permits and Regulations Ifinvolved in the subject matter ofthis Contract, the base lines and mean datum will be established by the Owner, the control lines and levels and all general layout Work will be the responsibility of the Contractor. All controls established by the Contractor shall be preserved and maintained throughout the life of the Contract. Unless otherwise specified, the Owner shall furnish all land surveys required. Permits and licenses ofa temporary nature necessary for the prosecution ofthe Work shall be secured and paid for by the Contractor. Permits, licenses and easements for any permanent structures or any permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall provide all notices required by law which bear on the conduct ofthe Work as drawn and specified. If the Contractor observes that drawings and specifications are at variance therewith, the Contractor shall promptly notify the Owner in writing. If the Contractor performs any Work knowing it to be contrary to any such law, rule or regulation, and without such notice to the Owner, the Contractor shall bear all costs arising therefrom. Article 23. Protection of the Public, the Work and Property The Contractor shall provide and maintain all necessary watchmen, banicadesfred lights and warning signs and take all necessary precautions for the protection and safety ofemployees on the Project, ofall other persons and ofadjacent private and public property. The Contractor at all times shall maintain adequate protection of the Woik from loss and damage and shall protect the Owner's property and all persons thereon from injury, damage or loss by reason of any act or omission of the Contractor or any subcontractor. .. In an emergency affecting safety, life or the Work or ofadjoining property, the Contractor is, without special instructions or authorization from the Owner, hereby authorized to act at the Contractor's discretion to prevent such threatened loss or injury. The Contractor shall also so act ifinstructed by the Owner. Any compensation claimed by the Contractor on account ofan emergency ofthis nature shall be determined by mutual agreement and failing which, shall be resolved pursuant to Article 45. 12 ASARCO fi p nnisnift "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) ' Article 24. Inspection of Work The Owner and its representatives shall at all times have access to the Work, and the Contractor shall provide safe and proper facilities for such access and for inspection. However, the mere fact that the Contractor's facilities or Work have been inspected is not to be interpreted as a determination by the Owner that the Contractor's Work is acceptable or .that Contract requirements have been waived. Ifthe specifications, the Owner's instructions, laws, ordinances or any public authority require any item ofmaterial, equipment or Work to be specially tested or approved, the Contractor shall give the Owner timely notice in writing ofits readiness for inspection. Ifdie inspection is by an authority other than the Owner, the Contractor shall give the Owner notice of the date fixed for such inspection. The Owner shall conduct all inspections promptly. Where practicable, such inspections shall occur at the source of supply. If any Work should be covered up by the Contractor before examination by the Owner without approval or consent of the Owner, it must, ifrequired by the Owner, be uncovered for examination and properly covered again at the Contractor's expense. Even though the Owner has examined a particular item of Work, the Owner may order re-examination ofsuch Work, and if so ordered, the Work must be uncovered by the Contractor. Ifsuch Work is found to be in accordance with the Contract, the Owner shall pay the cost ofre-examination and replacement Ifsuch Work is not in accordance with the Contract, the Contractor shall pay such cost Article25..Contractor's Covenants/Supervision and Snperintendence The Contractor shall maintain a competent staffat all times to supervise and perform the Work. The Contractor shall maintain on the Project during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Owner. Directions for contract compliance by the Owner may be given to the superintendent and shall be binding on the Contractor. Directions for contract compliance shall be confirmed in writing upon the written request of the Contractor. The Owner maintains the right to direct the Contractor to increase or modify the method or manner ofsupervision or superintendence on the Project ifit deems necessary for contract compliance. The Contractor shall use its best judgment and skill in dealing with labor matters, and take all reasonable steps to avoid labor disputes. In the event ofany strike or threat ofstrike, slowdown, featherbedding or other like practices, the Contractor shall apprise the Owner ofall relevant facts and implications ofthe particular labor problem involved, and shall consult in good faith with the Owner in an effort to reach a mutually satisfactory solution to such labor problem and, so fir as reasonably possible, to protect the Owner against delays affecting the Work or damage or losses to its other operators. Article 26. Qualification and Performance ofthe Contractor's Employees 13 J> ARARCO FI P OniRfllA FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) The Contractor shall at all times supply a sufficient number ofskilled workmen to diligently pursue the Work. Where required by applicable statutes, codes, rules, regulations and ordinances, all workmen engaged in such Work shall present evidence by certificate or otherwise that they are qualified to do the Work in conformity with such statutes, codes, rules, regulations and ordinances. Article 27. Changes in the Work The Owner, without invalidating this Contract, may at any time order extra Work or initiate changes in the Work by altering, adding to or deducting from the Work. Ifsuch extra Work or change involves a change in cost or in the time required for completion, the Contract price and Contract performance period shall be increased or decreased in accordance with the terms hereofand the instructions contained in Appendix B to this Contract The Owner will initiate the change process by issuing to the Contractor the form in Appendix B entitled "Change Order Directive Form" ("CODF"). The Owner shall describe or itemize in the CODF the changes to be made by the Contractor. Upon receipt of the CODF, the Contractor shall complete and submit promptly to the Owner, the "Contractor Change Order Proposal Form" included in Appendix B and include therein an itemized statement ofthe extension or reduction in the time for completion ofthis Contract which the Contractor deems reasonable, and die Contractor's calculation ofthe adjustment in the Contract price resulting from the changes or extra Work. The Contractor's calculation of its proposed adjustment to the Contract price shall be completed in accordance with the form in Appendix B entitled "Instructions For Preparing Change Order Proposal." The Owner and the Contractor both must execute the completed CODF to memorialize a change order. The CODF must be fully executed by the Owner and the Contractor before Work on the changes is begun unless the Owner issues a written order to the Contractor to proceed immediately with the Work identified in the CODF. Where the circumstances require it, the Owner shall have the right to direct the Contractor to use a pricing methodology other than that set forth herein. In the event the parties cannot agree upon the increase or decrease in the time for completion or in the amount of the Contract price adjustment under this Article 27, then the Contractor shall nevertheless proceed with the Work, including any extra Work or changes, and the dispute shall be settled in accordance with Article 45 hereof. Any dispute as to the amount of a change shall be resolved in accordance with the foimula contained in the form attached hereto entitled "Instructions For Preparing Change Order Proposal." No extra Work shall be performed or change shall be made except by written order ofthe Owner, and no claim for an increase in the Contract price or an increase in the time for completion shall be valid unless the extra Work or change was ordered in writing. The Contractor may initiate the change order process under this Article 27 by requesting that the Owner issue a Change Order Directive Form. However, unless the Owner issues a Change Order Directive Form to the Contractor, this Article 27 shall not apply to and shall not provide the basis for a Contractor-initiated change, constructive change or equitable adjustment request, or claims ofany nature, including but not limited to claims for changed conditions, 14 ASARCO ELP 0013015 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) ' differing site conditions, defective specifications, delay, disruptions, or loss of productivity and efficiency. Article 28, Warranty ami .Quality The Contractor warrants that all goods, materials and services shall: conform to the specifications, drawings, samples or other description agreed to by the Contractor and the Owner, meet the highest industry standards for merchantability and workmanship; be free from all defects; and comply with all applicable laws and regulations. All goods and materials incorporated into the permanent Work shall be new. Such warranties shall survive the Owner's inspections, tests and acceptance for a period of twelve (12) months from the date die Owner issues a Certificate of Final Completion covering the Work. The Contractor's obligations and die Owner's rights hereunder shall remain in full force and effect beyond the twelve (12) month period to cover any defects that are latent or could not have been discovered through reasonable use of the goods or the services provided. If any goods or services performed are defective or otherwise not in conformity with the requirements ofthis Contract, the Owner, in addition to its other rights including the right to recover direct, consequential or incidental damages, attorney's fees and costs, may reject the same for full credit or require proper correction, replacement or completion thereofat the Contractor's expense. All rejected goods may either be returned to the Contractor at the Contractor's expense, or may be held by the Owner for disposition at the Contractor's risk and expense. The Contractor shall at all reasonable times permit inspection and testing by the Owner of all items, work in process, materials and workmanship covered by this Contract The Contractor's warranty obligations shall survive termination. Article 29. Deduction for Uncorrected Work Ifthe Owner deems it inexpedient to correct Work that has been damaged through the fault or neglect ofthe Contractor, or that was not done in accordance with the Contract, an amount to compensate the Owner fully for such damage or non-compliance shall be deducted from the Contract price. If the parties cannot agree on the amount ofsuch deduction, it shall be determined in accordance with Article 45 hereof. Article 30. Correction ofWork Before Final Payment The Contractor shall, within ten (10) days ofreceipt ofwritten notice, remove from the premises all materials whether incorporated in the Work or not, and take down all portions ofthe Work, where the Owner has advised the Contractor that such materials or Work fail to meet Contract requirements. The Contractor shall within ten (10) days replace and re-execute the Contractor's own Work in accordance with fins Contract and without expense to the Owner and shall bear the expense ofmaking good all Work ofother contractors destroyed or damaged by such removal or replacement Ifthe Contractor does not remove such Work and materials within ten (10) days after service of written notice, the Owner may remove them and may store the materials at the expense ofthe Contractor. Iffile Contractor does not pay the expense ofsuch removal and storage within ten 15 ASARCO FLP 0013016 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) (10) days thereafter, the Owner may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall pay to the Contractor the net proceeds thereof, after deducting all the cost and expense that should have been home by the Contractor. Should such cost and expense exceed the auction or sale price, the Contractor shall pay such difference promptly to the Owner upon the presentation of a substantiating invoice by the Owner. The Contractor waives all rights to claim damages or any other remuneration, except as required by law, for sale of materials at auction or private sale. Any dispute under this Article shall be determined in accordance with Article 45 hereof. Article 31. Inspection and Correction of Work After Final Payment Neither inspection by the Owner or its representative, nor the Owner's Certificate ofFinal Completion or final payment, nor any provision in this Contract shall relieve the Contractor of liability for providing faulty materials or workmanship. Article 32, Owner's Right to Terminate Contract for Cause Any of the following reasons shall provide the Owner with a basis for terminating the Contractor's Contract for cause: (I) any proceeding is instituted by or against the Contractor seeking to adjudicate it as bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of its debts under any law relating to bankruptcy, insolvency or reorganization or reliefofdebtors or seeking the entry ofan order ofrelief or the appointment of a receiver, trustee or other similar official for it or any substantial part of its property; or (2) the Contractor admits its inability or fails to pay its debts generally, or shall make a general assignment for the benefit of its creditors; or (3) the Contractor at any time fails, refuses or neglects to supply enough properly skilled workmen or proper materials; or (4) the Contractor fails to make prompt payments to subcontractors or for material or labor; or (5) the Contractor disregards laws, ordinances or the instructions of the Owner; or (6) the Contractor violates any provision of this Contract; or (7) the Owner reasonably determines that the Contractor has not timely or satisfactorily performed its Contract Work. Ifthe Contractor shall fail to remedy any such default or deficiency to the satisfaction ofthe Owner within ten (10) days after the Owner's issuance ofwritten notice to the Contractor, then the Owner may, without prejudice to any other right or remedy it may have under this Contract or as a matter of law, terminate the employment ofthe Contractor for the Contractor's default and take possession ofthe premises and of all material, tools and appliances thereon and finish the Work by whatever method the Owner deems appropriate and expedient. Ifthe unpaid balance due on the Contract for Work performed to the date oftermination offoe Contractor exceeds all loss or damages ofthe Owner caused in whole or in part by the Contractor's default, including but not limited to, any financial losses or expenses incurred or suffered by the Owner as a result of a delay in completion ofthe Work and the expense of finishing die Wotk and compensation to the Owner for the Owner's managerial and administrative services, and attorneys' fees and expenses, then such excess shall be paid to the Contractor within a reasonable time after final completion of die Project Ifsuch loss or damages to the Owner shall exceed such unpaid balance, the Contractor shall not be entitled to payment of 16 ASARCO ELP 0013017 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) the unpaid balance and shall further pay to the Owner all damages incurred by the Owner which were caused in whole or in pan by the Contractor. Following termination, the Owner may complete the Contract Work and reprocure the necessary services for completing the Work, and the Contractor shall be liable for any additional damages or costs incurred by the Owner. Article 33. Owner's Right to Terminate Contract for Convenience (Without Can) The Owner may, at any time, terminate the Contractor's services under the Contract for any reason whatsoever or for its convenience by giving the Contractor not less than fifteen (15) days' written notice of termination setting forth the effective date oftermination. In the event of such termination, the Owner shall pay to the Contractor the balance due on the Contract price for Work actually performed, accepted and approved by the Owner prior to the effective Hgt* ofsuch termination, less payment previously made by the Owner on account thereofand less any damages or loss the Owner may have incurred as a result ofthe Contractor's performance or conduct. The Owner shall have the right to audit and review all amounts claimed by the Contractor pursuant to this Article. The Contractor shall not be entitled to demand any damages, consequential or otherwise, compensation or indemnity ofany kind as a consequence of such termination. Article 34. Removal of Equipment In the case of termination of this Contract before completion for any cause whatsoever, the Contractor shall promptly remove any part or all ofthe Contractor's equipment and supplies from the property of the Owner, failing which the Owner shall have the right to remove such equipment and supplies at the expense and at the risk ofthe Contractor, without liability ofthe Owner for any damage to, or loss of the same. Article 35. Use of Completed Portions The Owner shall have the right to take possession ofand use any completed or partially completed portions of the Work, notwithstanding the time for completing the entire Work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance or approval of any Work not completed in accordance with this Contract Article 36. Payments Withheld The Owner may withhold all or part of any progress or final payment to the extent necessary to protect the Owner from loss or damage on account oft a) Damaged or defective Work not remedied; b) Claims filed or reasonable evidence indicating probable filing ofclaims by other parties against the Contractor or die Owner; 17 ASARCO ELP 0013018 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) c) Failure of the Contractor to make payments properly to subcontractors or for material or labor: d) A reasonable doubt that this Contract can be completed for the balance then unpaid or within the time specified; e) Damage to the Owner's property or the work of another contractor; f) Failure of the Contractor to make satisfactory progress or to meet the established schedule or milestones; g) The Contractors violation of any applicable laws, ordinances, rules, regulations, instructions and/or other general regiments; and h) Any other penaity, tine, damage or cost incurred or sustained by the Owner or that may be incurred or sustained. Article 37, Contractor's Insurance The Contractor shall, for the mutual protection and benefit ofboth the Owner and the Contractor, procure, pay for and maintain in full force and effect, at all times during the performance ofthe Work through the Owner's issuance ofa Certificate ofFinal Acceptance of the Work, and for completed operations, policies ofinsurance issued by a responsible carrier or carriers acceptable to the Owner which afford the following coverages: a. Workers' Compensation - Statutory. b. Employer's Liability - Not less than $500,000. c. Comprehensive General Liability - Not less than $2,000,000 combined including Independent Contractors' single limit for both bodily injury Broad Form Contractual. Broad Form and property damage. Property Damage, Personal Injury, Completed Operations and Products coverages (such Completed Operations and Products coverages shall be provided for a period oftwo (2) years after final completion ofthe Work and final acceptance by the Owner), and deletion ofany exclusion pertaining to explosion, collapse, underground property damage, radiation and pollution hazards. d. Comprehensive Automobile Liability - Not less than $2,000,000 combined including Owned, Non-Owned, and single limit for both bodily injury IB ASARCO ELP 0013019 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) Hired Car coverages. and property damage. All policies, with the exception of Workers' Compensation, shall name the Owner, its subsidiaries, directors, officers, agents and employees as additional insureds, and shall expressly provide that the interest ofsame therein shall not be affected by any breach by the Contractor of any policy provision. All policies shall expressly provide that no less than thirty (30) days' prior written notice shall be given to the Owner in the event ofmaterial alteration to or cancellation of the coverages evidenced by such policies. Further, all policies shall contain endorsements waiving the insurer's right ofsubrogation against the Owner, its subsidiaries, agents and affiliated companies, and their directors, officers, agents and employees. Upon renewal of each policy, the Contractor shall provide to the Owner a Certificate of Insurance evidencing all of the provisions specified in this Article. The Contractor will maintain the original of all policies, endorsements and certificates, and provide the Owner with copies ofsame upon request ofthe Owner. Article 38. Indemnity bv the Contractor The Contractor agrees to indemnify, defend and hold harmless the Owner from and against all claims, suits or demands ofany kind and description, and from and against all alleged or actual damages, loss, fines or penalties which the Owner or the Owner's property may sustain, incur, suffer or receive and which arise or allegedly arise in whole or in part from the Contractor's performance under this Contract or from any other conduct, actions or inactions by the Contractor. The Contractor's indemnity obligations include, but are not limited to payment of all judgments, legal fees and expenses incurred by the Owner. The Owner's rights and the Contractor's indemnity obligations hereunder shall apply with full force and effect even ifthe Owner or any third party is or may be liable or responsible in part for the claim, suit, demand, damage, loss, fine or penalty sustained, incurred, suffered, or received. However, the Contractor's indemnity obligation shall apply for the amount and to the extent that the Contractor is at fault for or the cause ofsuch loss or damages. The Owner's rights and the Contractor's obligations hereunder shall survive the expiration or termination of this Contract The Contractor's duty of indemnity shall apply with full force and effect even ifthe Owner provides the Contractor with environmental safety, health and training materials, goods or services or otherwise voluntarily assists the Contractor in protecting people and property and meeting its compliance obligations hereunder. The Contractor acknowledges that any such services provided by the Owner are provided voluntarily and solely for the purposes ofassisting the Contractor in protecting the environment and people. Article 39. Surety Bonds Unless otherwise provided in writing by the Owner, the Contractor shall furnish a bond covering the frithful performance ofthis Contract and the payment ofall obligations arising 19 AfiAPnn fi p noirtn?n "FIXED PRICE" CONSTRUCTION ORREPAIRS CONTRACT (FORM FP-10/97) thereunder, in such form as the Owner may prescribe and with such sureties as it may approve. If such bond was required by instructions given prior to the receipt of bids, the premium shall be paid by the Contractor; if subsequent thereto, it shall be paid by the Owner. If any change in Work is authorized pursuant to the terms of this Contract, the Contractor will be solely responsible for securing and maintaining bonds reflecting such change. Article 40. Liens Where permitted by applicable law, the Contractor shall not file a lien or encumbrance on the property in connection with the Project. Where the applicable law prevents the Owner and the Contractor horn agreeing that the Contractor will not file a lien or encumbrance, neither the final payment nor any progress payment shall become due until the Contractor, ifrequired, shall deliver to the Owner a complete release ofall liens and claims arising on account of labor, materials, machinery or equipment in respect ofwhich such payment is to be made and an affidavit that so far as the Contractor has knowledge or information, the releases include all the labor and materials for which a lien could be filed. The Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner to indemnify the Owner against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall pay to the Owner all monies that the Owner may be compelled to pay in discharging such a lien, including all costs and attorneys' fees. Article 41. Assignment The Contractor shall not assign or sublet this Contract in whole or in part, nor shall the Contractor assign any monies due or to become due it hereunder, without the prior written consent ofthe Owner. Article 42. Coordination of Work The Contractor shall conduct and coordinate all Work on the Project so as to cause no interference when possible, or a minimum ofinterference when such interference is unavoidable, with the Owner's activities and operations. Where interference with the Owner's operations becomes absolutely necessary, permission shall be requested by the Contractor not less than seventy-two (72) hours in advance. When other contractors or the Owner's personnel are working on the Project on the immediate premises, the Contractor agrees to so schedule the Contractor's Work so as not to make it necessary for the Contractor to damage or otherwise alter any Wotk that has been completed by such other persons. Ifthe Contractor fails to do so, then die Contractor shall replace or repair the damaged Work at the Contractor's own expense and in a manner satisfactory to the Owner. Ifany part of the Contractor's Work depends upon the proper execution ofthe Work of any other person, the Contractor shall inspect and promptly report in writing to the Owner any defects in such Work that render it unsuitable for such proper execution and results. The w ASAROO FIP 0013021 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) ` Contractor's failure to so inspect and report in writing shall constitute an acceptance of such other Work as fit and proper for the reception of the Contractor's Work. Article 43. Subcontractors and Suppliers The Contractor will not employ any subcontractor without the prior written approval of the Owner, and the Contractor agrees to be responsible for any failure by the subcontractorto comply with the terms and conditions of this Contract which are in any way applicable to such subcontractor. Nothing herein shall be deemed to create a contractual relationship between any ` such subcontractor and the Owner or provide a basis for any claim by a subcontractor against die Owner. All ofthe Contractor's subcontractors and suppliers shall be apprised ofthe tarns and conditions ofthis Contract and shall he held liable, accountable for and subject to these terms and conditions in their own subcontract work and supply contracts to the same extent and degree that the Contractor is or would be liable, accountable for and subject to these terms and conditions in its Contract Work. It shall be the Contractor's duty to ensure that its subcontractors and suppliers accept and comply with the terms and conditions ofthis Contract and the Contractor shall supply to the Owner evidence ofsuch compliance in a form acceptable to the Owner or provide a basis for any claim by a subcontractor against the Owner. Article 44. Contractor Claims Ifdie Contractor is delayed, disrupted or interfered with or suffers damage or loss ofany kind at any time in the progress of the Work by an act or neglect ofthe Owner, or a separate contractor employed by the Owner, or by changes or alleged changes ordered in the Work, or by an event giving rise to a claim of any nature (except changes that die Owner initiates under Article 27 above), or by a force majeure event (as defined in Article 51), then the Contractor's sole remedy against the Owner shall be the award of a change order extending the Contract performance period for such reasonable time as the Owner may determine. All claims for extension ofthe Contract time shall be made in writing to the Owner no more than twenty-one (21) days after the occurrence of the event giving rise to the claim, otherwise they shall be waived. An extension of the performance period ofthe Contract, to the extent permitted by the Owner, shall be the Contractor's sole and exclusive remedy from and against die Owner for any and all damages, losses, expenses or costs (consequential or otherwise) sustained by the Contractor in connection with or arising from changes or alleged changes, delays, suspension, acceleration, hindrance, obstruction, unanticipated or differing site conditions, costs, durationrelated economic injury, loss ofproductivity, extended home office overhead or any damages or expenses ofwhatever type and amount to the Contractor. The Contractor hereby waives its rights to claim and be compensated for monetary damages, losses, expenses or costs (consequential or otherwise) in connection with, or arising from such events or circumstances. This Article shall not preclude the Owner from recovering from the Contractor all direct, consequential or other damages it may sustain, including but not limited to reprocurement costs that are caused by or arise in any way from the actions ofthe Contractor, its subcontractors or any oftheir officers, agents, affiliates or employees. 21 AfiAROO ELP 0013099 FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) Article 45. Disputes Claims, disputes or other matters in question between the parties to this Contract shall first be subject to mediation before arbitration. A demand for mediation shall be made within thirty (30) days after one party has notified the other party in writing that a dispute or claim has arisen. After the expiration of the thirty (30) day period, the patties may nevertheless agree in . writing to submit the claim or dispute to mediation. Any mediation shall be held in accordance with the Construction Industry Mediation Rules of die American Arbitration Association in effect when the dispute arises, unless the parties mutually agree otherwise. The mediation shall take place at a mutually convenient location in the city closest to the Owner's facility originating this Contract Demand for mediation shall be filed in writing with the other party to this Contract and with the American Arbitration Association. Any dispute or difference arising out of, or in connection with, this Contract which cannot be amicably settled between the parties by mediation shall be finally settled by arbitration under the Rules ofConstruction Arbitration ofthe American Arbitration Association. The arbitration shall take place at a mutually convenient location in the city closest to the Owner's facility originating this Contract The resulting decision of the arbitrators shall be final and binding on the parties. Judgment upon any award rendered by the arbitrators may be entered in any court havingjurisdiction thereof. In no event shall the demand for mediation or arbitration be made after the date when institution oflegal or equitable proceedings based upon such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Article 46. Title Title to all Work completed or in the course of construction shall be in the Owner; and title to all machinery, equipment and materials to be incorporated in the Work shall be in the Owner as soon as they are delivered on the site of the Project Articic.47, Technical Information The term "technical information" as used in this Contract includes, but is not limited to, technical data, reports, models, drawings, specifications, operating manuals, designs, computations, formulas, apparatus, processes, patentable or unpatentable inventions and other engineering data. The Contractor agrees to accept the Owner's decision as to whether any particular information is technical information which has been made or conceived under this Contract It is understood that in the course ofthe Contractor's performance hereunder, the Contractor may Ieam or have access to technical information offoe Owner. Unless otherwise required by law, the Contractor agrees that it and its personnel will keep in confidence all such technical information ofthe Owner and will not use or disclose the same without the Owner's written consent, either during the term ofthis Contract or at any time thereafter. The Contractor agrees to disclose to the Owner all technical information made or conceived by it or its personnel in performance, or resulting from performance, under this 11 A3ARCO ELP 0013023 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) ' Contract. The Contractor agrees that ail such technical information or inventions made or conceived by it or its personnel shall become and remain the free and unrestricted property ofthe Owner and that the Contractor shall assign or cause the same to be assigned to the Owner. The Contractor agrees that it and its personnel will keep in confidence all such technical information made or conceived by the Contractor or its personnel and that the Contractor and its personnel will not use or disclose the same without the Owner's written consent, either during die term of this Contract or at any time thereafter. S The Contractor agrees, upon the request and at the expense ofthe Owner, to make or cause its personnel to make applications for patents in such countries as the Owner may designate on those of the aforesaid assigned technical information or inventions which the Owner believes to be patentable and to assign all such applications to the Owner or its order; and to give the Owner, its attorneys and solicitors all reasonable assistance in preparing such applications, and in prosecuting such applications in the patent office or offices involved and in defending and enforcing any patent that may be issued upon any such application; and to execute all papers that may be reasonably required in the prosecution ofsuch applications or to vest in the Owner or its assigns said inventions, applications and patents. Article 48. Cleaning Up The Contractor shall at all times keep the premises free from accumulations ofwaste material or rubbish caused by the Contractor or die Work. At die completion ofthe Work, the Contractor shall remove all of its rubbish, tools, scaffolding and surplus materials from and about the site and the Contractor shall leave the Work "broom clean" or its equivalent, unless more exactly specified. Article 49, Adaptability of Plans and Specifications Except in the case of patented products for which there is no adequate substitute, the Contractor will not, without the prior written approval ofthe Owner, prepare any drawings or specifications or do any engineering or planning for the prospective use or installation ofany tool, piece ofequipment, or material in the Work which is ofsuch a character that such drawings, specifications, engineering or planning could not be used with equal facility in connection with the product ofall or most manufacturers ofsuch tools, equipment or materials, or any substitute therefor. Article SO. Engineering Approval The Contractor agrees to order no material or equipment and to do no actual construction, and to permit no Work to be done by any subcontractor or supplier ofmaterials or equipment until the drawings relating thereto, the lists and specifications ofmaterials, the equipment to be used and the supplier have been approved by the Owner. During construction, the Contractor shall make no substitution ofmaterial without the prior written approval ofthe Owner. Article SI. Force Maieure 23 OOI302A ASARCO elp "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) "Force majeurc" shall be any cause beyond the control ofthe parties hereto which they cannot reasonably have foreseen and guarded against Force majeure includes but is not limited to, acts of God, labor disputes, financial crises, fires, riots, civil commotions or civil unrest, incendiarism, interference by civil or governmental authorities, and acts ofwar (declared or undeclared). Should any dispute arise between the Owner and the Contractor regarding a force majeure event such dispute will be resolved pursuant to Article 45 ofthe Contract. Article 52. Notice Written notice shall be deemed to have been duly served if delivered by hand or sent by certified or registered mail, in each case to the address or addresses of each party set forth on the first page of this Contract and to the attention offile facility, plant, or contract manager as appropriate. Also, where written notice is required under the Contract from the Contractor to the Owner, the Contractor shall also send separate notices to the Owner's Plant Manager, Project Manager and Environmental Manager at the plant address set forth on the first page ofthis Contract. Each party shall advise the other in writing ofany applicable address change. Article 53. Governing Law This Contract including all Contract Documents as well as performance and all disputes hereunder, shall be governed by and construed in accordance with the laws ofthe state or commonwealth where the Owner receives the beneficial use ofthe Work. The Owner shall be deemed to receive the beneficial use of the work at the permanent location where the structure or facility is being or will be constructed. Article 54. Entirety ClauseAVatver The terms and conditions of this Contract constitute the sole, exclusive and entire agreement between the Owner and the Contractor. Any modifications must be set forth in writing and signed by the Owner's and the Contractor's duly authorized representatives. Ifany provision herein is held to be invalid by any competent court, the remaining provisions ofthis Contract shall survive and remain in full force and effect Any waiver by the Owner ofany term, right or obligation under this Contract shall not be construed as a waiver for all purposes or for all subsequent opportunities for performance under this Contract 24 ASARCO ELP OO13025 "FIXED PRICE" CONSTRUCTION OR REPAIRS CONTRACT (FORM FP-10/97) IN WITNESS WHEREOF, the parties by their duly authorized representatives have executed this Contract and entered into this Contract on the dates set forth below. The date provided below by the final signatory to this Contract shall be the effective date of this Contract. , CONTRACTOR By:_______ Print Name: Address: Title: Date: By: _______ Print Name: Address: .OWNER Title: Date: 25 ASARCO ELP 0013026 SUPPLEMENTARY CONDITIONS TO THE CONTRACT 1.01 All protective equipment required for all employees and Owner's representative the IH and any authorized visitors shall be provided by the Contractor. 1.02 Contractor shall submit construction, proposed completion, and proposed work schedule to the IH at the pre construction meeting. 1.03 Contractor shall post competent person at entrance to regulated area at all times during working hours'. After working hours and when regulated area has been established Contractor shall post security guard at entrance to regulated area. The primary duty of person at entrance to regulated area is to prevent anyone from entering regulated area without wearing proper protective equipment and otherwise complying with all applicable requirements in this Project Manual. 1.04 Contractor hereby agrees to indemnify and hold Sun Cfty-Analytical and Asarco free and harmless from any obligations, costs, claims, judgments,' attorneys' fees, anaaftachments arising from or growing out ofthis any damage to property or injury or death to persons (in'cliidiijg any damage or injury caused to property or person ofany party including any employee ofContractor and/or associated with companies and/or any third party) arising from or growing out ofthe performance oftheseservices under this Contract, except when the same are caused by the willful misconduct or negligence of file Consultant. 1.05 Conflicts and questions arising throughout airyjasbestps abatement activities will be resolved on a basis of whether an asbestos or non-asbestos related atfjnrity is involved. Any asbestos related conflicts and questions will be governed by the appropriate project manual sectionsJJDtherwise, the Owner's supplementary and/or up-front "boiler plate" documents and any bthefrion-asbestos-related sections ofthe project manual will be applicable. 1.06 As the representative of the Owner, the IH shall perform air monitoring of all areas of work to insure compliance with this Project Manual and all applicable asbestos laws. This air monitoring does not relieve the contractor from monitoring required for compliance with all applicable asbestos laws. IH has the right to take action or.direct Contractor to take whatever means deemed necessary to protect the environment, persons in the work area, and the general public when his air monitoring results indicate non compliance airborne concentrations of Asbestos fiber levels established by this Project Manual or applicable asbestos laws. IH shall retain at site daily air monitoring results for Contractor, Contractor employees, on regulatory agency to view at their discretion. In the event ofanyjob-related injury, requirements offirst aid or accident the IH shall be notified and Contractor shall take appropriate action. 1.07 When Contractor Crew consist of personnel whose predominant language is not English Contractor shall insure: A. All training respiratory, supervisor, worker, etc., is conducted in predominant language. Contractor shall submit proof of all documents and proofthat workers passed appropriate test. B. All instructions and safety procedures and emergency instructions shall be posted in both English and Sun City Analytical, Inc. (c)copyright 1999 6 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013027 Spanish. Contractor shall have an interpreter fluent in English and dominant language for communications between IH and workers. C. All workers shall be under direct supervision of fluent interpreters especially in the regulated area. 1.08 The following airborne fiber levels have been established for IH to use as grounds for stoppage ofabatement work or and/or ordering immediate clean up of all area A. When air samples reveal 0.20 F/CC in containment IH may warn Contractor of high levels and may stop work if he continues to exceed 0.20 F/CC in containment. B. When air samples reveal 0.01 F/CC inside clean room or during load-out IH shall stop work and insure proper clean-up procedures are used. C. Any time air samples reveal air levels of greater than 0.01 F/CC outside regulated area, work must stop until corrective action is taken. 1.09 Contractor shall complete project in accprdance with dates set forth in Project Schedule included in this project manual. Ifbidder fails to finish project in said dates, he is liable to ASARCO, Inc. or have deducted from funds owed, as liquidated damages the sum offive hundred ($500.00) dollars per day for Consultant and/or Air monitoring costs per day for each calendarday ofdelay until the project is substantially completed. Sun City Analytical, Inc. (c)copyrighl 1999 7 ASARCO, Inc. El Paso PowerHouse 4/99 ASARCO ELP 0013028 recommendation will be accepted). 2. Name of contact person on at least one on going abatement project. 3. Notarized statement that offerer's firm or company performing work for the past three (3) years has not received any notice of violation regarding compliance with any applicable asbestos law. If notice ofviolation has been received by the offerer, circumstances involved should be described in the notarized letter for consideration by the Owner and its Consultant. B. Proof ofpersonnel qualifications, training and experience: 1. Submit Texas State Contractor License to be able to do asbestos abatement work in Texas. 2. Submit name of supervisor and alternate to be used on project. Submit his current medical, EPA approved supervisor training certificate, and Texas State License. This will be used on TDH 10 day notification. 3. Submit name of every worker to be used on project. Submit his current medical, EPA approved worker training certificate, and Texas State License. BID ITEM 1: Remove and dispose ofasbestos containing material described inpage 12 in SECTION 01010 item 1.03 (B) as shown on drawing AA-1. Price includes all work specified in the plans, specifications and any addendum. `Dollars $ UNIT PRICES: Additive/Deductive Unit Prices ....... ACM THERMO removal Full Containment $ Der LF\ > - .* Dollars oer LF ACM Tank Removal $ ner SF Dollars Der SF ACM THERMO removal glovebag procedure S DerEA Dollars oer EA Respectfully submitted: (Finn Name) By (Authorized Signature) Finn's Address: (Title) Seal ____________________________ Son City Analytical, Inc. (c)copyright 1999 Phone () 9 ASARCO, Inc. EJ Paso Power House 4/99 ASARCO ELP 0013030 ACTIVITY Advertisement Bid Advertisement Pre-bid walk-thru Bids Due Bids Open Contract Award Pre-Construction Begin Project Project Complete Final Acceptance TBA = To Be Announced PROJECT SCHEDULE ASARCO Power House DATE AND TIME BY INVITATION ONLY By invitation only April 29th, 1999 10:00 a.m. (MDST) May 11th, 1999 ll:OO.a.m. (MDST) ...A - V, May 11th, 1999 ,4r>. ll:00'a.m. (MDST) V 'j v Public Openingi;';^|;:::5iV?;:?;:(:. TBA ' TBA June 1,1999 8:00 a.m. (MDST) June 25, 1999 3:30 p.m. (MDST) June 25, 1999 3:30 p.m. (MDST) END OF THIS SECTION Sun City Analytical, Inc. (copyright 1999 10 LOCATION BY INVITATION ONLY By ASARCO ASARCO 2301 Paisano El Paso, Texas Sun City Analytical 1409 Montana El Paso, Texas Sun City Analytical 1409 Montana El Paso, Texas ASARCO 2301 Paisano El Paso, Texas ASARCO 2301 Paisano El Paso, Texas ASARCO 2301 Paisano El Paso, Texas ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013031 SECTION 01010 SUMMARY OF WORK PART I-GENERAL 1.01 Statement ofWork: The work consists offurnishing all labor, plant, and materials and performing all work in strict accordance with this plan. Work shall include but not be limited to: preparation, removal of ACM pipe and fitting insulation, tank insulation, debris, (using full containment or glovebag procedures) and all OSHA, EPA airmonitoring andair sampling. Where there is a conflict ofapplicable laws or this specification. Contractor shall immediately notify Owner or his representative the owners representation the industrial hygienist (IH). 1.02 Project Objectives: A. Remove asbestos containing materials from areas described in Scope of Work, Drawings, and this Project Manual. B. No individual shall be exposed to asbestos or fiberglass fibers in excess ofthe shown in these specifications. C. The Contractor shall insure that no asbestos contamination occurs outside any containment erected. D. The Contractor shall insure that all asbestos waste is djsjjqsdd'ofin accordance to these specification and all applicable laws. All construction waste contaminated with asbestos containing waste from this project shall be disposed of in an EPA approved landfill. ,;3p E. The Contractor shall document all activities pertaining to this project in accordance with these specifications and all applicable laws. At the conclusion ofthe project, contractors^ submit this documentation to the Owner after it has been reviewed by the Industrial Hygienist F. The Contractor shall insure that all speci#pecautions,ils^ted in these documents, have been taken to protect electrical motor control centers and other electrical equipmentpn the first floor work area. 1.03 Scope of Work: A. Remove asbestos from the areas shown at the pre-bid conference, in the drawings, and in the specifications and addenda. Bidder must field verify types, location, quantities, and access to ACM and any other special or unusual circumstances during the mandatory pre-bid conference. Bidder shall be responsible to base its bid upon actual types, quantities and conditions present at the project site. B. The purpose of this project is to completely remove all specified asbestos materials from the areas shown on the drawings, specifications, addenda and pre-bid conference. BID ITEM 1; 1. Removal and disposal of asbestos containing THERMO pipe Insulation, flue insulation, tank insulation, cement insulation from areas identified on the plans and specifications (please refer to drawing AA1). Price includes all work specified in the plans, specifications and any addendum. 2. The Contractor is responsible for removing the metaljacket covering over pipe and tank insulation. Contractor is responsible for removing and replacing metal floor grading to access piping and decontamination under certain motors orpumps. These areas shall be shown at the mandatory walk through. Sun atj Analytical, Inc. (c)copyright 1999 11 ASARCO, Inc. El Paso Power House 4/99 ASARCO FI P 001S032 3. In some areas the pipes are at a distance of 15 feet or more above the floor level. The Contractor shall insure the proper OSHA fall protection requirements are met 4. The following is an approximate quantities: POWERHOUSE a. b. c. d. e. f. & h. i. 2,350 l.f. of themo pipe insulation 880 s.f. of tank and large valve insulation 360 s.f. offlue insulation.-i 50 s.f. cementitious material 125 large fittings 253 small fittings 700 s.f. duct insulation. 200 l.f. tunnel insulation 30 l.f. pipe insulation in pump house TUNNEL ' \ . a. , 18Ql;f, of thermo insulation and decontamination of tunnel. PUMP HOUSE .fgSk a. .;v60 l.f.offhemo insulation on pipes inside the pump house and .'{outside the pump house. C. Additive/Deductive Unit Prices for work de^cribaijnti the specifications for Asbestos Abatement at ASARCO Power House. If a De^uctiwe`''pnce:yaries from the Additive price than Contractor shall state so. BIDDER must submrpfirfif pric&-;"feiese unit prices shall be used to calculate any additions or deletions to this contracf'and will hearsed to make the final determination on the successful bidder. ' -kSW- END OF THIS SECTION Sun City Analytical, Inc. (c)copyright 1999 12 ASARCO, Inc El Paso Power House 4/99 ASARCO ELP 0013033 c.'V - SECTION 01030 SPECIAL PROCEDURES OR CONDITIONS 1.01 The ASARCO Power House A. Before beginning abatement the Contractor shall do the following: 1. Insure that all high voltage is turned off and locked out with appropriate safety tags. 2. All electrical facilities will be covered with 6 mil polyethylene. Some high voltagepower boxes are located belowpiping in certain areas and shall beprotected against water damage. 3. Obtain written approval from the Building Owner representative before beginning work. 4. Minimum respiratory protection necessary for all asbestos removal at this project site shall be PAPR. 1.02 Alternate Procedures A. Any alternate abatement procedure other'than those specified herein shall be submitted in writing to IH for approval. IH has final authority to approve or disapprove or discontinue any procedure used if it violates any provision of this specification or applicable asbestos regulations. B. Any alternate procedure shall provide equal to or greater protection than the procedure it is intended to replace. 1.03 Pre-abatement Inspection : J&j feV'.t A. Contractor shall inspect the work area and shall documentaiiitems which are broken or inoperative, and those which shall be retained by Owner which includes computer equijmKnt on shelves in some rooms. ITiis Contractor inspection is intended to protect the Contractor from arty ciaims'matfe ify the Owner following the completion of the Scope of Work. The results of the Contractor's inspection shall btffepprted to the Owner prior to initiation of the Scope of Work. ' *i;-' 1.04 Schedule ofabatement a. The contractor shall maintain a minimum crew of 4fully accredited asbestos workers and 1 fully accredited asbestos supervisor on site at ailtimes during theproject. This workers shall insure they are registeredat thefront gateprior to entering theplant. b. Contractor shall insure that his working hours coincide with the working hours ofthe ASARCO Plant The Plant is closed at 3:30 and all contractor employees should be at thefront gate at 3:30. Contractor is responsiblefor securing his area prior to leaving thefacility. c. Contractor shall begin asbestos abatement on June la, 1999 andbe completed by June 25th 1999. 1.05 Site Security A. The Contractor shall provide a qualified site security during all the abatement phase. The intent ofthis precaution is to guard against unauthorized entry into the regulated areas as well as a fire watch. 1. Site Security shall have EPA certification to enter the containment 2. Site Security shall have an OSHA physical. 3. Site Security shall have communication equipment to notify the IH, contractor, fire and or police ifthe need arises. Sun City Analytical, Inc. (c)copyright 1999 13 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 001303d 4. Site Security shall have a state license to do asbestos work. 5. Site Security shall be licensed as a TDH worker as a minimum. B. Site security personnel shall ensure that air filtration equipment is operational at all times, shall restrict unauthorized entry into the regulated area and ensure that the containment is intact at all times. Site security personnel shall keep a daily log of all events. 1.06 Emergency Repairs A. The Contractor shall immediately notify the IH ofany damages, repair any pipe leaks, or electrical failures that might occur during abatement. B. All personnel on job site shall know where a telephone is located and what the emergency phone number are. C. Emergency phone numbers shall not be limited to but shall include the Industrial Hygienist (IH), Project Manager, Contractor, Etc). All emergency phone numbers shall be posted at the control center. 1.07 Medical Emergencies /'S'd-.. A. The Contractor shall provide at least one personjptf sheJttio is qualified in First Aid and Cardiac Pulmonary Resuscitation (CPR). The contractor shall subnut tfuSpersons name and qualification to the IH at the pre-construction meeting. 1.08 Rental Equipment " A. The Contractor shall obtain writtenpermission for anyreiitalequipment (includes rental trucks or vehicles) to be used on the asbestos project. The rental company shall be notified ofthe intended use ofequipment and shall submit notice to the Industrial Hygienist (EH) that the equipment may be osdd on this asbestos abatement project. The Industrial Hygienist (IH) has the right to reject any rental equipment thatdoes not confirm with said letter ofunderstanding. The Contractor assumes all liability for failure to disclose the use of rental equipment for an asbestos abatement project. 1.09 Patented Products A. The Contractorshall submit a license orequivalent, orwritten permission to use any patentedproduct and/orprocedure in connection with this project. In the event that no patented product and/or procedure is used, the contractor shall submit a notarized statement acknowledging that he is not using patented products or procedures on this project. The contractor assumes all liabilities for failure to disclose the use of a patented product and/or procedure. 1.10 Electrical Work BEFORE ANY ELECTRICAL WORK IS PERFORMED ON ASARCO PROPERTY, THE CONTRACTOR SHALL OBTAIN WRITTEN PERMISSION FROM THE ASARCO POWER HOUSE SUPERVISORY PERSONNEL. A. All ofthe electrical work shall be performed by either a licensed electrician or a licensed apprentice electrician under direct supervision of a licensed electrician. All electrical work shall meet electrical code requirements. B. Any electrical work performed in the regulated area shall be done by a licensed electrician who has met the requirements of OSHA1926.1101, AHERA 40 CFR 763 (24 hour worker Course), OSHA medical exam, respirator fit test and any license required by any Local, State or Federal Asbestos Law. Sun City Analytical, Inc. (cjcopyrighl 1999 14 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013035 1.11 Special Garments and Training A. Before any contractor personnel are allowed on ASARCO property they are required to attend a safety orientation course provided by the ASARCO safety personnel at no cost to the contractor. To schedule this course, contractor shall contact Ms. Peggy Munsell at (915) 521-3640. B. All contractor personnel are required to wear long sleeve shirts, boots, hard hat, safety eye wear, hearing protection and a half face respirator with dual HEPA filters. ASARCO will not provide this equipment. Any personnel not complying with this policy shall be barred from entering the premises. 1.12 Noise Hazard A. ASARCO, Inc. has designated the Power House as a high noise area. This project involves working around this high noise area. Contractor shall, at no cost to its employees, provide hearingprotection throughout the duration of this project ,. B. The owners representative has the authority to enforce this hearing protection program. 1.13 High Heat and High Pressure Steam Line Hazard A. Theproject involves working around high pressure stecan lineswith super heated steam. Contractor shall insure that allpersonnel are made aware ofthe dangersdfworleoig with high pressure steam andsuper heatedpipes. The areas were the contractor are working will be 'shut off, however there are otherpiping systems still active inside the working areas. Contractor shall tag this pipes and insure that all employees do not disturb thesepipes. 1.14 Landscape A. The Contractor is to ensure that his personnel and equipment do not damage or litter the exterior of any building requiring Work under this Contract. Any damage to the environment shall result in monetary damages or replacement by the Contractor. If the possibility of any such damage exist, the Contractor shall submit to the IH a written explanation ofthe expected damages and the physical location where the damages are expected to occur. The Owner may, at his option, waive the Contractor's responsibility for protection of that portion ofthe landscape. B. Contractor shall ensure daily that the exterior of the buildings are organized and free of objects, material, or waste generated by his work or personnel. C. All authorized construction waste containers will be dumped upon being filled to capacity. Overflow ofwaste will not be permitted. 1.15 Building Interior A. The Contractor shall be responsible for the replacement and/or repair ofany damages to areas ofthe buildings which are not scheduled for removal or demolition in the plans and specifications. Ifthe Contractor, after on site inspection ofthe work specified, expects any damages to unspecified areas, the Contractor shall submit along with the abatement plan an explanation of any expected damages. This abatement plan is subject to approval by the Owner and/or his Representative (IH). Son City Analytical, Inc. (c)copyright 1999 15 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013036 1.16 Heat Stress A. Contractorshallberesponsibleforproperlytraininghispersonnelunder 1926.21 regarding Heat Stress. Thefollowing chart enclosed (Heat Stress) shall be posted on the emergency bulletin board located in the control center. B. Contractor shall insure that the workers in containment are allowed frequent breaks outside the containment or at the discretion of the Industrial Hygienist or the employee. 1.17 Precedence Regarding Conflicts And/Or Questions A. Conflicts and questions arising during the bid phase and throughout any asbestos abatement activities shall be resolved on a basis of whether an asbestos or non-asbestos related activity is involved. Any asbestos related conflicts and questions will be governed by the appropriate project manual sections. B. Otherwise, the owner's supplementary and/or up-front "boiler plate" documents and any other non-asbestos related sections of the project manual shall be applicable. . _ / iS" C. Conflicts and questions which the selected Contractor fitils to bring to the attention ofOwner and/or Consultant prior to being awarded the contract shall not be considered/'^"' v;.;.. 1.18 DISPUTE RESOLUTION: A. In an effort to resolve any conflicts that arise daring the construction of the project or following the completion of the project, the owner and contractor agree that all disputes between them arising out of or relating to this agreement shall be submitted to non-binding mediation, unless the parties mutually agree otherwise. Mediation shall be prior to the initiation of arbitration or litigation.' l-` B. Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. END OF SECTION Sun City Analytical, Inc. (c)copyright 1999 16 ASARCO, Inc. El Paso Power House 4/99 a a nnn pip nni nnrt~z SECTION 01043 PROJECT COORDINATION 1.01 Work Requirements: A. The contractor shall schedule his'work-hours to accomplish the abatement as specified in this project manual, drawing and any addenda. Contractor shall not perform any work on days other than those specified working days without the written permission ofthe owner. B. Before starting work at any location the Contractor shall inform the Owner and his representative the . Industrial Hygienist (IH) or his authorized representative of the intent to start such work. Strict adherence with NESHAPS 10 day notice is required. C. Before beginning any work under the contract thg .Contractor shall provide in writing to the Owner and the IH the name ofthe person assigned as project supervisor and alternate. Ifa different person is assigned during the performance period, writtennotification and all documentation required under these specifications shall be provided to the'ljl before the new person assumes responsibility as project superintendent. <j7r >" D. Working Conditions: 1. The contractor shall visit the atC'td thorpyghly familiarize himselfwith all the details ofthe work and the existing conditions; and tbwerify all dimensions in the field. The Contractor shall notify the IH, in writirig, when a discrepancy is found in the contract drawings, specifications, and/or field conditions. 2. The contractor will not be compensated for any unauthorized work. 3. The contractor shall maintain the interior and exterior ofthe building clean of any and all debris that result from the performance ofthis project. 4. The contractor shall insure safe working conditions and abide by all applicable OSHA safety regulations during the performance ofthe contract with the occupants in the building. S. The Industrial Hygienist (IH) on site does not have the authority to approve any additional work or change the scope ofwork set forth in these documents. Contractor shall not be paid for any unauthorized work. For any additional work or change of scope of work the Contractor shall follow the directions for addition work set forth in these documents. Sun CHy Analytical, Inc. (c)copyright 1999 17 ASARCO, Inc. El Paso Power House 4/99 AftARco fi p nnirman t: 1.02 Personnel Qualifications: A. All Contractor personnel involved with this project must be trained and have EPA approved certification showing they are fully qualified to do asbestos removal. Contractor shall ensure every worker is thoroughly familiar with the standard operating procedure ofthe Contractor for abatement work and with all Applicable Laws. All personnel shall have current OSHA (1926.1101) medical examinations and be trained in the use and care of respirators. Anyone without the proper qualifications listed herein shall not be allowed to work in the abatement area at any time. 1. Experience using Occupational Safety and Health Administration (OSHA), and/or Environmental Protection Agency (EPA) recommended asbestos removal methods. 2. Shall not have previous history, during the last three years ofabatement projects started and completed by the Contractor, of any "Serious" (OSHA) fines and/or notices of violation regarding compliance with asbestos removal procedures by any State, Local, or Federal Agency. \ . -;gfp 3. Shall have, as a minimum, a project manager and/or foreman having a working knowledge and three years experience in asbestosfelatgd projects, This shall include but not be limited to meeting requirements of 1.03 Bvofthis Jfection. 4. Contractor shall be licensed to do work in the State of Texas. B. Supervisor Qualifications are as follows. _ :r ' - *ii 1. Meet requirements of OSHA competent person. 2. Must have knowledge ofmethods and procedures ofthe removal, treatment, handling, and disposal of asbestos and asbestos containing materials and subsequent cleaning of affected environment. 3. This person shall be knowledgeable ofFederal, State and Local regulations pertaining to the handling of asbestos. 4. This person shall remain on the job site and in immediate contact with those under his supervision during all phases of this project. The supervisor shall be inside the asbestos containment at least 25% or the the time supervising the actual asbestos abatement. Whenever the site supervisor leaves the job site, the IH has the requirement under TDH to stop work until the supervisor returns to site. Any and all extra cost arising from said event shall be the responsibility ofthe Contractor. 5. Persons shall have current OSHA Medical & EPA approved Supervisors Certificates. 6. Shall have a Texas State License to work as a supervisor. 7. Proofthey have attended ASARCO safety and orientation course. C. Worker Requirements: 1. Meet requirements of OSHA (1926.1101). 2. Must have knowledge ofmethods and procedures ofthe removal, treatment, handling, and disposal of asbestos and asbestos containing materials and subsequent cleaning of affected Sun City Analytical, Inc. (c)copyright 1999 . 18 ASARCO, Inc. El Paso Power House 4/99 aqapnn pi p nni^n.^o environment. 3. This person shall be knowledgeable ofFederal, State and Local regulations pertaining to the handling offriable asbestos. 4. Workers shall have current TDH license, OSHA 1926.1101 medical & and fit testing certification. The workers shall also have the EPA, AHERA current refresher certification as well as a copy oftheir original certification as an AHERA workers on site as per TDH and ASHARA. 5. All workers shall have State License to do work as an Abatement Worker. 1. Proofthey have attended ASARCO orientation: 1.03 Permits: A. The contractor shall obtain all necessary permits from the City Building Inspection Department, Police, Fire Department and any other Agencies haying Jurisdiction prior to commencement ofwork. Some permits required are, but .not limited to: 1. Electrical Permits where new or reinstalled electrical devices are performed. 2. Building Permits where any structure'pfthefbuilding is disturbed. This includes removal of asbestos pipe insulation. .fc;ir 3. EPA NESHAPS10 day notice shall be signed and smt bv owner. Contractor nor consultant are allowed to send notification. . V 4. Texas State Health Departmenl^o^jjp^v. 5. Local permits such as fire, poHii6&cP^c&,y _ END OF THIS SECTION Son City Analytical, Inc. (cjcopyrighl 1999 19 ASAKCO.Inc. El Pud Power House 4/99 ASARCO ELP 00130410 SECTION 01091 DEFINITIONS AND STANDARDS 1.01 Applicable Publications: A. The regulations listed below form a part ofthis specification to the extent referenced. The regulations are referred to in the text by basic designation only. The following regulations shall be on site during all operations ofthis project. B. OSHA Regulations: 1. 29 CFR 1910.20 Access to Employee Exposure and Medical Records 2. 29 CFR 1910.134 Respiratory Protection 3. 29 CFR 1910.1001 OSHA - Asbestos Industry Standard. 4. 29 CFR 1926.1101 Asbestos, Treipolite- '-. Anthophyllite, and Actinolite Construction Standard. A'3' 5. 29CFRPartsl910and 1926 Occupational Eiqjosure to Asbestos, Tremolite, Anthophyllite, and Actinolite; Final Rules; Amendment-|'4fe'>'` 6. 29 CFR 1910.1200 Hazard Communications:, 7. 29 CFR 1910 Occupational Safety and Health' Standards 8. 29 CFR 1926.55 Gases, Vapors, Fumes, Dusts and Mists 9. 29 CFR 1926.57 Ventilation 10. All applicable OSHA regulations such as but not limited to Heat Stress, Noise, Electrical Standards (Lockout and Tagout) Scaffolding, Ladders, OSHA 200, Slips, Trips, and Falls, and Fire Safety-Contingency Plans. C. Environmental Protection Agency 1. 40 CFR 61 Subparts A & M (Revised Subpart B) National Emission Standards for Hazardous Air Pollutants. 2. 40 CFR Part 763, Subpart E Asbestos Containing Material in Schools; Find Rules and Notice. 3. 40 CFR Part 763, Subpart G Asbestos Abatement Projects; Worker Protection; Final Rule. Sun City Analytical, Inc. (c)copyright 1999 20 ASARCO, Inc. Ei Faso Power House 4/99 ASARCO ELP 00130411 4. Environmental Protection Agency (EPA) Publication, Guidance for Controlling Friable Asbestos-Containing Materials in Buildings, June 1985. D. Department ofTransportation (DOT): 1. 49 CFR Part 173, Subpart J. 2. 49 CFR 172 Hazardous Materials Tables & Communications Regulations 3. 49 CFR 178 Shipping Container Specification E. American National Standards Institute, Inc., (ANSI), Standards: 1. ANSI Z88.2-1980 Practices for Respiratory Protection 2. ANSI Z9.2-1979 Fundamentals Governing Design & Operation ofLocal Exhaust Systems - : ^i||? F. Testing Standards 1. NIOSHMethod7082Lead , . r'- 2. NIOSH Method 7400 Fiber Analysis ofAsbestos using PCM 3. NIOSH Method 7402 Fiber Analysis of Asbestos using TEM 1.02 Definitions: A. Abatement - Means all activities associated with the control ofAsbestos containing materials for Buildings during removal. B. ACGIH - American Conference of Governmental Industrial Hygienists 6500 Glenway Avenue Building D-5 Cincinnati, Ohio 45211 C. AIHA - American Industrial Hygiene Association, 345 White Pond Dr. Akron, Ohio 44320 D. Aggressive Air Sampling - Means using extreme efforts to simulate actual building conditions. Occupancy characteristics by causing air circulation patterns with equipment such as fans or leaf blowers. E. Airlock - A system for permitting ingress and egress with minimum air movement between a contaminated area and an uncontaminated area, typically consisting oftwo curtained doorways separated by a distance of at least 3 feet such that one passes through one doorway into the Sun City Analytical, Inc. (c)copyright 1999 21 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013042 airlock, allowing the doorway sheeting to overlap and close offthe opening before proceeding through the second doorway, thereby preventing flow through contamination. F. Air Monitoring - Means the process of collecting air samples on a fiber membrane cassette and then having them analyzed to determine the number of fibers present. Analytical results are expressed in terms offibers per cubic centimeter of air. G. Air Monitoring Professional - A specially trained individual, who has successfully completed a NIOSH 582 Training Course, employed by the Owner, who is qualified by education'and/or experience to obtain and test air samples in and around the work areas to determine airborne concentrations of asbestos fibers. H. Amended Water - Water to which surfactant has been added. Surfactant should be 50% polyoxyethylene ester and 50% polyethylene ether according to EPA recommendations. I. A.N.S.I. - American National Standards Institute, ,1430 Broadway, New York, New York 10018. J. Asbestos - means a mineral that readily separates into long flexible fibers suitable for use as a noncombustible, nonconducting or chemically distant material. Asbestiforms include chrysotile, amosite, crocidolite, tremolite, anthopjryllite,[aiid actinolite. K. Asbestos Containing Material (A^'-'Kiateiiafcomposed of asbestos of any type and in an amount greater than 1% by weight, either alone^or mixed with other fibrous or non-fibrous materials. 1 L. Asbestos Containing Waste Material - Asbestos containing material or asbestos contaminated objects requiring disposal. M. Asbestos Fibers - Means asbestos fibers longer than 5 micrometers. N. Asbestos Project Manager - An individual designated as the Owner's representative and responsible for overseeing the asbestos abatement project. O. Asbestos Worker - Means employees that meet all the requirements outlined in OSHA Regulations 29 CFR 1926.1101. P. ASTM - American Society For Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. Q. Authorized Visitor - The Building Owner [and any designated representatives] and any representative ofa regulatory or other agency havingjurisdiction over the project. R. Bidder - Each prospective Contractor who bids on the work specified herein, and has been pre- Sun City Analytical, Inc. (c^opyrigjil 1999 22 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 00130/13 qualified by Sun City Analytical,Inc. S. Building Owner - Owner ofthe building or his representative. T. Bulk Sample - The collection ofany building material section suspected of containing asbestos. A small portion ofsuspected material is removed from sample area and placed in a plastic bag or air tight container. U. CIH- An Industrial Hygienist who by virtue oftheir education and passing the American Board of Industrial Hygiene Core Examination in either the Comprehensive Practice or an Aspect Examination has been given the right to use CIH by AIHA. V. Clean Room - An uncontaminated area or room which is a part ofthe worker decontamination enclosure system with provisions for storage, of worker's street clothes and clean protective equipment. "'Mi-? W. Clean Air Sample - Means air sample collected immediately followingthe completion ofcorrected action. These samples are routinely collected tt>";determine the effectiveness of the corrected action and establish the contractual reqinrementi.bfacceptable fiber concentrations levels prior to breaking down of abatement control area. ;p| X. Containment - When used in this spedfig^pi^imeans the same as regulated area, shrouding, bubble, temporary enclosure, or c&ntrollfrd area.;-.The means ofusing plastic to establish work areas and using air filtration pressure to prevent fiber contamination ofbuilding and occupants. Y. Contractor - Means any contractor that has been pre-approved by ASARCO and Sun City Analytical, Inc. Z. Control Center - Means the area in close proximity ofthe entrance to the regulated area where the supervisor or outside man is stationed. This center should be where all documentation required by specifications are, along with emergency numbers and first-aid kits, are available. AA CSP - A Safety Professional who by virtue oftheir education and passing the Board ofCertified Safety Professionals Core Examination has been given the right to use CSP by BCSP. AB. Curtained Doorway - Means a device to allow ingress or egress from one room to another while permitting minimal air movement between the rooms, typically constructed by placing two overlapping sheets ofplastic over an existing ortemporarily framed doorway, securing each along the top ofthe doorway, securing the vertical edge ofone sheet along one vertical side ofthe door and along the opposite vertical side ofthe doorway. Other effective designs are permissible. AC. Designated Decontamination Area - Means an area designated by the Industrial Hygienist (IH). The area is used for the purpose ofdecontaminating asbestos contaminated objects and shall be Sun City Analytical, Inc. (c)copyrigbl 1999 23 ASARCO, Inc. El Faso Power House 4/99 ASARCO ELP O01 304.4 located adjacent to the work area and meet Industrial Hygienist (IH) approval. AD. Designated Clean Area - Means an area designated by Industrial Hygienist (IH). The area is within site of the work area free of any asbestos for the purpose of storing decontaminated objects. AE. Designated Holding Area - Means an enclosed area designated by Industrial Hygienist (IH). The enclosure is used for the storing ofsealed containers ofasbestos containing materials and asbestos contaminated waste. AF. Decontaminate - Means to remove all visible asbestos dust from the surface to be decontaminated by the means ofdamp cleaning and/or vacuuming with HEPA filtration equipment. AG. Encapsulant - A liquid material which can be applied to asbestos containing material which controls the possible release ofasbestos fiberfprom the material either by creating a membrane over the surface (bridging encapsulant) or&y. penetrating into the material and binding its components together (penetrating encapshlaht)^;; mha AH. Enclosure - The construction of an airftight, impermeable, permanent barrier around asbestos containing material to control the release ofasbestos fibers into the air. AI. EPA - U.S. Environmental Proteq|Dp;^^^4|bl M Street S.W., Washington, D.C. 20460 AJ. Equipment Decontamination Enclosure System^ Means that a portion of a decontamination enclosure system designed for controlled transfefpfmaterials and equipment into or out of the work area, typically consisting ofa washroom and holding area. AK. Equipment Room - A contaminated area or room which is part of the worker decontamination enclosure system with provisions for storage ofcontaminated clothing and equipment. AL. Filtered Exhaust System - A portable exhaust system equipped with HEPA filtration and capable of maintaining a constant low velocity air flow through contaminated areas from adjacent uncontaminated areas and maintaining a lower pressure in the containment area as compared to the adjacent uncontaminated areas. AM. Fixed Object - A piece ofequipment or furniture in the work area which cannot be removed from the work area. AN. Friable Asbestos - Asbestos containing material which can be crumbled to dust, when dry, under hand pressure. AO. HEPA Filter - Means High Efficiency Particulate Air Filter that is capable of trapping and retaining at least 99.97 percent of all mono-dispersed particles of0.3 micro meters in diameter Sun at}- Analytical, Inc. (c)copyright 1999 24 ASARCO, Inc. El Peso Power House 4/99 ASARCO ELP 0013045 or larger. AP. HEPA Vacuum - Means a special type ofvacuum cleaner used in the abatement project that must be equipped with a HEPA filter. AQ. Glovebag - Means a special purpose custom containment bag with protective gloves and arm sleeves, tool pouch and side port for the use ofrepairing or removing pipe insulation. AR. HVAC - Means heating, ventilation and air conditioning system. AS. Industrial Hygiene - "Is that science and art devoted to the recognition, evaluation, and control ofthose environmental factors or stresses, arising in or from the work place, which may cause sickness, impaired health and well-being, or significant discomfort and inefficiency among workers or among the citizens ofthe community." AT. Industrial Hygienists (EH) - Ah individual whoeducation or experience has gained competence in the field of industrial hygiene. In this.matiual the IH is the owners representative and/or the air monitoring professional. 'j|: AU. Movable Object - A piece ofequipment or furniture in the work area which can be removed from the work area. , AV. Air Filtration System - A portable e^hausTsystn'equipped with HEPA filtration and capable of maintaining a constant low velocity air flow into contaminated areas from adjacent uncontaminated areas. s&'ir AW. NESHAPS - The National Emission Standards for Hazardous Air Pollutants. AX. NIOSH - The National Institute for Occupational Safety and Health. CDC -NIOSH Building J N.E. Room 3007 Atlanta, GA 30333 AY. OSHA - The Occupational Safety and Health Administration, 200 Constitution Avenue, Washington, D.C. 20210. For work in New Mexico the regional office the Environmental Improvement Division (505) 827-2452. In Texas the Regional OSHA office is 1-800-692-4202. AZ. Regulated Area - The demarcated areas in which asbestos train personnel activity takes place. This includes any area roped offby the contractor or owner with asbestos warning signs and/or tape. BA. Shower Room - A room between the clean room and the equipment room in the worker decontamination enclosure with hot and cold or warm running water controlled at the tap and suitably arranged for complete showering during decontamination. Sun City Analytical, Inc. (c)copyright 1999 25 ASARCO, Inc. El Po Power House 4/99 ASARCO ELP O01 30416 BB. Shrouding (Full) - Means the process ofcovering all the interior surfaces (floor, walls, doorways, windows, ceiling) ofa room with polyethylene sheeting. BC. Semi-Shrouding - Means the process of covering a portion ofthe interior surfaces (floor, walls doorways, windows, ceiling, etc.) of a room with polyethylene sheeting. BD. Surfactant - A chemical wetting agent added to water to improve penetration. BE. Tunneling - Means the forming of connected enclosed corridors with plastic sheeting for passageways between shrouded and/or semi-shrouded enclosures. BF. Visible Emissions - Any emissions containing particulate asbestos material that are visually detectable without the aid ofinstruments. This does not include condensed uncombined water vapor. BG. Waste Transfer Airlock - A decontamination system utilized for transferring containerized waste from inside to outside ofthe work area. BH. Wet Cleaning - The process of eliminating asbestos contamination from building surfaces and objects by using cloths, mops, or other'cleaningfrtensils which have been dampened with water and afterwards thoroughly decontaminated or'diijppsed ofas asbestos contaminated waste. BI. Work Area - Means the portion.pi.tfie building (or structure) comprised of the room(s) and connecting passageway(s) (such al other rooms; hallway, corridors, etc.) required to gain access to the designated material(s) to be removed. lml *i BJ. Work day - Means any day between the project start and the completion date, with the exception ofweekends. Weekends may become work days ifauthorized by the Owner. END OF THIS SECTION Sun City Analytical, Inc. (c)copyright 1999 26 ASARCO.Inc. El Paso Power House 4/99 ASARCO ELP 00130/17 SECTION 01300 SUBMITTALS 1.01 Submittal with Proposal A. Proof of Asbestos Abatement experience: 1. Documentation of at least 3 years experience using OSHA, EPA, 763 AHERA regulations (letters ofrecommendation will be accepted). 2. Name of contact person on at least one on going abatement project. 3. Notarized statement that offerer's firm or company performing work for the past three (3) years has not received any notice ofviolation regarding compliance with any applicable ' asbestos law. If notice of violation has been received by the bidder, circumstances involved should be described in the notarized letter for consideration by the Owner and its Consultant. , .' B. Proof of personnel qualifications, training.^dDexperience: 1. Submit Texas State ContractorCj6ens5i|tb> be able to do asbestos abatement work in Texas. J& 2. Submit name of supervisor dnd altern&fe to be used on project. Submit his current medical, EPA approved supervisor training-certificate, and Texas State License. 3. Submit name of every worj||rrt6ifie rised on project. Submit his current medical, EPA approved worker tfaining;bSitificatS'::^i<i:Texas State License. / 4;r 1.02 Submittals required 5 working days priOfto the Pre-Cdnstfuction Meeting. This submittal shall be sent to Sun City Analytical, Inc. at 1409 Montana in El Paso, Texas 79902. A. Prior to starting project Contractor shall submit to the Industrial Hygienist the following data on all materials, fixtures or equipment intended for use on this project. All material, equipment, and fixtures shall be approved by the Industrial Hygienist. Each item not meeting standard shall be repaired or replaced by Contractor at no added expense to Owner. Each item on the list submitted by the Contractor shall be clearly identified as to proposed location with appropriate reference to drawings and/or specifications. Catalogs, drawing and similar literature shall be clearly marked to identify the items as noted on the lists submitted, and shall be cross-reference therewith. Approval of such items will not relieve the Contractor ofthe responsibility for any error which may exist, as the Contractor shall be responsible for the dimensions and design of adequate connections, details and satisfactory construction ofall work. Contractor shall submit complete narrative, pictorial or manufactures' specifications and technical data brochure(s) to describe: B. All enclosures, shrouding complete with detailed layout of decon facilities, air filtration system units, emergency exit waste load out and control center. Son City Analytical, Inc. (c)copyright 1999 27 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013048 c. Air filtration system machines shall have the following: 1. HEPA filter set, along with primary and secondary filter. 2. Time meter and filter pressure drop gauge. 3. All accessories ofair filtration system as: automatic shut-down ifHEPA ruptures or air discharge is blocked, lockout to prevent usage without HEPA filter. 4. Air Filtration System pressure recorder, water gauge or equivalent for use to verify pressure differential. D. Work force to be used, supply number and work schedule for completion ofproject. Show back up personnel capabilities in the event Contractor falls behind schedule. E. Truck or vehicle to be used to transport ACM waste to landfill. Show load capabilities and condition ofvehicle. "' -.' F. Proof that EPA 10 Day Notice has beetfsubmitted. Also proof that local police and fire departments have been notified of project and conditions ofproject. G. Proofthat notice has been submitted for permission to dump waste at EPA approved Landfill. H. Decontamination center to be used- |Hs|5tS& 1. Pre-fab or portable showers to be used have Hot and Cold water taps, and made ofnon- porous materials. :v.: V^-v^-v ` 2. Waste water filtration system to be used that have 20 micron primary filter and 5 micron secondary filter. Also submit data on replacement filters. I. All respiratory protection equipment brochures describing: 1. Air purifying respirator with HEPA filters and NIOSH approval number. (Only to be used during preparation on this project). 2. Powered Air Purifying respirators with full-facepiece, HEPA filters and NIOSH number. 3. Type C Supplied air complete with full face piece, pressure demand regulator, NIOSH approval number, back up egress system. Panel board complete with compressor failure alarm, high temperature alarm, carbon monoxide alarm, in line filtration to assure Grade D air, low pressure compressor, and proper CO alarm calibration procedure. J. Submit samples ofthe following: 1. Fire Retardant plastic sheeting. 2. Duct tape. Sun City Analytical* Inc. (c)copyright 1999 28 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013049 3. Plastic bags. 4. Glove bag. 5. Warning signs, labels and barrier tape. 6. Disposable clothing. K. Submit brochures for other equipment and supplies: 1. Wetting agent (surfactant). 2. Encapsulants. 3. Plastic lined dram. 4. Vacuum equipment along with HEPA filter to be used. 5. Air sampling apparatus. 6. Ground fault interpreters. 7. Communication system between regulated area and control area. L. Contractor shall submit the TDH laboratorylicense and the individual license ofall air monitors to used on this project. Laboratory to be|irsed .Shall be capable of analyzing the air samples and have results to the field within in 2 hours daily,?;-S M. Submit company Standard Operating Procedureafor asbestos abatement projects. N. Submit company fire and emergency'prpojsiiu^and spill response plan. O. Submit company Respiratory Program.and Hazard Communicatons Program. .03 Submittals required Daily during Abatement: A. Daily, during the project the following items shall be maintained by the contractor and may be verified by the IH. B. Air monitoring results from previous day of sampling. The results shall be hard copy from the approved lab. All air sample results must be posted within twenty four (24) hours. C. Daily narrative log ofwork progress, to include delays, potential change orders, stoppage ofwork and results ofvisitors' inspections. D. Documentation of inspection of all areas and equipment. Contractor shall note corrections or planned actions for correction. E. Notification of any accident or emergency requiring a doctor's treatment or evacuation of any employee. F. Documentation ofall personnel entering and leaving regulated area. Sun City Analytical, Inc. (c)copyright 1999 29 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013050 G. Within 24 hours subnut the documentation of any ACM waste that has been taken to landfill. H. Updated construction schedule and abatement plan. I. Documentation offilter changes on respirators, HEPA vacuums, filtered Air Filtration System, and other engineering controls. J. When Grade D air is required Contractor shall provide compliance with OSHA 1910.134-and document that CO monitor is calibrated on daily basis. K. Site Security daily logs submitted to the IH. 1.04 Submittals Required at Conclusion ofProject A. Submit within five (5) days offinal ACM dumping the Texas waste manifest documenting landfill used and total amount ofACM that was buried. B. All air sample results from testing lab that wereiot previously submitted. C. A complete log book ofall documentation acquired during the project. Contractor shall insure that minutes offinal walk-thru withJH,'and Oryner are incorporated into final project documents along with corrective action taken Contractor. D. Complete written reports on proper OSHA forms of any accident, emergency or other safety and/or health incident. E. Summary of corrective actions taken ofpunch list, if any, drawn up by Owner and IH. 1.05 Disapproved Submittals: A. Submittal which have been disapproved, the Contractor shall re-submit within 5 days ofreceipt ofthe disapproved submittals. END OF THIS SECTION Sun CityAnalytical, Inc. (c)cop>Tight 1999 30 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013051 SECTION 01410 TESTING LABORATORY SERVICES 1.01 Air Monitoring and Sampling: A. General Requirements: Air monitoring and sampling shall be in accordance with standards and methods required by all applicable regulations. All air monitoring technicians and the testing laboratory shall be licensed in the State of Texas in accordance with 295.31 through 295.70 Texas rules and regulations. B. The Contractor shall obtain the services of an Industrial Hygienist or Professional Air Monitor specialized in air monitoring for the purpose of air monitoring and sampling. C. The Contractor shall retain a list ofqualifications and experience ofthe individuals who shall be responsible for air monitoring and sampling. : ,h D. Throughout the removal and subsequent- cleaning operations, AMBIENT (AREA) MONITORING will be conducted by theContractors representative to ensure compliance with all regulations and is conducting the wqiicjh a manner which minimizes airborne asbestos levels as well as minimizes the contaminatioii';Qfotheffeilities. Analytical results will be available at the Control Center." "'r* S' E. For each set of air samples submitted: io'tftelaboratory by the Contractor for analysis, the Contractor shall submit blank cassettes for analysis)(minimum of 10%). Each blank cassette shall be submitted as a part ofthe Coritractors's quality control program. F. The Industrial Hygienist (IH) may request to QC sample taken by the Contractor. The Industrial Hygienist (IH) will randomly ask for wedge of cassette filter or read a percentage of the Contractors samples. G. Air monitoring results shall include as a minimum for each sample the following: sample ID, laboratory ID, date sample taken, flow (liters/minutes), time (minutes), blank count (fibers/field), fibers/cc, detection limit (fibers/cc), location, employee's name, type ofactivity and the name of the analyst and the date the sampled was analyzed. H. All personnel samples for asbestos shall be in accordance with 29 CFR 1926.1101 and as specified in this manual. The Contractors shall sample employees who are anticipated to have the greatest risk of exposure as determined by the industrial hygienist. At least 25% of the work crew or a minimum oftwo employees, whichever is greater, during a work shift shall be sampled. Sun City Analytical, Inc. (c)copyright 1999 31 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013052 1.02 Third-party Air Monitoring: A. General Requirements: Third party area monitoring and project clearance for airborne concentrations of asbestos fibers during an abatement project shall be performed by a project monitor under contract to the building owner to collect samples by and for the owner of the facility being abated. B. Project monitors observe abatement activities performed by contractors and generally serve as a building owner's representative to ensure that abatement work is completed according to specification and in compliance with all relevant statutes and regulations. C. Project monitors perform the vital role of air monitoring for purpose of determining final clearance. D. Project monitor is required to Comply with'ASHARA, have EPA 5-day supervisor course, NIOSH 582 or 3-day Air Monitoring course,'the OSHA medical, TDH license. E. Schedule of Air Samples: 1. Baseline: The owner's represwatative^wl'secure the following air samples to establish a baseline before start ofwori^:|3&& The samples will be taken in accordance'with the following schedule: " .LOCATION '' ' ; liilg! , At the discretion ofthe Industrial Hygienist 3 VOLUME 1,250 liters / < 10 LPM Baseline shall be an ambient air quality level expressed in fibers per cubic centimeter (f/cc). The baseline results shall used for reference in establishing clearance criteria. The baselines or a level of<0.005 F/cc which ever is the least shall be the established clearance criteria. 2. Daily: From start ofwork through the end ofthe project, the owner's representative shall take the following samples on a daily basis. The samples should be taken in accordance with the following schedule: Son City Analytical* Inc. (c)copyright 1999 32 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013053 Inside containment Outside containment but inside the building At negative air unit discharge Immediately outside the entrance to the decontamination facility Outside the bag out facility (during gag out activities) VOUM Quantification by air monitoring professional (AMP) Quantification by the AMP Quantification by the AMP Quantification by the AMP Quantification by the 4AMP-; < 10LPM < 10 LPM < 10 LPM < 10 LPM <10 LPM 3. Additional samples may be talced'at the;'ij(wner's representative's discretion. If airborne fiber counts exceed allowed limits, additional samples may be taken as necessary to monitor fiber levels. r:';.,. ` 1.03 Methods ofAnalysis: k:ts " 8;:v. :;:;l A. Air samples shall be analyzed by Phase Contrast Microscopy method using the NIOSH 7400 method. B. Air samples shall be analyzed by an analytical laboratory who possess the following: 1. Lab shall use the NIOSH 7400 method for analysis according to 29 CFR 1926.1101, Appendices A or B which describes the OSHA ORM method and which utilizes the acetone/triacetin sample preparation or equal. 2. Lab to used shall be independent ofthe Contractor and shall be approved by the Industrial Hygienist. 3. Lab shall have technicians who have their NIOSH 582 Class. Certificate must be submitted to Industrial Hygienist (IH) upon request. 4. Lab shall be a successful participate in the Proficiency Analytical Testing Program (PAT) for the last 4 rounds and have National Institute of Standards and Technology (NIST) certification. 5. Lab shall be capable ofdelivering results within 24 hours ofsampling to the client so the can be posted on thejob site. 6. Lab shall have current Texas State License. Sun City Analytic*!, Inc. (c)copyright 1999 33 ASARCO, Inc. El Faso Power Home 4/99 ASARCO ELP 0013054 1.04 Clearance Samples A. Transmission Electron Microscopy - is not required on this contract. Ifthe contractor requests such testing, then he shall bear all costs associated with TEM sampling and analysis. Owner reserves the right to use TEM analysis for clearance testing to verify PCM analysis. 1. Any TEM analysis shall follow 40 CFR 763 AHERA regulations sampling and analysis protocols. B. On this project Phase Contrast Microscopy with NIOSH 7400 method in accordance with SECTION 01714 WORK AREA CLEARANCE, shall be the method used for clearance testing. Clearance samples shall be done in the normal work shift ofthe contract and shall be noted in the contractors construction schedule and abatement plan. The clearance level has been established as <.005 f7cc or baseline data which ever is lower. END OF THIS.SECTION Sun City Analytical, Inc. (cjcopyright 1999 34 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013055 ASARCO ELP 0013056 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.01 Temporary Buildings A. Contractor shall provide first aid facilities at control center and in waste disposal vehicle. 1.02 Telephone Service A. The Owner will not furnish telephone service, Contractor shall designate a telephone for emergencies. Contractor shall not use any owner's or site phone. 1.03 Water for Construction A. The Owner will furnish water used during construction so long as the required amounts are within the capacity ofthe existing building systemsiJContractor shall provide piping, valves, and any other appurtenances required to properly convey the water to the location where it is needed. . B. No water connection from any potable;pubMw&er supply system shall be made inside the containment area or from any other ar^where^tihere could be a potential for contamination of the public water source unless connected wififaii internal air gap or a mechanical back-flow prevention device. No water hosesorpipes shallbe brought into the containment area or from any other area where there could be a potential for contamination ofthe public water source can occur unless hoses or pipes are connected fothepreviously described devices in this section, 1.03. . -.sf-p* C. All internal air gap or mechanicafbaCk-flow prevention devices shall conform to American Water Works Association (AWWA) Cl 50, Cl 51, and manual M14 in accordance with Texas Natural Resources Conservation Commission (TNRCC) Title 30 Environmental Quality Part 1, Chapter 290, Sub-Chapter D. 1.04 Electricity for Construction A. Any electrical hook up shall be coordinated with Asarco personnel. B. The Owner will provide electrical energy from existing panels as required to operate power tools and equipment and to provide temporary light so long as the required amounts are within the capacity ofthe existing building systems. Contractor shall provide temporary wiring and outlets as required and temporary lighting if necessary. Contractor is responsible to verify quantity quality ofthe electrical source provided to them. 1.05 Employee Conduct A. The Contractor shall be responsible for ensuring that all employees comply with all Applicable Laws and perform work in a safe manner. Any employees entering the work area under the influence ofalcohol or drugs shall be immediately removed by the Contractor from thejob site. Sun City Analytical, Inc. (c)copyright 1999 35 ASARCO, Inc. El Paso Power House 4199 ASARCO ELP 0013057 B. The Contractor shall instruct all his employees to refrain from talking with anyone about this project. Any interviews or discussions about the asbestos project shall be done only by written consent from the owner. 1.06 Advertising A. At no time will any kind of advertisement be displayed, published, or reported to news media without the expressed written consent ofthe Owner and fflL 1.07 Barricades A. The Contractor shall provide sufficient barricades, walkways to protect all personnel from injury or exposure to asbestos. All work areas shall be barricaded with proper signs. 1.08 Security &St' A. Site security shall be provided by ContracMtorIkt Ci ontractor's expense. See Section 01030. 1.09 Toilets A. Contractor may use the toilets facility of ASARCO. ASARCO has a designated break and shower facility available for use by contractor personnel. The contractor shall be responsible for maintaining this facility clean.. CdinMctor'sh^illlose privilege ofthese facilities ifthey are not kept clean at all times.. Contractor shall jffqfide chemical latrines whenever the ASARCO facilities are not available. 'Ttt. END OF THIS SECTION Sun City Analytical, Inc. (c)copyright 1999 36 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP OO13058 SECTION 01513 AIR FILTRATION SYSTEM 1.01 Air filtration system A. Air Filtration must be established in the work area by means of a local exhaust system. The equipment shall exhaust through a three-(or more) stage HEPA filtration system to outside ofthe building. The equipment shall be in operation for 24 hours per day until final air clearance. B. The system shall have the following characteristics: 1. Filtration equipment in compliance with ANSI Z9.2, Local Exhaust Ventilation. 2. Capable of maintaining a minimum pressure differential of minus 0.02 inches of water (4.98 Pa) gauge in the work area relative to adjacent areas. 3. Air filtration system pressure system units shall be employed in sufficient quantity to provide four (4) air changes per hour in the work place. Use the formula to determine total air flow requirement.' ' Total CFM = Volume ofwork agja/Vl S-joun (Total M3/min = Volume ofworkhrea/:T5.;min) Number ofunits = Total CFM/^0% capacity ofunit (Number ofunits = [Total M3/mih] / [8($j capacity ofunit]) 4. The hose used to duct thejieiAaustjsMl.ie either new temporary plastic tubing or new wire reinforced ducts. JjHj# 5. The air filtration unit shall feve a warning sound or horn ifany restriction is found in the intake or exhaust. C. Provide a chart recording measuring device or equivalent for use to verify the pressure differential. This data shall be submitted to the IH at the end ofthe work shift. D. Contractor shall install on the containment one folly operational (including filters) backup ventilation machine. E. Units shall be placed to provide maximum air flow and prevent short circuiting air flow. F. Pre-filter shall be changed as needed as conditions warrant or when directed by the I.H. G. The HEPA filter will be checked by Industrial Hygienist (IH) for integrity and usage, and shall be changed by Contractor ifdamaged or overloaded. H. Any electrical work performed by the Contractor in association with this section will be done by a licensed electrician. Any electrical work performed in the regulated area shall be done by a licensed electrician who has met the requirements ofOSHA 1926.1101, AHERA Sun Cfty Analytical, Inc. (copyright 1999 37 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013059 40 CFR 763 (24 hour worker Course), OSHA medical exam, respirator fit test and any license required by any Local, State or Federal Asbestos Law. All electrical work will conform to current National Electrical Codes (NEC) requirements. I. All fan unit(s) will be factory made and certified by current industry standards related to air movement equipment and air filters. 2.01 Fan Unit Instrumentation The Contractor shall provide but not limited to the following: A. Manometer: Factory installed manometer to measure the pressure drop across filters and indicate when filters have become loaded and need to be changed B. Static Pressure Table: A table indicating the usable air-handling capacity for various static pressure readings on the manometer"affixed hear the gauge for reference, or the manometer reading indicating at what .point the filters' should be changed, noting Cubic Feet per Minute (Cubic Meter per Minute) air delivery at that ppiht ; iW jH" C. Time Meter: Factory installed or equivalent elapsed time meter to show the total accumulated hours of operation . D. Pressure Chart Recorder:. Pro^d||fa<^ibiy;.Titstalled chart recording measuring device or equivalent for use to verify the pr^Sre^flineiiSiiS. This data shall be submitted to the IH at the end ofthe work shift. ' . `0* ' ***. XV >rj * * *75 3.01 Fan Unit Safety and Warning Devices: All fan unit safety and warning devices will be factory installed. All fan unit safety and warning devices will meet current National Electric Codes (NEC), National Electrical Manufacturers Association (NEMA) requirements, and any other pertinent safety industry standards and government regulations related to fan unit air movement equipment as required in this section. The Contractor will need prior approval for the factory installed safety and warning devices from the IH before installing and operating any fan unit(s) in the containment area. A. Lockout(s): Electrical and/or mechanical lockouts) to prevent fan from operating without a HEPA filter. B. Automatic Shutdown: An automatic shutdown system to stop fan in the event ofa rupture in the HEPA filter or blocked air discharge. C. Warning Lights: The color ofthewarning lights will be ofthe type which meet current acceptable industry standards and government regulations. 1. Normal operation--GREEN LIGHT or equal Sun City Analytical, Inc. (c)copyright 1999 38 ASARCO, Inc. El Paso Power House 4199 ASARCO ELP 0013060 2. Too high a pressure drop across the air filters due to but not limited to a filter overloading--YELLOW LIGHT or equal 3. Too low ofa pressure drop due to but not limited to a rupture in HEPA filter, obstructed discharge, etc.--RED LIGHT or equal D. Audible Alarm: 1. Iffan unit(s) shut down due to any operation ofpreviously described of safety systems, an audible alarm will be activated to alert the Contractor and/or site security. 2. The audible alarm will generate a sound level, dbA scale, which currently meets local, state, and federal government safety regulations. Iflocal, state, and federal regulations to not exist, the sound level will be as the manufacture recommends for the working conditions at the project site'. The warning device such as bell or horn ifshould sound if: a. any restriction is found in the intake or exhaust, or b. any rupture occurs in the HEPAfiftef, or c. any loss of electrical power pcburs^fe' E. Smoke and Heat Detector(s): 1. At least one, smoke and heardetectbris&ll be placed near the fan inlet to alert security, the Contractor and any v{ofkers m"th& containment area that a fire heat and/or smoke danger is in progress. ^ 2. Site security and/or containment worker supervisor shall have a readily accessible "kill switch" to de-energize the electrical power to all negative air fan units. 3. The smoke and heat detector(s) shall be approved by but not limited to Underwriters Laboratory (UL), National Electrical Codes (NEC), or Federal Mutal (FM). 4. The factory installed smoke and heat detector(s) shall be an integral ancillary component ofthe fan unit(s) used by the asbestos abatement Contractor. 5. In the case offan unit(s) that do not have factory installed smoke and heat detectors, the Contractor shall need to follow the manufacturer's recommends to the use and location oftheir product(s). a. The recommendations' shall also adhere to current industry, local, state, and federal regulations. b. The Contractor will obtain prior approval from the IH before locating and Sun City Analytic*!, Inc. (cjcopyright 1999 39 ASARCO.Inc. El Paso Power House 4199 ASARCO ELP 0013061 installing the smoke and heat detectors. 6. The smoke and heat detector(s) shall be "hard wired" and/or battery powered as per manufacturer requirements. If the smoke and heat detector(s) are "hard wired" by the Contractor, the wiring will be perform by a licensed electrician and all electrical work will conform to current NEC codes. F. Fan Unit Electrical Components: 1. The fan unit's electrical components shall be approved by but not limited to the National . Electrical Manufacturers Association (NEMA) and Underwriter's Laboratories (UL) requirements. 2. Each fan unit shall be equipped with .factory installed overload protection sized for the respective electrical components.' Thb fan electric motor shall be equipped with factory installed manual reset thermal overload protection. Automatic reset thermal overload shall not be permitted unless currftht'iofiL, state, or federal regulations allow the use of this type ofreset under specific ,wbrk sfe conditions. 3. Fan unit components including'but not finjitied to the electric motor, fan, fan housing, and cabinet shall be grounded in accordance.with current National Electrical Codes (NEC) and National Electrical Manufacturers^Association (NEMA) standards. .01 Auxiliary Generator(s): Ifthe availability of electrical power is insufficient and/or unreliable at any ofthe building project sites, the asbestos abatement Contractor shall provide auxiliary generators) to operate, as a minimum, the negative air fan unit(s) and any other ancillary equipment related to asbestos abatement activities. The Contractor may use other alternate sources of electrical power with prior approval from the Project Manager and/or EH. A. Auxiliary Generator(s:) Provide generator(s) with the capacity to power all the required HEPA filtered fan unit(s) and any other ancillary equipment related to asbestos abatement activities. The generator(s) shall be ofthe self-starting type or manually start type depending on the project site conditions. The starting method shall be reviewed and approved by the Project Manager prior to operating any generators). B. Power Outages: In buildings where power outages are possible, the Contractor shall connect auxiliary generator output power to the building's existing power panel(s) or provide other electrical power routes that conform to current industry standards and/or current NEC requirements.1 1. State-of-the-art solid state automatic power switching shall be provided to start the Sun City Analytical, Inc. (c)copyright 1999 40 ASARCO, tnc. El Paso Power Hou4/99 ASARCO ELP 0013062 operation of auxiliary generators). State-of-the-art solid state automatic switch-over components shall provided the transfer ofelectrical power generated from the auxiliary generator(s), at a switch-over rate as recommended by the generator manufacturer, to the HEPA filtered fan unit(s) and/or any other ancillary equipment being used in abatement activities. 2. There shall be no electrical conflicts between the switch-over and "kill switch" electrical circuits of auxiliary generators). C. Location ofAuxiliary Generator(s): 1. Provide auxiliary generators) outside of the building in a location protected from the weather and/or as recommended by the manufacturer. 2. The asbestos abatement Contractor-will insure that the location of the auxiliary generators) will not create a fire and/or safety hazard to the workers and any structures in the vicinity or in the structure where asbestos abatement activities are occurring. Any fire damage or injury costs related to theu'seand location ofthe auxiliary generators) will be at the Contractors own expense, END SECTIpS ; ; Sun Clty Artalvfical, Inc. (cjcopyright 1999 41 ASARCO, Inc. El Paso Power House 4199 ASARCO ELP 0013063 SECTION 01527 WORK AREA PROTECTION 1.01 Preparation ofWork Areas All poly used on this project shall be limited to certified fire retardant brands. A. Post warning signs meeting the specifications of OSHA 29 CFR 1926.1101 at any location and approaches to a location where airborne concentrations of asbestos may exceed ambient background levels. Signs shall be posted at a distance sufficiently far enough away from the work area to permit an employee to read the sign and take the necessary protective measures to avoid exposure. Additional signs may need to be posted following construction ofworkplace enclosure barriers. Contractor shall post warning signs in both English and Spanish. B. Protect all electrical equipment located belowjrprk areas. Some areas have hieh voltage power boxes below the ACM piping that'shall beoibtected against damage. Contractor shall be responsiblefor all damages and monitaryjojses due to power outages caused by damaging electrical equipment. All electrical equipment^below work area are going to remain live. Provide temporary power and lighting.;|jpnsure:;safe installation (including ground faulting) to temporary power sources and equipment by isopipliance with all applicable electrical code requirements and OSHA requirements for temporary electrical systems. C. Shut down and lock out ofall fanslb^ventin^^items. Investigate the work area and agree on pre-abatement condition with the Industrial Hygienist (IH). Isolate work area using barrier tape. D. Preclean all movable objects within the work area using a HEPA filtered vacuum and/or wet cleaning methods as appropriate. After cleaning, these objects shall be removed from the work area and carefully stored in an uncontaminated location. This shall be done with strict coordination with Industrial Hygienist (IH). E. Preclean all fixed objects in the work area using HEPA filtered vacuums and/or wet cleaning techniques as appropriate. Careful attention must be paid to machinery behind grills or gratings where access may be difficult but contamination significant. After precleaning, enclose fixed objects in 4 mil polyethylene sheeting and seal securely in place with tape. F. Cover floors in the work area with fire rated polyethylene sheeting. Floor shall be covered with two layers of 6 mil (minimum) sheeting. Additional layers of sheeting may be utilized as drop cloths to aid in cleanup ofbulk materials. G. Plastic shall be sized to minimize seams. Ifthe floor area necessitates seams, those on successive layers ofsheeting shall be staggered to reduce the potential for water to penetrate to the flooring material. A distance of at least 6 feet between seams is sufficient. Do not locate any seams at wall/floor joints. Sun Citv Analytical, Inc. (c)copyright 1999 42 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013064 H. Floor sheeting shall extend at least 12" up the sidewalls of the work area. Sheeting shall be installed in a fashion so as to prevent slippage between successive layers of material. (Vinyl sheeting may be used for improved traction on floors.) I. Cover walls in the work area with two (2) layers of6 mil fire rated polyethylene sheeting. They can be decontaminated by using HEPA vacuums and wet cleaning techniques. Walls with mortar joints (i.e. tile) are considered porous. In addition, openings through these walls to uncontaminated areas ofthe building must be sealed. J. Walls shall be covered with two layers of 4 mil polyethylene sheeting. Plastic shall be sized to minimize seams. Seams shall be staggered and separated by a distance of at least 6 feet. Wall sheeting shall overlap floor sheeting by at least 12 inches beyond the wall/floorjoint to provide a better seal against water damage and for establishing air filtration pressure. K. Wall sheeting shall be secured adequately to pfieVent it from falling away from the walls. This will require additional support/attachment when air filtration ventilation systems are utilized. 1.02 Fire Protection A. General Requirements: 1. The Contractor shall emplo^his supervisor or a designated safety control officer to provide training to the workers ofthe proper use offire extinguishers, implementation of Fire Safety Program and .proper evacuation ofthe containment area. 2. Training shall meet the minimum requirements of OSHA 1926.150(a)(5). 3. All fire protection equipment shall be in place before any preparation or removal of asbestos will be allowed. Such equipment shall be clearly identified with an appropriate signs. 4. All combustible rubbish, including bagged asbestos, shall be removed from the containment on a daily basis. Absolutely no bulk debris shall be allowed to remain in the containment over night. 5. During demolition or alterations, existing sprinkler installations shall be retained in service as long as practicable. 6. Contractor shall provide a safe means of egress from fire and any type ofemergencies. B. Work Area: 1. Polyethylene used on this project shall be limited to certified fire retardant brands. Sun City Analytical, Inc. (c)cop)right 1999 43 ASARCO.Inc. El Paso Power Home 4/99 ASARCO ELP 0013065 Material Safety Data Sheets (MSDSs) shall be maintained on the site for the inspection by any outside agencies ofjurisdiction to prove the presence ofthis type ofpoly. 2. Smoke/heat detectors shall be adequately spaced about the containment and/orwork area. A minimum ofone per 1000 square foot offloor space is required. One shall be placed 15 feet from the decontamination station. ^ 3. The Contractor shall provide a 4A/60BC chemical extinguishers for every 1000 square feet, or fraction, of containment area (IAW Texas Department of Health regulations 295.60 (m)(l). All Workers shall be with-in a maximum of 100 feet travel distance ofa fire extinguisher. 4. All air filtration units shall be able to be switched offfrom a single switch located at the control center. In the event that a fire starts or a smoke and/or heat detector is activated, the air filtration units shall be immediacy switched off. The machines shall remain in the off mode until such,time as it has beien verified that a fire does not exist. C. Cleanroom and/or Decontamination Unit://' jaq- " jjij 1. A smoke and/or heat detector shall be located in the cleanroom area. 2. 4A/60BC chemical extingiiishers'shajl.be located at either end of the decontamination unit. 1.03 Viewing Inspection Window 5 .. i L. Where feasible, a minimum of one clear 1/8 inch(3.2mm) thick acrylic sheet measuring approximately 18" x 24" (450mm x 600mm) may be installed by the Contractor as a viewing inspection window at eye level on a wall in each containment enclosure. B. All such windows shall be sealed leak-tight with industrial grade duct tape. END OF THIS SECTION Son City Antlytfcel, Inc. (copyright 1999 44 ASARCO.Inc. El Paso Power Home 4/99 ASARCO ELP 0013066 SECTION 01528 ENTRY INTO CONTROLLED AREAS 1.01 Entry and Exit ofWork Area A. General Requirements: Unless otherwise indicated (such as contract drawing, emergency evaluation, and these specifications) entry and exiting of the work area shall be through the "Worker and Equipment Enclosure" or an "Airlock". B. Entry and Exit through "Worker and Equipment Enclosure": C. Entering the Work Area: Each worker and/or authorized visitor shall enter the clean room, remove street cloths, put on a clean approved respirator and protective clothing and disposable footwear. From this point, workers and/or visitors shall not eat, drink, smoke, chew gum or tobacco while in the work area:. Respirator shall be tested for proper fit and operation. After completing the work and/or visiting the work%.and/or visitor shall then proceed through shower room to the equipment room! At the discretion ofthe Industrial Hygienist (IH) smoke testing ofrespirator shall be performed on all persdmnel'donning respirators. D. In the Equipment Room any tools, &|mpment^etc. needed shall be picked up here. NonDisposable footwear shall be put on then procp&dio work area. E. Exiting the Work Area: Prior to enllnhg'tihe^mpment room, worker and/or authorized visitor shall brush off any gross contamination!" lisette buddy system to visually check clothing for asbestos debris. ' ?T ':4?: F. In the equipment room, any tools, equipment, etc. shall be stored, and all clothing except respirator shall be removed. Disposable type clothing shall be placed in a disposable container (plastic bag). Non-disposable footwear shall be removed and stored while still wearing the respirator the proceed naked to the shower. G. While showering, first wash and soak filters and then remove respirator and continue to wash respirator with soap and water after washing respirator, proceed to wash body and hair with appropriate soap and shampoo. Finally dry off and proceed to the clean room. H. In the clean room, worker and/or visitor shall proceed to dress in street their clothes or clean coveralls. Coveralls worn outside the clean room ofthe enclosure shall be ofa different color or marked for easy identification from those wom in the work area. I. Beforere-entering thework area from the clean room, each worker and/or authorized visitor shall put on a clean respirator and dress in clean protective clothing and follow the above procedures. J. In the vestibule airlock remove protective clothing while still wearing the respirator and place into a disposable bag. The exterior ofthe respirator shall then be wiped with a damp rag or disposable Sun City Analytical, Inc. (c)copyright 1999 45 ASAJRCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013067 towel which is placed in the disposable bag. While still wearing the respirator, exit the airlock after the disposable bag is sealed and left in vestibule. K. Once outside the airlock, the respirator shall be removed, respirator cartridges removed and disposed as asbestos contaminated waste. The respirator shall then be washed, new cartridges installed and placed in a the appropriate storage container. END OF THIS SECTION Sun Gty Analytical, Inc. (c)copyrighl 1999 46 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013068 SECTION 01560 RESPIRATORY PROTECTION 1.01 Respiratory Protection A. Respiratory protection shall be provided to workers in conjunction with a Respiratory Protection Program which shall meet the requirements of29 CFR1910.134. This program shall be posted at the work site and shall meet the new April 1998 version of OSHA 1910.134 which requires the program to be work site specific. Respirators shall be personally issued, fitted and marked. All workers shall be familiar with the contents ofthe respiratory program: B. The Contractor shall provide documentary evidence that all personnel required to wear respiratory protection have been trained in accordance with 40 CFR Part 763,29 CFR 1910.134. 1910.1001 and 1926.1101. C. The Contractor shall provide the' workers:;With clean and properly maintained respiratory equipment approved by NIOSH/MSHA dufq^.all work phases in this project. D. Air purifying respirators (half-mask or fijil-faceXy/ith high efficiency particulate (HEPA) filters shall ONLY be used for pre-abatement :activiti^:hnd when removing waste from outside the containment to disposal storage, and/or when loading and unloading the covered waste disposal storage facility. ;;-}?&' V" E. PAPR shall be the only respiraforworn"wfieifOSHA Class I asbestos abatement project are performed. Type C supplied air or SCBA with foil face piece operated in a pressure demand mode shall be used inside any containment utilizing pressure differential to maintain inward air flow. The Type C air supply must also have an auxiliary self-contained SCBA operating in a pressure demand mode, or high efficiency particulate (HEPA) filter which provides a 15 minute escape time in the event ofcompressor failure or malfunction. See Section 01030 for respiratory protection specified. G. When Type C respirators are employed, the air supply system shall provide grade "D" or better breathing air in accordance with OSHA 29 CFR 1910.34 and ANSI Z862.1 Commodity Specification for Air. H. The air shall be tested by the Contractor to verify that certain criteria established by the Compressed Gas Association, Inc., has been met or exceeded. The Contractor must provide a written copy of the analytical test results prior to using system. The Contractor shall be responsible for all fees associated with these tests. All tests will be performed at thejob site and in the presence ofthe Owners representative. I. For bottled air filled with compressed air, or manufactured air Contractor shall follow the same test as above. For bottled air the Contractor must provide a certificate from the supplier stating the air is grade "D" or better. Sun City Analytical, Inc. (c)copyrighi 1999 47 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013069 J. It is the Contractor's responsibility to provide adequate respiratory protection for any foreseeab contingency. K. Anytime the compressor or the Grade D Panel is moved, the Contractor shall perform a n& Grade D air Test as stated in G and H. above. L. The Carbon Monoxide (CO) calibration ofthe panel shall be 'done and recorded in the log boo! daily. END OF THIS SECTION Son City Analytic*!, Inc. (c)copyright 1999 48 ASARCO, Inc. El Paso Power House 4/99 ASARCO EUP 0013070 SECTION 01562 PERSONNEL PROTECTION 1.01 Personnel Protection: A. General Requirements: The Contractor shall provide all personnel training, equipment, materials, services and liability insurance required to perform the work in accordance with applicable Federal, State and Local regulations and this specification. Contractor shall have 1.5 respirators per man on site to comply with the Texas rules and regulations. B. Prior to commencement of work, workers shall be instructed, and be knowledgeable of the specific Asbestos Removal Procedures to be used in this project. In addition to the instructions, on-site training in the use ofequipment and facilities unique to thejob site shall be performed, to include emergency procedures; such as equipment power failures, fires, evacuations, etc. 1.02 Worker and Visitor Protection - ...... A. Provide workers with sufficient sets ofprqtectiye'full-body clothing. Such clothing shall consist of full-body coveralls and respirator. !;Providejeye protection and hard hats as required by applicable safety regulations. Non-disgosable type protective clothing and footwear shall be left in the contaminated equipment room uhtil thejfnd of the abatement work, at which time such items shall be disposed of as asbestos -vyastbKpf shall be thoroughly cleaned of all asbestos containing waste. Disposable type;dotp^:a|3jfootwear may be used and shall be disposed of as asbestos waste. Bare feet .williot be pfemgt^d. B. Provide authorized visitors witHsuitabie protectiveclothing, respirator, headgear, eye protection and footwear, as described in paragraph A. above, whenever they are required to enter the work area. C. Each worker shall, upon entering thejob site: Remove street clothes in the clean change room, put on a respirator and clean protective clothing before entering the equipment room or work area, the exception shall be that workers intending to reuse contaminated protective shall enter equipment room wearing respirators. D. Each time the worker leaves the work area: the worker shall remove gross contamination from clothing before leaving the work area; proceed to the equipment room and remove all clothing except respirators; Still wearing the respirator, proceed to the shower; clean the outside ofthe respirator with soap and water while showering; remove the respirator; thoroughly shampoo and wash themselves, remove filters (where required) and place them in the container provided for the purpose; and wash and rinse the inside ofrespirator. 1. Contractor is responsible for providing soap, shampoo, clean and dry towels daily to employees and visitors. Son City Analytical, Inc. (cjcopyright 1999 49 ASARCO.lnc. HI Paso Power House 4/99 ASARCO ELP 0013071 E. After showering, each worker shall proceed directly to the clean change room and dress in clean clothes at the end ofeach day's work, or before eating, smoking or drinking. Before re-entering the work area from the dean change room, each worker and authorized visitor shall put on a clean respirator with filters (where required) and shall dress in clean protective clothing, the exception shall be that workers intending to reuse contaminated protective clothing stored in the equipment room shall enter the equipment room wearing respirators. F. Asbestos contaminated footwear shall be stored in the equipment room when not in use in the work area. Upon completion ofabatement, dispose offootwear as asbestos contaminated waste or clean thoroughly inside and out using soap and water before removing from work area or from equipment and access area. Store asbestos contaminated protective clothing in the equipment room for reuse or place in receptacles for disposal with other asbestos contaminated materials. G. Workers shall not eat, drink, smoke or chew^ipm or tobacco, or utilize sanitary toilet facilities at the worksite except in established locations outside the work and containment areas, and endosures. ' H. Workers shall be fully protected with respirator:} jand protective clothing immediately prior to the first disturbances ofasbestos-containingor asbestos contaminated waste materials and until final clean-up is completed.. This includesremoyaTfiffixtures, ceilings, or anything else which may disturb the ACM. ` f- I. Provide and post, in the Equipment Room and Clean Room, the decontamination and work procedures to be followed by workers. .vi5 ~ END OF THIS SECTION Sun City Analytical, Inc. (c)copyrighl 1999 50 ASARCO, Inc. 1 Paso Power House 4/99 ASARCO ELP 0013072 SECTION 01563 DECONTAMINATION UNITS 1.01 Enclosures: A. General Requirements: Several types ofenclosures are used, one for the workers and equipment entry and exit ofthe work area, a second as a holding area for waste storage and load-out area, and a third as a separation between the work area and the non-work area. Enclosure types required for this project shall be governed by special instructions on this specification. B. Enclosures can be portable pre-fabricated units or site fabricated units. Contractor shall submit for approval the type ofenclosures to be used for this project. The submittal shall be submitted' in conjunction with Section 1300 of this specification and included, but not be limited to the following: 1. Floor Plan layout with dimensions shewing all components. 2. Material list with sizes and thickness)TM';;.. 3. Plumbing layout showing shower(s);pipittg, drains, filtration systems(s) and water heater (ifused). ..../ |-ip 4. Electrical (ifused) a layout shpwuig lighting and/or outlets. 5. Photographs may be submitted in conjunction with the above items. C. The minimum width of any wajofj^xjt 'a<^.ess shall in no case be less than 28 inches. Where a single way ofexit acce^^dstbah;:wit, its capacity in terms ofwidth shall be at least equal to the required capacity ofthe exit to which it leads. Where more than one way of exit access leads to an exit, ed<c3h shall havefajwidth adequate for the number of persons if must accommodate. D. Worker and Equipment Enclosure: Shall consist of3 (three) compartments; clean room, shower room and equipment room separated by airlocks. The envelope ofthe enclosure shall be leak free. E. Clean Room: This room shall be provided with a locker or container for each worker's street clothing, respirators, respirator cartridges, clean work clothing, towels, and personnel supplies. Joint use ofthis space for other functions, such as office, storage ofequipment, materials or tools, shall be prohibited. F. Shower Room: This room shall have an adequate number of showers, soap, shampoo and containers (plastic bags) for respirator cartridges. Shower(s) shall be piped with hot and cold or warm water. The room is to be free ofany leaks. Under no circumstance shall the shower room be used for cleaning equipment. G. Equipment Room: This room shall be used for storage ofequipment such as ladders, vacuums, scraping tools, non-disposable footwear, hardhats, goggles and any additional asbestos Sun City Analytical, Inc. (cjcopyright 1999 51 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013073 contaminated work items. This room shall be provided with receptacles, such as plastic bags or approved containers, forthe use ofdisposable coveralls (ifused) and asbestos contaminated waste before exiting to the shower. The room may also be provided with a wash area for equipment. H. This area shall be cleaned daily (several times a day is recommended) to prevent asbestos debris from being tracked into the shower area. I. Airlocks: Airlock curtain (door) shall be formed by two (2) overlapping sheets ofplastic (4 mil, minimum) the full height and width ofthe passageway, each sheet being attached at theceiling and one side. Each sheet is to be attached on opposite sides of the passageway. The sets of curtains (overlapping sheets) are required, one at each end ofa space forming a vestibule, dead space. The space (vestibule) shall be two (2) feet in length by the width of passageway for enclosures and four (4) to six (6) feet in length by width of passageway for other location requiring airlocks. \. ;/ ' ' Mk: J. Filtration System: The shower drain and.,fequipMent room drain (ifany) shall be connected to a filtration system beforebeing discharged tdjhe salutary sewer. Filters shall be arranged in parallel banks with a 100 micron pre-filters feeding into|aJl micron final filters. Replaced filters shall be treated as asbestos contaminated wasteland disposed ofproperly. K. Holding Area (Waste Storage and Epa'S^Out^^hall consist ofat least 1 (one) compartment with an air lock between the compartifi^`:and tKejntended disposal vehicle. The envelope of the compartment and air-lock shall befeak free. Passage between compartment and work area shall have two sheets ofplastic overlapping each ofBefc:; L. Separation(s) shall be constructed as follows: 1. Framing ofsuitable materials such as 2 x 4 wood or metal studs shall be erected between floor with a bottom plate and ceiling with a top plate for distance. Support as required. 2. Cover both sides with double layer of plastic sheeting (4 mil) with joints staggered and sealed with tape. 3. Seal all edges of separation at floor, walls and ceiling with caulking to be airtight. M. Maintenance ofenclosure systems shall be performed by the Contractor. END OF THIS SECTION Sun Q'ty Analytical, Inc. (c)copyrigh! 1999 52 ASARCO, Inc. ElPaiO Power House 4199 ASARCO ELP 0013074 'V SECTION 01632 PRODUCTS 1.01 Materials: A. General Requirements: Materials shall conform to the following: 1. All material shall be delivered to the job site in the original packages, containers, o bundles bearing the name ofthe manufacturer and the brand name. 2. Store all materials subject to damage offthe ground, away from wet or damp surfaces under cover sufficient to prevent damage or contamination. 3. Damaged or deteriorating materials shall not be used and shall be removed from the premises and properly disposed of. 4. All material not in original containers will be reviewed by Industrial Hygienist (IH). \ B. Polyethylene plastic that is used bn this projecfshall be limited to certified fire retardant brands. MSDSs shall be maintained on the site for.The inspection ofthe building owner to prove the presence ofthis type of poly. Plastic (poljptpy^iie) sheets shall be six mil thickness with a tear resistance ofno less than M.D. 512 graras^.DJ||2,068 grams, and a dart impact ofno less than 297 rams as measured using ATSM njethods D1709, D1922, and D882. Submit a sample of each thickness intended to be used, C. Tape: Capable ofsealing joints ofadjacerit 'she'ets ofplastic sheets and for attachment ofplastic sheet to finished or unfinish'ed.surfacesbr dissiniilar materials and capable ofadhering under both dry and wet conditions, including use of amended water. Submit a sample of each type to be used. . Sife-te D. Surfactant (Wetting Agent): Shall consist of50 percent polyoxyethylene ether and 50 percent of polyoxyethylene polyglycol ether, or equivalent, and shall be mixed with water to provide a concentration ofone ounce surfactant to five (5) gallons of water. E. Impermeable Containers shall be suitable to receive and retain any asbestos-containing or contaminated materials until disposed of. The containers must be both airtight and watertight. The containers shall be labeled in accordance with OSHA Regulations 29 CFR1926.1101. The container shall be of six (6) mil plastic bag (submit sample), or plastic lined drum (submit brochure), etc. Submittal required for each type intended to be used in this delivery order. F. The Glovebag shall consist ofa 6-12 mil bag equipped with long-sleeve gloves, a tool pouch, and side port opening used for water and vacuum application. The glovebag with a zipper arrangement is preferable but not mandatory. Glovebags shall be of at least 6 mil and be seamless at the bottom. G. Warning Labels: Container shall have the following notation in accordance with Applicable Laws 29 CFR 1926.1101. Sun City Analytical, Inc. (c)copyright 1999 53 ASAHCO, Inc El Paso Power House 4/99 asarco ELP 0013075 DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD H. Encapsulant: A sealant specifically designed to be used after the removal of asbestos to capture any fibers which may be left on surfaces in accordance with requirements of the U.S. Environmental Protection Agency (EPA). I. Warning Signs: Signs shall have the following notation in accordance with Applied Laws: DANGER;;. . , - ASBESTOS? CANCER AND LUNGUlSEASE HAZAR|fl!: AUTHORIZED PEs6nKEL ONLY RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN T$ff$ AREA J. Other Materials - provide all other tiiateHais^ specified in drawings; also, other materials such as lumber, nails, and hardware?ymi'ch':mayj:^ required to construct and dismantle the decontamination area and the barriers that isolatejthe work area. 1.02 Equipment: A. Local exhaust ventilation systems shall be designed, constructed, installed, and maintained in accordance with the American National Standard Fundamentals Governing the Design and Operation ofLocal Exhaust Systems, ANSI 29.2-79. See Section 01513. This equipment:1 1. Shall be portable and equipped with a high efficiency particulate absolute (HEPA) Filtration systems incompliance with ANSI 29.2-79. 2. Deliver its rated volume of air with a clean first stage filter, an intermediate filter and a primary HEPA filter in place. 3. The HEPA filter shall be certified capable of removing particles to 0.3 microns at a minimum efficiency of99.97 percent. 4. Shall be able to deliver no less than 70 percent rated capacity when the HEPA filter is installed or measure 2.5 inches ofstatic pressure differential on a magnehelic gage. 5. Shall provide manometer-type negative pressure differential monitor with minor scale division of0.02 inch ofwater and accuracy within plus or minus 1.0%. 6. Shall have an electric mechanism which automatically shuts the machine offin the event ofa filter breach or absence of a filter. Sun City Analytical, Inc. (copyright 1999 54 ASARCO.Jnc. El Paso Power Home 4199 ASARCO ELP 0013076 7. Shall have an audible horn which sounds an alarm when the machine has shut itself off. 8. Shall have an automatic safety mechanism which prevents a workman from improperly inserting the main HEPA filter. B. Vacuum equipment: Shall be portable and equipped with High Efficiency Particulate Absolute (HEPA) filters. C. Respirator Equipment: 1. Respirators shall be selected from among those approved by the Bureau of Mines, Department ofthe Interior, or the National Institute for Occupational Safety and Health Department, ofHealth, Education and Welfare, under the provisions of 30 CFRPart II and shall be used in accordance with Applied Laws 29 CFR 1910.1001. END OF THIS SECTION SunOty Analytical* Inc. (c)copyright 1999 55 ASAACO, Inc. 1 Paso Power House At99 ASARCO ELP 0013077 SECTION 01701 PROJECT CLOSEOUT 1.01 Re-establishment ofthe Work Area and Systems: A. Re-establishment of the work area shall only occur following the completion of clean-up procedures and after IH has declared area clean. B. Contractor, owner and IH shall visually inspect the site for any damage or discrepancies. Owner or IH shall generate a punch list for contractor to repair. C. Any damage or discrepancies shall be repaired by contractor at his expense and reasonable fees may be retained by owner till such time as discrepancies are repaired. D. Re-secure mounted objects removed from their former position during preparation activities. E. Re-establish all work areas arid electrical systemin proper working order. Remove contaminated HVAC system filters and dispose ofas asbestos contaminated waste. Install new filters in HVAC systems. . ' j&i' F. Final payment will be. dependent on owner raying executed waste disposal certificates, all contractor documents and Release;OfMatenai&nd Labor liens (AIA G706). Contractor site being made. END OF THIS SECTION Sun City Analytical, Inc. (c)copyright 1999 56 ASARCO, Inc. El Paso Power House 4199 ASARCO ELP 0013078 SECTION 01712 CLEANING AND DECONTAMINATION PROCEDURES 1.01 Clean-up Procedures: NOTE: The dean up procedures can be started by the contractor whenever his supervisor and the Industrial Hygienist inspect and approve the asbestos abatement areas. The encapsulation shall not be done until the contractor is given approval by the Industrial Hygienist on site. A. Remove and containerize all visible accumulations of asbestos containing material and asbestos contaminated debris utilizing rubber dust pans and rubber squeegees to move material around. Do not use metal shovels to pick up or move accumulated waste. Special care shall be taken to minimize damage to floor sheeting. All equipment not required on the project shall be decontaminated and removed from the area. All ACM disposal bags shall be removed from the containment prior to receiving approval for encapsulation or lockdown. . . ' ' ` B. Wet clean all surfaces in'the'work area usiiig'rags, mops and sponges as appropriate. (Note: Some HEPA vacuums may not be wet-dry vacuums. To pick up excess water and gross wet debris, a wet-dry shop vacuum may be usra? Tigs will be contaminated and require cleaning prior to removal from the work area). C. Visually inspect all areas where asbestos.remOTai has taken place. Any dust, debris or residue in the containment area shall be considered:to;becontaminated and shall be treated as asbestos. The area inspection shall be accomplippl using gOdtd Industrial Hygiene practices and ASTM E- 1368-90, AHERA 40 CFR 763 and all applicable-asbestos regulations concerning clearance and testing. . D. The Contractor shall provide the Industrial Hygienist with all proper lighting, ladders, or scaffolding and any necessary tools to perform the clearance inspection. E. The Industrial Hygienist (IH) shall insure that a thoroughjob of removal and clean up has been conducted. The IH has the right to terminate his inspection and re-direct further cleanup ofthe whole area if upon discovery ofincomplete removal or discovery of debris. F. Upon written approval by the Industrial Hygienist in the Contractors logbook, encapsulation or lockdown shall be done on all surfaces including all poly. Ifthe inspection fails, Contractor shall re-clean using all the above mentioned steps. G. When encapsulation or lockdown has been applied the Contractor shall wait for a drying period ofnot less than six (6) hours or at the discretion ofthe on-site Industrial Hygienist. H. When encapsulation has dried, the Contractor shall remove outer layer of poly from the wall, floors and ceilings. The ceiling poly shall be the first layer removed and shall be placed on the floor. Next remove the walls and place them on the floor. The floor shall then be rolled inward Sun City Analytical, Inc. (c)copyright 1999 57 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013079 to avoid contamination of the inner layer of poly. Double bag the poly and remove from tb containment as contaminated waste. I. Following the satisfactory removal of the outer layer of poly, another inspection shall be performed by the on-site Industrial Hygienist (IH). If any debris is found, the IH shall instruct the Contractor to re-clean the entire area. Ifthe area is clean the IH shall begin with his first step ofpre-clearance testing. (See section 01714) Clearance Testing). J. Upon achieving the clearance criteria for pre-clearance the inner layer ofpoly shall be removed following instructions ofH. above. The critical barriers, air filtration machines and the decon shall remain in place and operational. K. Following the satisfactory removal of the inner layer of poly, another inspection shall be preformed by the Industrial Hygienist (EH).,? If any debris is found, the IH shall instruct the Contractor to re-clean the entire area. Ifttie-'area is clean the IH shall begin with his final clearance testing. (See section 01714) Clearance Testing). V L. Upon achieving the clearance criteria fori final pfearance the Contractor can begin to remove all critical barriers, air filtration machinesand begihhis demobilization process. END OR THE? SECTION Sun City Analytical, Inc. (c)copyright 1999 58 ASARCO.Inc. El Paso Power House 4199 ASARCO ELP 0013080 SECTION 01714 WORK AREA CLEARANCE 1.01 Clearance Air Monitoring: A. The Contractor shall insure completion ofcleanup operations in order to commence clearance a monitoring. B. The Contractor shall then arrange for an Industrial Hygienist to sample the air in the work are for airborne fiber concentrations. C. The air sampling shall be conducted using sampling pumps calibrated at a flow rate ofat not mon than 10 liters per minute using collection media and procedures in accordance with 40 CFR 762 AHERA and NIOSH Analytical Method 7400 and 7402. Air volumes shall be sufficient tc provide reliable results down to a concentration of70 structures per centimeter squared or <0.05 fibers per cubic centimeter of- air (f/cc) 'respectfully. Volume requirements for electron microscope methods should be in accordance with 40 CFR 763 AHERA, the analytical laboratory. `v D. The number of samples that are required and me"specific locations where they shall be taken should be established by the Industriai Hygieni'stS E. Aggressive sampling shall be petformi;;wifit portable fans circulating air in the work area to simulate actual use conditions. /The "riumb'^'ilif fans necessary for circulating air shall be determined by the Industrial Hygienist (IH). Air'filtration ventilation units shall not be utilized for this purpose but must remain.On at all timeslinttl clearance has been achieved. F. All samples at all locations shall indicate concentrations ofairborne fibers less then 0.01 f/cc for passing ofthe pre-clearance testing and <70 structures per millimeters squared for final TEM clearance. G. The final clearance shall be a two step process, a pre-final and a final-final set ofair samples. 1. Pre-final samples shall be taken when the Industrial Hygienist (IH) on site declares area is ready for final testing. The process for this testing shall be with one layer of poly containment, decon-station, and air filtration system still in place. When samples are analyzed and all samples are found to be <0.01 f/cc then contractor shall proceed to step 2. (final-final testing). 2. Containment poly shall be removed, but decon-station, air filtration machine, and critical barriers shall remain in place and air tight. Industrial Hygienist (IH) shall take air samples in area and when air samples are analyzed and found to be <0.70 s/mm2, the Industrial Hygienist (IH) may declare area clean. Sun City Analytical, Inc. (c)copyright 1999 59 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013081 H. When contractor fails to achieve clean air in any ofthe above said clearance sampling method contractor shall reclean area till samples achieve standards set forth above. Any and all co. arising from this extra cleaning shall be the responsibility ofthe contractor. END OF THIS SECTION '/V', Sun City Anelyllcal, Inc, (c)copyright 1999 60 ASAKCO, Inc. El Peso Power House 4/99 ASARCO ELP 0013082 SECTION 01716 DISPOSAL PROCEDURES .01 Disposal Procedures A. The Contractor is responsible for disposal ofall the asbestos waste. The disposal Contractor shall be responsible for transportation ofall asbestos containing waste to the storage areas, and proper containerizing ofthe asbestos waste. Contractor shall abide by all regulations and policies for handling regulated waste set forth by all regulatory agencies. B. On a daily basis or at the discretion ofthe IndustHal Hygienist (IH) contractor shall remove ACM waste from containment. Contractor shall not allow excess debris to accumulate on the floor of the containment, Industrial Hygienist (IH) has the right to stop work and direct clean-up. C. The Contractor shall coordinate transportation of waste to the EPA approve landfill with the Industrial Hygienist on site. Prior to bringing waste transportation vehicle on site, Contractor shall coordinate with the Ejmfbnmental Section of ASARCO through point of contact Ms. Peggy Munsell at (915)521-;3f40. Environmental Section shall brief the operator and contractor on the steps requii^tp1 enter into ASARCO. Highlight of some rules are as follows: SP; 7- `-Y 1. Transportation vehiclejhall be totally enclosed. 2. Contractor shall Jiave:fejinp^jweight and exit weight recorded through ASARCO weighfftaiionV 3. Contractor shall provide a bill pf ladden along with manifest. 4. Vehicle carry proper- insurance requirements. 5. Vehicle shall have fire extinguisher, safety kit, and spill plan available. D. The Contractor shall fill out and sign the Waste Manifest prior to departure to the EPA approved landfill. E. All dump receipts, trip tickets, and manifests must be submitted within 48 hours of dumping, unless contractor has made other written agreement with the owner or IH. F. Transportation of ACM waste shall be done in an enclosed compartment vehicle. The truck driver shall be knowledgeable ofACM spill plan carried in the vehicle. The Contractor shall be responsible for developing a spill plan in accordance with current city, state, federal regulations. G. All double bagged ACM shall be placed inside approved safety containers prior to being removed from building. Approved safety containers shall be: 1. DOT approved steel drums. 2. Cardboard type drums with sealable tops. Sun City Analytical, Inc. (copyright 1999 61 ASARCO, Inc. El Faso Power House 4/99 ASARCO ELP 0013083 H. Approved containers shall be moved by use ofbuddy system, hand trucks, or carts. I. Truck cargo or container used to transport ACM waste shall be lined with one layer of six mil poly to prevent contamination and spillage. J. Truck cargo or container shall have appropriate warning labels and shall be locked to prevent entry by unauthorized personnel. Warning signs in accordance with 40 CFR part 61NESHAPS regulations shall be placed on the vehicle when loading and unloading vehicle. K. Personnel loading asbestos containing waste shall be protected by disposable clothing including head, body and foot protection and at a minimum, half-facepiece, air-purifying, dual cartridge respirators equipped with high efficiency filters. L. Loading of any vehicle shall be closely monitored to avoid overloading vehicle capacity. Contractor shall insure proper load bearing .distribution ofACM waste. M. The disposal Contractor shall have a spill plan ipeffect for spills that may occur in transportation or unloading. Any bag found to be broken atlandfiilshall be re-bagged and area ofcontamination shall be cleaned up immediately. --jggi; N. Asbestos waste containers shall be placed on tfieground at the disposal site. The Contractor shall insure that bags are not pushed or thrriwp out ofthe transport vehicle. O. Personnel unloading containers at'tbe Storage Siiejhall wear protective equipment consisting of disposable head, body and footprotection andjTal&imnimum, half-facepiece, air-purifying, dual cartridge respirators equipped with high efficiency filters. P. Upon completion ofun-loading vehicle the poly used to protect the vehicle shall be discarded as ACM waste. Any spillage discovered shall be cleaned and area decontaminated immediately by the disposal contractor. END OF THIS SECTION Sun City Analytical, Inc. (cjcopyright 1999 62 ASARCO, Inc. El Paso Power Home 4/99 ASARCO ELP 0013084. SECTION 02081 GENERAL REMOVAL PROCEDURES .01 Removal Procedures NOTE: No asbestos removal shall be done without written authorization from the Industrial Hygienist (IH) on sit Contractor shall commence all asbestos removal with PAPR or Type C supplied air, with Grade D air, unle substantial historic data (in compliance with OSBA 1926.1101) is presented to the IH prior to the pre-constructic meeting. This historical data shall clearly show that the current project is compatible with the prior asbestos proje> and that the air counts indicate that the respirator chosen for the asbestos removal provides adequate worke protection. Under no circumstances shall any respirator be less than a PAPR respirator for any friable asbesto removal. Where there is no data to support the down grading ofthe respirator, the IH on site can obtain substantia air monitoring data to allow the contractor to down grade respirator. At anytime the air counts violate respirato protection value, as determined by the onsite IH, the contractor shall upgrade to the respirator the IH so designates A. SeeSection01560andSection01563.forminimumpersonnelprotection. Industrial Hygienist (IH) shall authorize commencement of removal procedures. Clean and isolate the work area in accordance with Section 01527. B. Spray all asbestos containing material with amended water solution, removal encapsulant, or chemical remover using spray equipment capable of delivering aflow-pressure mist to reduce the release of asbestos fibers. Adequately wet the ACM to. the substrate. Spray.the"ACM.continuously during the removal practices to maintain adequate wet conditions and minimize fiber tpease ahddispersion. Follow all manufacturers recommended procedures ifa manufactured product is usedfor removal,processes. ....... s m 0% C. Saturated asbestos containing material shall be remoyedjn manageable sections. As ACM is removed, material will be placed in a suitable container (6 milfO.l 52nun) ppiyethylene bags or drum). Material shall not be allowed to diy out prior to containerizing. Surfouinding areasihall be periodically sprayed and maintained in a wet condition until visible material is cle.-aned up."'"' -if!?,;.. ' fe?* 0. All material removed shall not be thrown ordropped WjtSe U.Oor. Removal ofintact and manageable sections is highly recommended as it will reduce fiber dispersion!'All ACM containerized shall be carefully lowered to the ground floor by asbestos personnel; where this is not feasible, contractor may use other mechanical means to lower containers. Mechanical means may include but is not limited to inclined chutes, scaffolding, and pulleys, etc. E. Containers (6 mil(0.152mm) polyethylene bags ordrums) shall be sealed when full. All ACM containerized shall be double lined. Bags shall not be overfilled as wet material is heavier than dry material. All containerized material shall be sealed with suitable duct tape, do not use wire or cord as it may break the container. All containerized material shall be decontaminated on the exterior surfaces before leaving the work area. F. Large components removed intact shall be wrapped in 2 layers of6 mil(0.152mm) polyethylene sheeting secured with tape for transport to the landfill. G. Asbestos containing waste with sharp-edged components (e.g. nails, screws, metal lath, tin sheeting) will tear the polyethylene bags and should be placed into drums for disposal. H. After completion ofall stripping work, surfaces from which asbestoscontaining materials havebeen removed shall be wet brushed and sponged or cleaned by some equivalent method to remove all visible residue. 1. Clean-up shall proceed in accordance with Section 01712. J. After the work area has been rendered free of visible residues, and Industrial Hygienist (IH) inspection and approval, a thin coat ofa satisfactory encapsulating agent shall be applied to all surfaces in the work area including Snn City Aiufytica], Inc. (c)copyright 1999 63 ASARCO, Inc. E!P*so Power House 4/99 ASARCO ELP 0013085 * structural members, building components and plastic sheeting on walls, floors and covering non-removable items, to seal in non-visible residue. (Note: 1) High temperature components such as boilers and pipes may not permit the application ofsome encapsulants. 2) Ifinsulation or acoustical materials are to be reapplied to the abated area, be certain that the encapsulant selected will permit good adhesion to the substrate. A small area should be tested before application). K. Special circumstances (e.g. live electrical equipment, high amositecontentofmaterial, materials previously coated with an encapsulant or paint) may prohibit the adequate use ofwet methods to reduce fiber concentrations. For these situations, a dry removal method may be required. The contractor will have to acquire special permits, different from those mentioned herein from the NESHAP enforcement agency. END OF THIS SECTION Sun City Analytical, Inc. (c)copyright 1999 64 ASARCO, Inc. El Paso Power House 4/99 ASARCO ELP 0013086 t.-V - SECTION 02082 GLOVEBAG METHOD OF ABATEMENT 1.01 Procedures A. Lock out and tag out all electrical power where actual asbestos removal will occur. e:.B. Asbestos removal shall be perform by full containment. Ifglove bag method is used, then single layer seconds containment shall be erected. See Section 02081 General Removal Procedures. 1.02 Glovebag Procedures A. The glovebag shall consist ofa 6-12 mil(0.152-0.305mm) bag fitted with long sleeve gloves, a tool pouch and s opening for water spray nozzle. The glovebag shall be seamless at the bottom. 1. Materials necessary but not limited to, shall be: a. glovebag b. sprayer c. HEPA vacuum ,, d. utility knife '. e. nylon send) brush f. encapsulant1' \*.;S 5-,- S- wire cutters i'j Ar .ic B. A team oftwo persons shall perform the glovebag method'; -ox C. Before work begins, all necessary Sections of specification shall be followed. See Section 01527 Work Area Protection, Section 01560 Respiratoiy.Sbrotectiqn,'Action 01562 Personnel Protection and Section 01563 Decontamination Units. -, ' /-. M'-' 5 a- D. Mix the surfactant with water in the sprayer. Bring injotlw work area all materials that will be used. O: er < E. Check the pipe where asbestos removal will be done, if it is damaged, wrap the entire length ofpipe in poly and candy-stripe with duct tape. If pipe is abandoned, remove in manageable sections. If pipe is not abandoned proceed with installing the glovebag. Install all glovebags before any removal begins. Seal all exposed ends with duct tape or bridging encapsulank F. Place a sheet ofpoly underneath the pipe wide enough to cover the area where debris might fall to floor. Usual!; 2 feet(0.61m) extending on either side ofpipe. G. Each glovebag shall be installed so that it completely covers the circumference ofpipe or other structure where the work is to be done. H. Glovebags shall be smoke-tested for leaks and any leaks sealed prior to use. n it I. Glovebags may be used only once and may not be moved. Glovebags shall not be'used on surfaces whose temperature exceeds 150 f. Special glovebags shall be used on hot steam lines. ; .j J. Prior to disposal, glovebags shall be collapsed by removing air within them using a'HEPA vacuum. K. Proceed with Section 01712 Cleaning and Decontamination, Section 01714 Work Area Clearance, Section 0170T Project Closeout, Section 01716 Disposal Procedures. ' tc END OF SECTION Sun City Analytical, Inc. (cjcopyrighl 1999 65 ASARCO, Inc. El PM Power House 4/99 ASARCO ELP 0013087 Sun City Analytical ENVIRONMENTAL SERVICES 1409 Montana El Paso, Texas 79902 (915) 533-8840 Fax (915) 533-8843 E-mail SCAI@flash.net ASARCO ELP 0013088