Document 2JmD5Lr7NOj944pjjVdxyy8Yp

INTER-COMPANY MEMO MkochINDUSTRIES INC 1 PLAINTIFF'S (i EXHIBIT jConp^g DATE: TO: December 13, 1994 Distribution FROM: Chris Mineo SUBJECT: New Policy for Contractors The attached policy was sent recently to most of our Contractors, but not all (see attached list for mailing distribution). It is the intent of this policy to clear up the reimbursement issues surrounding the Safety Council and Personal Protective Equipment. The policy goes into effect January 1, 1995. Please use this policy and follow it when dealing with your Contractors. We must remain consistent on these issues in order to realize any benefits. Please include a copy of this policy in all bid packages as well as any time you are going to bring a contractor to the plant. The contractor must know what is required of him prior to submitting prices or invoices. We hope that we will not have to make any exceptions to this policy. The lead engineers should be responsible for providing any new engineers with a copy of this policy for their files. The maintenance planners and leads should also be responsible for making their contractors aware of this document prior to beginning any work. The accounts payable people should keep a copy of this policy handy for reference when reviewing contractor invoices. A period of adjustment and change will occur as a result of this policy being issued. We will need everyone's support in enforcing this document in order to make it work. For many of our contractors this represents a significant change, if any of them or you have a question relating to interpretation of the policy please feel free to call me at 242-8766. Thank you for your support. K012808 KOCH REFINING COMPANY GUIDELINES FQELCONTRACTOR REIMBURSEMENT CONTRACTORS SAFETY COUNCIL PERSONAL PROTECTIVE EQUIPMENT effective January 1.1995 1.0 GENERAL Koch Refining Company (KRC) requires it's contractors to provide qualified, trained personnel for work within Koch Refining Co. The Contractors Safety Council is a means by which contractors can meet the some of Koch's requirements for safety training. The Safety Council should always be used for General Orientation and Koch Site Specific courses. Koch supports and endorses the continued use of the Contractors Safety Council. Unless otherwise specifically stated in any job scope or specification presented to the Contractor prior to the Contractor providing a lump sum, or not to exceed reimbursable cost, the following procedure shall be in effect. Koch reserves the right on a case by case basis to supersede this policy with written authorization from the Plant Manager. 2.0 CONTRACTORS SAFETY COUNCIL 2.1 KRC agrees to reimburse any Corpus Christi based MEMBER contractor for employees required to perform specific work at Koch Refining Co. for the employee's FIRST TIME attendance of the GENERAL ORIENTATION safety course. 2.2 KRC agrees to reimburse any Corpus Christi based MEMBER contractor for employees required to perform specific work at Koch Refining Co. for the employee's FIRST TIME attendance of the KOCH SITE SPECIFIC safety course. 2.3 KRC agrees to reimburse any Corpus Christi based MEMBER contractor for employees required to perform specific work at Koch Refining Co. for the employee's FIRST TIME attendance of the HF ALKY safety course. K012809 2.4 All reimbursement described in 2.1, 2.2, 2.3 above will be at established member rates. 2.5 KRC will NOT reimburse any MEMBER or NON-MEMBER contractor for any contractor employees TIME spent attending any Contractor Safety Council training course (including General Orientation and Koch Site Specific). 2.6 KRC will NOT reimburse any MEMBER or NON-MEMBER contractor for any contractor employees annual renewal of GENERAL ORIENTATION or KOCH SITE SPECIFIC training course. 2.7 KRC will NOT reimburse any MEMBER or NON-MEMBER contractor for any contractor employees attending Confined Space Entry, Confined Space Manway Watch, Firewatch, Respirator Training, H2S Training or any other course other than those listed in sections 2.1, 2.2 or 2.3 above. 2.8 All NON-CORPUS CHRISTI BASED contractors will be responsible to completely fund all required training courses for their employees including GENERAL ORIENTATION and KOCH SITE SPECIFIC, prior to contractors employees working at the KRC jobsite. 2.9 All NON-MEMBER contractors SHALL NOT include time spent, or course fees in any reimbursable billings or timesheets on Time and Material contracts. If received, these invoices will be denied and returned. The contractor shall bill only for time spent working on the job and ONLY at rates specified and approved prior to commencement of the job. 2.10 Definitions: FIRST TIME attendance of a contractor employee is defined as: Attendance by any person who has never gone to the Contractor's Safety Council in any regard. If an employee is new to the Contractor, but has attended the Safety Council courses while under the employ of another Company, he or she is hot classified or eligible for First Time reimbursement. If an employee has attended the General Orientation course as well as other Refineries' site specific courses, but not Koch's Site Specific, the contractor is eligible to be reimbursed for that employee's first attendance of the Koch Site Specific course. (As long as conditions in 2.2 are met) K012810 3.0 PERSONAL PROTECTIVE EQUIPMENT (PPE) 3.1 All contractors employees working within KRC shall be equipped with Contractor or personally supplied basic safety equipment required to perform the described work. KRC will not reimburse, supply or pay for any PPE on the following list to be used by a Contractor's employee. These items shall include the following: Nomex or other approved Fire Retardant clothing Throw away Fire Retardant suits OSHA approved hard hat OSHA approved safety glasses, dark lens and clear lens OSHA approved boots with safety toe (as required) Hearing protection - ear plugs Gloves, leather, chemical resistant and cloth Chemical resistant rubber boots Face shields, face shield holders Body harnesses and lanyards Fire retardant - Chemical resistant slicker suits H2S Monitors (See section 3.3) Respirators, full face with appropriate cartridge Fresh air masks and ancillary equipment Dust masks Goggles Confined space gas detection monitors, (LEL, Oxygen, H2S, CO) (See section 3.3) Back support belts Locks for lock out tag out Flashlights and batteries 3.2 KRC reserves the right, on a case by case basis, to supply any or all above personal protective equipment to a contract employee with written approval from the Plant Manager. 3.3 Koch Refining Co. requires Contractors to furnish confined space gas detection monitors (LEL, Oxygen, H2S, CO) as well as H2S monitors. These items will be reimbursed to the contractor on Time and Materials contracts as long as a rate for the equipment has previously been submitted to Koch Refining Co. Purchasing Dept. 3.4 Any other safety related equipment not listed above which is required for the described KRC job will be supplied by the Contractor. K012811 3.5 It is the contractor's sole responsibility to ensure that his employees have all Protective Equipment in good working order required to perform work within KRC. 3.6 If a contractor's employee is found not to have the required PPE for the job at hand as determined by KRC's Safety Department, Project Management or Project Management designee, the contractor's employee shall be removed from the job at hand until such PPE is provided or replaced. KRC will not reimburse the Contractor for lost time due to lack of PPE or PPE which does not meet KRC standards. K012812 Ace Pest Control P. O. Box 7298 Corpus Christi, TX 78415 ATTN: Company President Advance Security 5233 IH-37, Suite 4A Corpus Christi, TX 78408 ATTN: Company President All Tech Coatins Inc. P. O. Box 4266 " Corpus Christi, TX 78469 ATTN: Company President All Tech Inspection P. O. Box 10342 Corpus Christi, TX 78460 ATTN: Company President Allwaste Environmental Service P. 01 Box 201056 Houston, TX 77216 ATTN: Company President American Filtration P. O. Box 4142 Corpus Christi, TX 78469 ATTN: Company President American Linen Supply Co. 502 McCampbell Road Corpus Christi, TX 78469 ATTN: Company President Arthur Brothers P O Box 792 Kingsville, TX 78363 ATTN: Company President Base Line Data, Inc. P. O. Box 925 Portland, TX 78374 ATTN: Company President Basin Industrial X-Ray P. O. Box 4901 Corpus Christi, TX 78469 ATTN: Company President , Bath & Associates P. O. Box 6057 Corpus Christi, TX 78411 ATTN: Company President B H P Engineering 715 Oak Park Ave. Corpus Christi, TX 78408 . ATTN: Company President Bracco Construction Co. Inc. 4722 Neptune Corpus Christi, TX 78467 ATTN: Company President C K Inspection P.67 Box 702278 Tulsa, OK 74170 ATTN: Company President C M Towers Inc. P.O.Box 1166 West Caldweld, NJ 07007 ATTN: Company President Cathodic Protection Services 7211 Regency Square Suite 100 Houston, TX 77036 ATTN: Company President Circle D Sandblasting P. O. Box 9093 Corpus Christi, Tx 78469 ATTN: Company President Conservatek, Inc.. P. O. Box 1678 Conroe, TX 77305 ATTN: Company President Consolidated Nursery Sales P 6 Box 60061 Corpus Christi, TX 78466 ATTN: Company President Coonrod Electric Co. Inc. P O Drawer D Sinton, TX 78387 ATTN: Company President Dickson Builders Inc. P. O. Box 10124 Corpus Christi, TX 78460 ATTN: Company President Discovery Environmental 5718 Wooldridge Corpus Christi, TX 78410 ATTN: Company President Down Time Services, Inc. P. O. Box 276 Aqua Dulce , TX 7888330 ATTN: Company President Dynamic Matrix Control Corp. 9896 Bissonnet Houston, TX 77036 ATTN: Company President F & E Erection Co. Inc. 6364 Hopkins Corpus Christi, TX 78410 ATTN: Company President Franks Casing Crew P. O. Box 9122 Corpus Christi, TX 78469 ATTN: Company President Fairbaim Electrtic Inc. P. O. Box 9787 Corpus Christi, TX 78469 ATTN: Company President Gillard Inc. P. O. Box 7744 Corpus Christi, TX 78467 ATTN: Company President Foresight Environmental Inc. P.O.Box 331324 Corpus Christi, TX 78463 ATTN: Company President Gillman Insulation Co. Inc. P. O. Box 4074 Corpus Christi, TX 78469 ATTN: Company President K012813 MiBisiK*"*-- araMflgta i lim--l! Giliman Insulation Co. Inc. P. O. Box 4074 Corpus Christi, TX 78469 ATTN: Company President Hi Tech Comp-Design, Inc. P. O. Box 2687 Corpus Christi, TX 78403 ATTN: Company President HoIIman Boiler Works Inc. 3921 Agnes . Corpus Christi, TX 78405 ATTN: Company President Hydro Environmental Services P. 0. Box 9214 Corpus Christi, TX 78469 ATTN: Company President Kranco, Inc. 10543 Fisher Road Houston, TX 77041 ATTN: Company President Maintech Inc. 299 Gilliam Corpus Christi, TX 78409 ATTN: Company President Matrix Inspection & Eng. Inc. 5750 Bintliff Suite 204 Houston, TX 77036 ATTN: Company President Neptune Heat Treating Inc 4702 Neptune Corpus Christi, TX 78405 ATTN: Compoany President P. Fred Putz, Inc. 113 Phanturn Lane Bellaire, TX 77401 ATTN: Company President Power Track Inc. P, O. Box 10246 Corpus Christi, TX 78410 H & S Constructors Inc. P. O. Box 9014 Corpus Christi, TX 78469 ATTN: Company President H & W Construction P. O. Box 9667 Corpus Christi, TX 78469 ATTN: Company President Hildebrand & Noll Associates Inc., 24446 Azalea Rd. Port Republic, MD 20676 ATTN: Company President HMTInc. 4422 FM 1960 West Houston, TX 77068 ATTN: Company President Hydraulic Extractors, Inc. P. O. Box 1287 Beaumont, TX 77704 ATTN: Company President Hydro Engineering & Services P. O. Box 2912 Beaumont, TX 77704 ATTN: Company President , Industrial Gunite Inc. P. O. Box 5810 Pasadena, TX 77508 ATTN: Company President Kelly Services Inc. 5656 So. Staples Suite 220 Corpus Christi, TX 78411 ATTN: Company President Leak Stop Inc. P. O. Box 1217 Baytown, TX 77522 ATTN: Company President Litwin Engineers & Constructor P. O. Box 1281 Houston, TX 77251 ATTN: Company President Malek Inc. P. O. Box 679 Corpus Christi, TX 78403 ATTN: Company President Maloney-Crawford, Inc. P. O. Box 99576 Oklahoma City, OK 73199 ATTN: Company President Miller Environmental P. O. Box 5233 Corpus Christi, TX 78405 ATTN: Company President Moorhouse Construction 2930 Leopard Corpus Christi, TX 78408 ATTN: Company President Nueces Vacuum Service Inc. P. O. Box 288 Robstown,TX 78380 ATTN: Company President Onyx Engineering Inc. 2209 North Padre Island Corpus Christi, TX 78408 ATTN: Company President Power Repair Service Corp. 314 McBride Lane Cojrpus Christi, TX 78408 ATTN: Company President Power Tec Corp P.O. Box 640 VanVleck, TX 77482 ATTN: Company President Precision Tech Services Inc. P. O. Box 1288 Corpus Christi, TX 78403 ATTN: Company President Professional Service Ind. 810SPID Corpus Christi, TX 78416 ATTN: Company President K012814 Puerto Services Incorporated 8601 Up River Rd. Corpus Christi, TX 78469 ATTN: Company President Repcon Inc. P. 0. Box 9316 Corpus Christi, TX 78469 ATTN: Company President Sechrist-Hall Company P. 0. Box 5207 Corpus Christi, TX 78405 ATTN: Company President Wilson X-Ray POBox 2321 Corpus Christi, TX 78403 ATTN: Company President Texas Pipe Fabricators, Inc. P.O. Box 9162 Corpus Christi, TX 78469 ATTN: Company President Ultraflote Corporation 8558 Katy Freeway Suite 100 Houston, TX 77024 ATTN: Company President Bay, Inc. P.O. Box 9908 Corpus Christi, TX 78469 ATTN: Company President Robert J. Jenkins & Co. 906 Medical Center Blvd. Webster, TX 77598 ATTN: Company President Guardian NDT Services, Inc. P O Box 4792 Corpus Christi, TX 78469 ATTN: Company President Rabalais Electric 111200 Up River Rd. Corpus Christi, TX 78410 ATTN: Company President Rollins Fence Company P. O. Box 7339 Corpus Christi, TX 78415 ATTN: Company President Seco Industries, Inc. 1930 Suntide Road Corpus Christi, TX 78409 ATTN: Company President JSkid O Kan 967 Cantwell Lane Corpus Christi, TX 78403 ATTN: Company President Triad Electric P.O. Box 15345 Baton Rouge, LA 70811 ATTN: Company President Unique Temporary Service P. O. Box 81546 Corpus Christi, TX 78413 ATTN: Company President F. B. Dunn & Associates P. O. Box 671407 Houston, TX 77267 ATTN: Company President South Texas Weed Control POBox 1117 Sinton, TX 78387 ATTN: Company President Radian Corporation 10675 Richmond Ave. Suite 190 Houston, TX 77042 ATTN: Company President Rust Industrial Cleaning Inc. P. O. Box 4856 Corpus Christi, TX 78469 ATTN: Company President Service Painting Co. P. O. Box 260130 Corpus Christi, TX 78426 ATTN: Company President Testronics 6711 E. Hwy 332 Freeport, TX 77541 ATTN: Company President Trinity Engineering Testing 5002 Ambassador Row Corpus Christi, TX 78469 Webb Murray & Associates P. O. Box 1605 La Porte, TX 77571 ATTN: Company President J M Davidson P O Box 4639 Corpus Christi, TX 78469 ATTN: Company President Walter Rossler Co. P O Box 10432 Corpus Christi, TX 78410 ATTN: Company President K012815