Document KJjYoo4ZZE8zRjzOrd9MmjwYo

cc .iact number SERVICE CONTRACT Thuigmmeot (the "Agreement") umerle by end between OOAgTAL RETINDC t MARKETPC, INC. (bereinefler referred to u "Comnnv") end BASIC TNmSTRTTy; TNC-(bereinefler referred lo u "Contractor"), wboee buiinrei eddreee is 9139 V^TJ.TSVTTJE ROAD, HTUS'lCN. '.noXAS 77029 WHEREAS, ConfMny desires to secure the services described below (hereto collectively celled "Work*); sod WHEREAS, Contractor is in the business of providing such services and desires to provide the Work in accordance with the terms and conditions contained hereto. Now, therefore, to consideration of the premises and mutual covenants contained hereto, Company and Contractor agree as follows: PART A 1 SCOPE OF WORK During the term of this Agreement, at the limes and locations agreed to by the parties, Contractor shall perform and/or provide the Work described to Attachment I hereto and/or such Work as is described in any Work Orders issued pursuant hereto subsequent to the date hereof, all in accordance with any specifications or descriptions therein 2 CONTRACT PRICE AND TERMS OF PAYMENT 2.1 Company shall pay and Contractor shall accept as full and complete compensation for satisfactory performance of the Work, the following Contract Price- HOURLY RATES AS /CREED TO BY TOE PARTIES AND SET PORTO CN TOE PERSCtNEL SJFMARY AM) EQUIPMENT SU*RKY MADE A PART HEREOF AS EXHIBIT C AM) EXHIBIT D (pages A-8 and A-9) aJL is ^ 2 1.1 Any additional matter* relating 10 Contract Pnce are addressed in Attachment 1 hereto. ' t 2.2 Subject to the other terms and conditions contained herein, Contractor shall submit invoices u, Company for the f services furnished and any other expenses incurred hereunder. Such invoices shall itemize the charges for services and expenses, shall make specific reference to the Contract Number above, and shall have appended thereto such supporting documentalion as may be required for substantiation Company shall make payment to Contractor within a reaaooable period following the receipt and approval of such invoices. 3. TERM. Time of performance and the quality of Work shall be of the essence with respect to this Agreement. The Term of this Agreement shall be in effect from the date of execution hereof until one of the following occurs; 3 1 Tbe completion of Work or at a completion date as set out in Attachment 1; or 3 2 In accordance wiih Company's wniten notice to Contractor to discontinue Work, as of a date certain, for any reason other than unsatisfactory performance, or 3.3 Immediately upon receipt of Company's notice to Contractor, at any time, that Work is not being performed in a reasonable or satisfactory manner, in Company's sole discretion; or 3 4 Upon either party being adjudged a bankrupt, or commencing or having commenced voluntary- or involuntary bankruptcy or liquidation proceedings or entering into an assignment for tbe benefit of creditors 4 INSURANCE 4.1 In addition to other insurance requirements that may be set forth in Part B. Contractor (and its subcontractors) shall maintain in force at its sole cost and expense with insurance companies satisfactory to Company and at all limes dunng tbe tens hereof, insurance sufficient, and as may be required by law, to protect Contractor and Company from and against all claims, demands and causes of action arising by reason of performance of the Work hereunder Such insurance shall: name Company as an additional insured, except under 4.1 I below; provide a waiver of subrogatioo in favor of Company, its agents, employees and representatives, state that sucb coverage is pnmary to any other valid insurance available to Company; and provide for notice to Company of cancellation or change thirty (30) days prior to the effect thereof A certificate evidencing the following coverages shall be delivered to Company prior to commencement of the Vork Such insurance shall provide for coverage of at least the following minimum amounts and shall be written on an occurrence type form, if available 4.2.1 Worker's Compensation Insurance and Employer's Liability Insurance as provided by Statute, including coverage under U.S. Longshoremens and Harbor Worker's Act if applicable Contractor expressly agrees to comply with all provisions of the Worker s Compensation Laws of the state(s) wherein Work is to be performed 5FOIUW0 SEI j'v: A-1 RAM 0001750 rebensive Gc I Lability and Property Dimage Insunnc Bodily Injury end Property Damage, 4.1.2 /iuwd tingle lunit eech occurrence: S 1,000,000.00 Such policy ibell include Contractual liability; oducts end Completed Operations; Breed Form Property Damage; Premuee end Operations; Owner's end Gootractor's Protective; end deletioo of Eiploetoo, Collepee, end Underground Heard Lability, if eppliceble. Tbe policy ehell cootetn e eeverabihty of interest cleuee or e standard croes-lobtlity aodoneoeal- J Automobile Liability and Property Damaga lesuranee, Including hired, reeled or DOS owaad amoasobUaa; BodUy Injury, property damage, combined single limit each occurrence I 1.000.000.00. 4.14 Umbrella Liability coverage in excess of the coverage in 4.1.2 and 4.1.3 above, with a combined stogie limit for Bodily Injury and Property Damage of ai least S 5.000.000.00 4 15 Professional Liability or Architects and Engineer! Errors and Omissions: SN/Afor each occurrence. 5 LIABILITY AND INDEMNITY 5 I Contractor shall protect, defend, unconditionally indemnify and bold Company, its employees, directors, officers, and agents free end harmless from and against any and all lability, losses, claims, liens, demands, damages, end causes of action of every lund and character, including without limitation judgments, penallies, interest, cowl costa, and any legal fees incurred by the Company in defense of same (including attorneys' fees incurred in enforcing this aedaaonity), which Company may at any time suffer or sustain or become liable for by reason of any negligent act or nnhuinri of Contractor, or its employees, agents, or subcontractors with respect to any accidents, damages, or uyunas either to person or property or both of Contractor or of tbe employees of either party or of any other parties, or to the property of Company, tn any manner arising from or connected with the Wort performed hereunder. Contractor's tndesnsuBeation obligations shall apply regardless of whether Contractor was solely or concurrently negligent Further, Contractor ahall, ai its own expense, investigate handle, respond to, provide defense for end defend any claims or suits for which it has indemnification obligations hereunder and ahall bear all coats and expenses related thereto, including costs of settlement. 5 2 Contractor makes no representations, covenants, warranues or guarantees, express or implied, other than those expressly set forth in this Agreement. In no case ahall Company or Contractor be liable for contingent or consequential, special or indirect damages, except is to Contractor as may result from Contractor's grots negligence or willful misconduct. 6 NOTICES All notices and invoices to be given hereunder shall be in writing. Such notices ard invoices shall be deemed given upon the actual date of receipt and shall be mailed or otherwise delivered to tbe addresses listed below: If to Company. INVOICES: COASTAL REFINING AM) MARKETING DC. P.O.BOX 109 OORPUS CHRISTI, TEXAS 78403 ATIN: ACCOUNTS PAYABLE If to Contractor. BASIC INDUSTRIES INC. 9139 VRLLISVIELE ROAD OORPUS CHRISTI, TEXAS 77029 ATIN: JOH4NIE EAV1S SR. / / f 7 OTHER CONSIDERATIONS NOTICES: COASTAL REFINING L MARKETING, 1300 CANIVELL LANE CORPUS CHRISTI, TEXAS 78403 ATTN: L.J. HUWE INC. 8 This Agreement is composed of this Pan A. Pan B General Terms and Conditions, all attachments to either of them, and all Work Orders issued pursuant bereio. This Agreement sets forth the full and complete agreement of the parties and supersedes any and all proposals, negotiations and represenutions of the pames made or had pnor to tbe execution hereof relative tu the subject mailer of this Agreement If any of the Work provided for by this Agreement was commenced by Contractor pnor iu (be esecuiioo hereof, this wnilen Agreement shall apply thereto in the same manner as if made before the performance of the Work commenced In no event shall the preprinted terms or conditions found os any form sales document or purchase order be considered an amendment or modification of this Agreement, even if such document is signed by representatives of both panics, such preprinted terms or conditions ahall be considered null and of no effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the 27 day of______ JUNE, 19 |g . CompiDj Contractor (TWTTAI. REFTNTNG t MARKETING, INC. b> Title. tSf & <c N _____________ tf ____BASIC INDUSIRISS XNC. By: dfAj Title'___] JFOfcMOO SEX J"*? A-2 RAM 0001751 CONTRACT NUMBER DATE JUKE 27, 1992 ' contractor basic DPUsrarEs pc. ATTACHMENT I WORK COMPANY LOCATION-. 1300 CAMVELL LANE, OCKPUS CHRISTI, TEXAS 78403 WORK thill betin by JUNE 27, 1992 JUNE 26,1993 and shall bi comnietad by -- - Scope of Work: A CNE YEAR CONTRACT TO FUJNISH COMPETENT LABOR AM) SUPERVISION PGR INSUIATICN/SCAITOLDIIC AND OTHER SUCH WORK AS IS MORE PARTICULARLY DESCRIBED IN THE SOCPE OF WORK, AW) JOB DESCRIPTIONS ATTACHED HERETO AS EXHIBIT A AND EXHIBIT B (pages A-4 through A-7). / 4 f CONTRACT PRICE Contract Pnce shell include: REIMBURSEMENT FOR IABOR EXPENDED AND EOUIPMENT USED TO OCMPLETE SCOPE CF WORK, IN ACCORDANCE WITH TOE RATES SET FORTH CM EXHIBIT C AW) EXHIBIT D ATTACHED HERETO. Other Terms. Hourly rates, if lay, ire for actual services rendered and an Dot applicable to travel time. All time worked must be recorded os a Company-approved time sheet end approved by Company's designated rtpreeeotauve. ANY AND ALL EXHIBITS HERETO ARE AND SHALL BE INCORPORATED HEREIN AND MADE A PART HEREOF FOR ALL PURPOSES. irotMDira yn A-3 *r RAM 0001752 EXHIBIT A SCOPE OF WORK The Insulation/Scaffolding Contractor will agree to have available at all times; labor, equipment, competent supervision, as well as all other facilities necessary or desirable for the completion of the following: 1. Installing of insulation on Coastal property including but not limited to the following: piping, vessels, drums, tanks, and heaters. 2. Asbestos abatement and removal per Coastal's direction. 3. Scaffolding as required for asbestos removal, insulation, and as required to support other Coastal service maintenance contractors per Coastal's direction. 4. Additional personnel and equipment may be required on an "as needed basis" per Coastal's direction. Additionally the Contractor will be required to make himself aware of and be in compliance with the following regulations. 1. Normal working hours are from 7 A.M. to 3:30 P.M. and Contractor will not be allowed to charge at a rate other than "straight time" for any employee who has not worked more than 40 hours during the Coastal approved Contractor's pay period except for employee's hours worked during a Coastal designated holiday. Any exceptions to this must be submitted and approved by Coastal. 2. Coastal will request personnel and equipment for routine and planned work each Friday afternoon based on the "Approved Contract Manpower" schedule for the following week. Coastal will not be chargeable for services not requested. When additional services are required an amended "Contractor Summary" will be issued, dated and signed by Coastal's Maintenance Manager. Personnel vehicles and all other Contractor provided trucks and equipment will be charged either hourly or monthly as determined upon selection of the successful bidder. Contractor supplied equipment must be inspected by an authorized Inspector and be maintained in compliance with OSHA standards while working in the plant. The Contractor will be responsible for fueling and maintaining their equipment. All personnel and equipment shall be in compliance with Coastal's Safety Policy. 3. All tools not provided by Coastal will be listed as Small Tools Inventory to be kept in the Contractors Service Truck. All other tools are to be checked out from the Coastal Tool Room. Consumables are to be requested as authorized by Coastal from the Warehouse. A-4 RAM 0001753 4. Contractor personnel will be required to have and maintain proof that they have received CBBR safety training before starting work on Coastal Property. Additionally a two (2) hour on-site Safety Orientation is required before an employee begins work at Coastal. All Contractor's and employees must provide record of a recent Drug Urinalysis to Coastal Safety Office before beginning work and are subject to drug testing and security checks while on Coastal Property. The cost of the preemployment drug testing will be borne by the Contractor. The Contractor shall provide OSHA required personal protective clothing (including gloves) and shall see to it that all employees wear long sleeves, hardhats, safety glasses and proper footwear. Beginning July 1, 1992 required "Nomex" fire retardant coverall's shall be worn while on Coastal Property. The coveralls shall be permanently marked and shall identify them as contractor's property. 5. For bid purposes two forms are attached. The Personnel Summary sheet for craft positions lists all classifications which are required for the "Base Crew". A suggested minimum crew size is indicated next to the craft positions for information only. The Contractor is invited to submit the rate and terms whereby they would supply a timekeeper and safety man. The Equipment Summary sheet is similar; however neither the personnel nor the equipment levels are guaranteed. Equipment downtime except for tire repair is not chargeable to Coastal, furthermore, in the event of equipment breakdown the cost of the delivery of replacement equipment will be borne by the Contractor. A four (4) hour minimum charge is due the Contractor when equipment is called out. Operator and equipment time will be listed and billed separately. All bidders are required to fill out the rates sheets exactly as set forth on these forms. Space is provided on the form for the Contractor to list additional crafts or equipment he has available; however only the required craft and equipment rates will be considered in evaluating the bid forms. A brief job description listing the present duties and responsibilities of the contractor personnel is attached however, Coastal reserves the right to change duties and transfer contractor employees to other duties as the need arises. 6. The rates set forth and agreed to in #5 will be adhered to for the base crew and any additional personnel used during the life of this contract. Any increases or changes to the rates agreed to in this contract must be submitted to and approved by Coastal prior to being implemented. Time sheets shall be turned in to Coastal Maintenance on a daily basis before 9 A.M. the following work day for approval. 7. Contractor will make every effort to minimize his employee turnover. However, Coastal reserves the right to disqualify any contractor employee without reason at any time. A-5 RAM 0001754 EXHIBIT B JOB DESCRIPTIONS GENERAL MAINTENANCE CONTRACTS All contractor employees must be in good physical condition and are subject to callouts/weekend work/holiday work. Coastal reserves the right to disqualify any contractor employee without reason at any time. The job descriptions listed below are intended to be a guide in determining rates and in- our expectations of the quality of people we feel are needed to perform the jobs satisfactorily and safely. The successful bidder is requested to consider the present job incumbents provided they voluntarily apply for employment. Foreman 1. Must be knowledgeable of OSHA regulations on scaffolding 2. Must be knowledgeable of the various kinds of scaffolding (i.e.. tube, frame) 3. Must be knowledgeable of insulation work (metal work, pipe covering) 4. Must be knowledgeable of asbestos abatement (must be qualified abater and must supervision abatement crew ) 5. Must have commerical drivers license 6. Must be a working foreman 1. Must be timekeeper and contact man. 8. Must be able to work closely with our Environment dept. 5. Must have abestos certification card. Scaffold builder 1. Must be knowledgeable of OSHA regulations on scaffolding 2. Must be knowledgeable of the various kinds of scaffolding (i.e.. tube, frame) 3. Must be cross-trained as insulator and asbestos abater 4. Must have commerical driver's license Asbestos Abater 1 . Must be knowledgeable of asbestos abatement (must be able to supervisor abatement crew) 2. Must be knowledgeable of OSHA regulations on asbestos abatement and removal. 3. Must be cross-trained as a scaffold builder and insulator. 4. Must have commerical driver's license A-6 RAM 0001755 Scaffold Builder/Insulator 1. Must be trained to do scaffold work. Insulation work, and asbestos abatement 2. Must be able to follow supervisor's written and verbal instructions 3. Should be familiar with the various types of scaffolding A- 7 RAM 0001756 EXHIBIT C PERSONNEL SUMMARY Positions Reauired Straight Time Rate Overtime Rate Employee Pav Rate Foreman (1) Scaffold builder (11 Abater f21 25.70 16.39 17.00 34.18 21.80 22.61 16.50 10.50 10.50 Scaffold Builder/ Insulator (3} 16.39 21.80 10.50 *_Abatement Monitor * 3rd party Abatement Monitor is on an "as needed" basis Other crafts available Sub Foreman 2nd Class Insulator Heloer 21.84 13.27 10.14 29.05 17.65 13.50 14.00 8.50 __ 6.50___ oo to Laborer 9-36 . J-2 ,45___ NOTE: NUMBER IN PARENTHESIS ARE PRESENT BASE CREW LEVELS BUT ARE NOT GUARANTEED. A'S RAM 0001757 EXHIBIT D EQUIPMENT SUMMARY Description of EauiDment Reauired Rate per Hour Crew oickuD 1/2 ton (1) 4.40 Decontamination Unit/ Abatement trailer m 11.50 Scaffold truck _111 4.92 Neaative Air Machine 1.50 * 6'x 6'x 6* scaffold Sections 20 each 5.78 * includes l deck, toe boards, and handrails Rate per Month 762.00 2.000.00 850.00 200.00 1.000.00 IN ADDITION, THE CONTRACTOR IS REQUIRED TO PROVIDE ALL SCAFFOLDING MATERIALS AND SMALL TOOLS. NOTE: THE NUMBERS IN PARENTHESIS ARE PRESENT BASE CREW LEVELS BUT ARE NOT GUARANTEED. RAM 0001758 PART B GENERAL TERMS AND CONDITIONS The following term and conditions shall apply to all Service Contracts unless specific provision to the contrary is made in Article 7 of Part A hereof or unless a certain provision of this Part B is not applicable to the particular scope of work provided for in Part A. 1. Definitions 1.1 Additional Work Additional work is defined as the Work authorised in writing by Company which may extend the scope of the project beyood that originally intended or planned; such Work may involve additional engineering, drawings, specifications, materials, and/or labor in conjunction with the original project 1.2 Overtime - Overtime is defined as lime worked beyond Contractor's regularly scheduled work hours. Company must pre-approve in writing all reimbursable overtime hours to be worked. 1.3 Overtime Compensation Overtime compensation shall be limited to the actual cost to Contractor of the overtime pomoo of applicable wages, plus benefits and such other payroll burdens as are actually required and paid with respect to the overtime 2 Ctirtfiflart Undcnttndinu 2.1 Contractor dull furaufa all supervision, labor, and except as specified otherwise in writing, all aquipaeot. tools, materials, servient, and supplies necessary for the proper performance and timely execution of all Work in accordance wub the terms of the Agreement. 2.2 Cootractor must, by careful poor examination, satisfy itself as to the nature sod location of the Work, the general and local cooditioos, and all other matters which can in any way affect the Work covered by the Agreement Any information and data supplied or furnished by Company to Contractor is not intended to relieve Contractor from iu responsibility to with care the nature and location of the Work 2.3 No oral agreement or cooversatioo with any employee at Company at any time shall affect or modify any of the terms or obligations of these General Terms and Conditions and this written Agreement. 2 4 Company shall have the ngbi to nuke changes to the Work, either before or after it: commencement Such changes shall be executed only on written order from Company. If Company's requested changes require a pnce and/or schedule revision, such revisions shall be negotiated and mutually agreed upon by Company and Contractor. Article 14 of this Part B shall be the basts of negotiation. 2.5 Contractor shall not execute changes to the Work on oral notification. Any costs Contractor incurs upoo execution of an oral change order shall be for Contractor's account 2 6 Contractor shall not. without the express written permission of Company, bnng onto Company's property any hazardous or toxic matenals. If Contractor receives such permission. Contractor shall notify Company as to the identity, location and any suggested appropriate protective measures respecting the hazardous or toxic materials, and, further, shall provide any appropriate Material Safety Data Sheets (MSDS) for same. 3. Independent Contractor Contractor is and shall be uu-med to be an independent contractor in respect to all Work covered by the Agreement, and any workers, employees or subcontractors used by a in connection with the Work art not and shall not be considered to any sense to be the employees or servants of Company Contractor shall have control over the details and means for performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything herein which may seem to give Company the right to direct Contractor, is and shall be deemed to reflect only Company 's interest in the intended results of the Work 4. Supervision - Contractor assumes the responsibility for providing supervision, satisfactory to Company, for the equipment, matenals, and workmanship used in and the personnel engaged in the execution of the Work covered by the Agree roent 5 Subcontracts 5 1 All Work done under the Agreement shall be accomplished entirely by Contractor's own personnel Neither this Agreement nor any of the Work shall be assigned or subcontracted unless pnor written agreement thereto has been obtained from Company Proposed subcontractor^, and the Work to be subcontracted shall, if appropriate, be listed u> Contractor s bid package Contractor shall coordinate ail subcomractor(s) activities Nothing contained in the Agreement documents shall create any contractual relationship between any subcontractor and Company or release or relieve Contractor from any of us obligations or liability under the Agreement 5.2 Contractor shall be as fully responsible for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omj*sun$ of persons directly employed or used by it 6 Rights of Vinous Interest - Whenever work being done by Company and/or other contractors engaged by Company is contiguous to or related to the Vork covered by the Agreement, the respective rights of the various interests involved shall be established by Company. 7. identification of Contractor's Personnel 7.1 Contractor's employees entering Company 's premises shall be properly identified as employees of Contractor and shall, while on the premises, conform to all facility safety and other rules of conduct. Contractor s personnel shall also promptly comply with any Company instructions for the prevention of accidents, fire hazards, and other unsafe or perilous practices RAM 0001759 7.2 Company reserves tb >t to refuae adimttaDce to its facilities to an whatsoever; and such refusaJ shall not constitute cause for claim or damage* npfoyae of Contractor for aoy reason 6 Permits - Contractor shall obtain al! licenses and permits, if any, required by the local governing authorities with respect to the performance of the Work. 9. Contractor*! Insurance * Additional insurance, to be obtained and kept in force by Contractor at its expansa, may be stipulated by Company, la such instance*, the type and amount of insurance required shall be specified in the Agraamaet under Article 7 of Pan A, *Other Considerations". Contractor shall have its insurance earner or carriers furnish to Company certificate* confirming that all additional tn,ir*f*r* required under the Agreement is in full force and effect, and that all requirements of Article 4.1 of Part A have been met with respect to such additional insurance. 10 Company's Operations - Contractor shall conduct its Work in such manner that it will pot interfere with the continuing operation of Company's business. Where Work is to be performed that will interfere in any way with such continuing operation, Company shall be consulted, and before any such Work is undertaken, an agreement shall be ranched as to the eequeorr to be followed 11 Order of Completion - Use of Completed Portions - Company shall have the right at any time to take pomestioo of and use any completed or partially completed portion of the Work Such taking possession and use dull not g be deemed an acceptance of any pan of the Work so taken. If such taking possession or use increases the cost of or delays the Work, the Contractor shall be entitled to equitable extra compensation and/or extension of time, as the pertias may agree. Company and Contractor shall mutually agree as to whether Company or Contractor u liable for damages that may occur and the extent of Contractor's responsibility therefor, if any. when Company's operational needs dictate use of partially completed Work- 12 Defectire Work and Materials Expediting Work Correcting Drfidcnda and Failure to Expedite Wort 12.) If, in the opinioo of Company, any workmanship performed, or materials, supplies, machinery, or equipment furnished by Contractor or its subcontractors do not conform to the drawings and pacifications or are in any way defective, or Contractor has at any time failed to remedy any imperfections in the Work with promptness and diligence or failed to comply with any of the provisions of Attachment I of the Agreement, Contractor dial) remedy, at the written request of Company and to the satisfaction of Company, any such deficiency. In the event Company decides any such deficiency is not sufficiently important to require Contractor to replace or rebuild, a monetary amount determined by Company, covering such deficiency shall be paid to Company by Contractor or shall be subtracted from Cootract Price if payments are due Contractor 12.2 Should Contractor at any time refuse or neglect to supply what, in Company's opinion, is a sufficient number of properly skilled employees or suitable equipment, or fail to complete the Work within the time fixed in Attachment ], or fail in any respect to prosecute the Work with promptness and diligence. Company shall have the authority, upoe five (5) days written notice, to require the Contractor to supply proper employees or equipment and/or to proceed promptly and diligently with the Work 12.3 If Contractor does not. immediately upon receipt of such written request, undertake and proceed with due diligence to remedy such deficiencies or at the end of (he five days' wntten notice fails to expedite the Work, Company may remove the Contractor from all or part of the Work and take possession of all materials, supplies, machinery, equipment and tools in connection therewith Company may then complete the Work or have the Work completed by others. The expense for completing the Work shall be deducted by Company from any monies due the Contractor. If such expense exceeds the sum due Contractor, then the Contractor shall pay Company the amount of such excess within fifteen (15) days of receiving notice of the ex'^sa so due. Company shall not be obligated to complete or have others complete the Work al the lowest cost possible, but may make expenditures which in its sole judgment are calculated to affect most expeditiously the timely completion of the Work. 13 Suspension of Work 13 1 Company shall have the nghi to require Work to be discontinued, in whole or in part, for such time as may be necessary should any contingencies make it desirable so to do Contractor shall resume the Work as sooo as possible, but no later than five (5) days after receiving notification from Company to so resume Company shall not be held liable for any damage to Contractor or loss of anticipated profit on account of the Work being stopped, or for any coats for Work done during the interval of suspension Extension of ume. if justified, shall be granted to Contractor, but such extension shall not be a basis for any claim for additional compensation by Contractor and shall oot release the Contractor from any of its obligations. Company will, however, pay Contractor for reasonable costs incurred during the suspension, such as, but not limited to, labor cost, equipment cost, depreciation, interest, and insurance, provided Contractor can show proof acceptable to Company that personnel and equipment idled could oot have bees put to work elaewbere 13.2 At any time during a Work suspension period, Company shall have the right to have craftsmen maintain or change any of its existing facilities and equipment on the Work srte and the right, at any time, to use any portion of its property for ils work, in which case Company will be responsible for facilities maintained or changed or property so used M Additional Work 14 1 Monetary adjustment for Additional Work shall be made on a lump-sum, unit price, or other equitable basis as mutually agreed to. To the extent that any of such Additional Work can be anticipated, it riiail be menuooed by Company in Attachment I to Pan A hereof Contractor shall not proceed with any Additional Work without written approval from Company 14.2 Billings for Additional V* ork. delays caused by Company, or damages to Contractor's equipment or supplies for which Company is responsible, shall be invoiced separately and shall not be accepted by Company if Company had not been notified by Contractor within twenty four (24) hours after such occurrence mg Company had oot thereafter acknowledged to writing that the biding was justified. IFOtMOOSOt B-2 RAM 0001760 )S Sn^tfh^Hn^ .~l Tw.^ -- IS. I Specification! aad/or dnwinff, if any, (fail form a part of tba Afreetneot are intended to rirlinrala the technical requirements, the quality of malenalt the quality of workmanship. and the pfayeica! and operatui| characterutice for the finished Work. 15.2 Contractor ahall briaf to the attention of Company any apparent oootradictiooe or ambiguities barweco the drawtnfe, epeclftnartone and other oootract doeumaoia. All aucb diecrapeaciee ehall be remedied before Contractor proceed! with the Work affected. 15.3 All Work that may be called for in the apecificatiooe and it not abown oo the drawing*. or Work which it tbown on the drawinft and not called for in the apecificalinni or other contract docutneou. ahall be executed and performed by the Contractor at if deecribed in all the coolract documenu. 15.4 Any Work and/or material which is not denoted in the specifications, drawinft and other coolract documenu. either directly or indirectly, but which it nevertheless necessary in order to properly cany out what is denoted therein, is implied as a requirement and Contractor shall treat same as t requirement and shall perform all such Work and/or supply such materials as fully as if they were particular!y delineated or described. 15.5 Should it become evident that additional details are required to clarify the specifications and/or drawinfs for Contractor to perform the Work, Contractor shall so inform Company and the required details will be amnfed for by Company to the exteot that Company considers such details necessary for the execution of the Work. Such details shall be consistent with the purpose and tnleot of the Work, they shall not constitute cause for claim of Additional Work, and all details so provided shall be considered pert of the Agreement 15.6 Specifications and drawufs furnished by Company, or prepared by Contractor or third parties as pan of the Work, remain the properly of Company and ahall be considered confidential information, and shall be turned over to Company el the completion of the Work. 16 Confidential Information Contractor afreee to bold confidential and not to divulfe or allow m employees, aferns, or subcontractors to divulfe to third pany(ies), and not to use in any way with any person, without Company's pnor written consent, any and all technical information and/or proprietary business information revealed, directly or indirectly to Contractor by Company or any of tu affiliated companies or resulting from Work dooc by Contractor for Company, except, and only to the extent that and when such information is or cornea into the public domain. .These obligtlioos of coofideotialily ehall survive the termination of the Agreement refendless of the cause or reason for termination. 17 Contractor's Equipment ft Fatalities 17.1 AJ1 Contractor's equipment must be positively identified with Contractor's name by sump or other suitable marking. j 17 2 Equipment, materials, tools and any other items not being used for the Work, shall not be permitted at the t Company premises f 17.3 If any Company-owned tools and equipment are loaned lo Contractor, they must be returned to Company's toolroom by the date specified by Company's personnel 17.4 Contractor shall not locate any permanent facilities within Company facilities, except with the knowledge and written consent of Company. Such facilities include offices, fabrication areas, equipment parking, sod maintenance locations. At Company's discretion, suitable space for a field office, material and equipment storage ares, fabricating, etc., may be designated by Company as required in connection with the Work. At the compienoo of the Work, Contractor will be required to remove these temporary facilities from Company facilities and leave the impacted area in its original condition IS Contractor's Personnel - It shall be the Contractor's responsibility to ascertain that all Contractor's personnel are qualified in accordance with accepted industry standards for the different trades and classifications in which such personnel will be utilized Company shall have the right to review qualifications of personnel proposed for the Work or engaged therein and tu reject or remove any considered by Company to be unqualified Such removal shall not be the cause of a claim for damages b> Contractor 19 Contractor's Compliance with Legal Reouirontnts 19.1 In the performance of the Services, Contractor shall comply, and shall require each of ils subcontractors to comply, with the requirements of any and all applicable laws, regulations, rules and orders of any governmental body having jurisdiction over the performance of this Agreement Contractor further agrees to indemnify and bold Company harmless from and against any cost, expense, attorney's fee, citation, fine, penally and liability of every kind and nature which ought be imposed by reason of any asserted or established violation of any such laws, orders, rules and/or regulations To the exteot that this Agreement covers services and/or supplies subject to the provisions of Executive Order No. 11246 dated September 24, 1965, as amended and supplemented, the provisions of Sec 202. subparagraphs (I) through (7) of said Order are, with the rules, regulations and orders of the Secretary of Labor thereunder, made a part hereof as fully as if copied herein in full. Contractor hereby certifies that it will comply fully with Executive Order 11246 as amended by Executive Order ) 1375, and the rules and regulations issued thereunder 19.2 Occupational Safety and Health Act: Contractor shall perform the Work to comply with all applicable rule*, regulations, orders, standards and interpretations promulgated under the Occupational Safety and Health Act (1970), as amended as of the date of performance hereunder. If, during the performance of the work any administrative, executive or legislative changes arise regarding the Occupational Safety and Health Act (1970), as amended, Contractor and Company shall mutually agree upon any changes required in the Work and such changes shall be treated as Additional Work 5'Oft.MOt IE) 6-3 RAM 0001761 19.3 Affirmative Action ar juaJ Employment Opportunity: Contractor s km discriminate against ray employee or applicant for employment because of race, religion, color, mi or national ongtn; sad it will take iffinnttve acttoe to ensure that all applicants for enjoyment and all employees during employment are treated without regard to their race, religion, color, sea, national origin, veteran status, handicap or minority business enterprise. Contractor will comply with all laws and regulations relating to affirmative action, equal employment opportunities and non discrimination. Upon request, Contractor will provide written certification of this compliance to Company. Further, the regulations issued under the Rehabilitation Act of 1973 in Title 41, Chapter 60, Part 60*741 of the Code of Federal Regulations and the regulations issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 in Title 41, Chapter 60, Part 20-230 of the Code of Federal Regulations era incorporated herein by reference, as appropriate. 19.4 Compliance with the Wage Hour Laws: Contractor shall comply with all applicable federal and stale wage and bour lews for all Work performed under this Agreement. 20. ^AiJgQilS * Items to be supplied by Company will be made available to Contractor at Company's norma] tforage locations, which shell be made known to Contractor, unless otherwise specified. Company shall retaui the right to stipulate in the Agreement what items, if any, of the materials, supplies, tools, machinery, and equipment required to perform the Work are to be delivered to the job site by Contractor. Items specified for procurement by Contractor shall be furnished in accordance with the following paragraphs. 20.1 All materials, supplies, machinery, and equipment purchased by Contractor that become e permanent pan of the Work shall meet Company's specifications and/or standards. 20.2 When Work is done on a reimbursable basis, Contractor shall furnish Company, when requested, copies of all purchase orders for such material!, supplies, machinery, and equipment, at the tune the orders are placed. 20.3 Materials, supplies, machinery, and equipment purchased and/or incorporated in the Work that do not meet the requirements of Company's specifications and/or standards, and are not approved specifically by Company, may be subject to rejection by Company; if rejected, the replacement with materials, supplies, machinery, and equipment that do meet specifications and/or standards, including ail labor required for such replacement, shall be at Contractor's expense. 21. Inspection 21.1 Company shall have the ngbtat all times to inspect and accept or reject any part of the Work, materials, supplies, machinery, or equipment. If Company specifications and/br aoy laws or ordinances or otherwise specified governmental authority require aoy part of the Work to be tested or approved. Contractor shall give at least twenty-four (24) hours or the required notice of its readiness for inspection, and Contractor shall promptly have same performed pursuant to such laws, ordinances or public authority If any part of the Work be covered up without approval or consent of Company, it must, if required by Company, be uncovered for inspection and recovered at Contractor's expense. 21.2 Inspections performed by Company or any omissions or failures on the part of Company to inspect, disapprove or reject any Work, materials, supplies, machinery or equipment shall not be coostrued in any way to relieve the Contractor of its responsibilities and liabilities under the terms or obligations stated in aoy and/or all documents that form the Agreement. 22 Wimniie 22.1 Contractor warrants that the Work shall be of good quality, free from fault or defect, performed in accordance with nationally recognized professional codes and standards and sound industry practices, and shall conform to the specifications of this Agreement. 22.2 For t penod of twelve (12) months following the start of commercial operation of the Work, if the Work does not conform to the specifications, or is found to be defective, and the same is reported to Contractor by Company promptly after recognition thereof, Contractor shall at no cost to Company, furnish all services necessary, including labor and parts, to correct such defective Work as soon as possible after receipt of such report from Company, in the event Contractor fails to correct said nonconforming and/or defective Work within a reasonable penod of time. Company shall have the ngbt to otherwise perform or have performed such corrective services, the costs of which shall be for Contractor's account 23 Cleanint-up 23.1 During execution of the specified Work, Contractor shall keep the Work sue clear of debns and materials so as not to interfere with normal operations at the facility Upon completion of the Work, Contractor shall clear the work sue of all debns, materials, and equipment and leave the Work sue `broom clean* and ready for Company usage Final payment will not be made if the area is not clean and safe. Contractor shall dispose of debns as instructed in wnung by Company. 23.2 Contractor shall inform Company immediately if, during the course of the Work, Contractor produces or determines that it is handling any matenal which could be classified as hazardous waste pursuant to any federal, state or local environmental law or regulation. In the event Contractor is handling a hazardous waste, Cootractor and Company shall consult on the proper handling and disposal of same, Contractor shall scrupuloualy follow any Company instructions in relation thereto, and Contractor shad indemnify Company for and hold harmless Company from any claims or expenses whatsoever which may snse from Contractor 's failure to inform Company of the presence of hazardous waste or us failure to follow Company 's instruction on handling or disposal of same. 24 Force Maietirt - Occurrences beyond the cootrol of Company and/or Contractor, which cause delays or bar either party from carrying out is obligations under the Agreement shall not constitute default of the terms of the Agreement Occurrences such as. but not limited to, acts of God or the public enemy, expropriation or confiscation of facilities, compliance with any order or request by any governmental authority, act of war, rebellion, sabotage, fires, floods, explosions, nots and strikes, failure of power and other Pitter oocarreoeee wtuc e beyood the reeentlehle cootrol of the pan. included, provided the effected party promptly ootifiea the other of act occurrence 25. Unavoidable . Retention of Time - Should the Contractor be delayed in the proaecutioo or completion of the Work by the act, oefligeooe or default of Company or any other contractor employed by Company under another afteemeoi, or by occumocee ronpitiitiny Foma Majeure or by any other cauae which ia determined by Company to be beyood the reasonable oontrol of the Cootractor, who wt avoid the delay by any reasonable effort, then the time of execution of the Work author tha eatahliahail nomplatitm data may ba axtaodad. The axtaoaioo period rtiall be determined aad fixed by Company. No aucb exleoaioa ahall be made iinlrea a claim therefor U prcaenled, ia wriun|, lo Company within twenty four hours of the occurrence of such delay. 26. Final Payment Final payment shall be made within thirty (30) days of: () receipt of invoice, or (b) final inspection and acceptance of the Work by Company, whichever it the later date. The making and acceptance of the final payment ahall not constitute a waiver of any claims by Company, including tboae arising from faulty Work appearing thereafter. Payments due by Company may be withheld on eccount of defective Work not remedied, and unadjueted damage or alleged damage by the Contractor to thud parties 27 Waiver of Liens 27.1 To the full extent permitted by lew, Contractor hereby wuvee and releasee any end ell rights of mechanic's hen and other nghu of lien for payment for aervicat and labor furnished by Contractor ia performance of this Agreement and otherwise granted by law. Contractor shall require each of lU subcontractors to agree in writing lo the waiver of such hen rights is a condition lo the granting of a contract to the subcontractor. 27.2 Contractor hereby authorises Company lo deduct from any amount due lo Cootractor pursuant lo this Agreement or any other agreement between the parties, any amount which may be payable by Contractor lo Company and any amount for which Company may become liable to third parties by reason of Contractor's actions and performing or failure to perform Contractor's obligations under this Agreement', in tbe event that any claim is made by any third party against Company or Cootractor anting under this Agreement, or any other indebtedness shall exist which shall reasonably appear to be the basil for a claim of lien, Company may withhold from any payment due. without liability for interest because of such withholding, an amount aufficient lo cover such claim. The failure of Company lo exercise such nght lo deduct or lo withhold dull not, however, effect tbe obligations of Contractor to perform tbe Work end to protect Company as elsewhere provided herein. Contractor shall indemnify Company for liens by subcontractors arising out of this Agreement after Company's acceptance of tbe Work. 28. Audit 28.1 Contractor shall maintain adequate books, payrolls, and records satisfactory to Company in connection with any end all Work performed hereunder and shell retain all such written materials for a period of not less than two (2) years after completion of Work. Company and its duly authorized representative shall have access el ell reasonable umes to j the said written material! and shall have the nghl to audit the seme at any reasonable lime or times, and to submit claims. ' if any, within two years after completion of the Work , f 28.2 The audit provision applies lo agreements awarded on a cost-plus, unit price or reimbursable beau and is extended lo agreements awarded on a lump-sum beats when requirements such as Libor hours, equipment ume, cost of materials, parts, supplies, or other items thereof, ere billable on reimbursable bests. Tbe eudil provision in such cases applies only lo tbe reimbursable portion. 29 Ownership of and Responsibility for Materials. Equipment and Work 29.1 Cootractor shall retain ownership of the materials it furnishes until same are installed as pari of the Work and tbe Work is accepted by Company or Company has taken possession of same in accordance with Article 12.3. Cootractor shall be responsible for all materials and equipment H furnishes, for all materials delivered by Company to it, for all Work completed or in progress until final acceptance of the Work pursuant to the terms of the Agreement; and Cootractor shall be obligated at its own cost and expense to reconstruct, repair, or replace any such matenals, supplies, machinery, equipment and Work that may be damaged, destroyed or lost before final inspection and acceptance of Work by Company. 29.2 Any damage to the matenals, supplies, machinery, equipment and Work, however, caused by the negligence, or willful acts or omissions of any employee of Company, shall be reconstructed, repaired, or replaced by Company or, at Company option, by Contractor under the provisions of the Additional Work clause and/or other applicable provisions hereunder. 30 RgnovaJ _flf Equipment and Material - In case of termination of the Agreement before completion for any cause whatever, Contractor, if notified to do so by Company, shall promptly remove any part or all of its equipment and supplies from the property of Company, in accordance with Company's established procedure as made known to Contractor Company shall have the right to remove such equipment and supplies at the expense of Contractor it Contractor docs not comply within seven calendar days of notification. 31 Legal Representative and Sm-reamrs The agreements an*, terms hereof shall mure to the benefit of and be binding upon the legal representatives and successors of Company and/or the Contractor 32 Assignment * Contractor ma) not assign this Agreement, or any portion thereof, without the pnoc.written coosent of Company. 33 Safety, Fire and Security 33 1 All Contractor s personnel while on the Company's premises shall adhere to tbe safety, fire, and security rules and procedures issued by Company and which are applicable to activities at the Work site Any violation of these rules by tbe Contractor's personnel and/or the Contractor or ns subcontractors may result in the immediate cancellation of the kfOLMOOSO >v* B-5 RAM 0001763 Agreement and/or ocher actio deemed necessary by Compeny. Specific r remenu and/or safety procedures may be stipulated to tbeee documenu wbes unusual safety precautions are necessary. 33.2 It shall be the Contractor's responsibility to acquire a full and complete understanding of Company's Safely, Fire and Security Regulations. Pnor to starting the Work, the Contractor and its designated representative, if any, shall obtain an explanation of the applicable regulations from the Company. 33.3 Coetractor or its employees or subcontractors who may operate any vehicla within the Company peemiaea aam be in poaeoaaioo of valid driver's licenses applicable to the type of vehicle being operated. 33.4 Contractor shall inform Company of any potential safety hazards observed while performing the Work and shall notify Company promptly of any damage to equipment and all circumstance* of any unusual nature that involve Compeny and that are related to the Work being performed in accordance with the Agreement. 33.5 Contractor shall make immediate telephone notification to Company and shall submit to Company, within fortyeight (48) hours of occurrence, s written report oo all accidents, including near-mums, in which Contractor's employees and/or equipment are involved 33.6 Company inform Contractor of known hazardous materials in Company's workplace to which Contractor's employees may be exposed while performing their jobs and any suggested appropriate protective measures. 33.7 Contractor shall assure, above and beyond Company's responsibility regarding hazardous materials notification noted above, that Contractor's employees are kept informed of such notification given by Company. 34. Controlled uh*tnr< . The possession, use, manufacture, distribution, or transfer of any illegal drug or controlled substance is prohibited at Company premises. The violstioo of such prohibition by Contractor or its pernone! may, at Company's opuoo, be deemed to be a material breach of this Agreement. Any employees, agents, or subcontractors of Contractor who violate this prohibition or who are at work ai Company's premises under the influence of controlled suhetanma are subject to immediate removal from Company's premises and such removal shall not constitute any cause for claim or damages. 35 Publicity ktitxia and Photographs - Contractor shall obtain Company approval prior to making publicity releases or announcements regarding Work or Contractor's dealings with Company. It is strictly prohibited to photograph areas or specific pieces of equipment within Company's premises, without pnor permission in wnting from Compeny. 36 Governing I .aw . The Agreement shall be governed by and interpreted tn accordance with the laws of the Stale of Texas. 37. Communications Equipment Operation of portable and other mobile communication equipment within (he Company's premises is not permitted, unless pnor written approval bts been obtained from Company. 38 Termination Company shall have tbe right at any time to terminate the Agreement upon giving at least five (5) days ooiice, in wnting, to Contractor, in which event Contractor shall be entitled to tbe full amount of Company's estimate of the percentage of Work done under the terms and conditions of this Agreement up to the lime of such termination. Contractor shall be reimbursed by Company for ooo-cancellable obligations undertaken specifically for performance hereunder and such other expenses as are required in preparing for sod moving from the Work; tbe intent being that an equitable settlement shall be made with Contractor. However, the reimbursement provisions of the preceding sentence shall not apply to terminations pursuant to Article 3.3 of Pan A hereof or Article 12.3 of this Pan B. in tuber of which case Company's only reimbursement obligation to Contractor shall be payment for work satisfactorily completed to the date of termination. 39 Vdiditr md Wiirer 39 1 In the event any section, or any pan or portion of any sectioo of this Agreement shall be held to be invalid, void, or otherwise unenforceable, such holding shall not affect the remaining part or portions of that section, or any other section hereof 39.2 Company's fulure to insist on performance of any term or condition or instruction, or to exercise any ngbt or privilege included in this Agreemem, shall not constitute a waiver of same and shall not thereafter waive any such term or condition or instruction and/or any ngbt or privilege. Nor shall Company's waiver of any breach of any tens of this Agreement constitute a waiver of any subsequent breach or breaches of such term or impair Company's right to avail itself of remedies under this Agreement or at law or equity srofcMODSui B-6 RAM 0001764 rat Mr. Johnnie Pavla Sr. NUMBER OF PAGES; 1 FROM; vim c. jr-gsm CONTRACT ADMINISTRATOR (512) 887-4240 PHONE (512) 887-4243 PAX John, sc you know, we are In nroceaa of re-bldding the Iaeulatore. Scaffold buildare, Aabaatoe abatera contract. Coastal aaita for you to aim on the line balov indicating your approval to continue the txieting contract until such time aa 8-ncit contract can be awarded, to the eucceaifar bidder..------------------------------------------------------------------------ For Coafltal. I thank you for your halg.ln thla matter. .. ------ ------ MAILING ADDRB88; COASTAL REFINING AND MARXETING, INC. P.O. BOX 109 CORPUS CHRISTI, TEXAS. 76403 PHYSICAL ADDRESSl COASTAL REFINING AND MARKETING, INC. 1300 CANTWELL LANE CORPUS CHRISTI, TEXAS. 78303 CONFIDENTIALITY NOTICE: This meaaage la intended only for tha uea of the individual or entity daaignated above, la confidential end nay contain information that la legally privileged or exempt from dlacloeure under applicable law. You are hereby notified that any dleeaninatlon, dietributlon, copying or uee of or reliance upon the infornetlon oontelned in end tranemltted with thle facsimile tranemieeion by or to anyone other than the recipient designated above by sender is not authorlred and strictly prohibited. If you have received this communication in error, pleaae immediately notify the sender by telephone end return it to the sender by U.5. Mail, or daetroy It if authoriaetion la granted by the sender. Thank you. RAM 0001765 FAX TRANSMITTAL TO: Mr. Johnnie Davis Sr. _____________________________ NUMBER OF PAGES: 1 page FROM: STEVEN C. FOSTER CONTRACT ADMINISTRATOR (512) 887-4240 PHONE (512) 887-4243 FAX John, as you know, we are In process of re-bidding the Insulators, Scaffold builders, Asbestos abaters contract. Coastal asks for you to sign on the line below Indicating your approval to continue the existing contract until such time as a new contract can be awarded, to the successful'bidder. For Coastal, I thank you for vour help in this matter. Basic Industries. Inc. Coastal Refining & Marketing, Inc. i MAILING ADDRESS: COASTAL REFINING AND MARKETING, INC. / P.O. BOX 109 CORPUS CHRISTI, TEXAS. 78403 PHYSICAL ADDRESS: COASTAL REFINING AND MARKETING, INC. 1300 CANTWELL LANE CORPUS CHRISTI, TEXAS. 78303 CONFIDENTIALITY NOTICE: This message is intended only for the use of the individual or entity designated above, is confidential and may contain information that is legally privileged or exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, copying or use of or reliance upon the information contained in and transmitted with this facsimile transmission by or to anyone other than the recipient designated above by sender is not authorized and strictly prohibited. If you have received this communication in error, please immediately notify the sender by telephone and return it to the sender by U.S. Mail, or destroy it if authorisation is granted by the sender. Thank you. RAM 0001766 63 '93 09 hM BASIC IND' HCU. TX. 9139 Walliivill* Rd. Houtton, TX |7029 Phone (713) 671-9036 FAX (713) 675-6691 March 3, 1993 /4ter_ Coastal Refining & Marketing 1300 Caavell Lane Corpus Christ!, Texas 79403 Attention: Larry Huve *7** ____ __ *- Reference: Basic Job No. Dear Mr. Huve: ^ *' & As per your request the following employees have been through Houston Area Contractors Safety Council: Juan Gonzalez Jose G. Galvan Hermilio DeLeon Alfredo Madriz Valentin Mendoza Bulaaro Barragan 461-97-4363 461-97-3993 460-97-6181 461-17-9202 465-17-6868 548-06-6801 This council provides basicly the sane training as the council in Corpus Christi. In lieu of going to the training in Corpus Christi ve request your approval to use the eaployees listed above who have already been through the council here in Houston. This will save everybody tine so that the eaployees nay get to the jobsite in a nore tiaely aanner. Sincerely, BASIC INDUSTRIES, INC. / 't f *4/ 'Johnnie L. Davis, Sr. Asbestos Abatement Manager JDSinf(A3-3-93)(42-93) Industrial inauiadon* / Aabenoa Abattmant / Fir* Proofing Inatallationa RAM 0001767 Coastal Tim fssrfr PsspH O.S. \w- DATE: <s-- /2_ TO: r'oS FAX NO. *7f3 ? fLrr^ 4lHt/ FROM: COASTAL REFINING & MARKETING, P.O. BOX 521 CORPUS CHRISTI, TEXAS 78403 FAX NO. (512) 887-4179 INC. NO. OF PAGES INCLUDING THIS PAGE: COMMENTS: _JjEe*** r c-ffrov-e - ..r&L exttts A____ ____ % 66*:ood -- 4or S~(cocsooo - flfec? k-u-r 4^e 0^&esfos t' Cy . / asbestos control team RAM 0001769 V SERVlOfrOONTRAer This Contract made this 18th day of November, 1991 . between Coastal Refining and Marketing, In< i corporation corporation, with offices aiHouston. Texas hereinafter called 'Company.- .nd Asbestos Control Team. company with offices ai Hunt Drive. Corpus Qiristi, TX , hereinafter called "Contractor' 78413 WITNESSETH: WHEREAS. Coenpiny desires 10 secure the services described below, herein collectively called the "Services'; and WHEREAS. Contractor is in the business of providing such Services: NOW. THEREFORE, in consideration of the premises and the mutual promises herein contained, the parties hereby agree as follows: 1. TERM. The term of this Contract shall be in effect from_______ date of xcution________________________ unlit terminated by the occurrence of any one of more of the following: a. Upon completion of the performance of the Services; or b. Upon five (S) days wnrien notice by Company of its intention to terminate this Contract, mailed or otherwise delivered to Contractor, or c. Upon Company's written notice to Contractor at any time in the event that, in Company's sole discretion, the Services arc not being performed in a manner deemed reasonable by Company. In the event of termination prior to completion of the Services as provided herein. Company shall pay Contractor an amount pro portionately based on the Contract Price for Services satisfactorily performed up to the effective date of termination, and Company shall be relieved of any liability to Contractor for any Services performed after the effective date of termination. 2. CONTRACTOR'S AND COMPANY'S SERVICES. At nines and locations designated by Company's representative. Con tractor shall perform the Services more particularly described in the Exhibit "A* attached hereto and herein incorporated by (his refer ence. Contractor agrees that the Services shall be performed in a workmanlike manner with due diligence and without undue delays or interruptions. Contractor further agrees that the Services shall be performed as economically as possible with the minimum number of employees, materials, and equipment necessary to perform such Services. In Company s sole discretion, any of the Services may. from time to lime, be performed by Company or others, and such work shall not be considered to be Services performed pursuant to this Contract Company shall perform (he work, if any. more particularly described in Exhibit "A*. 3. CONTRACT PRICE AND TERMS OF PAYMENT. In consideration of Contractor's satisfactory performance of the Ser vices. Company agrees 10 pay Contractor as full and complete compensation for such Services the amount, herein called the "Contract Pnce." set forth in Exhibit "A'. The terms of Company's payment of the Contract Price are also forth in Exhibit "A". 4. COMPANY'S REPRESENTATIVES Company's representatives who may authorize Services to be performed hereunder or who may terminate this Contract are any Company officer or any other Company employee who may be designated in writing by an officer of Company. 5. INDEPENDENT CONTRACTOR. It is understood and agreed that Contractor is an Independent Coniranor in the per formance of each and every pan of this Contract and that Contractor's employees shall be subject to Contractor's sole and exclusive su pervision. direction and control and shall not be deemed, in fact or in law. to be employees of Company. Company shall have the nghi generally to oversee and inspect the performance of the Services of Contractor to insure the satisfactory completion thereof, it being understood and agreed that Company is not associated or connected with the actual performance or details of the Services to be per formed pursuant to this Contract, as Company is interested in and looking only to (he end result 10 accomplished Contractor shall be solely liable for all labor, matenal and other expenses in connection with Services performed by Contractor pursuant to this Contract 6. LIABILITY AND INDEMNITY. Contractor shall indemnify and hold Company harmless from and against ail damages, loss es. claims, demands, causes of action, liens, expenses and other liabilities arising out of or in connection with this Contract except to the extent that such are caused by Company s negligence. In those matters which Contractor is required to indemnify and hold Com pany harmless, and to the same extent to which Contractor is required to do so. Contractor shall defend claims asserted against Com pany and pay costs, expenses and attorney's fees incidental thereto and judgments resulting from such claims Company shall have the right, at its option, to participate in the defense of each such claim without relieving Contractor of any obligation hereunder. 7. INSURANCE Contractor shall maintain in force at its sole cost and expense, with insurance companies acceptable to Com pany. insurance policies of the types and in the minimum amounts and with the terms and conditions set forth in the Exhibit 'B` at tached hereto and herein incorporated by reference. 8. SUBCONTRACTORS AND ASSIGNMENT. Contractor shall not assign this Contract or subcontract the whole or any pan of the Services to be performed by Contractor hereunder without Company's prior written consent. Company's consent to any such as signment or subcontract shall not relieve Contractor or its surety, if there be a surely, of any liability for the full and faithful per formance of this Contract according to its terms and conditions. 9. CONFIDENTIAL INFORMATION. Contractor agrees to keep all information secured in connection with or as a resuli of performing the Services in stnet confidence; not to divulge or to permit ns employees, agents or subcontractors to divulge such in formation, or any part thereof, to any party other than Company without the prior wntten consent of Company; and not to allow any person on any job site other than Contractor. Contractor's employees and subcontractors or persons authorized by Company. The ob ligations contained in this section shall survive the termination of this Contract regardless of the cause or reason for terminal ion. RAM 0001770 10. ADDRESS. All notices and invoices to be given hereunder shall be in writing, eicept as otherwise agreed by Company and Contractor. Such notices and invoices shall be mailed or otherwise delivered to the party to be notified at ns address set forth above or such other address as the party to be notified may have designated prior thereto, and shall be deemed given when received by the party .to be notified; provided, however, that notice to Contractor of termination of this Contract may be given at the job site. 11. COMPLIANCE WITH LAWS. In the performance of the Services, Contractor shall comply, and shall require each of its subcontractors to comply with the requirements of any and all applicable laws, regulations, rules and orders of any governmental body having jurisdiction over the performance of this Contract Contractor further agrees to indemnify and hold Company harmless from and against any cost, expense, attorney's fee. citation, fine, penalty and liability of every kind and nature which might to imposed by reason of any asserted or established violation of any such laws, order, rules and/or regulations. To the extent that this Contract covers services and/or supplies subject to the provisions of Executive Order No 11246 dated September 24. 1963, as amended and supplemented. the provisions of Sec. 202. subparagraphs (1) through (7), of said Order are. with the rules, regulations and orders of the Secretary of Labor thereunder, made a pan hereof as fully as if copied herein in full. 12. GOVERNING LAW. This Contract shall be governed by. and construed in accordance with, the internal laws of the State of Texan 13. AMENDMENTS. No amendment or modification of this Contract shall be valid unless evidenced in writing, signed by or on behalf of Contractor and by an officer of Company. 14. CONTRACT IN ENTIRETY. This Contract sets forth the full and complete agreement of the parties hereto. This Contract supersedes any and all proposals, negotiations and representations of the parties made or had prior to the execution hereof relative to the subject matter of this Contract. If any of the Services provided for by this Contract were commenced by Contractor under oral agreement prior to the execution of this Contract this written Contract shall apply thereui in the lame manner as if made before the performance of the Services was commenced. IN THE EVENT OF ANY CONFLICT BETWEEN (i) THE PROVISIONS OF THE BODY OF THIS CONTRACT. AND (ti) THE PROVISIONS OF ITS ATTACHED EXHIBITS OR THE PROVISIONS OF ANY OTHER ATTACHMENTS HERETO. THE PROVISIONS OF THE BODY OF THIS CONTRACT SHALL PREVAIL AND CON TROL THE OPERATION OF THIS CONTRACT 15. SUCCESSORS AND ASSIGNS. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. - 16 ADDITIONAL PROVISIONS. Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" all attached hereto and IN WITNESS WHEREOF, the parties have executed this Connect as of the date first above written. ATTEST: Asbestos Control Team_______ (Contractor! Assistant Secretary ATTEST: DATE: \*Lv- \\- ^ 1 Coastal Refining and Marketing, Inc. DATE; (Company) / - f - }Z. RAM 0001771 EXHIBIT "A To be ttuched lo and become a pan of dial certain Service Corunci dated Nov*uA*r ***. 19 ^ . but lo be and be come effee.ive.cof dat. of execution 19, he,ween Refining t and Asbestos Control Team("Comncior'l CONTRACTOR'S SERVICES 1. Provide Asbestos Abatement Services within the Refinery. 2. Provide Insulaton Services within the Refinery. 3. Erect and dismantle scaffolds on an as needed basis within the Refinery. All the above services are to be provided on an as needed basis. COMPANY'S SERVICES Provide direction and support as needed. CONTRACT PRICE AND TERMS OF PAYMENT Per Race Schedule attached as Exhibit D. li is understood and agreed that Corunaor shall not be entitled to any Company benefits normally attended by Company to its own employees and that the Coruna Price is the loul consideration payable hereunder. Contractor shall invoice Company *or wor*c performedand shall furnish Company with copies of receipts and other evidence of amounts invoiced and with evidence that all labor and material claims for which Contractor is responsible in connection with its performance of the Services have been paid. Company shall pay such invoices within a reasonable period of time after iu receipt thereof. Company's payment of each invoice shall be subject to Company's concurrence with the correctness and ac curacy of the amounts invoked by Contractor, which concurrence shall not be unreasonably withheld. Company shall have the right at all reasonable times to inspect and audit the books of Contractor pertaining to the Services rendered hereunder, provided, however Out Contractor shall have the right to exclude any trade secrets, formulas or processes from such inspection. Contractor hereby authorizes Company to deduct from any amount due to Contractor, all amounts which may be payable by Contrac tor to Company; and also all amounts for which Company may become liable lo third parties by reason of Contractor's act and per forming or failure to perform Contractor's obligations under this Contract; and in the event that any claim is made by any third party the amount of validity of which is disputed by Contractor, or any other indebtedness shall exist which shall reasonably appear to be the basis for a claim of a lien. Company may withh 'v ,rom any payment due. without liability for interest because of such with holding. an amount sufficient to cover such claim. The failure of Company to exercise such right to deduci or to withhold shall not. however, affect the obligation of Contractor to protect Company as elsewhere provided herein. oofroaaArawi RAM 0001772 EXHIBIT "B" INSURANCE REQUIREMENTS CONTRACTOR Shill procure, pay premiums, and maintain at all times during the term hereof sufficient insinnce satisfactory to COMPANY, as may be required by law to protect CONTRACTOR and COMPANY from and against all clams, demands and causes of action arising by reason of any work performed by CONTRACTOR Such insurance shall be written m the following minimum amounts. (a) Worker's Compensation Insurance and Employer's Liability Insurance as provided by Statute including coverage under U S. Longshoremen's and Harbor Worker's Act if applicable The CONTRACTOR expressly agrees to comply with all provisions of the Worker s Compensation Laws of the states wherein said work is performed (b) Comprehensive General Liability and Property Damage Insurance Bodily Injury & Property Damage Combined Single Limit Each Occurrence S 1000000 Such policy will include Contractual Liability. Products and Completed Operations. Owner's and Contractor's Protective. Pollution Liability. Broad Form Property Damage. Premises and Operations, and deletion "X". "C". and "U" delusions, if applicable. Said policy shall contain a severability of interest clause or a standard cross-liability endorsement. (c) Automobile Public Liability and Property Damage Insurance, including owned, hired, rented or non-owned automotive equipment. Bodily Injury & Property Damage Combined Single Limit Each Occurrence S *1*,'000,000 (d) Umbrella Liability Insurance coverage in exerts of the limits and terms in (a) through (c) above, with a combined single limn for Bodily Injury and Property Damage of at least: 4i000>000 for each occurrence. CONTRACTOR agrees to furnish COMPANY, prior to the beginning of any work hereunder, proper Ccnificaes of Insurance ev idencing the insurance coverages required herein. All policies required shall provide a minimum of thirty (30) days notice to COM PANY prior to cancellation COMPANY shall be ranted as additional insured under all policies required with the exception of the Worker's Compensation policy. All insurance policies required to be carried hereunder shall contain waiver of subrogation as to COMPANY, its agents, employees and the parties for which it is operating. The earners of the insurance policies required shall agree that the insurance required shall be considered primary iuaiiranct and all insurance earned by COMPANY, its agents, employees, and the panics for which it is operating, shall be considered aecoodary in relation thereto. Any and all deductibles in the above described insurance policies shall be assumed by. for the account of. and at the sole risk of CONTRACTOR. Asbestos Abatement Liability shall be provided subject to the provisions in sub-paragraphs (b) and (d) above. Such coverage may be included in the above policies, or provided for undet SAFETY REQUIREMENTSseparate cover. Contractor shall properly protect all property of the Owner and adjacent propeny and agrees that all necessary precautions shall be taken for the safety of the employees on the premises. The CONTRACTOR shall be responsible for compliance with all safety rules, regulations and laws to prevent accidents or injury to persons during the performance of the contract. CONTRACTOR shall also com ply promptly with any instructions of the Owner for the prevention of accidents, fire hazards, other perils or unsafe practices. COMPANY shall inform CONTRACTOR of any hazardous chemicals in the COMPANY'S workplace to which CONTRACTOR'S employees may be exposed while performing their job and any suggested appropriate protective measures. CONTRACTOR shall assure, above and beyond COMPANY'S responsibility regarding hazardous chemicals notification noted above, that CONTRACTOR'S employees are notified of such notification given by COMPANY CONTRACTOR shall not. without wntten permission of COMPANY, bnng onto COMPANY'S property any hazardous chemicals, and upon receiving such permission shail first notify COMPANY as 10 the idcntiiy. location and any suggested appropriate protective measures for the hazardous chemicals, and. further, upon the COMPANY'S request shall provide any appropriate Maienal Safety Data Sheets (MSDS) for these hazardous chemicals INDEPENDENT CONTRACTORS li is understood and agreed that CONTRACTOR is an Independent CONTRACTOR in the performance of his responsibilities and thai CONTRACTOR'S employees aliall be subject to CONTRACTORS sole and exclusive supervision, direction and control hereunder and shall not be deemed, in fact or in law, to be employees of COMPANY. COMPANY shall have ihe right generally to oversee and inspect the performance of CONTRACTOR to insure the satisfactory completion thereof, it being understood and agreed that COM PANY is not associated or connected with the actual performance or detail thereof, as COMPANY is interested in and looking only to the end result to be accomplished. / oaaeonaiwsoi RAM 0001773 I EXBIBIT C 1. LIABILITY AND INDEMNITY A. CONTRACTOR agrees to protect, defend, uncondition ally indemnify and hold COMPANY, its employees, directors and officers, free and harmless from and against any and all liabil ity, losses, claims, liens, demands, damages and causes of action of every kind and character, including without limitation judg ments, -penalties, interest, court costs and any legal fees incurred by the COMPANY in defense of same (including attorneys' fees incurred in enforcing this indemnity), which COMPANY may at any time suffer or sustain or become liable for by reason of any accidents, damages or injuries either to person or property or both of CONTRACTOR, or of the workmen of either party, or of any other parties or to the property of COMPANY, in any manner arising from or connected with the work performed hereunder, including but not limited to the sole or concurrent negligence of the COMPANY, .its officers, agents or employees, to the full extent such indemnification is permitted by the applicable law, provided that CONTRACTOR'S liability for negligence of COMPANY, shall not exceed the insurance coverage required to be carried by CONTRACTOR pursuant to this Agreement. CONTRACTOR further agrees to investigate, handle, respond to, provide defense for and defend any claims or suits arising hereunder at its sole expense and agrees to bear all costs and expenses related thereto. B. CONTRACTOR makes no representations, covenants, warranties or guarantees, express or implied, other than those expressly set forth in this Agreement. In no case shall COMPANY or CONTRACTOR be liable for contingent or consequential, special or indirect damages, except as to CONTRACTOR as may result from CONTRACTOR'S wilful breach of this Agreement. 2. WARRANTIES A. CONTRACTOR warrants that the Work shall be of good quality, free from fault or defect, performed in accordance with nationally recognized engineering codes and standards and sound industry practices, and shall conform to the specifications of this Agreement. B. For a period of twelve (12) months following accep tance of the Work, if the Work does not conform to the specifica tions, or is found to be defective, and the same is reported to CONTRACTOR by COMPANY promptly after recognition thereof, CONTRACTOR shall at no cost to COMPANY, furnish all services necessary, including labor and parts, to correct such defective Work as soon as possible after receipt of such report from COMPANY. In the event CONTRACTOR fails to correct said noncon forming and/or defective Work within a reasonable period of time, COMPANY shall have the right to otherwise perform or have per formed such corrective services, the costs of which shall be for CONTRACTOR'S account. C-l RAM 0001774 3. WAIVER OF LIENS A. - To the full extent permitted by law, CONTRACTOR hereby waives and releases any and all rights of mechanic's lien and other rights of lien for payment for services and labor furnished by CONTRACTOR in performance of this Agreement and otherwise granted by law. CONTRACTOR shall require each of its subcontractors to agree in writing to the waiver of such lien rights as a condition to the granting of a contract to it. B. CONTRACTOR hereby authorizes COMPANY to deduct from any amount due to CONTRACTOR, any amount which may be payable by CONTRACTOR to COMPANY; and any amount for which COMPANY may become liable to third parties by reason of CONTRACTOR'S actions and performing or failure to perform CONTRACTOR'S obligations under this Agreement; in the event that any claim is made by any third party against COMPANY or CONTRACTOR arising under this Agreement, or any other indebtedness shall exist which shall reasonably appear to be the basis for a claim of lien, COMPANY may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of COMPANY to exercise such right to deduct or to withhold shall not, however, affect the obligations of CONTRACTOR to perform the Work and to protect COMPANY as else where provided herein. CONTRACTOR shall indemnify COMPANY for liens by subcontractors arising out of this Agreement after COMPANY'S acceptance of the Work. ( C-2 RAM 0001775 SERVICE CONTRACT This Contract made this 18th das of November. iv91 . between Coastal Refining and Marketing .a corporation corporation, with oiHces atHouston, Texas hereinafter called ' Company and Asbestos Control Teama company with offices at 6618 Hunt Dnvtr, Corpus ChriSui, '"X . hercinatier called ' Comracior 7FTT3 WITNESSETH: WHEREAS Compans desires lo secure the services described below herein collestiseh tailed me Scrv ucs and WHEREAS. Contractor is in the business of providing such Scrv ices NOW, THEREFORE, in consideration of the premises and the mutual promises herein contained, the pjrtics herebv agree js toliow > 1. TERM. The term of this Contract shall he in effect fromdate of executionumil terminated by the occurrence of any one of more of the following a. Upon completion of the performance of the Services; or b. Upon five (5) days written notice by Company of its intention to terminate this Contract, mailed or otherwise delivered to Con tractor: or c. Upon Company $ written notice to Contractor at any time in the event that, m Company s sole discretion, the Services are not being performed in a manner deemed reasonable by Company In the event of termination prior to completion of the Services as provided herein. Company shall pjy Comracior jn amount pro portionately based on the Contract Pnce for Services satisfactorily performed up to the effective date of termination, and Company shall be relieved of any liability to Contractor for any Services performed after the effective date ol termination 2 CONTRACTOR'S AND COMPANY'S SERVICES. At times and locations designated by Company s representative Con tractor shall perform the Services more particularly described in the Exhibit "A" attached hereto and herein incorporated by this refer ence Contractor agrees that the Services shall be performed in a workmanlike manner with due diligence and without undue delays or interruptions Contractor further agrees that the Services shall be performed as economically as possible with the minimum number of employees, materials, and equipment necessary to perform such Services. In Company s sole discretion, any of the Sers ices may from lime to time, be performed by Company or others, and such work shall not be considered to be Services performed pursuant io this Contract. Company shall perform the work, if any. more particularly described in Exhibii A 3. CONTRACT PRICE AND TERMS OF PAYMENT. In consideration of Contractor s suhsiactury performance of the Ser vices. Company agrees to pay Contractor as full and complete compensation for such Services the amount herein called the Contract Price.'' set forth in Exhibit "A" The terms of Company's payment of the Contract Price arc also forth m Exhibit A 4 COMPANY'S REPRESENTATIVES. Company's representatives who mjy authorize Services to be performed hereunder or who may terminate ihis Contract are any Company officer or any other Company employee whi' may be designated in writing h\ jn officer of Company 5 INDEPENDENT CONTRACTOR. It is understood and agreed that Contractor is an Independent Contractor in the per formance ol each and every pan of ihis Contract and that Contractor s employees shall be subject to Contractor s sole ano exv iuwvc su pervision. direction and cor" mi and shall not be deemed, m fact or in law. to be employees ol Company Company shall h.n e :he right generally to oversee and inspeci the performance of the Services of Contractor to insure the satisl jciory completion thereof t vmc understood and agreed that Company is not associated or connected with the actual performance or details of the .Sers iu1' io he per formed pursuant to this Contract .is Company is interested in and looking only to the end result to .K.ompiished C.mir.u'.> `v solely liable for all labor material and other expenses m connection wuh Services performed by Conir.uior pursuant <' 0 LI AllII.ITY ANI) INDEMNITY. Contractor shall indemnify and hold Company harmless |rum ami .ig.urw ,,i. _s -- es. claims, demands, causes of action, liens, expenses and other liabilities arising out ol or m >. ounce lion wuh this Conn .u t e' the extent that such are caused by Company s negligence In those matters which Contractor is required to indemnify and n, ij c .'m pany harmless, and to the same extent to which Comracior is required to do so. Contractor shall defend thorns Usenet* aw > C pany and pay costs. expenses and attorney s tees incidental thereto and judgments resulting from su>. n claims Comp.m > m.i v-. e --e right, at ns option, to participate in the defense of each such claim without relieving Contractor ot anv ohngaimr here..-m;' 7. INSURANCE. Contraclor shall maintain in force j! its sole cost and expense, with insurance companies jv.er'.," : pany. insurance policies of the types and in the minimum amounts and with the terms and condition^ >e: !o"h m ; ' ~ taehed hereto and herein incorporated by reference N SUBCONTRACTORS AND ASSIGNMENT. Comracior shall not assign iho Contract or miKimiiu i ihv a -hv fbc Services io be performed by Contractor hereunder without Company's prior written lonscnt Company s amvr <- sigmnent or subcontract shall nul relieve Contraclor or its surety, if there be a surety, ol any liability lm iIn. lull ami .. formance ol this Contract according to its terms and conditions .o V. CONFIDENTIAL INFORMATION. Contractor agrees to keep all information secured in umnvdiui: performing the Services in strict confidence; not to divulge or to permit its employees, agents or subcontractors to d s.. k-..- . - formation, or any pan thereof, to any party other than Company without the prior written consent of Company a~j . - - > person on any job site other than Contractor. Contractor s employees and subcontractors or persons authorized b C , ~'pj-. ' V ^ Jjgauon.s contained in this section shall surs tve the termination of this Contract regardless of the cause or reasor e'~ - > RAM 0001776 10 ADDRESS. All notices and invoices to be given hereunder shall be in writing, except as otherwise agreed h> Company and Contractor Such nonces and invoices shall be mailed or otherwise delivered to the party to be notified ji its address set forth above or such other address as ihe party to be notified may have designated prior thereto, and shall be deemed given when received by the party to be notified, provided, however, thjt notice to Contractor of termination of this Contraci mas he given at the ioh site I I COMPLIANCE WITH LAWS. In the performance of the Services. Contractor shall comply. and shall require each of its subcontractors to comply with the requirements of any and all applicable laws, regulations, rules and orders of any governmental body having jurisdiction over the performance of this Contract Contractor further agrees to indemnify and hold Company harmless from and against any cost, expense, attorney's fee. citation, fine, penally and liability of every kind and nature which might to imposed by reason of any asserted or established violation of any such laws, order, rules and/or regulations To the extent that this Contract covers services and/or supplies subject to the provisions of Executive Order No I I 2-46 dated September 24. IS>65. as amended jnd supple mented. the provisions of See. 202. subparagraphs i 11 through f71. of said Order .ire with the rule' regulations and orders of the Sec retary of Labor thereunder, made a part hereof as tully as il copied herein in full 12 GOVERNING LAW. This Contract shall be governed by. and construed in accordantc w ith the internal law s n| ihe Stale ot Texas 13 AMENDMENTS. No amendment or modification of this Contract shall be valid unless ev idenced in writing, signed by or on behalf of Contractor and by an officer of Company. 14 CONTRACT IN ENTIRETY. This Contract sets forth the full and complete agreement of the parties hereto This Contract supersedes any and all proposals, negotiations and representations of the parties made or had prior to the execution hereof relative to the subject matter of this Contract If any of the Services provided for by this Contract were commenced by Contractor under oral agreement prior to the execution of this Contract, this written Contract shall apply thereto in the same manner as if made before the performance of the Services was commenced. IN THE EVENT OF ANY CONFLICT BETWEEN (i) THE PROVISIONS OF THE BODY OF THIS CONTRACT. AND (u) THE PROVISIONS OF ITS ATTACHED EXHIBITS OR THE PROVISIONS OF ANY OTHER ATTACHMENTS HERETO. THE PROVISIONS OF THE BODY OF THIS CONTRACT SHALL PREVAIL AND CON TROL THE OPERATION OF THIS CONTRACT 15 SUCCESSORS AND ASSIGNS. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 16 ADDITIONAL PROVISIONS. Exhibit "A" Exhibit "B" Exhibit "f" Exhibit "D" all attached hereto and IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written ATTEST Asbestos Control Team i Contr.u :or Assistant Secretary ATTEST 000 0023 IMO Assistant Secretarv UAi't: \T---- \\-- ^ | Coastal Refining and Marketing, Inc. DATE: (Company i /- ? - -.-b r e#: /c i: ^) v RAM 0001777 EXHIBIT "A" Tn be attached to and become j part ot that certain Service Contract dated November 18________ Id ^ but to be1 and be come effeettve a- of td_ _ beturrn coastal Refining & Market and Asbestos Control Team, Contractor 1 CONTRACTOR'S SERVICES 1. Provide Asbestos Abatement Services within the Refinery. 2. Provide Insulaton Services within the Refinery. 3. Erect and dismantle scaffolds on an as needed basis within the Refinery. All the above services are to be provided on an as needed basis. COMPANY'S SERVICES Provide direction and support as needed. CONTRACT PRICE AM) TERMS OF PAYMENT Per Race Schedule attached as Exhibit D. {tic understood and agreed that Contractor shah not be entitled to arts Cornpans bunchi. normal Is a si ended hv Com pan. to it. os. e. employees and that the Contract Price is the total consideration passable hereunder Contractor shall invoice Company ^or wor^ performedand ^ !l furnish Company w nh copies m receipts and other evidence of amounts invoiced and with evidence that all labor and material claims fur w hich Contractor in responsible in connection with its performance of the Serv ices have been paid Company shall pay such invoice' * irhin a reasonable penoc of ume after ns receipt (hereof Company s pay meni of each invoice shall be subject lo Company s voncurrcrKC w nh the correunc" jnd jv turaev ol the amounts invoiced by Contractor, which concurrence shall not be unreasonably withheld Company 'hall nave the ngnt a all reasonable times to inspect and audit the books of Contractor pertaining lo the Services rendered hereunder prm idee nou ever tha Contractor shall have the right to exclude any trade secrets, formulas or processes from such inspection Contractor hereby authorizes Company to deduct from any amount due to Contractor, all amounts w hich may be pay able h\ Contract tor fo Company, and also all amounts for which Company may become liable to third panies by reason ol Contractor s ast and per forming or failure to perform Contractor's obligations under this Contract; and in the event thjt any elaim is made by any third party the amount of validity of which is disputed by Contractor, or any other indebtedness shall exist which shall reasonably appear to be the basis for a claim of a hen. Company may withhold from any payment due. without liability lor interest hec juse of such w up holding. an amount sufficient to cover such claim The failure of Company to exercise such right to deduct or to w uphold 'hull not. however affect the obligation of Contractor 10 protect Company as elsewhere provided herein RAM 0001778 EXHIBIT "B" insurance requirements CONTRACTOR Shall procure pay premiums. and maintain at jll times during the term hereof sufficient insurance satisfactory to COMPANY, as mav be required by law to protect CONTRACTOR and COMPANY from and against jil claims, demands and causes ol action arising bv reason of anv work performed by CONTR ACTOR Such insurance shall he written m the follow mg minimum amounts tai Worker's Compensation Insurance and Employer s Liability Insurance as provided by Statute including coverage under U.S. Longshoremen s and Harbor W orkcr s Act if applicable The CONTRACTOR c \ pres sly agrees to comply w uh all provisions of the W orker s Compensation Law s of the states wherein sjid work is performed ibi Comprehensive General Liability and Propens Damage Insurance Bodily Injury & Propens Damage Combined Single Limit Each Occurrence S ^ Such policy will me lude Contractual Liability Products and Complcied Operations. Owner s and Contractor s Protective Pollution Liability. Broad Form Property Damage. Premises and Operations, and deletion X C' and L exclusions if applicable Said policy shall contain a severability of interest clause or a standard cross-liability endorsement lei Automobile Public Liability and Propeny Damage Insurance, including owned, hired, rented or non-owned automotive equipment Bodily Injury & Propeny Damage Combined Single Limn Each Occurrence S ^ 1 <di Umbrella Liability Insurance coverage in excess of the limits jnd terms in i a> through icj above, with j combined single limn for Bodily Injury and Propeny Damage of Jt least 4/000/000 for cac^ occurrence CONTRACTOR agrees to furnish COMPANY, prior to the beginning of any work hereunder, proper Certificates of Insurance ev idencing the insurance coverages required herein All policies required shall provide a minimum of thinv (>0) days notice to COM PANY prior to cancellation COMPANY shall be named as additional insured under ail policies required with the exception of the Worker's Compensation policy All insurance policies required to be carried hereunder shall contain a waiver of subrogation as to COMPANY, its agents, employees and the panies for which it is operating The earners of the insurance policies required shall agree that the insurance required shall be considered primary insurance and all insurance carried by COMPANY, ns agents, employees, and the parties for which it is operating, shall be considered secondary in relation thereto Any and all deductibles m the above described insurance policies shall be assumed by. for the account of. and at the sole risk of CONTRACTOR. Asbestos Abatement Liability shall be provided subject to the provisions in sub-paragraphs (b) and (d) above. Such coverage may be included in the above policies, or provided for under SAFETY REQUIREMENTSseparate cover. Contractor shall properly protect all property of the Owner and adjacent property and agrees that aH necessary precautions shall be taken for the safety of the employee< on the premises The CONTRACTOR shall be responsible for compliance w ith all safety rules regulations and laws to prevent accidents or injury to persons during the performance of the contract CONTRACTOR shall also com ply promptlv with any instructions of the Owner for the prevention of accidents, fire hazards other perils or unsafe practice' COMPANY shall inform CONTRACTOR of any hazardous chemicals in the COMPANY'S workplace to which CONTRACTOR S emplovees mav be exposed whiic pcnorming their job jnd jny suggested appropriate proles live measures CONTRACTOR shjll assure above arid beyond COMPANY S responsibility regarding hazardous ^heniKais nomination noied ano'C that CONTRACTOR S employees are not it icd of such not i he jnon gi ven hy COMP AN > CONTRACTOR shall not. without written permission ol COMPANY, bring onto COMPAN> S property any hazardous chcmiejls and upon receiving such permission shall first notify COMPANY as u> the identity location jnd any suggested appropriate protective measures for the hazardous ^ hemic ais and fun he' upon the COM PA N Y S request shal I pros ide am appropr.ue Materia1 S.itei v Dai a Sheets ( MSDS i lor these hazardous chemicals INDEPENDENT CONTRACTORS It is understood and agreed that CONTRACTOR is an Independent CONTRACTOR rn the performance ol his responsibilities and that CONTRACTOR'S employees shall be subject to CONTRACTORS sole and exclusive supervision, direction and control hereunder and shall not be deemed, in fact or in law. to be employees of COMPANY. COMPANY shall have the right generally to oversee and inspect the performance of CONTRACTOR to insure the satisfactory completion thereof, n being understood and agreed that COM PANY is not associated or connected with the actual performance or detail thereof, us COMPANY is interested in and look mg only to the end result to be accomplished jC?30 9C RAM 0001779 EXHIBIT C 1. LIABILITY AND INDEMNITY A. CONTRACTOR agrees to protect, defend, uncondition ally indemnify and hold COMPANY, its employees, directors and officers, free and harmless from and against any and all liabil ity, losses, claims, liens, demands, damages and causes of action of every kind and character, including without limitation judg ments, penalties, interest, court costs and any legal fees incurred by the COMPANY in defense of same (including attorneys' fees incurred in enforcing this indemnity), which COMPANY may at any time suffer or sustain or become liable for by reason of any accidents, damages or injuries either to person or property or both of CONTRACTOR, or of the workmen of either party, or of any other parties or to the property of COMPANY, in any manner arising from or connected with the work performed hereunder, including but not limited to the sole or concurrent negligence of the COMPANY, its officers, agents or employees, to the full extent such indemnification is permitted by the applicable law, provided that CONTRACTOR'S liability for negligence of COMPANY, shall not exceed the insurance coverage required to be carried by CONTRACTOR pursuant to this Agreement. CONTRACTOR further agrees to investigate, handle, respond to, provide defense for and defend any claims or suits arising hereunder at its sole expense and agrees to bear all costs and expenses related thereto. B. CONTRACTOR makes no representations, covenants, warranties or guarantees, express or implied, other than those expressly set forth in this Agreement. In no case shall COMPANY or CONTRACTOR be liable for contingent or consequential, special or indirect damages, except as to CONTRACTOR as may result from CONTRACTOR'S wilful breach of this Agreement. 2. WARRANTIES A. CONTRACTOR warrants that the Work shall be of good quality, free from fault or defect, performed in accordance with nationally recognized engineering codes and standards and sound industry practices, and shall conform to the specifications of this Agreement. B. For a period of twelve (12) months following accep tance of the Work, if the Work does not conform to the specifica tions, or is found to be defective, and the same is reported to CONTRACTOR by COMPANY promptly after recognition thereof, CONTRACTOR shall at no cost to COMPANY, furnish all services necessary, including labor and parts, to correct such defective Work as soon as possible after receipt of such report from COMPANY. In the event CONTRACTOR fails to correct said noncon forming and/or defective work within a reasonable period of time, COMPANY shall have the right to otherwise perform or have per formed such corrective services, the costs of which shall be for CONTRACTOR'S account. C-l 000A7&0 ram 3. WAIVER OF LIENS A. To the full extent permitted by law, CONTRACTOR hereby waives and releases any and all rights of mechanic's lien and other rights of lien for payment for services and labor furnished by CONTRACTOR in performance of this Agreement and otherwise granted by law. CONTRACTOR shall require each of its subcontractors to agree in writing to the waiver of such lien rights as a condition to the granting of a contract to it. B. CONTRACTOR hereby authorizes COMPANY to deduct from any amount due to CONTRACTOR, any amount which may be payable by CONTRACTOR to COMPANY; and any amount for which COMPANY may become liable to third parties by reason of CONTRACTOR'S actions and performing or failure to perform CONTRACTOR'S obligations under this Agreement; in the event that any claim is made by any third party against COMPANY or CONTRACTOR arising under this Agreement, or any other indebtedness shall exist which shall reasonably appear to be the basis for a claim of lien, COMPANY may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of COMPANY to exercise such right to deduct or to withhold shall not, however, affect the obligations of CONTRACTOR to perform the Work and to protect COMPANY as else where provided herein. CONTRACTOR shall indemnify COMPANY for liens by subcontractors arising out of this Agreement after COMPANY'S acceptance of the Work. C-2 RAM 0001781 TRANSMISSION REPORT FH.'Nc T T I N i :nT E an: TIME rr a t; . n u:: e F AuE f. E S V l : ^ S ^ COASTAL o*7-;" 09 * i AM 05 4 7 LE0A 0f GCOC F*AM 0001782 RAM 0001783 Easi-Air'" Full Facepiece Respirators Sob pliable taceoiece provides a comlonabic- lii Available with choice of rubber or silicone Double Hap lace seal, nosecup, anc six adiuslabie straps (with two overhead straps': provide a reliable lit tor maximum pr election uarae lace shield to- coco visioility with scralcn-resistani polycarbonate lens Speaking diaphragm tor easy, clear commumcalion. NiOSH/MSHA approved to' 3 modes oi operation lor use as an air purifying dual carlnoge aspirator, a Type-C continuous . .-. supolied air respirator. v combination mode ot air . no and Type-C continuous : . c an Tne taS' a laoep.ecc 'c-sDi'alor in a comomalion mode as an ar pur,rv.-c oua1 cartridge and Type-C or- oe.jjs How sjppliea a1, respi'a:: - : ic-atu'es 6 neansiracs to- a secure. mionaoic NiOSH/tdS.nA app-p.cd to- suopned a'- coni-njcus to,-. :/ pressu'Cdemand apo-ioalons using lo.-. pressure connecidrs .'. 'dd.: c VV3195 RAM 0001784 Texas Health Dept. Contractor # 80--0238 Supervisor# 80-2531 OSHA-EPA certificate #1394-09 We carry up to 1 million dollars in asbestos liability insurance. We carry statutory Texas Workers Compensation Insurance. We have outstanding bond line. Qualified for residential, commercial, industrial abatement projects. 24 hr. emergency response All of asbestos workers are Texas licensed asbestos workers, certified supervisors. All employees have been physically examined. All have been declared qualified to work in the asbestos industry. Asbestos Control Team has proven to be leader in the industry , by completing all projects on time without citations. All of our work has been and will continue to be governed by all federal, state and local regulatory agencies. We use the latest state of the an equipment and products. RAM 0001786 Asbestos Control Team L.C.T.) 6618 Hunt Drive rorpus Christi, TX 78413 ( __________________ Corpus Christi, TX (512) 992-0087 Harlingen, TX (512)421-4292 24 Hour Emergency Service C9-38-63c rvic --roiD' h vc?:-: EPS D?~c_"czs ecp 33ES' 'oXO? r7\D0~'*.^.' TLV.: 26.32 . o e:-:se -3-0-i65 T TT>' ` * T O? PPCCZTCPES _DO. '^"* \J7*Z_'C" 'S' C . S . H . A . ASBESTOS ABATEMENT PROJECTS ^PV 'EC EE BE?: : 8_ 389 CCEE ;c8 5. 198 : c8: __ opo s 5. f varecling C0LUN3U5 HOTEL 19.CC 31 SCAVNE BL'-'D. Mirth. . r - Or"_Jrt CAL A --03.*- 110 M . Z. MIAMI. E CITY OF ORLANDO OrtL.ANDO. FLO.-'. DA SUPERVISOR SCHOOL AUSTIN. TEXAS GILMAN INSULATION INDUSTRIAL PROJECT C 51Z; 884-9906 PUBEN 30NILLA. 15 HEWITT PLACE CORPUS CHRISTI. TEXAS NOVEMBER 16. 198 PRINCESS APARTMENTS ICO! WATER ST. CORPUS CHRISTI. TEXAS MANAGER: <5I2) 589-3651 RAM 0001787 NOVEMBER 22. 108 DECEMBER 19. 1 <>89 DECEMBER 29. I^B0 FEBRUARY 21. 1990 FEBRUARY 24. ;990 FEBRUAPY 28. 1990 MARCH 2, 1990 MARCH 12. !oo0 APRIL 4. 10 ( i:e!;edy i.s.d. P.O. BOX 149 KENEDY. TEXAS MR. CHAPMAN C 512 > 589-3651 SINTOK I.S.D. 322 ARCHER ST. SINTON. TEXAS MR. GEORGE HERNANDEZ (512) 526-4249 REFUGIO I.S.D. P.C. DRAWER 190 REFUGIO. TEXAS DR. BEN CULWELL (512) 526-4249 NAVAL AIR STATION FIRE STATION CORPUS CHRISTI. TEXAS MR. DAVID REYES (512) 939-2154 KNAPP MEDICAL CENTER WESLACO. TEXAS MR. H. VINCE CAMPNEY (512) 969-5263 RAGLAND BLDG. (KING RANCH) BMW ENGINEERING MR. MODY BOATRIGHT (512) 854-1231 KNAPP MEDICAL CENTER WESLACO. TEXAS MR. H. VINCE CAMPNEY (512) 969-5263 NAVAL AIR STATION JOE HUNT CONSTRUCTION CORPUS CHRISTI, TEXAS (512) 850-0410 TEXAS LINEN HARLINGEN. TEXAS MR. GARY WHITTINGTON (800) 480-5999 RAM 0001788 OOf! 12. 1oo0 c. ; oo V 3. :<=C i oo TZM3EP 22. :c:=C 03E? 25. .QOZ li:JAPP MEDICAL CE.'.'TEP WESLACO. TEXAS MR. VIMCE CAMPNEY (512) P6-5263 KINGSVILLE I . S . 2 . ?.0. 3OX 87 K INGSVI LLE. TEXAS "'8363 MR. MENDI ETA (512) 52-3387 ELO'JP BLUFF I.S.D. 2505 WALDRON PD. CORPUS CHRISTI. TEXAS 78418 MR. W.i;. CLA30RN, (5i2) 937-2681 HOLY FAMILY CHURCH 25C5 NOGALES CORPUS CHRISTI. TEXAS 78416 REV. BILL ELLICTT (512) 884-3245 SANTA ROSA I.S.D. P.C. BOX 368 SANTA ROSA. TEXAS MR. NAVARRO (512) 636-1813 TAFT I.S.D. TAFT. TEXAS MR. HENIKE (512) 528-2753 PARKDALE BAPTIST CHURCH 3875 S. STAPLES CORPUS CHRISTI, TE\AS 78411 MR. MODY BOATRIGHT (512) 853-8724 NAVAL AIR STATION CORPUS CHRISTI, TEXAS MR. JOE HUNT (512) 850-0410 U.5. POSTAL SERVICE MAIN POST OFFICE GAiNSV I LLr.. TEXAS 76240-462MS. HOPE MORENO. POSTMASTER (817) 664-5811 RAM 0001789 K'3E? 8 . " C- JANUARY 21. . i FEBRUARY oo ' OO ; MARCH 4. 11 T." Z. s??::;g b?p:;ch :.s.d. . < o-- 3 P o K o v --.jo. 3T.3C RCSEFIELD HOUSTON . TEX.-3 ""'053 MR. FRET RAY < " 1 3 : 46"-8l2" j c ^CS^-' gS'^V'CE 620 EAST RECAN Me ALLEN. TEXAS "85C. NR. JANES DUNCAN. POSTMASTER -512) 686-5621 U.S. POSTAL SERVICE -10. E. 2nc ST. ALICE. TEXAS "'8332 MR. CARLOS 3'JDD. POSTMASTER <5121 664-5541 3m 0051.7"! CO^fc-wCe. 4600 CHARCOS BEEVILLE. TEXAS "8: 3MX ENGINEERING MCDY 30ATRIGHT :5l2l 85--1231 U.S. POSTAL SERVICE 1215 3EE MATHIS. TEXAS 78368 MR. LEONARDO Y2AGUIRRE. <Dli_! D-,, -306. POSTHAS" NAVAL AIR STATION 3UILDING *39 CORPUS CHRISTI. TEXAS DAVID REYES C512) 3-2i54 322 ARCHER SINTON, TEXAS o eopge hernande: 526-424 . T.L ^ -r . O. . 221 S. SHORELINE CORPUS CHRISTI. TEXAS "840: MR. KODY BOATRIGHT. ENGINEER <5121 853-8724 RAM 0001790 I'i.ojy 5 _ > o MARCH 2i . l9i APRIL 19. lOQl APPIL 21. 11 APRIL MAY 10. 1991 18. 191 t. QQ 1004 FIRST ST. ALICE. TEXAS 78332 SHAMROCK DEMOLITION MR. CHUCK OLSEN (512) 643-6407 NAVAL AIR STATION BUILDING 4/16 CORPUS CHRISTI. TEXAS MR. DAVID REYES (5121 3-2154 NAVAL AIR STATION 3UILDING *198, SECURITY BLDG. CORPUS CHRISTI. TEXAS MP. DAVID REYES (512) 93^-2154 THE 600 BUILDING 600 LEOPARD CORPUS CHRISTI. TEXAS BOATRIGHT ENGINEERING MR. MODY BOATRIGHT (512) 853-8724 DEPARTMENT OF VITEPAL AFFAIRS C/C CENTURY 21 MYERS 5505 SARATOGA CORPUS CHRISTI. TEXAS 78413 MS. THERESA RANLY (512) 094-0356 THREE RIVERS I.S.D. P.O. BOX 640 THREE RIVERS, TEXAS 78071 MR. DEL WARE (512) 863-4888 TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P.O. BOX 9907 CORPUS CHRISTI. TEXAS 7846 MS. ELLA MAYSON (512) 855-8281 THE CITY OF CORPUS CHRISTI PARKDALE BRANCH LIBRARY 1201 LEOPARD CORPUS CHRISTI. TEXAS MR. EDGAR FARRERA (512) 880-3500 RAM 0001791 -A. 1GG1 :-.,:GOi .8. :G: NAVAL AI? STATIC'; HANGAR *43 AND BLDG. *8 CORPUS CHRIST I . TEXAS MR. DA.v I D PETES (512) G3-2:54 BEEVILLE I.S.D. A.C. JONES AUDITORIUM 811 N. POLE 3EEVILLE. TEXAS 78104 MR. BILL JOHNSON (512) 358-2727 DAVIS GAS PROCESSING ROBSTOWN PLANT 211 W. COLORADO MIDLAND. TEXAS 797Ci-46G6 MR. J.L. DAVIS (15> 682-6311 MERCEDES I.S.D. 12CG S. FLORIDA AVE. MERCEDES. TEXAS ~857C MP. RU3EN MORALES c 512l 381-8389 THREE RIVERS I.S.D. P.O. BOX 640 THREE RIVERS, TEXAS 78071 MR. DEL WARE (512) 863-4888 naval air station BUILDING *8 CCAD CORPUS CHRIST I. TEXAS MP. RUDY REYES (512) 939-2158 7841G-5C30 ENRON GAS PIPELINE G1 5-= UP RIVER RD. CORPUS CHRISTI. TEXAS MR. RICK SPARKS C 511. / . " ^8. . 7841C ! irvr.,, r. x r Oxni iui'i SCO I ADMIRAL S HOME CORPUS CHPISTI, TEXAS MR. RUDY REYES (512) 939-2158 ~841G-50CC RAM 0001792 TEXAS DEPARTMENT OF HEALTH certifies that the person identified below is an ASBESTOS PROJECT SUPERVISOR BRUNO ALCALA 23S-3P-SSJS Issue Dale 10/0I/O! Expiration Date qs / 2'5 /3 j Registration No 30-2S: '. C""J,"00682 TEXAS DEPARTMENT OF HEALTH ^ bur V ASBESTOS CORTROL /' Issue Date 10/01/31 Expiration Date OS/29f92 Registration No. ' DontrotNcOOegl Acton Biffm UB fAC P RAM 0001793 i s:;:tc;; :.s.d. RAM 0001794 rf Asbestos Control Team (A.C.T.) Abatement Contractor License #80-0238 T-Listed Bond 6618 Hunt Dr. Corpus Christi, Texas 78413 Phone (512) 992-0087 Fax (512) 992-8449 RAM 0001795 TEXAS DEPARTMENT OF HEALTH BE IT KN O W N THAT RAM 0001796 RAM 0001797 VOID IF ALTERED NON-TRANSFERABLE 01182 RAM 0001798 uenmcaie oi i raining txo. ueparvneni oi Laoor Mine Salety and Health Administration Approved: 6MB Number 12190070, Expires March 31.1985! Thu certificate it required under Public Law 01-173 as amended by Public Law Bb-164. Failure to comply may result in penal ties end other sanctions as provided by sections 108 and 110. Public Law 91-173 as emended bv Public Uw 96164 Issue Cartilicata immediately 0 Upon Completion of Training Serial Number llor operaior's use) n?z- 3 jT.- 4 9 3 y 1. Print Full Name of Person Trained Hirst, middle, last) fceONo ALCALA- 2. Check Type of Approved Training Received: Annual Refresher Orowly Employed. Experienced Miner Hazard Training New Task (specify below) Date Task Newly Employed. Inexperienced Miner Initials Date Task --Studi f/ Other (specify) Initials In_s__lf Srudir-- ____ ---- ----- _----- 3. Check Typed Operatipn'and Related Industry. A. Surface p^onstruction Underground ____ --- Shaft ft Slope B Coal Metal Nonmetal . Date Training Requirements Completed ^ / Check If not completed if completed, go to item 6. below. and go to Item 5. below. S. Check Subjects Completed lusa only for partially completed training) QrfTttroduction to Work Environment Roof/Ground Control ft Ventilation _ ^Health B'ftezard Recoptitlon B*^na Map; OEtfcdkal Hazards B-rtSs Aspects of Tasks Emergency titncomonT Barricsdlng B"FSrst Aid Assigned Mine Gases Cleanup; Rock Dusting Statutory Rights of Miners OManOatory Health ft B-MT-Rescue ft Respiratory Safety Standards Explosives B'^reventlon of Accidents Devices Authority ft Rasponstbllity o Other (specify) fransport ft Communica of Supervisors ft Miners' tion Systems Representatives O 6. Falsa certification la punishable I certify that the above training has been completed under taction 110 (el end HI of (signajure of parson reaponybie foMraining) the Federal Mina Safaty ft Health Act |f.L 91-173 as amandad by ___________ ^ /!MrP.L. 96-1641. 7. Mina Name. ID, ft Location of Trelrting (if institution, give name ft address) RAM 0001799 CODE o X? --i fN4 \> con -nJ CO 2 O X) c co D CD CO O CO CD D CD CD "D < CD CD 3 33 CL CD D CD r+ CD O > Q. 3 -CS3 O" O 7*3 < c+ roo rv)13 I NO o ro i r RAM 0001800 Roben Bernstein, M.D.. F.A.CP. Commissioner Robert A Maclean. M.D. Deputy Commissioner Professional Services Hermas L. Miller Deputy Commissioner Management and Administration 1100 West 49th Street Austin, Te0S 7b7Sb11VS (SI 2) a SB-7111 Per*it No. C42-A Coordinates; N 6 00.75' W 37 33. 55' PERMIT FOR ft MUNICIPAL SOLID WASTE FACILITY liluM under provision* of Article 4477-7, Vernon's T(VexMeSs CW1iVv1i1l S9VtatiUut(eVs>,i anndu tvhret Texas Department of Health's M"MMi>umn ic*ipmsal1 CSamoIli*dA UWaaasetem MMaamnaag--i---- --n--at DReagmui laaft itoAnnsa ** & the ftojrd Ktan | AnOcfviXi M O . Ch0irnv*n Arihw> l Oir>r$ M D V<^Ch4'min &*>D CUic DC S*c'*ur> 8 Uik Avi |f M f AC NH A f link Bryjm ) M 0 f A A t P l< MO Hjms Q C0 0s M Ou'i M M A l)fnr\k D\ M k*`S t\ir H( lUrfirri O mD kiw turn** v , M D fc*dor* lootth Mf4 I Stovff. K Pti Ms m Stcttnef. 0 O SlUer Mtntn SiroNrwym ISM IK m P h tdward H. Zunkn. O D Permittee FranklinF. Kelly P. 0. Box 1095 Sinton, Texas 7B387 Site ftxner Frank!in F. Kelly P. 0. Box 1095 Sinton, Texas 78367 Leaal Description of Site: The legal description as provided by tne oemittee is nereoy Made a oart of this permit. Sm and Location of Sitei The 100.3-acre site is located in San Patricic- County approximately three (3) miles southwest of the City of Sinton and at the northwest corner of the intersection of Fh 1945 and County Road 39. Operational Classification of Situ Type I Waste Disposal Methods Used at Sitei Continuous trench method of disposal with compaction of solid waste and cover with a minimum of six (6) inches of compacted earth not less often than once on each day of o^rktion. Description of Waste Materials Processed at Site; Solid waste under the regulatory jurisdiction of the Texaa Department of Health, when disposed of or orocessed in accordance with the Department's "Municipal Solid Waste Management Regulations.* Standard Provision! Acceptance of thie permit constitute* an acknowledgment that the permittee will comply with all of the terms, provisions, conditions, limitations and other restrictions embodied in this permit; with thm "Municipal Solio Waste Management Regulations* of the Texas Department of Health; and with the oertirient laws of the State of Texas. Special Provisions; None This permit will be valid until cancelled or revoked by the Commissioner of Health of the Texas Department of Health or until the site is completely filled and rendered unusable, whichever occurs first. RAM 0001801 { Permit No. 242: Waste Disposal Center. Sinton, Texas The Waste Disposal Center is a permitted Type I landfill located outside of Sinton, Texas in San Patricio County. The original permit was issued in 1977 and amended in July 1986. The landfill uses the trench fill method of operation and has authorization for aerial (above grade) fill operation. Trench Construction: The basic trench construction starts with a trench approximately 100 to 110 feet wide. 500 to 700 feet long, and 16 feet deep. A four foot compacted clay liner is installed in the bottom of the trench. The sides of the trench are then lined with clay rich material (k < 1 x 10'7 cm/sec). The side wall liners are installed in compacted six inch lifts. The side wall liner is approximately 8 feet wide at the top and is approximately 15 feet wide at the base. Each trench is divided into approximate thirds by fire containment barriers constructed of clay rich material. Each barrier is approximately 8 feet wide at the top and 15 feet wide at the base. The liner certification documents are submitted to and approved by the Department before the trench is used. Class I Trench Segments: Those portions of the trenches 'which are used for Class I nonhazardous solid waste are covered with four feet of compacted clay rich material and sloped to deflect drainage away from the fill waste. In some cases, the site is authorized to use aerial fill above the capped industrial waste for bulky or nonputrescible municipal solid waste. This waste must be covered in accordance with the TDH rules for final cover in landfills. Otherwise the capped industrial solid waste must be covered with an additional one foot of soil capable of sustaining vegetation and vegetated. Leachate Collection System: One segment of each trench will be equiped with a leachate collection system. The system is designed to have all sections of the trench floor graded to drain to the longitudinal center line of the trench. A sump will be installed above the clay liner in the center of the trench segment. The leachate collection media placed on top of the liner will consist of six inches of uniformly graded, washed sand or very fine gravel. In addition ten foot length of corrugated polyethylene perforated pipe will be installed along the center line of each trench in the section with the leachate collection system to facilitate the collection of any leachate. The initial leachate collection system will be installed in a segment of Trench #7. the active trench, in December 1986. Ground-water Monitoring: The landfill has seven monitor wells installed around the site. These wells are monitored in accordance with the TDH regulation for groundwater monitoring. RAM 0001802 INDUSTRIAL NONHAZARDOUS WASTE DISPOSAL SERVICES The disposal of nonhazardous industrial waste poses a particular problem for the industrial generator. The WDC facility has evolved to solve this problem. Environmentally sound disposal practices ensures you the generator, of sound disposition as well as a significant cost savings over a conventional RCRA facility. Nonhazardous waste streams in solid, semi-solid or liquid form are easily and economically handled at WDC WDCs staff professionals have extensive experience in dealing with the appropriate state agencies to obtain the required concurrence for the disposal of CLASS I NONHAZARDOUS WASTES in a expedient manner. WDCs unique waste characterization and manifestation program ensures you, the generator of proper disposal of your CLASS II and fil and SPECIAL WASTES. Routine disposal of these wastes indude: FRIABLE and NONFRIABLE ASBESTOS EMPTY DRUMS and CONTAINERS STABILIZED and UNSTABILIZED SLUDGES FROM WASTEWATER TREATMENT FACILITIES For out of state generators WDC provides assistance in obtaining the proper waste dassifications and codes for disposal in Texas. WDCs technical staff is available to discuss and assist your company in the proper management, handling and transportation of the wastes that your facility produces. RAM 0001803 I KENEDY INDEPENDENT SCHOOL DISTRICT 401 HWY. 719 PHONE: 583-3651 - AREA CODE 512 KENEDY. TEXAS 78119 W.L CHAPMAN SUPERINTENDENT TO. Dennis Narup City of Harlingen, Texas FROM: William L. Chapman Superintendent of Schools DATE: January 16, 1990 SUBJECT: Asbestos Control Team of Corpus Christi, Texas Dear Sir With regard to referring the firm Asbestos Control Team of Corpus Christi, Texas - this firm performed an asbestos removal project for the Kenedy School District in November 1989. The project required removal of asbestos insulation from the plumbing of a deleted steam heating system under a 200,000 sq. ft high school building. The Asbestos Control Team completed this project "to the letter" as specified. Therefore, I recommend them to you without reservation. Their performance was excellent If I can be of further assistance, do not hesitate to call. Sincerely, W. L. Chapman Superintendent RAM 0001804 SINTON INDEPENDENT SCHOOL DISTRICT SINTON TEXAS 71187 L January 16, 1990 To Whom It May Concern: The Sinton Independent School District has recently completed an extensive asbestos abatement project under the services of Asbestos Control Team. Mr. Bruno Alcala, president of the company, and other members did an outstanding job. Mr. Alcala is a very dependable and thorough individual. I would recommend Mr. Alcala and Asbestos Control Team without reservations. If I may be of further assistance, please feel free to call on me . Sincerely WFMcD:j r K. F. McDaniel RAM 0001805 National S pill Control School RAM 0001806 oo u O U CD cc .c co .9? **-- r CD o CO JZ h- O ( ^%-gv. j " co" V ffl 3 \ CO O#. 3 3 oo>co. c.-S. Oc) a %t 5Sgt &o o,S- o a t- o>c~ 00 3 aJS 1_ o E TJ 7 O C^c*-; oo 0'r^ Z vr- CO 1 ; .<(/> > -.c co 1- O) o> T- 0>--) <s2/>. *_ o c > 3= c i m 00 2 CU <4--< > O) g (0 o ~ s < 5 RAM 0001807 RAM 0001808 RANI 0001809 RAM 0001810 RAM 000181*1 RAM 0001812 RAM 0001813 OOOI814 RAM 0001815 RAM 0001816 RAM 0001817 RAM 0001818 VOID IF ALTERED NON-TRANSFERABLE RAM 0001819 I RAM 0001820 I RAM 0001821 RAM 0001822 0/ -D C 5 c cc u U U z z < C H C=3 a (==) cr--i G CH] G < H- z LU 2 z 0 > z UJ RAM 0001823 RAM 0001824 VOID IF ALTERED NON-TRANSFERABLE 02869 i RAM 0001825 RAM 0001826 I RAM 0001827 < RAM 0001828 VOID IF ALTERED NON-TRANSFERABLE RAM 0001829 ( RAM 0001830 Ram oooi83i TEXAS RAM 0001832 ( RAM 0001833 RAM 0001834 RAM 0001835 I Ram 01836 i RAM 0001837 I Critical Systems Houston. Texas OftnS'O* 0* C*<'>CK tNOuS'^ES INC AIR BURST Jr. Type "C* Breathing Air System In combination with a Breathing Air Compressor, the AB-Jr. will provide a continuous supply of 'Grade O' breathing air. FEATURES: Balanced 8-Wortrer Air Delivery Up To 300 Feet Water Cooled Aftercooler 'Automatic Switching to Reserve Air Supply Four Stage Filtration : 1 st stage . Water / Particulate - Extraction 2nd stage : Hydrocarbon / Particulate - Extraction 3rd stage : Odor Extraction 4th stage Odor / Particulate -Extraction Optional Heavy Duty Cart' `Optional High Pressure Manifold lor Connecting Reserve Air Botlles FOUR SAFETY ALARMS : 1. Carbon Monoxide Monitor 2. Low Pressure or Compressor Failure 3. Power Failure 4. Monitor Malfunction SPECIFICATIONS : `Dimensions : 30" D x 58' H x 44' W Weight: 240 lbs. Water Connections : Garden Hose Thread Air Connections : 4-Lug Crowfoot Power: 110 Volt/60 Hz Maximum Rated Capacity : 120 cfm @ 125 psi Monitor: Solid State Catalytic Sensor RAM 0001838 ( The critical difference. CERTIFICATION OF COMPLIANCE AIR BUR5T-JT. BREATHING'AIR PANEL WE CERTIFY THAT THE AIR BURST-Jr BREATHING AIR PANEL IS DESIGNED AND BUILT TO COMPLY WITH CFR 23 1910.134 AND TO MONITOR FOR GRADE "D" AIR IN ACCORDANCE WITH THE COMPRESSED CAS ASSOCIATION SPECIFICATION G-N .1-1939. THE AIR BURST-Jr BREATHING AIR PANEL WHEN USED IN CONJUNCTION WITH A WELL MAINTAINED BPEATH7NG AIR COMPRESSOR WITH SUFFICIENT CAPACITY IS CERTIFIED TO COMPLY WITH THE COMPRESSED GAS ASSOCIATION GRADE "D'` AIR SPECIFICATION G-7.1-1939. Ken Hondo, Vice-President Critical Engineering RAM 0001839 ( Critical Systems DMSAJNO C fC*. 'OlSTRi[S x Houston. Texas CRITICAL SHOWER PORTABLE SHOWER FEATURES: 'Slid* Up Telescope Assembly `One Piece Aluminum Construction Automatic Water Level Sensor Easy Access Male Garden Hose Fittings `Shower Drain with 100 Micron Filter Bag `Side Flaps of Durable. High Quality. Opaque. 12 oz.Vinyl "Complete with Shower Fixtures. Hot and Cold Water Hook Up SPECIFICATIONS : ' Dimensions : Assembled : 30 1/4" x 30 1/4" x 83" Collapsed : 30 1/4' x 30 1/4" x 38 3/4" Weight : 100 lbs. Flow Rate : 2 gpm Fittings : Cold Water 3/4 mght Hot Water 3/4 mght Drain 3/4 mght Water Level Sensor 3/16 o.o. shank RAM 0001840 The critical difference. CERTIFICATION OF COMPLIANCE CRITICAL SHOWER WE CERTIFY THAT THE CRITICAL SHOV.'ER IS DESIGNED AND BUILT TO COMPLY WITH FEDERAL REGULATION CFR 29 1510.141 (d) f 3) . Ken Kondo, Vice President Critical Engineering RAM 0001841 Easi-Air'___________________ _________________ 33$ : 7200S ! Dual Cartridge : Half-Mask Respirator Facepiece -- Silicone NIOSH/MSHA Approved -j Not*: Please refer to enclosed East-Air Instruction Booklet for usage guide approval labels and product limitations. Important: Cartridge and Filter Retainers are NOT Included with this facepiece. Please check selection guide or enclosed instruction booklet for proper Retainers. SmS-08731smaiwiedium Facepiece RAM 0001842  Snao clamps hold head securely to tank Automatic liquid or foam shut-off. Optional wet conversion features perfo rated polyethylene screen to prevent aeons from reaching fitters .(Liquid snut-off assembly is optional with wet/dry filter.) Seamless, molded linear, polyethylene tank ..non-corrosive 8" semi-pneumatic rear wheels and front swivel casters Cord strain relief 3-wire grounded Hako's Five-Stage Filtration System puts more protection between your operator and hazardous wastes. Each 15 and 20 gallon Hako Asbestos Vacuum is equipped with a disposable collector bag. inside plastic bag liner, disposable filter protector, cloth filter bag, impact pre-fitter and H.E.PA. filter A total of 5 filter media for dry recovery and 4 filter media for wet recovery Red light alerts operator to change or clean filters. RAM 0001843 30ASB Bacpac Asbestos Vacuum The ideal asbestos vacuum for hard-to-reach areas. Goes where you go, on your back with all the quality features of Pullman/Holt 's standard asbestos vacuums. Features: 50 ft, 3 wire safety cord with in-line switch enabling operator to work large areas Molded plastic, lightweight Bacpac frame with wide strap ping for maximum comfort and ease of cleaning. Equipped yvith HEFA filter pro viding 99.97% efficiency at .3 microns DOT method, for safe, efficient asbestos deanup. Moleskin doth filter and paper filter bag combined with the HEFA filter gives the added protection of triple filtration. Heavy gauge steel tank with baked enamel finish makes the unit corrosion resistant for long life. Top-fill design insures maximum bag capacity. Equipment comes with 15 ft crush-proof hose dusting tool. Specifications: Product Code: B160000 2-stage, I HP Air-Thru Motor, 7.2 Amps. 85" waterlift. 101 CFM with .12 bu recovery capacity. Overall height 20.5"; Diameter 9"; Weight 18 lbs. Warranty: Motor I year, Parts 90 days. PULLMANHOLT 10770 N. 46th Street Tampa, Florida 33617 (813) 971-2223 RAM 0001844 Haim Minuteman X839 Series Vacuums... The safe choice for hazardous cleaning jobs. The polyethylene tank adds an extra measure of safety. When you're handling hazardous wastes, safety is of paramount importance That's why Hako has developed a poly ethylene tank in 15 and 20 gallon sizes for use with its X839 Senes Vacuums. This new polyethylene tank has a unique design that lets the operator handle high-nsk cleaning tasks with greater speed, efficiency and safety. And its noncorrosive and dent-proof, so you can rely on it for years of dependable service. Of course, you can still get our X839 Senes Vacuums with a stainless steel or painted tank, if that's what suits your needs. Outstanding features make Hako the industry leader. Three separate vacuum motor assem blies are matched to six tanks, so you can order the exact unit to fit your needs Waterlift of 85." 105" and 130" Efficient filter system features a self cleaning doth filter bag that is flametreated and elastiazed to eliminate dust buildup To select the Minuteman that's perfect for your needs, choose from the following tank/vacuum motor assembly combinations: Select the correct vacuum motor assembly... i i With these six tanks... Model #85: 85" waterlift (max. dosed orifice), 95 CFM, 17,500 rpm, 2-stage tan, minimum 1.0 h.p input 105" waterlift (max. dosed orifice), 115 CFM, 17,500 rpm, 2-stage tan, minimum 2.3 h.p input. 130" waterlift (max. dosed onfice). 100 CFM. 17,500 rpm, 3-stage tan. minimum 2.3 h.p input 20 gallon polyethylene Hako Minuteman Asbestos Vacuums are easy and economical to use. Wet/Dry Asbestos Vac., a versatile unit all 15, 20. 30 & 55 gallon vacuums have wet/dry recovery capabilities with optional 1:1 adapter and water shut-off 30/55 Gallon Asbestos Vac...each unit is equipped with a painted tank, dolly cart and handle for easy maneuverability. Use a disposable 30 or 55 gallon drum to save laoor and avoid renandting toxic materials The polyethylene tanks are covered by a full 7 year warranty and all other machines and components with a 2 year warranty RAM 0001845 OPERATING INSTRUCTIONS & PARTS MANUAL SPEEDAIRE AIRLESS PAINT SPRAYER MODEL 4Z242D READ INSTRUCTIONS CAREFULLY BEFORE ATTEMPTING TO INSTALL, OPERATE, OR SERVICE THE SPEEDAIRE AIRLESS PAINT SPRAYER. FAILURE TO COMPLY WITH INSTRUCTIONS COULD RESULT IN PERSONAL INJURY AND/OR PROPERTY DAMAGE! RETAIN INSTRUCTIONS FOR FUTURE REFERENCE. IMPORTANT: IF ANY PROBLEMS ARE EN COUNTERED WITH THE SPEEDAIRE AIRLESS PAINT SPRAYER. PLEASE CALL THE AIRLESS HOT LINE TOLL FREE 1-800-626-4401 (IN OHIO, CALL (513) 367-1182 COLLECT). Figure 1 Description The Speedaire airless paint sprayer is designed to operate on 115 AC electric power. It utflizes a hydraulic pumping action which builds pressures up to 2500 PSI and atomizes the paint to a fine mist As a result, the large amount of over-spray associated with air spray methods is reduced with the airless sprayer. Sprays latex, enamel, lacquer paints, varnishes and stains. An adjustable tip is supplied with this unit. Specifications Motor.............. TotaSy enclosed, tan cooled (TEFC) 1/2 hp, 115v, 60 Hz Spray rate ............................1/3 Gallon per minute Tip ......................... Adjustable orifice 0.009-0.019 Weight .....................................................49 Lbs. Spray pattern..............Adjustable from 2* 12* wide Unpacking When unpacking the unit, inspect carefuly for any damage that may have occurred during transit. IN117S02AV (Rav. B) LIMITED WARRANTY QATTON NMCrr-MT UftVTB WUUNTY. temoOtoo often oOri orayot. Moo* ^77470 ii wqrrqr--d by Dayton Docute Mfg. Co. (Dayton) to mo ongrta too* agtoto dofocfr to wcrtmantoto or mdortai undor norma us lor 00 acvi OHr date of ptrcharo. Any part which It ootorrmod by Dayton to bo aofocnw n nMU or euinuOb end rotuonod to an adhon*od tmeftee ioco*cr\. cb Dayton angran dmm coca propdd. tibi.oiM ooolwvo fomoOy. miawd or roqoood d Dotton't epoon for iron o worgoy aeon procoex/i too PBOMTft DBPOWnQN botow. IbbbTtoodwaro'VydvaapkrchaMnKTocJf'iod toga egrto wrtchwy tom Mo to tod*. UMmnON OF UAflUTV. 1e * Mrt doeotb undor opcdcffito low. Dayton1 Iabftty for concoguottod and nebtorod oanopoi msxnm, ascanro Ooyron'sbattoyndotortoCbionJio, and manor >w:ocHhopacfnaocnco pod IftBWfTY (MKIAMOL Dayton has mod* a <*gorrt oftart to Busvat* end droafeo too product to ft* Portfcso ocoiditr hawovor. suen unonors end d--gtoPons aro tor too sqm puporo ot Idm dfkitoa i aid do nor eoen or rroy o wuruoy toot too product o morcharftaro. or lb a poicuo pupew or met too product wd pwcitoJ>i ccntorm to too itooaBoni or u---rtph.i . fapoptqi proddodbotow.no s^aruoygdl(toTUon or toct.acyoid or imc*d or otter tun co dotod to 1MT5D WARRANTY* odoyo rraao or aumoreoo by Ooyton PtOOUCT MttMJVY. Merry data and >;w;ifos hoo cooos aid rogaafionj ggumriQ eta. condnjeton robdetoon. anevar too of products for coman p*jporot.wracnmor wry from ncoonnoiqnpomqaoca. who Dayton owonrrti to anoo ltd Jb pofluco corruty wtoi jcn oodot it carrot guaaitoo comptaioo.cndcanofbomtocndbtolorhowtoo product a rebdedenood. BWare pucrao end too of o product, pmom routow too product eroconcn end nawna qid toed codto aid foguWtorm. end boicro mot mo prooucr.nmaoon, end too wl comply won tom Cortoinopocb to ttodamon go not oppfcxfcto to oormmor preduett g . <o) romp data do not cdow too --auion or brdedon of roosnia a oonsoguoroq darapot. lo tooctoooo btotobon or oodttoan may net appty to you CP) aso. mo dtdot do not edoswbtoKtoani on hawtong an imptod warrerty corooauwniv too aaowo MKtoon my nof my to you (tod (ej by tow. dump no Doooa of mo Urrdod toowniy. oy totodod wantoQos of nwcnawaoiiy or bno* for o dct fcxbr puporo cpptcabto to coroanor produces pueforod tw oorwxrron may nor bo OMOuaod a otoorwf dociomoQ. MOMFf (MFCUnON. Dayton wd rrao o good fdto often far prerroi octt+ojor otoor iv^etnwa imrosoct to OTy product when onywtto do oofoctoo too i brood wwfy for cny product oroonod to bo aotocno wrrr smn*o worerdy, ft* wta or cd doctor from wnom product wapi/amod. Doctor w (T*o odetiond eboeftoro. 9 \natta to mronro tatftoctody. wnto to Conor ot addoa botaw. 0*ng dsdof'i nano. oooms. doto end nartoor of aooor t rworoo.aiddnatotoOfttondvrooftoodofoct. Tito aidnotof ion dob re an aotoory so common carta I productwai damaged noadfto you. fsooesm wbioatof Uanutaeturad for Dayton Bactrlc Mfg. Co., 595# W. Howard SL, Chicago, II 8064J RAM 0001846 ( Critical Systems OMSK* V :*iTOk HOUSES *K Houston Texas MACH LITE i NEGATIVE PRESSURE SYSTEM FEATURES: 'High Gloss Gel-Coated Molded Fiberglass Construction - Light Weight - Impact Resistant - Easy To Clean 'Four 3-1/2" Dia. Swivel Casters with Two Locking 'Stackable 'HEPA Fail Safe Switch 'Four Easy Lift Handles 'Cumulative Hour Meter 'Static Pressure Gauge '14 ' Dia. Discharge `Optional Intake Adaptor Available SPECIFICATIONS : 'Air Volume : 1850 cfm 'Dimensions : 41" L x 32 1/2" H x 30" W Weight: 170 lbs. 'Motor: 1 Hp - Thermally Protected 'Power : 115 Volt / Single Phase / 60 Hz 'Full Load Amps : 12.3 Amps @115 Volts Circuit Protection : 15 Amp Circuit Breaker 'Filters : 24" x 24" x 1" Primary 24" x 24" x 2" Secondary 24" x 24" x 11-1/2" HEPA RAM 0001847 ( The critical difference. CERTIFICATION OF COMPLIANCE MACH LITE NEGATIVE PRESSURE SYSTEM WE CERTIFY THAT THE MACH LITE NEGATIVE PRESSURE SYSTEM IS BUILT TC COMPLY WITH THE ANSI ZR.2-1979 STANDARDS. FURTHER, THE HEPA FILTERS SUPPLIED BY OUR AUTHORIZED DISTRIBUTORS HAVE BEEN GUARANTEED BY THE RESPECTIVE MANUFACTURER TO BE CAPA3LE OF 95.97% FILTRATION OF ALL PARTICLES .3 MICRON OR LARGER. THE NEGATIVE PRESSURE SYSTEM ALSO IS IN ACCORDANCE WITH THE EPA GUIDANCE DOCUMENT, EPA 560/5-35-024, "GUIDANCE FOR FIR^BLE ASBESTOS CONTAINING MATERIALS IN BUILDINGS" APPENDIX J. Ken Hondo, vice President Critical Engineering RAM 0001848 \ Critical.Systems * division r* c xa. so.s'3`S **c Houston. Texas Vtt* 3 vv MINI WATER WATER FILTRATION SYSTEM FEATURES . High Quality Water Filtration Impervious to Rust and Corrosion `Level Control Engages at 6.75" Water Level and Disengages at 1 5` `Mounted on Impact Resistant ABS Plattorm with 3' Casters `Two Stage Filtration : 1 st stage : 20 Micron 2nd stage : 5 Micron ACTUATOR SPECIFICATIONS : Platform : 30`L * 30"W Height: 38* Weight: 55 lbs. Dry Motor : 1/3 Hp - Thermally Protected Power : 110 Volts / 60 Hz Full Load Amps : 6 Amps Flow Capacity : 17 gpm @ 8.5 psi Water Connections : Garden Hose Thread FEATURES: Simple Plug-m Alternate Level Control Device Readily Adapts Mim-Water `Optional Level Control Actuator Engages at 2.5` and Disengages at 1` ol Water Level (Adjustable) SPECIFICATIONS : Dimensions : 8` L x 8` H x 4` W Weight: 2 lbs. Power Supply : 110 Volts / 60 Hz RAM 0001849 (( Critical Systems WVtSiO*i O' ClT'CJk iHDlV'ES nc Houston Texas MICRO WATER SHOWER WATER FILTRATION SYSTEM FEATURES : 'Compact Version ot the Mini Water System High Quality Shower Water Filtration Impervious to Rust and Corrosion 'Enclosed in a Stainless Steel Cabinet 'Lightweight & Mobile 'Self Pnming to 10 Feet ol Suction Lift Built-in Electric Level Control Actuator Actuator Engages at 2.5' and Disengages at 1' of Water Level (Adjustable) `Pressure Gauges on Each Stage 'Two Stage Filtration . 1 st stage 20 Micron 2nd stage : 5 Micron SPECIFICATIONS : 'Dimensions : 10 1/2" D x 16 1/2'W x 18' H 'Weight: 32 lbs. Dry 'Water Connections : Garden Hose Thread 'Motor: 1/12 Hp Thermally Protected Power : 115 Volts / 60 Hz Full Load Amps : 1.75 Amps Flow Capacity : 5.5 gpm @ 3 psi 4.7 gpm @ 8 psi RAM 0001850 0 Sswufi^'-'.r-'" v '-^ wtm .md pH /y&m / *<*% i.al % ' i Haifa s iw * ;. I :;. v>- i ' -.-k'v! i .' -VO <V "'<'^3^fl5 ..W ' 'f:i' Hako Minuteman X839 Series Asbestos Vacuum Systems Now featuring another Hako innovation: A rugged polyethylene tank. RAM 0001851 I CerTane Liquid Topcoat Is a unique polymer system designed to completely spray back and lock down any asbestos fibers that might remain on the treated surface following removal. As a latex based formula, Topcoat effectively binds and cements the asbestos fibers, quickly drying Into an elastic surface resistant to Impact and degradation. This surface provides long life performance, and when heated, converts to a unique ceramic barrier that resists fire and heat up to 2000* F. And Liquid Topcoat Is safer, lower In cost and easier to use than other Industry products: Makes the Job Easy: Liquid Topcoat is easily sprayed onto any ceiling, beam orsurface using converv tional airless spray equipment The product isel is tinted yellow lor easy inspection. We've even color coded Topcoat's bucket and label lor easy identification. Makes the Job Safe: Topcoat's unique non-toxic formula makes the Welker's Job easy and safe, since it doesn't cause eye or skin irritation, is non-toxic to oral ingestion, and has virtually no odor. And alter the job is done. Topcoat's ceramic lire proof layer provides added protection against the dangers of fire. Makes the Job Cost-Effective: Topcoat is designed lor Lower Total Use Cost - Savings in both product and tabor. Because ol Topcoat's exceptionally high coverage (our high solids content gives a greater dry film thickness), less product is needed for the job. And a one coat application saves time and labor. For All Asbestos Jobs: CertHed Technologies introduces the 1-2 Punch, a comprehensive package specifically engineered lor effective asbestos removal. Step One is Liquid Raincoat, a penetrating surfactant designed for wet removal. Raincoat deeply penetrates and soaks the asbestos ftoers tor safe and complete removal, and is effective on a wide range of mineral surfaces. Step Two, post removal treatment using Liquid Topcoat, completes the removal process. in addition to products tor effective removal. Certified Technologies also has non-toxic, fire resistant products for asbestos encapsulation: For Encapsulation: For Removal: Overcoat 2000 Undercoat 2050 Mastlcoat 3000 Raincoat 2075 Topcoat 1000 Bridging Encapsulate Compound tor Asbestos Penetrating Encapsulate tor Friable Asbestos High Viscosity Encapsulate for Boilers and Pipes Penetrating Surfactant for Asbestos Removal Formula for Post-Removal Spray-back/Lock down RAM 0001852 Advantages Non-toxic. Easy to apply without dripping or sagging. Single application. Economical: Topcoat# high solids content yields greater coverage and dry film thickness. Forms smooth elastic seal. Dries overnight. Minimal odor. Impact resistant. Resists lira to 2000* F. Long Me. Pat. #4,702.661. Use Instructions Application For post removal treatment: to bind any residual fbers on the abated surface and on the polyethylene sheeting o( the containment area: Use airless piston type spray equipment with tip size .023- 031 in. (for example. Grace Ultra 1000 Electronic Sprayer). Stir thoroughly. Appty CerTane Topcoat at a rate ot ISO to 250 square feet per gallon. Use more product tor rough or absorbent surfaces. A 5 mil wet application yields approximately a 2 mi dry film thickness. Apply a second coat i needed. Topcoat dries to the touch in 2 hours. Technical Properties (Typical) Form: Liquid (thixotropic) Weight/Gallon: 9.5 bs/gaSon SolMe Content: 38.9% Odor: Minimal Freeze Point: 32* F Coverage: 200 sq. It at 3 ml thickness Fir* Retardant Properties: A Class `A* rating by Factory Mutual Research (or flame spread and smoke generation is 25 or under Topcoat received 5 flame spreatVS smoke generation, ASTM E-64 test (equal to UL 723). Noo-Toxlefty: Tox Monitor Report No. 85-262: Rated non-toxic to oral Ingestion. Important Information Storage: Up to one year. Protect bom freezing. Store between 3S* and 110* F. First Aid: In case of eye contact, immed&taly flush with plenty of cool, tunning water. If swallowed, do not induce vomiting. Rinse mouth; then immediately drink 1 to 2 large glasses ot water. Contact a physician. Clean-up: Use soapy water. Clean immediately to prevent drying. Warning: Do not apply Topcoat to metal surfaces that exceed 212* F. Coot surfaces below the boiling point of water before application. Caution: Use protective eyewear. Avoid breathing mist. Afcvays abide by EPA regulations e.g. EPA-560OPTS-86-001 September 1986 'A Guide to Respira tory Protection tor the Asbestos Abatement industry* when using this product RAM 0001853 Section V -- Reactivity Data b(4Dh(y OrauO* Coresaons 10 Add Sue* X Keep from freezing. incoiTtoatitXlity (Alllfniii to O^conwuoon or Byproducts Ha24rOOU3 Porymenzauon May Ocog we noi Oca* Conoaow to Awort None known. X Section VI -- Health Hazard Data Rouietsi 01 Entry. mnaaoon? stun? Inhalation and ingestion. Meann Hazards (Acuta and C/rrcnc) None to mild irritation of the eyes, W*9esuon? slightly irritating to the skin. Acute oral LD50 greater than 5 gm/kg body weight. Carcinogemcrry None k, nowNnTT." lARC Monogram? OSHA Regulated? Signs ana Symptoms o< Expaeu* None to minimal irritation of eyes, slightly skin. Acute oral LD50 greater than 5 gm/kg body weight.________ Meocal Condaions Generay Aggravated by Expoaura None known. irritating to Emergency and Fn Ad Praoeoures Washed exposed areas with soap and water immediately. Flush eyes With water for 15 minutes. Avoid breathing mists. Section VII -- Precautions tor Sale Handling and Use__________________________________ Steps to Be Taken m Case Maena Is or Spaed Use absorbant material or scoop to pick up bulk spills. Flush final traces with water. waste Disposal Metnoo Piace in suitable container for disposal, according to local, state and federal regulations for water based coatings. Precamcns to Be Taken m Handkng and Sk>mg ____________________________ Keep from freezing. Keep container sealed when not in use. Omer Precautions Section VIII -- Control Measures Resovaiory Projection (Soecey Type; TC-21C-249 type vcruiiaiion Local EmauB Mecnancal /General) Cf-n-i precautions as per normal latex paint spravinn activitir Omar Protective G*Or* L3t6X Eye Proreddn Face g^ig^ or safety goggles One, Protect>ve Ctonwtg or Eouomem Use approved respirators, clothing, etc. when using product for asbestos encapsulation. ------------------------------- worR/Hygienic Practices Follow all applicable OSHA/NIOSH/EPA, etc. regulations concermn asbestos health hazards when using rerTane ?nnn a<; an hriHniitn-------- cncapsuiant. Page 2 . U!cm ....ii.v.im RAM 0001854 66 CerTane2000 Bridging Encapsulant CerTane Liquid Overcoat Is a unique polymer system designed to completely coat and bridge asbestos containing surfaces. As a latex based formula. Overcoat effectively binds and cements the asbestos fibers, quickly drying Into an elastic surface resistant to Impact and degradation. Along with Its asbestos encapsulation properties, this surface when heated converts to a unique ceramic barrier that resists fire and heat up to 2000* F. And Liquid Overcoat Is safer, lower in cost and easier to use than other Industry products: Makes the Job Easy: liquid Overcoat is easily sprayed onto any ceSng, beam or surface using conventional airless spray equipment. The product UseN can be tinted in the field orfactory in more than 600 colors. We've even color coded Overcoat's bucket and label for easy identification. Makes the Job Safe: Overcoat's unique norvtoxic formula makes the worker's job sate, since it doesn't cause eye or skin irritation, is non-toxic to oral ingestion, and has virtualy no odor. And after the job is done. Overcoat's ceramic fire proof layer provides added protection against the dangers of fire. Makes the Job Cost-Effective: Encapsulation, where appropriate, significantly reduces the cost of eliminating the asbestos hazard. Overcoat is designed lor Lower Total Use Cost - Savings in both product and labor. Because of Overcoats exceptionafy high coverage (our high solids content gives a greater dry film thickness), less product is needed for the job. And a one coat application saves time and labor. For All Asbestos Jobs: Because each asbestos situation unique, caterer* products and methods are needed. Liquid Overcoat Is one In a fanWy of products specifically designed and engineered to (it particular asbestos problems. The comprehensive CerTane line accomodates ait applications: For Encapsulation: For Removal: Overcoat 2000 Bridging Encapsulant Compound for Asbestos Undercoat 2050 Penetrating Enc^sulant tor Friable Asbestos Masticoat 3000 High Viscosity Encapsulant tor Boilers and Pipes Raincoat 2075 Penetrating Surfactant tor Asbestos Removal Topcoat 1000 Formula tor Post-Removal Spray-back/Lock down Certified Technologies Corporation 7404 Washington Avenue South Eden Prairie, MN 55344 (612) 941-5093 RAM 0001855 aienal Safer/ Oata Sheet dc used io comoty "<n CSha ; Hazara Commurucation Slancarc ra CFS 1910.1200. Sianoara must ae csnsuilec lor specific reauiremems. h ____________________ _________ CERTAhT 10 00 U.S. Department of Labor Occupational Safety ano H^aitn Aomintitration (Non-Mandatory Form I Form Aooroved om0 No. i;i8-qot: ott: Sian* -rum am not oerrrmc. : iny *tj *5 not icokoc*. or no tvcrrruoon a 0*. f* soaae mus 0# m*r"eo to nocj'e Section 1 Miouiacyref s Name Certified Technoiocies Corttoration -^aiess (Numoor. Simt. Cry. Sum. tna ZIP Csc| 7404 Washinoton Avenue South Minneapolis, Minnesota 5S344 . 6mer9nc/ Ttconor> Numotf IRini 436-B2S0 or ffP21 Tewonan* Nimoer lor yuormauon m-4noi n- fnoot Oat* Pr*oar*o 4th Mav 1987 Slgnaur* o< Prcsarw taouantt) oi'-onno IVI-'OO' Section II -- Hazardous Ingredients/Identify Information Haaareous Gomoonenu rSoecfc Cwmtcal loenuev; Common Nam<jl) CSHA PS. This formulation contains no heavv metals. ACSH TLV Ctnm un>u Feccmmencea Mi tc:?or-i/' None in reportable concentrations per OSHA 1910.1700 Section ill -- Physical/Chemicai Characteristics Sc^rtg P&nt Greater than 212* vooof Pressure (mm H.) NA ViBOf 0*A4itY (AJR 1) NA F Soeetic Grivey (H;0 - i) Mning Pan Evaoorauon Ran fBuryt ACM!# - 1) Soo<iy m water Dispersible ^ooevance ano Ccor White viscous liouid latex oaint odor Section IV Fire and Explosion Hi-nn Oata Fujin Porn iMtvtoa UVMI None rU/nmiod umm unqu<s.*wig MfCd NA torc-u F* F\qru**Q Pro'ec^es Uouiuai ft anc -xo^i*on rui2sca Nope known. 1.09 NA NA US'- NA u'_ * *A RAM 0001856 Advantages Norvtoxic. Easy to apply without dripping or sagging. Single application. Economical: Topooafs high aoSds content yields greater coverage and dry film thickness. Forms smooth elastic seal. Ones overnight. Minimal odor. Impact resistant. Resists Are to 2000* F. Long We. Pat. *4,702,861. Use Instructions Application For post removal treatment: to bind any residual fibers on the abated surface and on the polyethylene sheeting of the containment area: Use airless piston type spray equipment with tip size 023- 031 in. (lor example. Graco USra 1000 Electronic Sprayer). Stir thoroughly. Apply CerTana Topcoat at a rate of 150 to 250 square leet per gallon. Use more product tor rough or absorbent surfaces. A 5 mil wet application yields approximately a 2 mil dry film thickness. Apply a second coat if needed. Topcoat dries to the touch m2 hours. Technical Properties (Typical) Form: Liquid (thixotropic) Weight/Gallon: 9.5 fos/gaSon Solids Content: 38.9% Odor Minimal Freeze Point: 32* F Coverage: 200 sq. ft at 3 ml thickness Fire Retardant Properties: A Class *A* rating by Factory Mutual Research for flame spread and smoke generation is 25 or under Topcoat received 5 flame Sjjreai#5 smoke generation, ASTM E-84 test (equal to Non-Toxlctty: Tox Monitor Report No. 85-262: Rated non-toxic to oral Ingestwn. Important Information Storage: Up to one year. Protect from freezing. Store between 35*and 110*F. First AM: in case of eye oontact, ImmedUtety flush with plenty of cool, running water. M swalowed, do not induce vomiting. Rinse mouth; then irrvnecRateiy drink i to 2 targe glasses of water. Contact a physician. Clean-up: Use soapy water. Clean immedtately to prevent drying. Warning: Do not apply Topcoat to metal surfaces that exceed 212* F. Cool surfaces below the boiling point of water before application. Caution: Use protective eyewear. Avoid breathing mist. Afcrays abide by EPA regulations e.g. EPA-560OPTS-86-OOl September 1986 *A Guide to Respira tory Protection tor the Asbestos Abatement industry* when using this product RAM 0001857 CerTane 2075 Penetrating Surfactant CerTane Liquid Raincoat is a deep penetrant that completely soaks hazardous asbestos fibers for their safe and effective removal. Because It wets a wide range of mineral surfaces. Raincoat works on even the most difficult removal jobs. Including amoslte. Raincoat's highly concentrated formula deeply penetrates, actually breaking down the surface tension of the fibers In order to thoroughly soak them. And not only Is It more effective, Liquid Raincoat is safer, lower In cost and easier to use than other Industry products: Makes the Job Easier: Liquid Raincoat Is easily sprayed onto any ceiSng, beam or surface using con ventional airless spray equipment. Our five gaflon container comes with a convenient spout, and Raincoat itsetf is tinted blue so M's easy to dilute and identity. Raincoat's highly concentrated formula is also easy to prepare: One gallon ol Raincoat yields f 25 gallons ot penetrating surfactant We've even color coded Raincoats bucket and label lor easy identification. Makes the Job Safer: Asbestos removal, using past technology, has been both hazardous and costly. Certified Technologies is addressing these problems, with products specifically designed and engineered to reduce the danger and cost involved m removaL In Its (fluted form, Liquid Raincoat has an almost neutral pH factor. Makes the Job Cost-Effective: CerTane Raincoat is designed for Lower Total Use Cost, giving you savings in both product and labor. Because of Raincoat's effectiveness (engineered to lower the fiber count, keeping the asbestos containing matertai wetter tor a longer period of time), less product Is needed. For All Asbestos Jobs: Certlied Technologies introduces the 1-2 Punch, a comprehensive package specifically designed tor effective asbestos removaL Step One, wet removal using Liquid Raincoat, is followed by Step Two. post removal encapsulation. Liquid Topcoat effectively seals down any residual fibers that might remain on the surface. Topcoat Is non-toxicand easy to apply, colorcoded yellowforeasy inspection, and provides a fire proof layer that shields against the dangers of fire to over 2000* F. In addition to products tor effective removal, Certified Technologies also has non-toxic, fire resistant products for at types of encapsulation jobs: For Encapsulation: For Removal: Ovarcoat 2000 Undarcoat 2050 Mastlcoat 3000 Raincoat 2075 Topcoat 1000 Bridging Encapsulate Compound for Asbestos Penetrating Encapsulate for Friable Asbestos High Viscosity Encapsulate lor Boilers and Pipes Penetrating Surfactant for Asbestos Removal Formula lor Post-Removal Spray-back/Lock down Certified Technologies Corporation 7404 Washington Avenue South Eden Prairie, MN 55344 (612) 941-5093 RAM 0001858 f CerTane 2075 Penetrating Surfactant Advantages Economical: Because ol Raincoat's effectiveness, less product is needed tor the job. Effective: Raincoat deeply penetrates and prevents water from evaporating, thereby keeping the material wetter for a longer penod of time. Safer. Neatly neutral pH factor in prepared surfactant form. Single application, easy to apply. Highly concentrated, easy to prepare. Tinted blue for easy dilution and identificatioa Use Instructions Application Forwet removal of cementitious and other sprayed* or troweled-on asbestos fireproofing and insulation: Mix one gallon ol CerTane Raincoat Into 125 gafions of water. Use more Raincoat in hard water areas. Apply the prepared mixture with a medbm to fine spray nozzle, unfit It has thoroughly penetrated to the substrate and saturated the asbestos containing material. Mix Ratio: l fluid oz. Raincoat to 1 gallon water. Once saturated, the asbestos can be removed using methods in accordance with EPA guidelnes. Do not alow the asbestos containing material to dry out during any stage of the removal process. Fofiowing removal, the treated surface should be coated w<h a spray-back/tockdown encapsuiant such as CerTane Topcoat which effectively binds and seals any residual asbestos fibers. Technical Properties (Typical) Form: Liquid Welght/Galton: 6.5 bs/gaton Odor: Minimal Freeze Point: 32* F Concentration: One gallon ol Raincoat concen trate yields 125 galons ol prepared surfactant. Coverage: Depends on the density and absorbency of asbestos containing material. Important Information Storage: Up to one year. Protect from freezing. Store between 35* and 110* F. First Aid: Immediately flush skin with plenty ol cool, running water. Continue flushing tor at least 15 minutes, in case of eye contact, immediately flush with cool water. If swallowed, do not Induce vomiting. Rinse mouth; then immediately drink 1 to 2 large glasses of water. Contact a physician. Warning: Avoid oontact with skin and eyes. Wear a protective face shield or safety goggles and rubber gloves. Avoid breathing mist. Always abide by EPA regulations e.g. EPA-560-OPTS-86-001 September 1986 *A Guide to Respiratory Protection tor the Asbestos Abatement industry* when using this product. Certified Technologies Corporation 7404 Washington Avenue South Eden Prairie, MN 55344 (612) 941-5093 RAM 0001859 <( R031-01 Material Safety Data Sheet May M used to comcry '"n OSHA s Hazard Gommuncanon Standard. 29 CFW 1910.1200. Standard mu* 0 consuaad lor soacifc reouaements. u.S. Department of Labor Occuoationat Salary and Mainn AominnitJiiiin (Mon-Mandatory Pooni Form A0oro**d OM8 No. 1218-0072 Xr. \Cv^ " loernirr (a* ua*o i taow ana urn CerTane 2075 Raincoat Nam Qiarm piqm on not oarrrmoa 3 jm vn a not or no r*t*rrmaan a +Nmom r* me* must z* manma to nocjv na< Section 1 uwamw Nam Certified Technologies Corporation a lam (Ntmoar. (Treat Cay. Sat ana ZJP Coat* 7404 Washinqton Avenue South Minneapolis, MN 55344 Crrmytnct Tmacmna Nammt (612) 436-8250 or Tlapnona Nunctr tor inaormauon (612) 941-5093 nr Oaa Paono November 3, 1987 Sipaw* st IMapf fop*anal) (612) f00t 942-9009 iVt-mai Section II -- Hazardous mgradlents/ldenttty Information HraWOMi Corxaonam Oxnaol mmy, Common Nemo) Orm uma OSHA PS.NCOS* TLVWauommanoad______________H woaunaO Orqano phosphoric acid eater. (Anionic Surfactant!_______________________________ Nonionic Surfactant - Weir eye prntPrHnn CerTrw* 7075 i * hinrixjr^Hahle. Section ill -- PtrysrcaVCMermcal Characteristics Scene Pom SoaeOc Grevey (HyO 1) Greater than 390* F vapor Pi mine imm ng.i Mowg Pan Not vol atile. vapor 0*ay lAiP . i) Evaooraoon Kara __________ Not vol atile.___ (8ury< AeraM - n So*aary <n <vw Completely *ooaarnr ana Oaar Almost colorless liquid; faintly aromatic odor. 1.06 NA Nor vn 1atile -__ Section IV -- Fire and Szplosion Hazard Oata Plan Pan iiiamoo umoi Above 500 F PWnmaoe urn* Not determined. lL NA UEL NA 'junguvw'q iiiai ______________ Foam, dry chemical, c^-bon dioxide, water spray or mist.__________ Soacqi f'< Fignuno Pnxaoufn Use water spray or mist to cool fire exposed containers. Use pressure-demand , self contained air mask and full protective clothin 9- L/nuau sno .tattMon RAM 0001860 eeltoo V -- Reactivity Data HA&taTy onsuott onaoore 10 MO Suow X None known. ncomo4l0iilr tO Strong oxidizers and_reducino agents, bases and reactive metal*; uirooui Oacomoosaon or Bydroom* m(*Y produce explosive hydrogen gas and toxic nilie___f Diner;__ at__ h i nh for lUVOOU1 3o*yTranzjccn May Occur 10 AvO0 incomp* lete we Na Occw X None known. phospnoric combustion Section VI -- Health Hazard Data Route*) 01 trvy wnumn? _____________ Inhalation and ingestion. Stan? Hay cause severe irritation of eve tissues on contact. Prolonged contact with soaked in clothing may cause severe fna crime__irrtitinn nf t ihr*rirteastipoirnatoorfy_thtreacstk. inQn._t.VnhaSploarslinn Expected to cause gastrointestinal irritation from contact on ingestion. Cartanooeay HTF? MRC Mdna9plw7 OSHA ftapeMd? S*jru and Synopma ol Euxmn Gcncnay Agyi an t>r tD0KV None known. e-negtaicy ano Rm PtdMcurw fcagh e^es with large amounts of water, wash contaminated skin with soap and water. Get into fresh air and give artificial respiration if hra.fhim; find cropped. r>n ingestion DO MOT induce vomiting. Section Vll -- Precautions tor Sate Handling and Use Siaoa 8* [<an r, Caaa Maau' is Strip 1 ha ks and for aisoosal. f?Kft a;h. Prevent or Staaad SP from entering sewers Scoop material i rto container neutralize with lime or soda lakes, streams or p ihlic water__ supplies. wasa Otaooaai laadidd __________________ Dispose of material in accordance with all local, state or federal regulations. R'acamm* id Sa Taaan tianmng and Star; Omar Precaution* Users of this product are uroed to confirm that their operating, storage and distribution facilities comply with the OSHA standard (29 CPR 1910.1047). Section VIII -- Control Measures Rnovaiory Praacaon fSoacry T,pa/ Use NIOSH approved respirator for organic vapor or mist. vent ration tocta Einartai Open windows, doors. etc. SMOta Mamancai rSenarw; Osar Proiacir** Go*** Protective impervious gloves. Chemical goggles. Ouvf Praeciiva Clovang or cduomani Appropriate protective clothing. WorVHy^fMC PtWC\CTt Wash with soap and water before eating, drinking or smoking . ,.r. en .* -- i . M/kU M RAM 0001861 ASBESTOS CONTROL TEAT, RATE SHEET CLASS DESCRIPTION VGRIER'S TEC FICA STD PAY 0T PAY COMP COST COSTS ' COSTS RATE/HR RATE/HR. .1493 .0217 .0765 A-l SUPERINTENDENT 18.00 A-2 FOREMAN 15.00 A-4 INSULATOR/ABATER 13.00 A-5 INSULATOR 15.00 27.00 22.50 19.50 22.50 2.69 2.24 1.94 2.24 .39 1.38 .33 1.15 .28 .99 .33 1.15 FUTA GL'UKB OVERHEAD PROFIT COST INS. COST COST COST .0080 .0840 .0650 .0550 .14 1.51 1.17 .99 .12 1.26 .98 .83 .10 1.09 .85 .72 .12 1.26 .98 .83 STD. or BILLING BILLING RATE RATE 26.27 21.91 18.97 21.91 37.94 31.60 27.38 31.60 M <-\J ' iXl( A :7 f-t ______--------- --z--------------------- n.fa \0.%o 9./o A,/ L.oo It lb.10 1.06 ulo M 1 ni d l .H a!> .S3 \.U 10 __ *4L_ -dL.. . i on\ .. . 1 0 [ oo SI .<n. 1L ,e So .n .*jo iHl' XL.26 if USo 119S / 2.-27 IS.4Z %.~]L t$i& (VfC-o- tyt ol^ fn RAM 0001862 Asbestos Control Team (A.C.T.) 6618 Hunt Drive Corpus Christi, TX 78413 f Corpus Christi, TX (512) 988*0087 ROX (512)992-8449 24 Hour Emergtney Soviet ASBESTOS CONTROL TEAM PATE SHEET CLASS DESCRIPTION WORKER'S TEC STD PAY OT PAY COMP COST COSTS RATE/HR. RATE/HR. .1493 ,0217 FICA COSTS .0765 FUTA COST .0080 GI/UMB OVERHEAD PROFIT INS. COST COST COST .0840 .0650 .0550 STD. 0T BILLING BILLING RATE RATE SUPERINTENDENT 18.00 `-2 FOREMAN 15.00 A-4 INSULATOR/ABATER 13.00 A-5 INSULATOR 15.00 27.00 22.50 19.50 22.50 2.69 2.24 1.94 2.24 .39 1.38 .14 1.51 1.17 .99 26.27 37.94 .33 1.15 .12 1.26 .98 .83 21.91 31.60 .28 .99 .10 1.09 .85 .72 18.97 27.38 .33 1.15 .12 1.26 .98 .83 21.91 31.60 RAM 0001863 [ ASBESTOS CONTROL TEAM EMPLOYEE CLASSIFICATION/RATE SHEET NUMBER EMPLOYEE 101 ALANIZ. PRECILIANO 102 ALCALA. SAM 103 CERRITOS. GUADALUPE 104 MATA. JESUS JR. 105 MATA. JESUS SR. 106 MEDINA. CARLOS 107 OLVERA. JOSE LUIS 108 ALCALA. BRUNO 109 BERLANGA. FRED 1 10 GALVAN. CARLOS CLASSIF A-4 A-2 A-4 A-4 A-4 A-5 A-4 A-l A-4 RAM 0001864 Asbestos Control Team (A.C.T.) 6618 Hunt Drive Corpm Christi, TX 78413 ASBESTOS CONTROL TEAM EQUIPMENT PATES Corpus Christi, TX (512) 992-0087 FW (512)992-BW9 24 Hour Emergency Service CLASS DESCRIPTION ae: AE2 AE3 AE4 AES AE6 AE"' AE8 AE AE 10 AE1 1 AEl 2 AE 1 3 AEl 4 AE15 AEl 6 PICKUP C #65. #86. #250) 1-3 TON TRUCKS AIR MONITORING CASSETTES SAFETY SHOWEP VACUUM MOBILE DECONTAMINATION FACILITY FULL FACE AIR PURIFYING RESPIRATOR PORTABLE 3 GAL MIST SPRAYER TYPE C BREATHING AIR SYSTEM HEPA FILTERED VACUUM CLEANER PERSONAL AIR MONITORING PUMP FULL FACE RESPIRATOR WITH REGULATOR FOR TYPE C AIR 2000 CFM NEGATIVE AIR UNIT BACKUP CFM NEGATIVE AIR UNIT 175 CFM AIR COMPRESSOR DAILY RATE 40.00 49.00 425.00 18.00 40.00 10.00 90.00 3.75 1.50 30.00 20.00 35.00 6.00 8.50 2.90 32.50 RAM 0001865 Asbestos Control Team (A.C.T.) 6613-Hunt Drive Corpus Christi, TX 78413 EXHIBIT D t Corpus Christi, TX (512) 992-0087 FAX (512) 992-8449 24 Hour Emergency Struict Mr. Eppi Gonzalez c/o Coastal States Refinery Corpus Christ!, Texas REGULAR HOURLY RATES: Superintendent G-10 Foreman G- 4 Mechanic G-I Mechanic G-II Helper-Mechanic G-III g1 ^ iO ^ /5- $18.00 $16.80 $15.20 $12.90 $ 8.40 OVERTIME: Superintendent Foreman Mechanic Mechanic Helper-Mechanic $27.00 $25.20 $22.80 $19.35 $12.60 EQUIPMENT DAILY RATE: Truck GE-1 Safety Shower GE-2 Vacuum GE-3 Full Face Air Purifying Respirator Type "C" Positive Pressure 02 Pressure Demand full-face respirator with regulator Mobile Decontamination Facility 2000 CFM Negative Air Unit Operating Back-up 175 CFM Air Compressor Portable 3-gallon mist sprayer Type "C" Breathing Air System; Includes CO Monitor, Low pressure alarm. Power failure alarm. LC6 Manifold for 8 workers, shell Tube act cooler, High Pressure Manifold and regulator for back-up system of Grade D bottled breathing air $.28TtJ0 Dw**y $40.00 Daily $10.00 Daily $ 3.75 Daily $ 6.00 Dally $90.00 Daily $ 8.50 Dally $ 2.90 Daily $32.50 Daily $ 1.50 Daily $30.00 Daily D-l RAM 0001866 ( Hepa With filtered vacuum cleaner attachments U2930 GS-80 GS-82 GS-83 $12.50 $15.00 $20.00 $32.50 Daily Daily Daily Daily All handling of materials will billed at cost plus 10% handlina. Small too 1s-expendab1es will be billed at 5% of total payrol1 . Overhead will be 5% of invoice direct costs. Profit will be 15% of amount of invoices. D-2 RAM 0001867 INTER-CORPORATE CORRESPONDENCE November 25, 1991 TO: Eppy Gonzales SUBSIDIARY: CRMI DEPT: Adm PROM: Hazel R. Hoffman SUBSIDIARY: C. S. Mgmt. Corp. DEPT: Ref./Mktg. Legal SUBJECT: Asbestos Control Team Contract Please note the changes we have made to Item #16 and Exhibit "A". Also note that the Insurance Certificates and related correspondence are made part of Exhibit "B" and the pages numbered to show that they are a part of the contract. HRH/afr Enel RAM 0001868 ENTER-CORPORATE CORRESPONDENCE November 25, 1991 TO: Bob Card SUBSIDIARY: C. S. Mgmt. Corp. DEPT: Risk Management FROM: Hazel R. Hoffman SUBSIDIARY: C. S. Mgmt. Corp. DEPT: Ref./Mktg. Legal SUBJECT: Asbestos Control Team contract Please review, approve, if appropriate, and return to Eppy Gonzales at Corpus. Thanks! HRH/afr Enel. RAM 0001869 t INTER-CORPORATE CORRESPONDENCE DATE: December 2, 1991 SUBJECT: Asbestos Control Team Contract TO: Eppy Gonzales FROM: Bob Card I have approved the attached contract subject to one minor change. On Exhibit "B", you should add the following wording in the paragraph which is just above "SAFETY REQUIREMENTS": "Asbestos Abatement Liability shall be provided subject to the provisions in sub-paragraphs (b) and (d) above. Such coverage may be included in the above policies, or provided for under separate cover." The contractor does have this coverage so this will not present any problem for him to comply. I have marked Exhibit "B" with a note showing the insertion of the wording suggested. If you have any questions, please feel free to call me on extension 6943. Thanks. RAM 0001870