Document 5DE5z9y6XDJ09kVb5V6RxqVXJ

PLAINTIFF'S EXHIBIT USG-14S3 0-2Q73-A (2/86 ) : ; Contract Mo . 225-G-6451-1*. AGREEMENT BY AND BETWEEN ASBESTOS REMOVAL AND HAZARDS CONTROL (ARBC)and UNITED STATES GYPSUM COMPANYfor certain worlt at OWNER'S PLANT. 6825 EVERGREEN AVE., JACKSONVILLE, FL 32208 0820V JULY 3, 1986 (Date) CS013 O T *\r- fTT' TABLE OF CONTENTS Paragraph Page 1. Description of Work.. 1 2. Disposa* l Services and Disposal Facility. 3. Documents. 1 2 4. Work. Schedule. 3 5. Responsibility for the Work.. \ 6. Separate Contracts. 3 7. Payment. 4 8. Waiver of Lien and Contractor's Affidavit. 4 9. Performance and Breach by Contractor. 4 10. Payment After Breach by Contractor. 5 11. Won-Waiver of Breach. S 12. Excuse of Performance. 5 13. Performance Bond.. 5 14. Contractor's Duty to Replace. 6 15. Contractor Warranties. 6 16. Indemnity. 6 17. Insurance. 7 18. Liens and Encumbrances. 7 19. Changes and Extras. 8 20. Permits and Regulations. S 21. Safety. 8 22. Hazard Communication. '! 9 9 'i :,t .j b6C.O C l OSD QmiQR. PURCHASES j-i 7.VV v*-: vr7:.-r- J-2073-A (2/S6 ) Contract No .- 225-G-6451-* AGREEMENT This Agreement made this 3rd day of July 19 86 by and between ASBESTOS REMOVAL AND HAZARDS CONTROL (ARHC) (hereinafter called CONTRACTOR) ana UNITED STATES GYPSUM COMPANY (hereinafter called OWNER). Witnesseth: 1. Description of Work,. CONTRACTOR agrees to perform the following work, for and upon the premises of OWNER at 6825 EVERGREEN AVENUE, JACKSONVILLE. FLORIDA 32208 which work, is described as follows: See Attachment 'A', proposal submitted by ARHC to OWNER, dated 20 May 1986, which is hereby Incorporated within this Agreement. ^AH-weeh. and materials mentioned in the- specifications and--no - 1___ ___ :___ ^ 1______J_-- a "Sift t c p i ft L ft 111ft " ft t * & X J net shown --t-n- the drawings but neeessarywork in q11--i-ts- de-ta-ils--as shown and intended are--se---- 'included. All workmanship shall be first class and unless otherwise specified all materials and equipment incorporated in the work, shall be new and the best of their respective kinds for the purpose. 2. Disposal Services and Disposal Facility. If CONTRACTOR will not be transporting the wa-s-frematerials U.S. Vf;.V'-V i ^ .rv* .-V--' 2 specified in Paragraph l of this Agreement, CONTRACTOR^ agrees *0 arrange for the proper transportation of the 1 materials and accepts responsibility for the transporter's actions under this Agreement. Whether performed by CONTRACTOR or by a person engaged by CONTRACTOR, disposal of the described wa*teimaterials shall be only in a manner permitted by law, shall be at tjie following facility (hereinafter ''Disposal Facility"): North Sanitary Landfill, Jacksonville, FL No. S016-42974(include full address and USEPA or state registration number). Copies of all federal, state and local disposal and transport permits, including but not limited to Disposal Facility permits, are attached and made a part hereof. At the time the wa-s-te1 materials are placed in containers under the control of CONTRACTOR, or CONTRACTOR'S agents, then title, risk of loss and all other incidents of ownership to the wa-s-tHj^materials shall be transferred from OWNER and vested in CONTRACTOR. 3. Documents. In connection with the services provided hereunder, CONTRACTOR shall prepare and execute all shipping documents and manifests required by all valid and applicable laws, rules and regulations and shall maintain all records for the terms and in the manner required by all valid and applicable laws, rules and regulations. In addition, CONTRACTOR shall secure or create and maintain and furnish copies of the following documents to OWNER. -I-teas a-c-shou-ld- be--fupft-i-shed before work-is bogunt items 4-4- should be furnished at the completion of work.. a-L a. Names of CONTRACTOR employees involved in the removal of asbestos-containing materials. b. Certification of the training received by each -CONTRACTOR employee relating to the handling and removal of asbestos-containing materials. c. Results of the most recent physical examination for each CONTRACTOR employee involved in the removal of asbestos-containing materials. d. A schedule containing the description and amount of asbestos-containing materials actually removed from the premises. e. A daily log of activities prepared by the CONTRACTOR. f. A sign-in/sign-out log indicating the amount of time each CONTRACTOR employee was in the sealed work. area. 9 6 `JO E T 0 S 3 asbestos U.S. GYPSUM COMPAN? ASBESTOS REMOVAL AMT HAZARDS CONTROL 3 g. Certification from the contractor that contractor employees were provided proper respirators and other personal protective equipment by the contractor. h. Disposal documentation, including receipts, manifests and weight tickets. i. The results of air sampling taken at the completion of work and subsequently by an independent laboratory or consultant. Individual test results should exceed the current OSHA or other government standards set forth in 29 C.F.R. Section 1910.1001. not d. Work Schedule. Time is of the essence of this contract in eacn ana every provision hereof and CONTRACTOR agrees to perform the work with diligence to furnish a sufficient number of skilled workmen and ample materials, supplies and equipment and, except for ajiy extensions of time granted by OWNER'S representative, to perform the work in compliance with the following work schedule: Work shall commence during the week of 21 July 1986 and be substantially complete seven (7) days thereafter. Provided that an appropriate extension of time covering such part of the work as is affected' shall be granted if CONTRACTOR shall be delayed at any time in the progress of the work by any act or omission of OWNER or any agent or employee of OWNER or by any separate contractor employed by OWNER or by changes ordered in the work. No extension of time shall be allowed, CQ ot however, for any such act or omission unless CONTRACTOR shall < give OWNER written notice of claim therefor within ten (10) days after the occurrence of such act or omission or for any such changes unless such extension shall be provided in OWNER'S written change order. 5. Responsibility for the Work. CONTRACTOR shall be responsible for the care and protection of all work and materials and upon completion of the contract and final acceptance shall deliver the work to OWNER complete and undamaged with said premises clean and in goo^l order. CONTRACTOR assumes the risk of damage or loss" and OWNER shall not be responsible until the final acceptance for any damage to or loss of any part of the work covered by this contract or to any materials, supplies or equipment used or to be used in or about the said work caused by fire, water, wind, theft, vandalism, malicious mischief, negligence, acts of Providence, or any other cause except'errors in the Contract Documents or a wrongful act or omission by OWNER, its agents CCful or employees. '>u>* 6. Separate Contracts. OWNER may award other contracts 'cn in connection with the work and CONTRACTOR agrees to cooperate 3 due solely to CONTRACTOR'S negligence /. Z6-H0 E IO S 3 .1-' :*. -v 4 fully with any other contractors and to coordinate his work with theirs so that all work shall be done in proper sequence and in accordance with the work schedule. CONTRACTOR shall not ;omait or permit any act or omission which will interfere with the performance of work, by any other contractor. 7. Payment. OWNER agrees to pay CONTRACTOR for performance of the work, and for all costs and expenses of CONTRACTOR in connection therewith (including all Federal, State and local taxes applicable to such work.) the sum of Four thousand four hundred fifty-five and no/100 dollars ($4,455.00). as follows: Eighty-five per cent (85%) of the value of the work completed and materials delivered at said premises in each calendar month will be paid on or before the fifteenth (15th) day of the succeeding month, provided proper applications for payment are presented to OWNER on or before the fifth (5th) day of such succeeding month, and the final fifteen per cent (15%) balance will be paid Forty. fi-vo--(-4'>days after completion of the work, and final acceptance thereof by OWNER. No payment, partial or final, by OWNER shall be evidence of performance in whole or in part by CONTRACTOR or shall be regarded as acceptance of defective work, or materials or relieve CONTRACTOR from liability under any guarantee. 8. Waiver of Lien and Contractor's Affidavit. With each application for either partial or final payment hereunder, CONTRACTOR shall furnish to OWNER a Waiver of Lien and a Contractor's Affidavit to the extent of such payment on OWNER'S Form 2369. CONTRACTOR by express stipulation in each of its subcontracts shall require that with each application for either partial or final payment each of its Subcontractors -shall furnish to CONTRACTOR a Waiver of Lien and a Contractor's Affidavit in form similar to OWNER'S Form 2369. Upon written request of OWNER, CONTRACTOR shall furnish to OWNER said Waivers of Lien and Contractor's Affidavits of its Subcontractors and upon like request shall obtain and furnish to OWNER Waivers of Lien from all other persons, furnishing any materials or performing any work in connection with Contractor's performance under this Contract. 9. Performance and Breach bv Contractor. If CONTRACTOR fails to perform the work according to the work schedule or if at any time it shall appear to OWNER'S satisfaction CONTRACTOR will be unable or is unwilling to so perform, or if CONTRACTOR deviates from the provisions of this contract op- the drawings r -spocifi cat ions-,--genara-1 c-ondi-tions or- instruct-ions-, or commits or permits any other breach of contract, OWNER, after four (4) days' written notice to CONTRACTOR, may provide, either l Thirty (30) via certified mail 86i5;o E l OS 0 . .*- r. * p" V -5- directly or by contract, such labor and materials as in its iudgment arc required to complete performance at' the work, in accordance with this contract or to correct and supply any rrors or omissions in the work., and may charge the costs thereof, including taxes, insurance and overhead, to the account of CONTRACTOR. Said costs, together with any damages sustained by OWNER, may be deducted from any unpaid balance due or to become due under the contract and CONTRACTOR shall remain liable to pay any costs or damages not so deducted. It in the judgment of OWNER any failure or performance by CONTRACTOR shall be deemed material, OWNER at its election may by written notice to CONTRACTOR immediately terminate or rescind the contract and complete the work, itself or contract the work to others. ' !-tf'.WSR-shn 11--pr-evido- labor--ajwd- ...... aa19ria 1 g--6-s-f--a-frcount' of-C0N~RACT-Ofi--e-t=--o-h^a-r-i--tethu-ir.a of -<pwiind"t'h&- t--as -af-o-r6aid l--OWNER ma'y--take pe-eces s an-- of' and- ut i 1-i-ae--bn- eopp-l-e-fc-t-ttg- the work.-any- mater-ials -- -tools and equipment of' CONTRACTOR as--may, then -bo on--t-he- -jo-b-- *-s i to.' 10. Payment After Breach by Contractor. In the event ;0WNER shall provide labor and materials as aforesaid, no `payment shall be made to CONTRACTOR until forty-five (4S) days after acceptance of the work by OWNER., at which time the difference between the unpaid balance of the contract price and the sum of the costs charged to the account of CONTRACTOR as aforesaid and of any damages sustained by OWNER as a result of CONTRACTOR'S breach of contract, shall be paid by the party from whom it is due to the party in whose favor it is due. 11. Non-Waiver of Breach. Failure of OWNER to avail itself of any breach of this contract by CONTRACTOR shall not * be deemed to be a waiver of any subsequent breach, whether or -J not of a like kind or nature. 12. Excuse of Performance. The performance of this -Agreement, except for the payment of money for services already rendered, may be suspended by either party in the event performance by CONTRACTOR and/or its subcontractors is prevented by a cause or causes beyond the reasonable control of such party. Such causes shall include, but not be limited to. acts of God, acts of war, riot, fire, explosion, accident, flood, or sabotage; lack of adequate fuel, power, raw materials; governmental laws, regulations, requirements, orders or actions; breakage or failure of machinery or apparatus; national defense requirements; injunctions or restraining orders; labor trouble, strike, lockout, or injunction (provided that neither party shall be required to settle a labor dispute against its own best judgement). 13. Performance Bond. CONTRACTOR shall furnish to OWNER a bond in the amount of $ N/A guaranteeing the full and faithful performance by CONTRACTOR i S3 ,3 CONTRACTOR shall first be allowed a three (3) day cure period in order to 3 remedy any alleged failure or lack of performance. CS013 Oti'99 *r srvi ASBESTOS REMOVAL AND' HAZARDS CONTRUr -o or .ill terms and conditions ot* this contract and the payment of ail obligations t'or labor, materials, supplies and equipment furnished in connection with the work, thereunder, the form of such bond and surety thereon to be satisfactory to OWNER. Such bond shall be paid for by ______N/A 14. Contractor's Duty to Replace. In addition to any performance guarantee or other guarantee of CONTRACTOR, CONTRACTOR agrees to correct or replace, free of charge or expense to OWNER, any defective labor, workmanship or materials performed orfurnished under this contract. Such obligation of CONTRACTOR shall be binding for a period of one year after the work is completed and accepted by OWNER. ' IS. Contractor Warranties. CONTRACTOR warrants that: it understands the currently known hazards which are presented to persons, property, and the environment in the removal, transportation, storage and disposal of .the described wt> materials; it will remove, transport, store and dispose of such materials in full compliance with all federal, state, and local statutes, ordinances, regulations, rules, and orders; the Disposal Facility above described is now licensed and permitted to store and dispose of materials within the description of Paragraph 1; in the event the Disposal Facility loses its permitted status hereafter during the term of this Agreement. CONTRACTOR will promptly notify OWNER of such loss; and CONTRACTOR is engaged in the business of providing the tarvices *.?ectfied in Paragraph 2 of this Agreement and has developed the requisite expertise in the conduct of that business. 16. Indemnity. CONTRACTOR agrees to indemnify, defend, and save harmless OWNER from and against any and all suits, actions, claims, damages or costs (including attorney's fees'; arising out of the infringement or alleged infringement of any patent by any- product or apparatus furnished by CONTRACTOR or .any subcontractor and incorporated in the work under this contract or by any product, apparatus, process or design used by CONTRACTOR or any subcontractor in the performance of the work. CONTRACTOR agrees to indemnify OWNER for any and all loss of or damage to the property of OWNER6and to indemnify, defend and save harmless OWNER from and against any and all suits, actions, claims, damages or costs (including attorney's fees) arising out of loss of or damage to the property of any other person or persons whomsoever (including but without limitation all materials, supplies, equipment or other property of CONTRACTOR or any subcontractor or any separate contractor) or arising out of injury to or death of any person or persons whomsoever (including but not limited to CONTRACTOR, any subcontractor, any separate contractor or the employees or agents of any of them), or arising out of any contamination of or adverse effects upon the environment or any violation of federaL. state, and/or local statutes, ^ Asbestos ^ Due solely to CONTRACTOR'S negligence U .S . GYPSUM COMPANY CS013 0600 vV-.v'. 7 ordnances, regulations, rules or orders, in the event that 'ny such loss, damage, injury or death shall result directly rnw any act or omission, or any breach ot' any statutory duty, or any breach or nonfulfillment ot any provision of this agreement, on the part of CONTRACTOR or of any subcontractor or of the employees or agents of either of them occuring either -in the performance of this contract or outside said performance but in. on or about the premises where the work is to be performed. 17. Insurance. CONTRACTOR shall carry insurance as specified below with an insurance carrier or carriers to<be first approved by OWNER. A. Worker's Compensation Insurance covering all employees in any way engaged in the performance of the contract, and Employer's Liability Insurance with statutory limits. B. Public Liability Insurance with limits of not less than $100,000 per person and $300,000 per occurrence insuring all operations and activities (including automobile) of CONTRACTOR in connection with the performance of this contract naming OWNER as an additional insured. C. Property Damage Insurance of not less than $50,000 per accident or occurrence (including automobile) insuring all operations and activities of CONTRACTOR in connection with the performance of this contract, naming OWNER as an additional insured. D. Such other insurance, or the insurance above described-, with such higher limits as may be provided in this contract under the description of work. Before starting work, ,,CONTRACTOR shall furnish to OWNER duly executed certificates stating that the required Insurance is in force with a 30 day cancellation notice provision. 18. Liens and Encumbrances. CONTRACTOR shall not suffer or permit any claim lien, attachment or other encumbrance to be put or remain upon said premises or other property of OWNER by CONTRACTOR or any third person7whomsoever or any claim of the third person to be made against OWNER on account of any matter connected with the performance of this contract or any other contract between the parties, including without limitation the furnishing of material, supplies and equipment and the performance of labor or services. CONTRACTOR shall not use in the performance of this contract any materials (except such as are to be furnished by OWNER) to which he docs not have absolute title. Any such claim, lien, attachment or 7 Employed by CONTRACTOR 0oo* CS013 ** > 3 other encumbrance or any such claim of a third pcrson7shall "rcclude ail right to any payment whatever under this contract until removed, ana in the event the same is not removed OWNER may remove the same at the expense (including costs and i attorney's fees) of CONTRACTOR and said expense may be deducted by OWNER from any sums due to CONTRACTOR from OWNER, and if the amount of .payments made by OWNER to remove or satisfy any claim, lien, attachment or other encumbrance of a third person exceeds the amount due or to become due CONTRACTOR. CONTRACTOR agrees to reimburse OWNER on demand for the excess amount so paid. ASBESTOS REMOVAL raflTHAZARDS CONTROL' 19. Changes and Extras. OWNER may order without notice ta.:itffctiea extra worn or make changes by altering, adding to, or deducting from the work.; but, except in emergencies endangering life or property, no extra work, or changes shall be done or made and no charge therefor shall be allowed except upon OWNER'S written change order setting forth the agreement of the parties as to extra costs, if any, and extension of time, if any. Such extra work, and changes shall be executed in full compliance with all terms and conditions of this Agreement except as modified by said change order. 20. Permits and Regulations. CONTRACTOR shall obtain all necessary permits ana licenses, give all notices and comply with all laws, ordnances, rules, regulations or oraers affecting the work (including those of the Board of Fire Underwriters), and shall pay all fees and charges in connection therewith. 'Without limiting the generality of the foregoing. CONTRACTOR must follow all applicable State and Federal regulations that apply to the demolition, handling and disposal of asbestos-containing materials, including but not limited to the regulations of the USEPA entitled "National Emission Standard for Asbestos", 40 C.F.R. Section 61.14Q bl-156 and the regulations of OSHA entitled "Toxic and Hazardous Substances - Asbestos". 29 C.F.R. Section 1910.1001, -as from time to time amended. CQMTftfteTOft-rhali"carefully examine--the drawings and--ape elf ications--and pr omp-t'l-y-noc ify OWNER in writing- if the- s-ante -are- at variance--with ouch laws . ordinances t--rules i--fo-gu-la-tion-s or orders > CONTRACTOR agrees to bear all costs, expenses, damages and fines arising out of violation of such laws, ordinances, rules, regulations or orders by CONTRACTOR or any subcontractor including all costs and expenses of conforming the work to the requirements thereof. U .S . GYPSUM COMPANY 21. Safety. It sh^ll be the duty of CONTRACTOR to provide for the safety of, and prevention of accident or injury to, CONTRACTOR, his subcontractors and the employees, agents and invitees of any of them while in, on or about the premises to be occupied or used in the prosecution of the work (including entrances, exits and rights of way) by carefully Inspecting said premises before starting work and from time to 7 employed by CONTRACTOR CS013 0602 .' -...-: - V: 9 tine thereafter for any and all dangerous conditions or activities in, on or about said premises and by giving said aersoris such notice of dangerous conditions and activities, by .nstalling and maintaining at all times such safety devices, guards, barricades and danger signs and by adopting such other measures as shall be necessary to safeguard said persons against all such dangerous conditions and activities however arising; to protect any and all other persons lawfully in, on or about said promises by similar measures against all dangerous conditions or activities arising out of work performed by CONTRACTOR or his subcontractors such as openings in the ground or structures, protuding objects, scaffolding, hoists, derricks, obstructions and falling materialsto comply with and enforce OWNER'S safety rules and directions and all applicable Federal, State and Local safety laws, ordinances, rules, regulations and codes; and upon completion of the contract to leave his work in a condition conforming to all safety requirements, A copy of OWNER'S General Safety Rules for the premises is attached to this contract and incorporated herein-9 CONTRACTOR shall not load or permit any part of any structure to be loaded with a weight that will endanger its safety and shall take suitable precautions against fire, electrical shock, gas escape and water damage. Explosives or equipment utilizing open flames or heat sufficient to create combustion such as welding or cutting equipment, torches and heaters shall only be used with the prior written authorization of OWNER'S representative and then only in strict compliance with the rules and regulations of OWNER and the directions of said representative. 22. Hazard Communication. In regard to any hazardous materials or processes expected to be encountered in the areas where CONTRACTOR'S employees will be working, it shall be CONTRACTOR'S responsibility and duty to furnish personal protective equipment as needed by CONTRACTOR'S employees prior to the start of the job. CONTRACTOR further acknowledges that he is familiar with the labeling system used by OWNER to designate the risks associated with hazardous materials.9 It shall be CONTRACTOR'S responsibility and duty to educate and warn its own agents and employees with respect to OWNER'S labeling system. Hazardous Chemicals List and Material Safety Data Sheets. It shall also be the responsibility of CONTRACTOR to provide to OWNER Material Safety Data Sheets for any materials to be brought onto the premises by CONTRACTOR. 23. Assignment. CONTRACTOR shall not assign or transfer this contract or any interest hereunder nor subcontract any wgork hereunder without the written consent of OWNER. In addition, any unauthorized entry in the work area by OWNER, OWNER'S Repreg sentative, or other visitors is hereby prohibited. y A copy of same 9hall be provided to CONTRACTOR'S superintendent. V . ; V-" . ,,. . - . - . CS013 0603 10 24. Accounting Reference Number. For purposes of accounting ana retcrcnce this contract is identified by '.VNER'S Number 225-G-6451. All billings and correspondence pertaining to this contract shall carry this number. 25. Severability. If any of the provisions of this Agreement shall contravene or be invalid under state or federal law, such contravention or invalidity shall not invalidate this Agreement or any other provision hereof, but this Agreement shall be construed as if not containing the provision(s) held to be invalid, and the rights and obligations of the parties shall be enforced accordingly. c oo 5 26. Notice. Any notice to be given under this Agreement shall be in writing and delivered to the respective party below: OWNER: U'S&iP> 'w MWcs OH ATTN: CONTRACTOR: ASBESTOS REMOVAL AND HAZARDS CONTROL 1620 EAST ADAMO DRIVE * TAMPA, FL 33605 ATTN: MR. RANDALL W. SKUBA ----- ----------- Eeuel- flmple-Tncnfe Ob pee tun ***-.-----Sn--all contracts---------exceeding a value of S10.QQ0.--GfrN:r-ftACTOft--wi-11 comply with all applicable Equal Employment'Opportunity requirements ,----------------ineluding fchoce-see gen-th--e-tv SeGti-on-30-2-of Executive -Order--. i 1-2-46,--as amended. 28. Confidentiality. During and after the term of this Agreement, CONTRACTOR and OWNER shall treat as confidential property and not disclose to others except as necessary to carry out the terms of this Agreement or as required by law, any information regarding either party's plans, programs, plants, processes, products, costs, equipment, operations, or customers which may come within the knowledge of the parties, their officers or employees, without securing the prior written consent of the other party. 29. Successors. This agreement shall bind the respective 1 parties and their heirs, executors, administrators, successors g and assigns. o u oo ojk K - 11 - IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year hereinabove set out. !` In the presence of: UNITED STATES GYPSUM-eOMPANY (Owj i By: Z' Randall W. Skuba Title: DIRECTOR, PURCHASINE Title: Vice-president 1 i Witness Witness: ; 0310V 1 i ;! .1 -i j; J -i 3 J il . zy v- .'t: : ..tU f:'' ;<: -'t* * CB013 0609 ,1 : ASBESTOS REMOVAL ENCAPSULATION, AND ENCLOSURE CERTIFIED AND LICENSED ASBESTOS REMOVAL CONTRACTOR HUNDREDS OF REFERENCES BONDED INSURED t * FULL E.P.A. AND OSHA COMPLIANCE FIREPROOFING PAINTNG ACOUSTICAL COATINGS SUSPENDED CEILING SYSTEMS PLASTERING DRYWALL AND METAL STUD WALL CONSTRUCTION SCHOOLS CHURCHES * OFFICE STRUCTURES HOSPITALS BANKS APARTMENT COMPLEXES HISTORIC STRUCTURES * HOTELS COOLING TOWERS SHIPS * INDUSTRIAL MANUFACTURING PLANTS ; . FEDERAL STATE AND CITY BUILDINGS . , , , r .. - RSBE5TQS REID0UDL DIID HDZDRDS COnTROL k A Division of William C. Skuba Company, Inc. . ."'"Iij * ; . FLORIDA OFFICE : NORTHEASTERN LLS. OFFICE SOUTH CAROLINA OFFICE .... ' . OTHER LOCATIONS FVxtdo 3360$ t North Church Shoot .- ' CotumMo, S.C.29201 ;; ' . :^'rv-Ai:,TBCA8, AND . 03-2S4-338<V .,v. r^ ,-L Vj ~Z 'jSr. ^ ~\ r. ' '"fy* -----tOLOGY FOR ASAFER ENVIRONMENT " ^ 0 OPPORTUNITY EMPLOYER " ; ^^^^^M^^Si^^^SERVING THEUNITED STATES^ CANADA AND PUERTO RICO".: '. y.* ,-*r--- '-U::i- v* ryi>.!'-r/-v - W-.i,;-* .*<: --: vi.  ~y-r -- ASBESTOS REMOVAL, ENCAPSULATION, ANO ENCLOSURE CERTIFIED AND LICENSED ASBESTOS REMOVAL CONTRACTOR HUNDREDS OF REFERENCES BONDED INSURED FULL E.PJL AND OSHA COMPLIANCE FIREPROOFING PAINTING ACOUSTICAL COATINGS SUSPENDED CEILING SYSTEMS PLASTERING ORYWALL ANO METAL STUD WALL CONSTRUCTION SCHOOLS CHURCHES OFFICE STRUCTURES HOSPITALS BANKS APARTMENT COMPLEXES HISTORIC STRUCTURES HOTELS COOLING TOWERS SHIPS INDUSTRIAL MANUFACTURING PLANTS FEDERAL, STATE, AND CITY BUILDINGS RSBE5TQS REmOVRL RRD HRZRRD5 COflTROL A Division of WlUIsm C. SMuba Company, Inc. Tampa, Florida 20 May 1986 ATTN: MR. DAVE K0S3XNIAK, PROJECT ENGINEER D.S. Gypsum Plant 6825 Evergreen Avenue Jacksonville, FL 32208 RE: ASBESTOS REMOVAL AND DISPOSAL INCLUDING AIR MONITORING FEES AT ABOVE LOCATION I. SCOPE 1. Remove 1 asbestos from two ducts - sizes 2'x4'x8' long. Plus encapsulate same after removal. Modified conventional set up. II. SPECIFIC CONTRACTOR RESPONSIBILITY 1. AREC to keep accurate records of test results. 2. AREC shall provide upon request: a. EPA Notification (only if material removed is greater than 260 l.f. or 160 s.f.) b. Copies of Worker's Release Forms. c. Copies of dump receipts from an approved landfill. d. Copies of Employee's medical records, if required. 3. All work shall be done by skilled workmen with proper supervision in accordance with all applicable EPA, OSHA, NIOSH regulations. 4. Work practices to be employed include both the use of glovebag removal, and conventional set up with decontamination facility. 5. ARHC shall provide all proper equipment and required materials. 6. ARHC to employ and pay for outside laboratory testing fees. FLORIDA OFFICE 1620 East Adamo Driva Tampa, Florida 33605 813-248-1218 NORTHEASTERN U.S. OFFICE SOUTH CAROLINA OFFICE Box 101 638 N. Churcn Streat 1229 Elmwood Awnue Columbia. S.C. 29201 Haztaton, PA 18201 803-254-3380 717-454-4390 WC ARE AN EQUAL OPPORTUMTY EMPLOYER "SERVING THE UNITED STATES, CANADA AND PUERTO RICO 5O0 NEW ENGLAND OFFICE P.O. Box 3429 Burlington. VT 05401 O 802-658-5878 lj O O>4 .i ,,- III. OWNER'S RESPONSIBILITY 1. To provide access to above mentioned areas without undo delay and coordinate with contractor's project manager. 2. To provide all water and electricity needed to complete project. 3. Owner's representative ONLY to enter work area with project manager. and will be subject to all governing regulations concerning asbestos removal. A. To alert building staff of asbestos abatement in progress and to advise them 3 to stay out of work area. 1 5. In instances where Owner supplies the air monitoring services, ARHC is to receive a copy of all of the air monitoring results for its files. IV. GENERAL SPECIFICATIONS - su - CYPSUM COMPANY 1.0 Temporary Enclosures , t a. Provide temporary removable enclosures to successive areas of building as work progresses as necessary Co provide acceptable working conditions. Provide weather protection for materials, and to minimize entry of unauthorized persons to contaminated work areas. b. Close joints between sheet materials, and seal edges and inter sections with existing surfaces to prevent penetration of dust or moisture. 2.0 Barriers a. Inclusions: Furnish, Install and maintain suitable barriers as required to prevent public entry, and to protect the work and existing facilities from construction operations. Remove when no longer needed, or at completion of work. ASBES/OS^foldvM TAND HAZARDS CONTROL 3.0 Removal and Disposal of Asbestos Materials Contractor: Contractor shall send notification, in duplicate with copies to Che Owner, 20 days prior to the commencement of work to the following address: Department of Environmental Regulation Bureau of Air Quality Management 2600 Blair Stone Road 3 Tallahassee, FL 32301 1. Notification shall Include the following information: "( i .-4f a. Name of Owner b. Address of Owner c. Address of the location of building, structure, facility, `- ?} or installation to be renovated. -wl d. Description of the building, structure, facility, or Installation to be renovated, including the alze, age, and prior use of friable asbestos-bearing material used. e. Scheduled starting and completion daces of renovation. n cn o f. Nature of planned renovation and method (a) to be employed.. u g- Procedures to be eafloyed to assure no visible emission of asbestos-bearing waste materials during the disposal operations. h. Estimate of amount f friable asbestos to be removed. 1. Name and location of landfill where asbescos will be dumped. o O<3- CD -3- 4.0 Produces a. Sealing Cape: Heae sensitive duct cape. b. Polyethylene bags: 6 mil minimum. c. Polyethylene sheets: 6 mil and 4 mil plies. d. Wetting agent: One (1) part 50 percenc polyoxyethylene ester, one (1) part 50 percenc polyoxyethylene ether at a concentration of one (1) ounce per five (5) gallons of water, or the equivalent. c coC-T2sOJ O o 5.0 Asbestos Removal Requirements Work. Area Preparation a. General: Any wall and floor surfaces to receive polyethylene membranes shall be free of debris, projections and sharp edges. b. Openings: All windows, doors, access panels, ducts and other pene trations into the work area shall be sealed with one layer of 6 mil polyethylene continuously taped at the perimeter. c. For piping the glovebag technique may be used in lieu of a conventional work area set-up. > CA 03 6.0 Worker Protection a. Physical Examination: The Contractor shall provide certification that all workers involved in the project have had a pre-work physical examination per OSHA regulations. b. Training: 1. The Contractor shall provide all workers with a training course that familiarizes them with the hazards of asbestos. The worker >N > shall have an understanding of the dangers inherent in handling 7o3 asbestos and breathing asbestos dust. CA 2. The Contractor shall provide all workers with training in the use of respirators. The workers shall have total knowledge of -the operation and maintenance of respirators. H r7o-3 3. The Contractor shall be prepared to administer first aid to in jured personnel after decontamination. Seriously injured personnel shall be treated immediately or evacuated without delay for decontamination. 4. The Contractor shall post all signs at designated entrances to work areas until final clean-up procedures are completed and the areas are in compliance. 5. The Contractor shall post all signs required by EPA and OSHA and shall be responsible for the warning and notification of person nel on the site in accordance with EPA and OSHA regulations and guidelines. c. Respirators: 1. General: a. The Contractor shall ensure that all persons are using respira tors while in the work area. A5B&8T0S REMOVAL AND HAZARDS CONTROL -4- d. Protective Clothing: 1. General: a. The Contractor shall provide all persons entering the work area with diposable protective clothing during the asbestos removal process. The clothing shall be of the coverall type. b. The Contractor shall ensure that each worker if familiar with the specified protective clothing and understands the need to wear it at all times while in the work area. 2. Disposal: All protective clothing shall be disposed of as asbestos-contaminated material before the worker enters the shower area. Rubber boots may be washed off and re-used. 3. Certifications: The Contractor shall provide the owner with a certificate of worker's release for each worker involved in the asbestos removal contract. The certificate of worker's release is included as part of this specification. e. Decontamination Stations: 1. General: The Contractor shall provide decontamination stations prior to any asbestos removal work for all non-glovebag work. 2. Clean Room: a. The Contractor shall ensure that che clean room is the only personnel entry and exit point to and from the work area (except emergency exits). b. The Contractor shall ensure that all street clothes and shoes are left in the clean room. 3. Shower Room (Contaminated Area): a. The Contractor shall provide a shower for workers. Each shower shall be equipped with an approved filter to filter shower water to 1 micron capacity. b. The Contractor shall provide and maintain an adequate supply of potable water, soap, and towels in shower facilities and shall be responsible for hygenic conditions in these facilities. (Xiner to supply all water and electricity need ed to complete asbestos removal project. 4. Equipment Room (Contaminated Area) : The Contractor shall provide 6 mil plastic containers for asbestos contaminated materials including protective clothing. U . s . GYPSUM COMPANY CSOJ 3 0610 I ' --;r. .--itY?:/- 'Sra ** -f--v.xvr-v r7.` .'v . ASBfSTOS REMOVAL AND HAZARDS CONTROL -5- 7.0 Asbestos Removal Methods and Procedures a. Surfaces of asbestos-bearing materials shall be sprayed with a water solution containing a wetting agent. The wetting agent shall be one part polyoxyethylene ester and one part polyoxyethlene ether at a concentration of 1 ounce per 5 gallons of water. As bestos-bearing materials shall be sufficiently saturated at all times to prevent excessive airborne fibers. b. The asbestos material shall be collected as a part of the removal process. Excess material shall be removed from the floor while work is in progress. c. The Contractor shall provide an approved negative air pressure filtering system on all non-glovebag type removal projects. 8.0 Disposal of Asbestos Containing Material a. All asbestos containing material shall be sealed in 6 mil disposal bags. b. All disposal bags shall display the warning "Caution-Contains Asbestos Fibers - Avoid Creating Dust - Breathing Asbestos Dust May Cause Serious Bodily Harm". c. All disposal bags shall be wiped clean before transport from the work area. d. The Contractor shall ensure the asbestos material is unloaded at the dunp site in an approved manner. Respirators shall be worn by personnel while loading and unloading bags. e. The Contractor shall provide a copy of the dump receipt for all asbestos containing material deposited at the dump landfill site. 9.0 Post Removal Clean-Up a. Wet clean all surfaces from which asbestos containing materials have been removed. b. Clean all equipment prior to removal from work area. c. Thoroughly clean all light fixtures, devices, and equipment that may have collected dust in the work area during the removal of asbestos material. d. After all asbestos containing materials have been removed, the Contractor shall clean all walls and other surfaces in the work area with water and/or with a High Efficiency Particulate Absolute (HEPA) filtered vacuum. The air samples shall be analyzed by a qualified testing laboratory using the Phase Contrast Microscopy technique, P & CAM 239 testing method. If the sample results show more than -03 fibers per cubic centimeter the Contractor shall repeat the cleaning procedures until the .03 fibers/cc limit is reached. 10.0 Miscellaneous a. 'Ventilation of the room shall be discontinued during asbestos removal. Any grills that provide air removal from the room shall be covered with plastic and taped. Use of HVAC system must be discontinued during removal operations. Responsibility for shut down of HVAC to be by Owner. Notification of HVAC shutdown to be made known to ARHC in writing. U .S . GYPSUM COMPANY CS013 0^11 -6- b. All polyethylene shell be checked daily for integrity and repaired immediately. c. Contractor shall provide certificate of insurance prior to commencement of work if required by Owner. 11.0 Payment Schedule Rayaant will--ha ns nnvV progresses baaed upon peseentage of cowplosion. Oueto-and A' j li iixinauu. qtrrrz " \ AH quotea iavnlid adti > * .5j J 2. PROPOSAL ACCEPTANCE a The aboua prices; gpaificaeiotu, and eonddadnrn irt.iwin'oi--eagy and arc, ln-iuUj uu.epi.ed. AIU1C. IP AULlmriucd M do chi urir-aa-jpuiified Paymoac wt-li bi. iii.nJ'L~a^--liaad- .w DATE OF ACCEPTANCE: m \ r;:li SIGNATURES: '. --_JS - :.*VJi DJflflJTOR, PURCHASES ` T.M. YANETTE, VICE-PRESIDENT r"Jn m 1 [ j1 r"11 '^*ir'-m--rntn*n-r' -Mi t3 CS013 0612 '.1