Document Eq8kr7NOKEqoe3Xe560gZ662V

CYANAM/D PLAINTIFF'S EXHIBIT ACC-22 To: From: A. C. Marek Wayne N. D. Yin Wayne Date: Way 15, 1991 Copy to* J. J. C. Capoross Lawrence-AZ Marin-AZ B. Reid-M2 2708 ASBESTOS - AZUSA RESIN PLANT Reference: Asbestos identification at Azusa Old Resin Plant can be categorized in the following ways: 1. DESIGNATED ASBESTOS - CONTAINING MATERIALS Based on the previous test results and economic concerns, all pipeline insulations, trancite siding materials and insolation materials on Dow Therm and hot oil system are designated as containing-asbestos materials. In such, it can be handled easily and cost effectively during the future abatement project. The exhaust ventilation duct on top of tanks BK3 and BK5 due to asbestos was once used as a raw material, should also be designated as the asbestos contaminated material. Insulations of reactors, storage tanks, PK1, PK2, PK3, PK4, CK1, CK2, BK1, BK2, BK3 and the condenser tank suspended on top of PK3, are recognized as containing asbestos. 2. SUSPECTED ASBESTOS - CONTAINING MATERIALS 17" storage tanks, spray on materials on the iron bean, debris on the ground are suspiciously containing asbestos and 26 samples were collected on 5/8/91 for identification. Samples are being analyzed for asbestos at Stamford Industrial Hygiene Lab and results will be available by 5/29/91. 3. TANKS DO NOT CONTAIN ASBESTOS MATERIALS 29 tanks and one silo does not have insulation material and therefore, should not be included in the future asbestos abatement project. Once laboratory results are finalized, I will summarize the asbestos information on tank insulations for you NDY:kt/ndy0515a 0190 Hygienetics, Inc. February 28, 1991 19600 Fairchild, Suite 120 Irvine, CA 92715 (714) 955-0201 Telecopy: (714) 955-0965 Mr. Jesse Marin, Facility Manager . Criterion Catalyst Co. 1001 N. Todd Ave, Azusa, C* sc-------- Re: Design and Construction Services - Criterion Catalyst Facility Dear Mr. Marin: We are pleased to submit the attached proposal and associated fees to provide Design and Construction Phase Services for the forthcoming asbestos abatement project at your facility. It is our understanding that previous inspections have identified the asbestos-containing materials at the facility. Therefore, we have not included confirmatory sampling activities within our proposal. It is also our understanding that interior tank limngs/insulations are not included within the scope of work. We are proposing fixed fees (excluding reimbursables) for Tasks I, II, III-A, and IV. For Task III-B (Compliance Monitoring of the Contractor) we are estimating a per shift fee of $630.00. This fee is based upon an 8-hour work shift by the Abatement Contractor and assumes that six (6) PCM area samples will be collected and analyzed by the on-site industrial hygienist. When we have completed the Design Phase, we will be able to establish a budget for our on-site services. Ail aspects of this project will be completed by this office. We anticipate that Mr. Mercado will serve as our Project Manager and will report to you. We have also enclosed a specimen copy of our Certificate of Insurance for your review. We are very interested in receiving this contract. Therefore, should you wish to discuss any aspect of our proposal or fee structure, please contact me immediately. We look forward to working with you and Criterion Catalyst. Sincerely, J. Michael Jones, AJI.A. Sr. Vice President JMJ1:LA91028/L0030 cc: Mr. Nick Yin 0191 INDUSTRIAL HYGIENISTS/ENGINEERS/ARCHITECTS/ENVIRONMENTAL CONSULTANTS BOSTON CHICAGO HARTFORD NEW YORK HONOLULU OFFENBACH. FRG SAN FRANCISCO WASHINGTON. D.C. (Headquarters) PROPOSAL FOR DESIGN AND CONSTRUCTION SERVICES ASSOCIATED WITH ABATEMENT OF ASBESTOS MATERIALS Prepared For: CRITERION CATALYST 1001 N. TODD AVENUE AZUSA, CALIFORNIA 91702 Prepared By: , n HYGIENETICS, INC. 19600 FAIRCHILD, UITE 120 IRVINE, CALIFORNIA 92715 FEBRUARY 28,1991 JMJ1:LA91028/L0030 0192 SCOPE OF SERVICES Task I - Design and preparation of Contract Documents, Drawings, and Specifications. The preparation of these documents for the removal of asbestos-containing materials from Section 1 (Dowtherm), Section 2 (East Tank Farm), Section 3 (Passageway from Process Area), and Section 4 ( Kettle Tanks in Process Area) will include the following tasks: 1. Site visit to document existing conditions and generate quantity estimates; 2. Preparation of Bidding Documents; 3. Preparation of General Conditions and Supplementary Conditions of the Contract; 4. Preparation of the Technical Specifications for the abatement work; 5. Preparation of Contract Drawings indicating ACM locations, work area isolation zones, staging areas, etc.; and 6. Consultant's estimate of abatement costs to execute the work. FIXED FEE (excluding reimbursables): $3,200.00 DELIVERY TIME -100% submission within two weeks of site visit. 0193 Task II - Evaluation of Abatement Contractors, Pre-Bid Meeting, and Selection of Abatement Contractor. Hygienetics will submit to Criterion Catalyst a list of at least three pre-qualified abatement contractors. Upon approval of the list by Criterion Catalyst, Hygienetics will only invite the pre-approved abatement contractors to bid for the project. A pre-bid meeting will be conducted by Hygienetics and be attended by Criterion Catalyst representatives, and representatives of the contractors. Hygienetics will assist Criterion Catalyst in evaluating the bids and selecting the most responsive bidder. FIXED FEE (excluding reimbursables): $1,160.00 0194 Task III - Construction Monitoring Hygienetics will provide trained personnel to observe the work of the asbestos abatement contractor to determine substantial compliance with the specification and Contract documents. Hygienetics shall also be responsible to collect and analyze air samples before (background), during, and after abatement activities. Air samples shall be analyzed by the Phase Contrast Microscopy (PCM) NIOSH 7400 Method. Criterion Catalyst shall provide Hygienetics an appropriate space to be used by Hygienetics as an on-site laboratory' for the duration of the project. A. Pre-abatement submittals review and background air sampling. FIXED FEE: - = $670.00 B. Cost per shift of monitoring during and after abatement activities (per 8 hour shift of abatement contractor) Project Manager Industrial Hygienist (est.) air samples 1 hr @ $60/hr 9 hrs @ $50/hr 6 @ $20/ea $ 60.00 $450.00 $120.00 COST PER SHIFT (excluding reimbursables) $630.00 0195 Task IV - Close-Out Documentation Hygienetics will prepare and submit to Criterion Catalyst a close-out report in compliance with South Coast Air Quality Management District (Rule 1403) and in accordance with the Contract Documents. This document will contain, but is not limited to, the following: 1. Project Summary Report 2. Daily Project Summaries 3. Weekly Project Summaries 4. Specifications 5. Job Schedule 6. Notifications 7. Copies of Licenses 8. Waste -Manifest 9. Final Inspection Forms 10. MSDS/MFG Data 11. Register of Approved Asbestos Workers 12. Contractor's Daily/Weekly Sign-in Sheets 13. Worker Training/Respirator Fit Test/Medical Documentation 14. Worker Acknowledgement Statements 15. Contractor's Personal Air Monitoring Results 16. Hygienetics' Air Monitoring Results 17. Daily Asbestos Removal.Inspection Records 18. Contractor's Daily Work and Staffing 19. Asbestos Project Visitor's Register 20. Contractor's Insurance Certificate 21. Contractor's Formal Written OSHA Respirator Plan 22. Contractor's Emergency Evacuation Plan 23. Contractor's Standard Work Practices 24. Correspondence 25. Site Photographs FIXED FEE (excluding reimbursables): $2,160.00 FEE SUMMARY Task I - Design Phase Task II - Bidding Phase Task III - Construction Phase A. Pre-Abatement B. Abatement (per work shift) Task IV - Close-Out Documentation Reimbursable Expense Summary Mileage @ $0.26/mile Reproduction-(photocopy/printing) @ cost Courier/Express Mail @ cost 53,200.00 51,160.00 S 670.00 $ 630.00 52,160.00 0197 jqro'q-i i PRODUCER 1 "i SEDGWICK JAMES OF NEW ENGLAND/- INC, 40 BROAD STREET BOSTON/- MA 02109 ATTN: JANET.MERRILL INSURED HYGIENETICS/ INC. 98 NORTH WASHINGTON :STREET BOSTON/- MA 02114 Twrrccs laf ISSUE OATE (MM/OD/YY) H 10/15/sb THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIOHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OOES NOT AMEND EXTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A COMPANY LETTER B COMPANY LETTER C COMPANY LETTER D company LETTER LEXINGTON INSURANCE CO. NEW ENGLAND INSURANCE CO. UNITED COASTAL FIDELITY 8 CASUALTY CO OF NY ROYAL. INSURANCE CO OF 'AMERICA THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 1 NOTWITHSTANDING) ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES OESCRIOEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDI TIONS OF SUCH POLICIES. CO type of insurance POLICY NUMBER nr GENERAL LIABILITY X COMPREHENSIVE T0RM X PREMISES/OPERATIONS X UNDERGROUND EXPLOSION & COLLAPSE HAZARD X PROOUCTS/COMPLETED OPERATIONS X CONTRACTUAL i X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE PC 553-2401 * X PERSONAL INJURY X Broad . Form A JTOMOBILE LIABILITY CGL E- ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) PMKX13044(4) ALL 0WNE0 AUTOS (pr^VaSS^) 1 ~r HIRED AUTOS X N0N-OWNE0 AUTOS GARAGE LIABILITY X SCHEDULED '/ 5 HIC1 .ES C EXCESS LIABILITY MV0000393 X UMBRELLA FORM OTHER THAN UMBRELLA FORM D WORKERS' COMPENSATION 23C8746445901 AND EMPLOYERS' LIABILITY OTHEH C Professional Liability UC PC-01 37 Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS policy effEciiv? 0AI (MM/OO/YY) 11/28/89 POLICY EXPIRATION 0AIE (WM/TXVYY) * 11/28/90 LIABILITY LIMITS III THOUSANDS . '' EACH OCCURRENCE AGGREGATE BODILY INJURY $ $ PROPERTY DAMAGE $ s 81 i PD COMBINED $ 1000 $ '1000 PERSONAL INJURY $ 1000 07/28/9C 11/28/39 09/12/90 11/28/35 07/28/91 KBIT Km m PERSON! $ 17X1 Km (W JCOKfl) $ 'V :r~yiv f.rxz&fc . `j ' ' '.** PROPERTY DAMAGE s *!, v; *y ` * . * 61 & PD COMBINED $ 1000 11/28/91 i 01 A PO COMBINED $5000 . * . , y'" $ 5000 09/12/9' 11/26/91 STATUTORY $ 000 . $ 00 0 i- S 000 (Each accioeni) (DISEASE-POLICY LIMIT) (DISEASE-EACHEMPLOYEE) 1/ 000/000 OCC 3/ 000/000 . AGG THIS IS A SAMPLE CERTIFICATE feefttlFlCATfi' MOUJErt^;[Y :0;jf 10- 24 0198 8 WmnwnmKv>i,Vimmnji SHOULD ANY OF THE ABOVE PESCRIBEO POLICIES BE CANCELLED BEFORE THE EX PIRATION OATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL -5 L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE mm BBIBBiBHminponmm *JlV-lfTi>i!2TMX