Document YjON69MOB5eLveZpe3QqkDBKE

BrownerRoot,Inc Post Office Box Three, Houston, Texas 77001 June 23, 1976 H. H. Robertson Company 2627 North Loop West, Suite 221 Houston, Texas 77008 Re: Subcontract No. 31*-1232-0l67 Furnish and Install Siding Exxon Chemical Co. Baytown, Texas Gentlemen: We enclose herewith one fully executed copy of Subcontract Number 3^-1232-0167 dated February 13, 1976 for your permanent file. TOurs very truly, BROWN & ROOT, INC. J. M. Franki Subcontracts Manager Procurement Division JMF/RBK/bc Enclosure '\ bcc: W. B. Stuessy (w/original attached) D. H. Dodd (2 v/2 copies attached) R. M. Fitzgerald, Jr. D. M. Delaitsch V. L. Sponenberg F. T. Philips (Exxon) J. F. Tracy EXX 011352 BROWN & ROOT, INC. SUBCONTRACT Job Numbers Subcontract IS Compound and Finishing Expansion-Phase I (Project) Furnish and Install Protected Metal SldinH (Sublet Work) 1 BROWN & ROOT, INC. Form P-50 1-76 SUBCONTRACT Job Number34-1232Subcontract Xn 34-1232-0167 Compound and Finishing Expansion-Phase I (Project) Furnish and .nstall Protected Mstal siding (Sublet Work) 2-13-76 (Effective Date) THIS SUBCONTRACT, by and between BROWN & ROOT, INC., a Texas Corporation, P. O. BOX 3, HOUSTON, TEXAS 77001, "GENERAL CONTRACTOR" and, H. H. ROBERTSON COMPANY a______ Corporation_______under laws nf Pennsylvania (Corporation. Proprietorship. Partnership) (State) Telephone (713) 861-9248 whose address is 2627 North Loop West-Suite 221 f Houston, Texas 77nflfl, "SUBCONTRACTOR," whose contractor's license number under laws of xxxxxxxxxxxxxxxxxxxxxxyyy is xxxxxxxxxxxxxxxxxxyyxxxxx entered into as of the EFFECTIVE DATE stated above, WITNESSETH: In consideration of the mutual promises herein contained General Contractor and Subcontractor agree, promise, and obligate themselves as follows: 1. Subcontractor promises to perform the Sublet Work for the Project in accordance with the Contract Documents. 2. General Contractor promises to pay Subcontractor, for full, accurate and timely performance of the Sublet Work in accordance herewith, the Price and other payments, and promises to perform all of the other obligations of General Contractor, as set forth in the Contract Documents. 3. The Contract Documents constituting this Subcontract consist of: a. "Subcontract Terms" and exhibits thereto. b. "Special Conditions" and exhibits thereto. c. "General Conditions" d. e. f. Page 1 of 2 EXX 011354 7/J J'te Form P-50 1-76 Subcontract Mo 34-1232-0167 The foregoing constitutes the entire contract, and supersede at! prior proposals, negotiations, agreements, awards, letter of intent and written or oral statements, representations or agreements. 4. The Effective Date set forth above is the date as to which all Contract Documents and provisions thereof have reference for purposes of coordination of their meaning and effect. The price rt ates to the Sublet Work as described in drawings, speci fications and other Contract Documents in their condition on that datt Changes after the effective date will be dealt with in accordance with the provision for changes. Any work commenced and any payments made pursuant to an Award or Letter of Intent prior to the execution hereof shall be deemed to have been done and paid after the Effective Date under the terms of this Subcontract. GENERAL CONTRACTOR: BROWN & ROOT, INC. UeWon, President /Procurement Divisio: Wr*--7b> SUBCONTRACTOR: H. H. Robertson Conpany Title: rne MGR-CONTRACTS Date: JUN 1 0 1976 Page 2 of 2 ex* 01135s ;;'' "'"v.' ~v!-.. A "'A. , V *4. . ' ,'w y-.-A. ''' ' " - '- - 1 'AJ'v.-.i-Okf'-OAy :n-'-0fei'0ni'f.k-r`&-A ::- t* i ;* * f4 -H ^ , . t '* >. i i ** * v^ 'H" -.-AA1" 'f aO-X: -/'r'v.-AV;^i,v.v>J,.' - J ,a:V,,`fv' \ /'.vAvy"*. *> ^ '' A> a * .... .. .....................................*...*.... .r.....-.i.,K.J.. <T * k ^ "** V ' V ^^ 3* *< * t ^f i ^; * V a' 7 d-f'/sV^y * ^ Jr^:l?-t ,, . i V*. / H X * w* ="^ ^ t ,'~;uV% 4 ^ 't * " `,v * ^ ^ V '1 * < ,1 ^j* v'. '' ` j' s . '' <s. <.......* , . T-r-; "';r ^-' ": '-';Vrr?j) vr; l ;; : 7 /% '<y-x': i' i .. ,.!V. .: 1 , x6 ', / ? ' ' ,' ,,? * Aw f. f,*. ,r ( > - r. . - *.'. -*j. ' . /`V .." r * w^4ri i't^ (/ rO" V %< V > N` >, - -V1 * ^ r .... - T, J<, V.< /V! yTVs^jlV, . * 1 %*' 3* ......... . .:<u... ;. -/`Vr J X|:ll -i i- >, i;W, ** 1 ' **' /"t v ^ ^ t -#-X,*1. ,^ **V*.4 j <" * rtH .....^t..i.`4,% 1 *.1r ) . V > *t - rt-T-^ v* t s' t ?OL -* ,,v '?*% -'1 f' i a ' < *'h ~* * . ' > >-X r /. x io \ . X> V 4 ( vV`v o''.-X;^vX':'a:X^'0;oX: Si's- X. yX'^EXXleu356 -" V G ^ 'o*';` " - " l- '' - '0 \i-> .--`7 ?-7r/Oi. * j-* '<` v^'XV*'^- V.';'X^t'rv:.- '-X. 'V-?,*7^- 'r-t-i/'Vr/%X %.< o \-\y: o'1..i-'-.^^Sr"7fe'X^^(tXX:>^7X;; ,. } ,.- ... .-. ^vj', .'<,'Xj'r 1 , .J v.'.:' BROWN & ROOT, INC. SUBCONTRACT TERMS EXXON CHEMICAL COMPANY, U.S.A. 1. Sublet Work The Sublet Work, in general, is to furnish and install pro tected metal siding for the Exxon Chemical Company Compound and Finishing Expansion-Phase I, at Baytown, Texas as part of the "Project," which is more fully described in the Special Conditions, Paragraph 1. More specifically. Subcontractor agrees to perform the Sublet Work which consists of furnish ing all labor, materials, tools, equipment, supervision and all other things necessary to perform this Sublet Work for the Project. The Sublet Work must be performed in strict ac cordance with the Project Drawings and Specifications, iden tified herein and all other provisions of the Subcontract Documents. 2. Subcontract Specifications The Sublet Work shall be performed m accordance with the following specifications: 2.1 Arch.-Spec-7, Protected Metal Siding, Division 7, Section 7A, dated 2 20-76 2.2 Standard Clauses C- I, C-2, C-19 3. Subcontract Drawings The Sublet Work shall be performed in accordance with the following drawings: Drawing No. Rev. Drawing No. Rev. 51-35-462 2 51-35-453 3 51-35-491 0 51-35-454 3 51-35-485 0 51-35-455 1 51-35-486 0 51-35-456 3 53-35-487 0 51-35-457 2 53-35-488 0 51-35-458 3 51-35-465 1 51-35-459 2 -1- EXX 011357 Drawing No. 51-35-466 Rev. 2 Drawing No. 51-35-460 Rev. 3 51-35-467 1 51-35-461 3 51-35-468 1 51-35-463 3 51-35-469 1 51-35-464 3 51-35-450 2 51-35-495 1 51-35-451 4 51-35-496 1 51-35-452 4 51-35-497 1 4. Time of Performance Subcontractor shall commence the Sublet Work immediately upon Notice of Award and instructions to proceed. Subcontractor shall complete the Sublet Work for building 571 on or before September 15, 1976, and complete building 573 on or before November 1, 1976, which is the last date on which the Sublet Work may be completed without interference with the schedule of performance of the work of others to complete the Project on time. 5. Subcontract Price General Contractor agrees to pay Subcontractor for complete satisfactory and timely performance of the Sublet Work strict ly in accordance with the Drawings, Specifications and re quirements of all the Subcontract Documents, the following firm lump sum: 5.1 Firm Lump Sum Price which includes all applicable sales/ use taxes shall be: ONE HUNDRED EIGHT THOUSAND SIX HUNDRED TEN AND NO/IOQ ^ (words) Dollars $ 108,610.00J (figures) 5.2 Return trips for work stoppages requiring removal and return of men and equipment will be invoiced as follows: EIGHT HUNDRED AND NQ/100 Dollars (words) $ 300.00 (figures) -2- EXX 011358 5.3, Unit prices listed below shall apply for any additional penetrations added and shall apply only while panels are being erected at that immediate area. If penetrations are added after panels are erected an additional charge for scaffolding and rerigging must be added to the pene tration unit price. This charge shall be an accumulation of Subcontractor's actual costs, plus 25% to cover over head and 10% for profit. Penetrations in walls includes cutting and flashing. The type of flashing included is 20 guage Galbestos #1760 White or #4570 Light Gray. The following firm unit prices are for uninsulated sheeting for structural, handrail and/or ladder support type penetrations. Sizes Total Unit Price 2" TO 12" $55.00/EA. 13" TO 21" $77.00/EA. 22" TO 36" $112.00/EA. Rectangular openings $13.50/L.F. 5.4 Payment and Performance Bonds In the event, General Contractor requires Subcontractor to furnish Payment and Performance Bonds, General Con tractor shall reimburse Subcontractor the premium cost in the amount of: FIVE HUNDRED FORTY THREE AND NQ/100 Dollars (words) % $ 543.00 (figures) If required, Subcontractor shall furnish said bonds in individual documents and also invoice separately for each document. 6. Payment Subcontractor will be paid the firm lump sum price in monthly progress payments in proportion to the value of the Sublet Work performed during the preceding month, less 10% of such value as retainage until final completion and acceptance of the Sublet Work by the General Contractor. Subcontractor -3- EXX 01i3sg shall prepare and submit an invoice for the proposed monthly progress payments with supporting documents and proof of payment of all bills for labor and materials, for approval by General Contractor and when approved, payment shall be made within 30 days; thereafter final payment and release of retainage shall be made when the Sublet Work has been satis factorily completed and accepted and Subcontractor has sub mitted an affidavit in form prescribed by General Contractor providing proof of payment of all bills for labor and materials and a satisfactory release of all claims against General Con tractor and Owner. 6.1 Subcontractor shall submit three (3) copies of invoices for payment to; Project Manager P. 0. Box 3836 Baytown, Texas 77521 7. Changes Additions or Deductions for the price payable for change will be computed in accordance with the Subcontractor's Change Orders issued by the General Contractor pursuant to General Conditions, Paragraph 12. 8. Facilities and/or Services Furnished by General Contractor '8.1 Single-phase, 110 volt, 60 cycle power for small tools, including outlets within 100 feet of work areas and work levels. -8.2 Safety barricades, nets, or perimeter protection, if re quired. 8.3 General Contractor's on-site representative will sign extra work orders as proof of time involved and as au thorization for billing by Subcontractor. '8.4 Erection of gravel stops, their notched closures, or their fasteners. -8.5 Erection of roof deck. 8.6 Removal or modification of any existing material. .8.7 Cutting, flashing, and reinforcing of unframed openings or penetrations for other trades. -4- EXX 011360 9. Additional Facilities and/or Services Furnished by Subcontractor 9.1 Pricing as contained in Paragraph 5 herein is based upon a normal 8-hour day and 40-hour week. No overtime is includ ed. '9.2 Subcontractor shall furnish all necessary safety protection required for its personnel. 9.3 Removal and clean-up from the site of all Subcontractor's debris or scrap. '9.4 Wall cleaning will be a dry wipe of panels at time of installation. SPECIAL CONDITIONS /! 1 >'- SPECIAL CONDITIONS PHASE I PROJECT AT THE BAYTOWN CHEMICAL PLANT DESCRIPTION OF PROJECT The project, as a whole, is the construction of the Baytown Chemical Plant (Plant) located, in Baytown, Texas for Exxon Chemical Company, U.S.A. (Owner),. SALES/USE TAX Subcontractor shall include all Texas State and local sales/ use taxes in his proposal. SAFETY, CLEANLINESS AND SANITATION The following provisions supplement Article 8 of the General Con ditions: A. Subcontractor shall be responsible for safety related to and during the prosecution of work on Owner's property to protect work, workers, the'public and all other people. Owner's property and the property of third parties. B. Subcontractor shall observe and comply with all safety and health standards.promulgated by the Secretary of Labor under Section 107 of the Contract Work Hours and Standards Act, published in 29 CFR Part 1518 and adopted by the Secretary of Labor as Occupational Safety and ' Health Standards under the Williams-Steiger Occupational Safety and Health Act of 1970. Such Safety and Health Standards shall apply to all lower tier subcontractors and their employees as well as to the Subcontractor and its employees. C. Subcontractor shall comply and obtain compliance by lower tier subcontractors, with Owner's publication en titled, "Contractor.1 s Responsibilities for Safety, Plant Protection, and Traffic Regulations", latest edi tion, a copy of which is attached hereto as Exhibit. A and made a part hereof. DELAYS The following provision hereby supplements Article 9 of the Genera Conditions: No extension of time shall be granted Subcontractor because of: EXX 011363 a. late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences, or b. late performance by a subcontractor caused by a shortage of supervisors or labor, inefficiencies,, or similar occurrences unless the delay arises out of a FORCE MAJEURE occurrence (an oc currence other than described in paragraphs a and b above) and is beyond both Subcontractor's and lower tier subcontractor's or sup plier's control and an alternate acceptable source of services, equipment or materials is unavailable. WORKMEN AND EMPLOYMENT PRACTICES The following provisions supplement Article 13 of the General Conditions: A. Subcontractor is aware of and is fully informed of sub contractor's responsibilities under Executive Order 11246 and shall file compliance reports as required by Section 203 of Executive Order 11246 and otherwise comply with the requirements of such order. B. Subcontractor shall be bound by and agrees to the follow ing provisions as contained in Section 202 of Executive Order 11246, to wit: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that em ployees are treated during employment, without re gard to their race, color, religion, sex, or na tional origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina tion; rates of pay or other forms of compensation, and selection for training, including apprentice ship. The Contractor agrees to post in conspicu ous places, available to employees and applicants for employment,, notices to be provided by the con tracting officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will in all solicitations or adver tisements for employees placed by or on behalf of the Contractor, state that all qualified appli cants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Exx 011364 (3) The Contractor will send to each labor union or representative of workers with which he has a col lective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contrac tor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employ ment. (4) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and re ports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, re cords, and accounts by the contracting agency and the Secretary of Labor for purposes of investiga tion to ascertain compliance with such rules, re gulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this con tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contrac tor may be declared inelegible for further Govern ment contracts in accordance with procedures au thorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise , provided by law. (7) The Contractor will include the provisions of Para graphs (1) through (7) in every subcontract or pur chase order unless exempted by rules, regulations' or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Con tractor will take such action with respect to any subcontract or purchase order s the contracting agency may direct as a means of enforcing such pro visions including sanctions for non-compliance: EXX 011365 Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litiga tion with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. C. Subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or pro vide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. Subcontractor agrees that a breach of this certification ' is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parkinr lots, drinking fountains, re creation or entertainment areas, transportation and hous ing facilities provided for employees which are segregat ed by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, be cause of habit, local customs or otherwise. He further agrees that (except where he has obtained identical certifications from proposed lower tier subcontractors for specific time periods) he will obtain identical cer tifications from proposed lower tier subcontractors prior to the award of sub-subcontracts exceeding $10,000 . which are not exempt from the provisions of Equal Oppor tunity Clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed lower tier subcontractors (ex cept where the proposed lower tier subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF RE QUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES. A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order on Elimination of Segregated Facilities, by the Secretary of Labor (32 Fed. Reg. 7439, May 19, 1967), must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. The. cer tification may be submitted either for each subcontract or for all subcontracts during a period (e.g., quarterly, EXX 011366 semiannually, or annually). (1968 MAR.) Note: The penalty for making false statements in offers is prescrib ed in 18 U.S.C. 1001). Requirement for Employment of the Handicapped as written below. This clause applies to all nonexempt subcontracts which ex ceed $2,500 as follows: (1) Part A applies to subcontracts which provide for performance in less than 90 days, (2) Part A and B apply to subcontracts which provide for performance in 90 days or more and the amount of the subcontract is less than $500,000, and (3) Parts A, B, and C apply to subcontracts which provide for performance in 90 days or more and the amount of the subcontract is $500,000 or more. PART A (a) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee. or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped in dividuals without discrimination based upon their physi cal or mental handicap in all employment practices such as the following: employment, upgrading, demotior or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensa tion, and selection for training, including apprentice ship. (b) The Contractor agrees that, if a handicapped individual files a complaint with the Contractor that he is not complying with the requirements of the Act, he will (1) investigate the complaint and take appropriate action consistent with the requirements of 20 CFR 741.29 and (2) maintain on file for three years, the record regard ing the complaint and the actions taken. (c) The Contractor agrees that, if a handicapped individual files a complaint with the Department of Labor that he has not complied with the requirements of the Act, (1) he will cooperate with the Department in its investiga tion of the complaint, and (2) he will provide all per tinent information regarding his employment practices with respect to the handicapped. (d) The Contractor agrees to comply with the rules and regu lations of the Secretary of Labor in 20 CFT Ch VI, Part 741. EXX 011367 (e) In the event of the Contractor's noncompliance with the requirements of this clause, the contract may be termi nated or suspended in whole or in part. (f) This clause shall be included in all subcontracts over $2,500. PART B (g) The Contractor agrees (1) to establish an affirmative action program, including appropriate procedures con sistent with the guidelines and rules of the Secretary of Lai or, which will provide the affirmative action re garding the employment and advancement of the handi capped required by P.L. 93-112, (2) to publish the pro gram in his employee's or personnel handbook or other wise distribute a copy to all personnel, (3) to review his program on or before March 31 of each year and to make such changes as may be appropriate, and (4) to de signate one of his principal officials to be responsi ble for the establishment and operation of the program. (h) The Contractor agrees to permit the examination by ap propriate contracting agency officials or the Assistant Secretary for Employment Standards of his designee, of pertinent books, documents, papers and records concern ing his employment and advancement of the handicapped. (i) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Assistant Secretary for Employment Standards, provided by the contracting officer stating contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment and the rights and reme dies available. (j) The Contractor will notify each labor union or repre sentative of workers with which he has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act, and is committed t6 take affirmative action to employ and advance in em ployment physically and mentally handicapped individ uals. E*X 01136a PART r (k) The Contractor agrees to submit a copy of his affirma tive action program to the Assistant Secretary for Employment Standards within 90 days after the award to him of a contract or subcontract. (l) The Contractor agrees to submit a summary report to the Assistant Secretary for Employment Standards, by March 31 of each year during performance of the Contract, and by March 31 of the year following completion of the contract, in the form prescribed by the Assistant Secretary, cover ing employment and complaint experience, accommodations made and all s ;eps taken to effectuate and carry out the commitments set forth in the affirmative action program. E. Subcontractor shall comply, and secure compliance by its lower tier subcontractors, with the requirements of Fair Labor Standards Act of 1938, as amended. F. Field employees of subcontractor and its lower tier subcontrac tors engaged in the performance of sublet work on Owner's property shall be governed by the following provision: i. Compensation rates for employees up through craft fore men level shall not exceed prevailing rates for the area where work is performed, and policies relative to fringe benefits shall not be more liberal than prevailing prac tices. Before Subcontractor or any lower tier subcon tractor commences any field operations. Subcontractor shall have obtained Owner's approval of its proposed salary and wage ranges and fringe benefits, by job classi fications, for such employees. No changes shall be made in said salary and wage ranges and fringe benefits with out General Contractor's prior approval it being under stood that Subcontractor normally adjusts salaries, salary and wage ranges and wages annually. ,ii. If requested by General Contractor, Subcontractor shall furnish General Contractor with name and addresses of its lower tier subcontractors, field employees of Subcontrac tor or its lower tier subcontractors, or others who have performed or are performing work under subcontract. LAWS The following provision hereby supplements Article 30 of the General Conditions: Subcontractor shall defend, indemnify and hold harmless General Contractor and/or Owner from any liability or penalty which may be imposed on General Contractor and/or Owner by reason of any alleged violation or violation of Law by Subcontractor or its' EXX 011369 sub-subcontractors and also from all claims, suits or proceedings that may bo brought against General Contractor and/or Owner aris ing under, growing out of, or by reason of work witli respect to such alleged violation or violation of Law whether brought by em ployees of Subcontractor or its sub-subcontractors, by third par ties or by any governmental authority. 7. PATENTS AND PROPRIETARY RIGHTS " '" I The following provision supplements Article 25 of the General Con ditions: Subcontractor agrees to abide by and to obtain acceptance of the following patents hold-harmless p -ovision by all lower tier sub contractors and vendors: "Except and to the extent that items purchased herein are made to the design, specifications or instructions of Exxon Chemical Company, U.S.A., an operating division of Exxon Chemical Company, a division of Exxon Corporation (herein referred to as Exxon Chemical Company, U.S.A.), seller shall indemnify and hold harmless purchaser and Exxon Chemical Company, U.S.A., their successors, assignees,, vendees, and users of said items from and against any and all claims, demands, losses, costs and liabilities arising out of or resulting from the actual or alleged infringement of any rights under patents or any litigation based thereon." 8. TECHNICAL INFORMATION a. Subcontractor shall hold in confidence and not divulge to third parties or use in any way other than for accomplishing sublet work, any technical information disclosed, directly or indirectly, to Subcontractor by General Contractor and/or Owner or its affiliates in regard to sublet work, including any changes or suggested changes with respect to sublet work or any processes, process data or'correlations or any draw ings or designs showing the equipment, devices and machinery in which and by which the processing is to be performed or carried out, which are provided by General Contractor and/or Owner or its affiliates, or are prepared for General Contrac tor and/or Owner by Subcontractor, without General Contractor^ and/or Owner's prior approval so long as and to the extent that such information is not in the public domain, or was not prior to receipt from General Contractor and/or Owner or an affiliate of Owner already in the possession of Subcontractor, or is not received by Subcontractor, after receipt from General Contractor and/or Owner or its affiliates, from a third party who docs not require Subcontractor to hold it in confidence and who did not acquire such information directly or indirect ly, from General Contractor and/or Owner or its affiliates. For the purpose of the provisions of this paragraph, disclo- EXX 011370 sures relating to sublot work which are specific, e.g., as to equipment, products or operating conditions, shall not be deemed to be in the public domain or in the prior possession of Subcontractor merely because they, or individual features thereof, are embraced by general disclosures in the public domain or are in the possession of Subcontractor, unless the combination itself and its principle of operation are in the public domain or in the possession of Subcontractor. b. Nothing contained herein shall prevent Subcontractor from using information it can show was lawfully disclosed to it in writing by a third party who did not acquire it, direct ly or indirectly, from General Contractor and/or Owner or its affiliates in accordance with the terms under which such information is disclosed to Subcontract r by said third party. c. In the event Subcontractor files a patent application in which any of the technical information provided to Subcon tractor by General Contractor and/or Owner or by any sub sidiary or affiliate of Owner is disclosed, Subcontractor agrees to provide General Contractor with a copy of such application. If such application includes technical in formation which General Contractor and/or Owner or its affiliates consider proprietary, Subcontractor shall not permit the publication in any country of a patent based on such application without General Contractor's and/or Owner's prior approval. SUBCONTRACTOR'S DRAWINGS, SPECIFICATIONS, ETC. All drawings, specifications, requisitions, purchase orders and other pertinent documents, and the designs, concepts and techni cal information contained thereon, prepared by Subcontractor or its lower tier subcontractors pursuant to subcontract may be used by or for General Contractor or Owner or for any subsidiary or affiliate of Exxon Corporation without limitation for: construc tion, operation, modification, revamp, bottleneck removal, repair and maintenance of Plant; replacing any portion of Plant from any source; duplicating any portion of Plant or the entire Plant; or designing or constructing other plants, subject only to the following exception. If certain drawings, specifications, requisitions, purchase orders and other pertinent documents are to be prepared by Subcontractor for General Contractor which contain special design or technical information originating with Subcontractor, which special design or technical information should not be divulged to Subcontractor's competitors. Subcontractor shall give notice to General Contractor and supply a descriptive list of the items placed in this category as a part of said notice. Such special design or technical infor mation shall be incorporated into sublet work only with General EXX 011371 Contractor's prior approval, and when so incorporated. General Contractor's and/or Owner's right to use said special design or. technical information will be limited for a period of seven (7) years from May 7, 1975 unless otherwise expressly permitted in writing by Subcontractor to purposes of construction, operation, modification, revamp, bottleneck removal, repair and maintenance of Plant so long as and to the extent that said special design or technical information is- not in the public domain or was not prior to receipt from Subcontractor already in the possession of General Contractor or Owner or any of its affiliates, or is not received by General Contractor or Owner or its affiliates after receipt from Subcontractor from a third party who did not require such information, directly or indirectly, from Subcontractor. The documents or parts thereof, containing said special design or technical information shall be identified by a special stamp or legend, the wording of which shall be agreed by Subcontractor and General Contractor. 10. INSPECTION AND QUALITY CONTROL The following provision supplements Paragraph 7 of the General Conditions: A. Subcontractor shall be responsible to see that inspecting and testing of the component prrts of work, including its subcontractors' work, required by Law is provided. B. General Contractor shall have the right at all times to inspect, or witness the test of, any part of Sublet Work at any place where equipment or materials are located or in preparation or at work site. Inspection or non-inspec tion, or witnessing or non-witnessing, by General Contractor shall not be construed as acceptance of any part of sublet work nor as relieving subcontractor of its responsibility for said items complying with Job Specification and being free from defects and capable of performing their respec tive functions. C. If Law requires inspection or test of any part of Work at any place where equipment or materials are located or in preparation or at work site, Subcontractor shall advise General Contractor, sufficiently in advance,, of the ar rangements for said inspection or test. D. General Contractor shall have the right to inspect all con struction tools and equipment when they are brought on work site and at any time during the progress of sublet work. If any tool or item of equipment is, in the judgement of General Contractor, unsafe or incapable of doing the work for which it is intended, Subcontractor shall repair or replace it with a safe and capable tool or item of equip ment. The foregoing does not relieve Subcontractor of its responsibility for safety related to construction tools and equipment pursuant to Article 8 - Safety. EXX 911372 11. TITLE TO AND RESPONSIBILITY FOR SUDLF.T WORK ADD MATERIALS The following provision supplements Paragraph 16 of the General Conditions: Subcontractor shall be responsible for and shall make good to the satisfaction of General Contractor, any damage' to, or destruction or loss of, existing structures, and other property belonging to Owner or for which General Contractor and/or Owner are responsi ble arising out of any act or omission of Subcontractor, its offi cers, employees, agents, representatives or lower tier subcontrac tors, without regard to whether any acts or omissions of General Contractor and/or Owner or other parties contributed to the pro perty damage. However, Subcontractor shall not be responsible for any property damage caused by sole negligence of General Con tractor or Owner. 12. CONFIDENTIALITY The following provision supplements Paragraph 28 of the General Conditions: Subcontractor shall not unnecessarily disclose to its lower tier subcontractors and vendors the name or location of Owner. Sub contractor shall also require its sub-subcontractors and vendors . to comply with this requirement. 13. CHANGES The following provision supplements Paragraph 12 of the General Conditions: If, during the prosecution of Sublet Work, Subcontractor believes that any instruction, interpretation or decision received from General Contractor and/or Owner or that any act of General Con tractor and/or Owner or Engineering Contractor affects Subcontrac tor's work and should be treated as a change pursuant to the pro visions of subcontract, then Subcontractor shall give prompt notice to General Contractor prior to proceeding with the sublet work affected. If General Contractor agrees that said instruc tion, interpretation, decision or act requires a change, General Contractor will authorize said change. No change will be authorized by General Contractor if Subcon tractor has proceeded with the work affected by said instruction, interpretation, decision or act prior to giving the aforesaid notice to General Contractor. EXX 011373 14. LIENS The following provision supplements Paragraph 15 of the General Conditions: Subcontractor shall ensure that there is no reservation of owner ship or security interest from suppliers of materials or equip ment to Subcontractor. If unable to fulfill this obligation Subcontractor shall immediately give written notice to General Contractor. 15. GENERAL CONTRACTOR'S AUDIT RIGHTS General Contractor's duly authorized representatives shall have access, at all reasonable times, to all Subcontractor's and lower tier subcontractors' personnel, job descriptions, employment and qualification records, books, records, correspondence, instruc tions, plans, drawings, receipts, vouchers, data stored in computers and memoranda of every description pertaining to sublet work under subcontract for the purpose of auditing and verifying costs' of sublet work or for any other reasonable purpose. General Contrac tor's representatives shall have the right to reproduce any of the aforesaid documents. Subcontractor shall preserve, and shall cause its lower aer subcontractors to, preserve, all the aforesaid docu ments for a period of two years after completion and acceptance or termination of sublet work. 16. CONSTRUCTION TOOLS AND EQUIPMENT If General Contractor requests. Subcontractor shall issue an itemized tool list giving the quantity and description of all construction tools and equipment at Work Site. EXX 011374 c '/uj & IN5TRUCTICN SHEET The following standard clauses are attached and made a part hereof: 8J (C-0) (C-l) 12 (C-2) (C-3) (C-U) (C-6) (C-7) (C-7A) (C-8) (C-8a) (C-9) (C-1C) C (C-ll) (C-12) (C-13) (C-14) (C-15) (C-l6) (c-l8) B (C-19) (C-20) (C-21) (C-25) (C-26) (C-27) (C-28) (C-29) Correspondence Identification Clause Print Clause Case 1 Approval Prints Print Clause Case 1A Approval Prints, Shop Details Print Clause Case 2 Final Prints Only Print Clause Case 2A Final Prints Only, Shop Details Operating Instructions Clause Centrifugal Pump Performance Curves Clause Rotary Pump Performance Curves Clause Nameplate Clause, Standard Nameplate Clause for Machinery Machinery Parts and Operating Instructions Clause Instrument Parts and Operating Instructions Clause Electrical and Miscellaneous Equipment Parts Clause and Operating Instructions Clause Patterns for Castings Clause Case 1 Existing Patterns Patterns for Castings Clause Case 2 New Patterns Price Information Clause Case 1 Inspection Clause Complete Final QPartial (For Definitions Case 2 Inspection Clause Complete Final Partial see next sheet) Weight of Equipment Clause Independent Contractor's and Safety, Plant Protection, and Traffic Clause Design Information on Pressure Vessels Furnished as Parts of Mechanical Tools and Equipment Clause Case Design Clause Flanges and Fittings Clause Payment Withholding Clause Tag Information Clause Restrictive Notes Clause Codes and Standards "Latest Edition" Clause Type of Equip. or Machine Metal Siding Process Unit Plastics Item No. * Eauipnent Nos. Eauipment Driver EXX 011375 lypes of inspection are defined by Esso Engineering's Inspection Depart ment (which will normally perform inspection) as follows: Complete Inspection a. Vendor is contacted by the inspector within two weeks after order is received to: (1) Review requirements of order, using as a guide, the Inspection Manual Section on Preinspection Meetings. (2) Report the above information as a preinspection letter-report. b. Final inspection is performed as required, but not limited to, reviewing radiographs, checking dimensions, workmanship, material certifications, test certifications and witnessing tests. All details shall be entered on specified forms pertaining to material. Cover letter may be required and should be attached with all test data and certifications. Final Inspection Final inspection only is performed as outlined above in Paragraph b. Partial Inspection Partial inspection is made as specified in order. C-15 Case I Inspection Clause (Houston, Texas Inspection Office inspects orders in Texas, Oklahoma, Arkansas, Louisiana, Mississippi, and Southern Kansas). C-l6 Case II Inspection Clause ft (Florham Park, New Jersey Inspection Office inspects orders in all states not listed above.) E*X 011376 plant sits location Plant site is Exxon Chemical Company U.S.A. Baytown Plant, Baytown, Texas (C-0) CORRESPONDENCE IDENTIFICATION CLAUSE You shall identify each copy of all correspondence of every description (including each drawing and each parts and operating instructions bulletin) in connection with this purchase order (or contract) with the following information: Appropriation (or Work Request)132-9968 Purchase Order Number Item Number Equipment Number Process UnitPlastics Manufacturer's Serial Number (Vendor Furnishes) The applicable numbers to be used for identification are listed on the instruction sheet included in the purchase order. EXX 011377 (C-2) PRINT CLAUSE - CASE 1A Required prints or drawings are those (including shop detail drawings) used in the design, fabrication, and assembly of the equipment. These prints or drawings as well as all correspondence pertaining to drawings or approval of them shall be mailed directly to: Brown & Root, Inc., P. 0. 3ox 3j Houston, Texas 77001, Attention: Mr. R. M. Fitzgerald, Jr., Project Engineering Manager. A copy of the letter of transmittal shall be mailed separately to Mr. D. E. Newton, Jr., Director of Purchasing, at the same address, to whom you shall address all correspondence per taining to shipment, invoice, or other particulars. Attention is called to the fact that our approval of the prints, in case design has been made by you, does not relieve you of responsibility as to design, strength, or performance of equipment. Notes or changes recommended by us on approval drawings do not authorize additional charges. Manufacture of equipment shall not start until drawings have been approved by us. You are to furnish to us immediately five (5).prints and one (1) reproducible stamped "For Approval", including shop detail drawings, for approval. Immediately upon receipt of the approved prints and completion of changes, you are to stamp "Certified" and send to us in the following order of preference: (l) the original tracing and five (5) paper prints. (2) an autopositive blackline vellum-silver emulsion and five (5) paper prints, or (3) an autopositive blackline cloth transparency-silver emulsion and five (5) paper prints. SEPIAS ARE NOT ACCEPTABLE on "Certified" draw ings. The following requirements should be adhered to strictly: (a) Maximum size of drawings shall be 2h by 36 inches and all letters and numbers on drawings shall be no smaller than 1/8 inch to comply with microfilming requirements. (b) Duplicates that are submitted in lieu of the original drawing must maintain a ratio of 1:1 from original to duplicate. A minimum of generations should be used in preparation of duplicates. (c) Duplicates and prints must be right reading on emulsion side. (d) Originals, duplicates, and prints must be LEGIBLE AND CLEAR (no back ground ). EXX 01137Q ,e : V-, > i/-ii'Js. *c a ^JV^yr ',A V/-Kit *s > ( V* * { X >i% ? A-i ^ ,* i !U'V,^-."- '-i-' ;; 'f '4 Y X V*r _x vi'"i. in ...it:'v^i rfeA-*.ft'sis 'A'./iM;.' . ^ A1 ,J-'7 * ^ *&.$ ?< ^ ^ ^ * ^ v 1f 3ti'ii- i I -; * ... . .* ~ ~iC,.&. ' * .- A1.-7- ?>=,/-ir,\ A_`V?'v,` - '-r .,' C^.V,- ,,>' .'1 r. "'.: y<V'tV',r 1 '* * *: 'V-: ; -V . .-*.. *' 'r, ({'AiiyPW' t7' Y-.^-!'*::rv-r; /V/Cr\;7-7Yv-,* y V-y;4; ^ - *' < i "` ^ ' 1 /' . ' i' > ., *' Mjfc*''"' ' J r- .: 1 j %V^4r?'* * ^ -';i t .VY vV--: VY ,, ? ? i\ \ -f* ^ ^V> }:-<,v#?*'-^]: *>. v-.^/v-A' i ,,i'; * ^. T%W T ^v<^- 1^, ^^"? ? t I!*71 -- if<m Ve^ttrtM* * vwiht'. % i. r_ - - rSirt 'A W?rvihA > M&A> J\y Aa, * <. .\ ,>./.---v :; fer^, J 4 .' 1 * '-m\ rv? ;v:^ s, *;f| -7.y:$ ;.. Ik;#''- , .'7," ' w^ 1 i- `-4.^ , t ,T > . " ` '_ ,V ' & *I J&"* *Sj-"^i /--*v'in>, ,^ 4 \ -i ' w% i 1f Ma > \X ,^v i-yi-'r':: '.;:''V'!` * *1 X 1 X 4 *'; aS#v^'** - ^V ^ yVi. v _ ^ > '*-J.i/<-VVJf*t jr g ^ ' Xifc- ^ -' >>jp;.-r2y 'v7^K#1lti;;774'7.: . ... V>; ' i.i^-; //^n3iO'7t?^v*V' ;v ;`/ YV^:EXX 011379 . 'i >& <* :v .'^ *'*a-''. JI'fe vf'` ' ?'. '{ ' " i* ; *}, U i K* ' 4 o ''.v i* -;J.v?*.`-'F>4' > A- i':ii .>-, i- \ - -f-x- ' ,: * -j ,J. , ,, ,- V ^ Ir ^ Vi** 1 * "N ,s *n4 ^ k sv^i* ft* * r \ ~.J-'J.'.L - .. -3.' ' ! ^~ ; 'I<- '-1 Y_.v- ,Y^. f.j"V 7' ay.-' ' .- <* >r > r1* . v . `^ j ? - j . ^ i'.i *'' ."'* GENERAL CONDITIONS Form P-SO 1-76 1. INVESTIGATION OF SITE AND PROJECT CONDITIONS Subcontractor represents that he is familiar with the site and the physical conditions, the availability of labor and materials and all other matters at the site or in the vicinity of the site which affects the Sublet Work. Sub contractor represents that he has examined the subcontract document and familiarized himself with the Project, the laws, rules and regulations relating to the Project; the environmental considerations affecting the Project and the Sublet Work; the participants in the Project; and the contractual and regulatory provisions of governmental agencies, the Owner and General Contractor affecting the participants in the Project and the Sublet Work. No allowance will be made to Subcontractor for not having made such examination and review or for requirements with which a reasonable examination, inquiry and review would have disclosed. 2. RESPONSIBILITY a. Subcontractor agrees to perform the Sublet Work in accordance with good construction practices and the plans, specifications and other requirements of this Sub contract. and to furnish all supervision, labor, supplies, tools, construction equipment, facilities, storage, perma nent equipment and materials (except as Owner or Gen eral Contractor specifically agrees herein to furnish) and all other things and services necessary or desirable to perform the Sublet Work. b. Subcontractor shall be responsible for the cor rectness of the positions, levels and dimensions of the Sublet Work, notwithstanding the Subcontractor may have been assisted by the General Contractor or any other Con tractor in setting out the same; and if at any time during the performance of the Sublet Work, any error shall ap pear or arise therein, the Subcontractor shall immediately advise the General Contractor's Site Representative and await instructions for removal and replacement or per formance of corrective work, before proceeding with that portion of the Sublet Work. c. All work which is manifestly necessary to carry out the intent of the drawings and specifications pertaining to the Sublet Work, or which is customarily done in per forming this type of work for the Owner or General Contractor, shall be performed by the Subcontractor as a part of the Sublet Work. 3. COORDINATION OF THE PROJECT General Contractor is charged with the responsibility of accomplishing the work of the entire Project, or a significant portion thereof, in accordance with drawings, specifications, permits, licenses, rules and regulations, laws and ordinances, and requirements of the Owner. The contract price provisions, and the definition of re quirements of the Sublet Work, as of the effective date, are coordinated and identified in the Subcontract Terms. General Contractor is charged with the responsibility of coordinating the efforts of all, or a significant portion of, the participants in the Project, including various sub contractors, specialty service contractors, suppliers, and other workmen, and the direct employees of General Contractor. Subcontractor agrees to perform the Sublet Work as part of the team of participants in the Project in cooperation with all other participants, and subject to all reasonable rules, regulations, and directives of General Contractor (a) for the coordination of the work of all participants, (b) for the maintenance of safety, efficiency, security and good order on the Project as a whole, (c) for compliance with the terms hereof, and (d) for the pro tection of the environment and the rights of the public.4 4. SCHEDULING SUBLET WORK Subcontractor agrees to commence the Sublet Work promptly when directed by General Contractor and to prosecute the Sublet Work diligently to completion. Sub contractor agrees to provide adequate number and types of: (a) laborers, skilled craftsmen and technicians, super visors, administrators, and managers, (b) construction equipment in good condition, (c) materials, permanent equipment, and supplies, except for items specified to be supplied by General Contractor or Owner, to accomplish the work and maintain the Schedule or restore the Sublet Work to the Schedule. Subcontractor shall provide General Contractor a detailed Schedule for performance of the Sublet Work and shall revise and update such Schedule from time to time as the work on the Project , rogresses. The Schedule for the Sublet Work shall be sub ect to re vision or approval by General Contractor to coordinate the Sublet Work with the over-all rate of progress of General Contractor and other participants in the Project as a whole, and to expedite performance of critical items of work on the schedule. General Contractor will schedule and coordinate the use by Subcontractor and others of jointly used facilities, construction equipment, and space, and Subcontractor shall accomodate its Schedule to such shared use. General Contractor will determine the normal working hours for the Project as a whole, and any special working hours for the Sublet Work on a normal shift or overtime basis will be subject to prior approval of General Contractor. 5. INTEGRATION WITH WORK OF OTHERS Subcontractor shall inform itself regarding the nature, condition and state of progress of work of others which affects or connects with the Sublet Work. Before connect ing Sublet Work to work of others, Subcontractor shall ascertain that such work of others is ready, properly aligned, and in suitable condition for such connection and integration with the Sublet Work, and shall report any discrepancies to General Contractor for adjustment prior to proceeding. Subcontractor is not responsible for latent defects in the work of others. 6. ALLOCATION OF FACILITIES General Contractor will designate for use by Sub contractor. entrances, parking areas, storage areas, office and work areas, and such facilities and construction equip ment as General Contractor is to provide. General Contractor will allocate, and schedule the use of, such common facilities and utilities as are provided by General Contractor for use of Subcontractor and other participants in the Project. Temporary interruption of services, utilities and use of facilities are anticipated and shall not justify a claim for additional compensation. 7. INSPECTION AND QUALITY CONTROL The Sublet Work shall be performed to the specified standards of workmanship and strictly in accordance with drawings, specifications, procedures, and other require ments of this Subcontract. General Contractor shall have the right to inspect the Sublet Work and Subcontractor's equipment, tools, records and facilities at all times. No work shall be covered until inspected and released in accordance with established inspection procedures, and any work improperly covered shall be uncovered and exposed by Subcontractor for inspection on request. In spection and approval shall not relieve Subcontractor of the obligation to complete the entire Sublet Work in strict compliance with the requirements of this Subcontract. Any defective Sublet Work shall be discontinued, removed and replaced or corrected in accordance with specifications and directions of General Contractor. Subcontractor shall furnish for the Sublet Work all Quality Assurance and Quality Control documentation, as required by General Contractor for the Project as a whole or for the specific part thereof affected by the Sublet Work. 8. SAFETY, CLEANLINESS AND SANITATION Subcontractor shall comply with all applicable laws, rules and regulations relating to safety. Subcontractor GC-1 EXX 011380 shall comply with all safety standards, rules and regula tions relating to satety, cleanliness and sanitation established by General Contractor for the Project as a whole. Subcontractor shall immediately stop work and take corrective action when directed by General Contractor because of any unsafe condition or practice. Subcontractor shall be responsible for the safety of its workmen and the Sublet Work and shall not create hazards for others or the work of others. Subcontractor shall provide first aid and ambulance facilities for its workmen to the extent suf ficient facilities are not provided for the Project as a whole by General Contractor. General Contractor shall be re sponsible for safety of the Project as a whole. In case of emergency. General Contractor may direct Subcontractor's personnel and resources for the protection of life and property. 9. DELAYS If Subcontractor's performance of the Sublet Work is delaved by Owner's or General Contractor's failure to perform their obligations hereunder, or by orders of the General Contractor delaying or suspending the work, or by changes in the work. Subcontractor shall be entitled to an equitable adjustment in the price and time for per formance in accordance with the provision for Changes in Article 12; but no price adjustment shall be due for delays or inconvenience to Subcontractor from the sched uling and coordination of the Sublet Work with the rate of progress made by all participants in the Project. In the event Subcontractor is delayed by force majeure. Sub contractor shall be entitled to an equitable extension of time but no adjustment in the price: provided, that in adequate manpower or failure of Subcontractor's workmen to prosecute their work because of strikes, boycott, picket- \ or other form of labor dispute shall not be deemed ce majeure unless there is clear and substantia] danger .,i bodilv harm or property damage if the employees undertook to enter the work site and perform their work, as determined by General Contractor or the chief local law enforcement officer. Subcontractor shall notify Gen eral Contractor in writing within 48 hours after the commencement of a delay, if Subcontractor claims an ex tension of time or an adjustment of price because of such delay, or the right to such extension or adjustment shall be waived. 10. SUPPLEMENTING OR TAKING OVER BY GENERAL CONTRACTOR If, after seven (7) days written notice by General Contractor to Subcontractor specifying any deficiency in the Sublet Work or the promptness with which it is being performed, Subcontractor has not promptly commenced to correct, and within a reasonable time corrected, such deficiency to the satisfaction of General Contractor, General Contractor may supplement the work of Sub contractor. or take over performance of the Sublet Work temporarily or completely, with General Contractor's own forces or by contract with others. General Contractor may use all or part of Subcontractor's construction equip ment. tools and facilities at the project site, and any materials, permanent equipment and supplies, in the performance of the Sublet Work, without payment to Subcontractor otherwise than by the extent such use of Subcontractor's items causes a reduction of cost of com pleting the Sublet Work. All costs incurred by General Contractor in performing all or part of the Sublet Work, including a mark-up of 1077 of such cost, shall be deduct ed from the price payable to Subcontractor and if such sum plus all payments previously made to Subcontractor shall exceed the price, Subcontractor shall refund to General Contractor the excess within ten (10) days after submittal of a properly documented invoice. If the price ** on a cost reimbursable basis. Subcontractor will be re- bursed for use of construction equipment at the lowest yplicable rate provided for herein or at prevailing rental rates if no rate is specified, and the cost of Subcontractors materials used. Upon notice from General Contractor to Subcontractor, Subcontractor shall resume and complete the Sublet Work, but this right to supplement or take over the Sublet Work may again be exercised if necessary. Form P-SO 1-76 The determination of General Contractor's project man ager to invoke the provisions of this Article 10 shall be final and conclusive; provided Subcontractor may within said seven day period, appeal to an executive officer designated by the President of General Contractor, whose decision shall be final absent actual fraud, and only the issue of actual fraud shall be subject to arbitration. 11. DEFERMENT OR TERMINATION In the event the Project is deferred or terminated by Owner, or if General Contractor shall elect to defer or terminate the Sublet Work, Subcontractor shall be paid: (1) the price earned for work completed and ac cepted. (2) a proportionate part of the price allocated to the portion of the work partially completed. (3) the reasonable cost incurred by Subcontractor in securing and protecting the work in progress against loss, damage or deterioration, and (4) unamortized mobilization and de mobilization costs; standby costs, cancellation or deferment charges of suppliers: the cost of materials and equipment not sold or disposed of; and other special costs for ter minating or suspending work or preserving the work accomplished and turning it over to General Contractor but (5) no compensation for the portion of the Sublet Work not performed. General Contractor shall notify Subcontractor whether the Sublet work is terminated or deferred to an indefinite or specified date and the deferement shall not exceed six months (or other limits expressed in the Subcontract Terms) without the consent of Subcontractor if deferred, the Sublet Work may there after be terminated and shall be terminated upon expira tion of the maximum period of deferment without notice to resume. Following deferment and notice to resume given by Genera! Contractor to Subcontractor in writing. Subcontractor shall resume the Sublet Work in accordance with the terms hereof with an equitable adjustment in the price, if required, and time of completion, determined as in the case of changes. Subcontractor shall, as directed by General Contractor, secure, safeguard, remove or deliver to General Contractor all material, equipment, supplies, work in progress, and contract rights. 12. CHANGES General Contractor reserves the right to make changes in the Sublet Work or the manner of its performance. No change shall be made by Subcontractor in the Sublet Work or its manner of performance, without prior written instructions from General Contractor, in a written Change Order specifying the change in plans, specifications, pro cedures, time, sequence, or other requirement of this sub contract, and specifying whether there is to be an adjustment in the price or time for performance and how any such adjustment shall be determined. No adjustment in price or time of performance shall be made for changes in arrangement, aesthetics, substitution of equivalent ma terials or equipment or other changes, unless such changes significantly affect Subcontractor's cost of performing the Sublet Work or extend the time that Subcontractor's equipment and forces are required at the project site. An equitable adjustment will be made in price or time. of performance or both, if the change ordered by General Contractor substantially increases the cost to Subcontrac tor of the Sublet Work or the time that Subcontractor's equipment and forces are required at the project site. The method of determining the equitable adjustment shall be specified, and if possible, the price fixed at the time of the issuance of written direction for the change. Unless a lump sum is established by agreement or another method of pricing is established by agreement, General Contractor may direct determination of the equitable adjustment in price, whether an increase or decrease, by any of the following methods: (a) agreed or established fixed unit prices, (b) force account, or (c) cost plus fee. If the force account method is directed by General Con tractor, the force account rates for equipment use, man hour labor rate including payroll burden and markup for overhead and piDfit, with reimbursement of actual cost of materials, as established in the Subcontract terms or by other agreements, shall be used to determine the ad- GC-2 x* 011381 i** <---n /> a ->w justment. It the cost plus fee method is directed by General Contractor the adjustment will be based on the direct cost of the change in the work using the formula established in the Subcontract terms or by other agreement, and in the absence of agreement. Subcontractor shall be paid all actual, direct additional cost incurred, without allocation of home office general and administrative ex pense. plus 10'.; of such costs, and Subcontractor shall maintain and furnish General Contractor accurate and detailed records daily segregating the cost of the change in the Sublet Work. In case of deletion or reduction of the Sublet Work by such change. Subcontractor shall not be entitled to anticipated contribution to home office overhead and profit from any portion of the Sublet Work not performed. 13. WORKMEN AND EMPLOYMENT PRACTICES Subcontractor shall provide competent and adequately trained and skilled personnel. Subcontractor shall, on request, remove from the Project any person found by General Contractor to be incompetent, unsafe, disorderly, unreliable, or unwilling to comply with regulations. Sub contractor shall provide badges, color codes, or other symbols or identification for its employees, tools and equipment, in accordance with the system specified by General Contractor. Subcontractor shall cooperate in security measures for the prevention of theft, pilferage, and waste. Subcontractor shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, age, or for any reason prohibited by law. Subcontractor agrees to par ticipate and cooperate in the implementation of any Affirmative Action Plan for equal employment opportunity adopted for the Project as a whole. To the extent appli cable to the Sublet Work on this Project, Subcontractor shall comply with Executive Order 11246, or any amend ment, replacement or counterpart thereof, and the parties mutually represent that they are familiar with such provisions and agree that a full copy thereof may be incorporated herein by either party by attachment at any time. 14. LABOR RELATIONS Subcontractor shall comply with the National Labor Relations Act. any applicable Right to Work law, and any other applicable law related to labor relations. Sub contractor shall give General Contractor notice and full information regarding any existing or impending labor dispute affecting the Sublet Work or any part of the work on the Project as a whole. Subcontractor shall cooperate in any effort by General Contractor to mediate or other wise attempt to resolve work stoppages, slowdowns, boycotts, disturbances, strikes, picketing or labor disputes affecting any participant in the Project or affecting any part of the Project as a whole, but Subcontractor shall have exclusive control and responsibility for its own labor relations. No such condition shall excuse Subcontractor from the obligation to diligently prosecute the work, unless, in the opinion of General Contractor, or if so de termined by the chief local law enforcement officer, there is clear and substantial danger of bodily harm or property damage to Subcontractor's employees if they should under take to enter the project site and perform their work. 15. LIENS To the extent permitted by law, Subcontractor, for itself and all of its lower tier subcontractors and all laborers, mechanics and materialmen hereby waive and agree not to claim any lien against the Sublet Work, but shall rely solely upon the general credit of General Con tractor. Subcontractor shall pay or cause to be paid all bills for labor, materials, equipment or services connected with the Sublet Work, and shall not itself assert any lien or permit any lien to be asserted or maintained against the Project or any funds or land involved in the Project or the Owner or General Contractor. General Contractor may pay directly any such obligation of Subcontractor, and Subcontractor shall indemnify General Contractor against any such obligation. Form P-50 1-76 16. TITLE TO AND RESPONSIBILITY FOR SUBLET WORK AND MATERIALS The Sublet Work in progress and all of the Owner and General Contractor-furnished items and all of Subcontractor-furnished material, equipment, plant, facilities, fabricated items, supplies, drawings, data, and contract rights intended for the Sublet Work shall be the property of General Contractor from the earliest moment of identi fication to the Sublet Work, subject to General Contrac tor's obligation to pay the price in accordance with the Subcontract. Notwithstanding General Contractor's or Owner's title thereto. Subcontractor shall be responsible for the care, custody, control and safekeeping and pre servation of alt Owner-furnished. General Contractorfurnished. or Subcontractor-furnished labor, materials, plant equipment, supplies and other things to promptly repair or replace any such which is damaged or lost, and to complete the Sublet Work and to deliver the Sublet Work complete and in accordance with all provisions and requirements hereof at the time specified. Except as other wise provided in the Subcontract Terms or the Special Conditions. Subcontractor shall bear, without right of re imbursement. the full risk of loss or damage to the Sublet Work and all materials, equipment and other things. 17. SUBCONTRACTING OR ASSIGNMENT Subcontractor shall not assign this subcontract or any funds due hereunder. Subcontractor shall not subcontract any portion of the Sublet Work without the prior written approval by General Contractor of the lower tier subcon tractor and of the form, terms and conditions of the lower tier subcontract. No assignment or subcontracting, even with General Contractor's approval, shall relieve Subcon tractor of any obligations hereunder, or create any contractual relationship between such sub-subcontractor and General Contractor or Owner. Any lower tier sub contractor shall assume unto General Contractor all of the obligations of Subcontractor ay they relate to such portion of the Sublet Work. 18. RECORDS AND ACCOUNTS Subcontractor shall maintain good accounting and personnel records reflecting performance of the Sublet Work and shall preserve such records for a period of two years after completion and acceptance of the Project as a whole. General Contractor shall have the right to in spect and audit such part of the records as relate to cost reimbursement or performance of labor related provisions. Copies of documents and records supporting requests for payment or compliance with labor related provisions shall be furnished General Contractor with such request or at such other times as General Contractor directs. 19. BONDS If instructed by General Contractor in writing. Sub contractor shall provide a Performance Bond and a Pay ment Bond in form and with corporate surety satisfactory to General Contractor, at any time, required by General Contractor, whether before commencement of the Sublet Work or at any time prior to completion and acceptance of the Sublet Work. General Contractor will separately reimburse Subcontractor the premium cost thereof set forth in the Subcontract Terms unless otherwise expressly provided. General Contractor may terminate this Subcon tract for default or exercise the rights provided in Paragraph 10 of these General Conditions if Subcontractor should fail to provide such bond when requested. 20. INDEMNITY Subcontractor agrees to and hereby indemnifies and holds harmless General Contractor and Owner from any loss, cost, damage or liability from injury or death of any person, including Subcontractor or its employees, or damage or destruction of any property, arising from or in connection with the Sublet Work even though there be concurring negligence by General Contractor or Owner, but Subcontractor does not hereby assume responsibility for the sole negligence of General Contractor or Owner. GC-3 011382 21. INSURANCE Subcontractor shall provide insurance, with provisions against cancellation without thirty (30) days prior writ ten notice, lor the benefit of Subcontractor, General Contractor and Owner and with waiver of subrogation against all participants in the Project, in form and with underwriters satisfactory to General Contractor, with minimum coverages and limits as follows: (a) Workmen's Compensation Statutory (b) Employer's Liability I 100,000 (If marine operations are involved, the limits shall be $250,000 per person and $500,000 per accident) (c) Comprehensive General and Automobile Liability Bodily Injury - per person $ 100,000 - per accident $ 300,000 Property Damage $ 100,000 with blanket contractual, products and completed operations liability endorsements, and with xcu exclusion deleted. (d) Hull and protection and indemnit.v for any marine vessels, with General Contractor, Owner and their affiliates Full Value, but not less than $1,000,000 (e) Such other available insurance or increased limits as General Contractor may request, the premium cost of which shall be directly reimbursable unless otherwise specified in the Subcontract Terms. 4-. INSURANCE ON CONSTRUCTION EQUIPMENT Subcontractor shall fully insure, or self-insure and assumes all risk of loss of, or damage to. Subcontractor's construction equipment and tools, facilities and structures, however caused, including losses caused by vandals or theft, or by the negligence of others, including General Contractor or Owner. Subcontractor agrees to indemnify and hold harmless Owner and General Contractor from any such loss or liability regardless of any provision for reimbursement of uninsured losses. 23. USE OF GENERAL CONTRACTOR'S OR OWNER'S EQUIPMENT If any construction equipment, tools, marine vessels, facilities, or services of General Contractor or Owner be furnished to Subcontractor or used by Subcontractor, on an exclusive or joint use basis. Subcontractor shall inspect and satisfy itself as to the safety and condition thereof and shall return same to General Contractor or Owner after such use in good order and condition and in at least as good condition as that in which received, fair wear and use excepted. Subcontractor shall at its own cost and without right of reimbursement, insure or self-insure all risks associated with such use and shall indemnify General Contractor and Owner against any liability or cost for injury to, or death of, persons or damage or de struction of property connected with such use even if General Contractor or Owner should be negligent in re lation to such equipment or items used. 24. PERMITS. LICENSES. LAND RIGHTS General Contractor will provide all licenses and per mits required for the Project as a whole to be constructed. Subcontractor shall provide all licenses and permits re quired for Subcontractor to perform the Sublet Work, 'uding [without limitation], contractors' licenses, spey permits required by law to be issued to Subcontrac- .... and transportation permits. General Contractor will provide access to the work site and easements or land rights in the work site, but Subcontractor shall comply with all restrictions, limitations, terms and conditions relative thereto and Subcontractor shall obtain such ad Porm P-50 1-76 ditional easements and land rights as Subcontractor may require. 25. PATENTS AND PROPRIETARY RIGHTS Subcontractor shall pay all royalties and obtain all licenses required for items specified to be furnished by Subcontractor, and for all items and methods selected by Subcontractor for the Sublet Work. General Contractor shall pay all royalties and obtain all licenses required for the Project as a whole or for Owner-furnished or General Contractor-furnished items. Subcontractor shall give prompt notice to General Contractor of any claim of infringement of any patent or proprietary right, and Sub contractor and General Contractor shall cooperate in the defense and disposition of any such claim or suit. The party obligated to furnish the license shall defend and indemnify the other party. 26. WARRANTY Subcontractor guarantees and warrants that all ma terials furnished by Subcontractor and workmanship furnished by Subcontractor shall comply with the speci fications and other requirements of the contract and shall be free of defects for a period of one year after completion and acceptance of the Project as a whole by the Owner. With respect to items of manufactured equipment specified by General Contractor and purchased by Subcontractor from others. Subcontractor warrants that the equipment is as specified, and agrees to pass on and assign to General Contractor (or to Owner if directed by General Contractor) the manufacturer's warranty and Subcontractor shall prosecute the enforcement thereof in cooperation with General Contractor, but Subcontractor shall have no further quality or performance warranty responsibility with respect to such items of manufactured equipment. 27. PARTIAL OCCUPANCY AND USE General Contractor and Owner shall have access to the Sublet Work at all times. General Contractor and Owner may occupy and use any portion of the Sublet Work which is sufficiently completed to permit such occupancy and use, provided there is no substantial interference with performance of the balance of the Sublet Work. Such partial occupancy and use shall not relieve Subcontractor of the obligation to complete all of the Sublet Work strict ly in accordance with the requirements of this Subcontract. 28. CONFIDENTIALITY Subcontractor shall not publicize, publish, or photo graph the Project, the Sublet Work, or this Subcontract, except by consent of General Contractor and in compliance with General Contractor's regulations for the Project. Subcontractor will maintain in confidence and not use or disclose any confidential proprietary information of Gen eral Contractor or Owner. Subcontractor will execute, and if requested will cause its employees or agents to execute, such form of written secrecy agreement, further defining this confidentiality agreement, as is required of other participants in the Project. All plans, specifications, data and other material relating to the Project shall be deliver ed to General Contractor, on request, when no longer required by Subcontractor for performance of the Sublet Work. 29. INDEPENDENT CONTRACTOR Subcontractor shall perform the Sublet Work as an independent contractor with exclusive control of the manner and means of performing the Sublet Work in accordance with the requirements of the Contract, unless an agency or other relationship is specified in the Sub contract Terms. Subcontractor has no authority to act or make any agreements or representation on behalf of Gen eral Contractor or Owner, and no contractual relationship exists between Subcontractor and Owner. No employee or agent engaged by Subcontractor shall be, or shall be deemed to be, an employee or agent of General Contractor or Owner. In the event General Contractor should, at the request of Subcontractor, furnish workmen to Subcontrac- GC-4 EXX 011383 tor for any purpose to work under the direction and supervision of Subcontractor, such employees of General Contractor shall be deemed to be the borrowed servants of Subcontractor and Subcontractor shall be responsible for their actions while-so engaged. 30. LAWS This Subcontract is entered into in Houston, Texas, and shall be construed and governed by the laws of the State of Texas. Subcontractor shall comply with all laws, statutes, ordinances, rules and regulations of any govern mental entity, having jurisdiction, and Subcontractor shall indemnify and hold harmless the Owner and General Contractor from any fines, penalties, costs or liability arising from Subcontractor's failure to comply therewith. 31. DISPUTES All questions arising under this Subcontract shall be resolved in the first instance by General Contractor's project manager. No claim for additional compensation or extension of time shall be considered unless presented to General Contractor's project manager in writing within ten (10) days after the occurrence giving rise to the dis pute. Any claim not satisfactorily resolved by General Contractor's project manager in the first instance, and which is presented in writing within the time provided, may be appealed by notice in writing to the project man ager within ten (10) days after the project manager's initial decision, (a) to the engineer for the Project if the issue is interpretation of the drawings or specifications, or compliance of the Sublet Work therewith, in which event the engineer's decision shall be final, or (b) to an Ex ecutive Officer of General Contractor if any other quest ion under the Subcontract is involved. Subcontractor may submit to arbitration for decision in accordance with the provisions of this Subcontract, and the Federal Rules of Evidence, any dispute, other than interpretations of plans and specifications or compliance therewith, which has been unsatisfactorily decided by the project manager and Executive Officer of General Contractor, and such dispute shall be decided by a single, mutually acceptable arbitra tor, or a panel of three arbitrators chosen one by General Contractor, one by Subcontractor and the third by the other two. The arbitrators shall be bound by the terms of this Subcontract, and shall have jurisdiction only to decide disputed questions of fact. The decision of the arbitrators by majority vote shall be final. 32. PROGRESS PAYMENTS AND FINAL PAYMENT Progress payments will be made by General Contrac tor to Subcontractor monthly or at other intervals specified, in accordance with the Subcontract Terms. All progress payments are Trust Funds to be applied by Subcontractor to payment for labor, materials, equipment, services and supplies for the Sublet Work. With each request for pro gress payment. Subcontractor shall submit proper evidence, including affidavits and certificates, as may be requested by General Contractor showing: (a) the portion of th Sublet Work completed, (b) compliance with all require ments of this Subcontract, (c) payment of all bills, and (d) that no lien exists or could be claimed arising from the Sublet Work. General Contractor may withhold from pro gress payments ten percent (10%) of the amount earned, as retainage until final completion and acceptance (unless otherwise provided in the Subcontract terms), and in addition may withhold such amount as may be reasonably required to assure compliance by Subcontractor with the terms of this Subcontract. General Contractor may pay directly any obligation of Subcontractor arising under this Subcontract and withhold such payment from amounts otherwise due Subcontractor. Subcontractor shall submit with his request for final payment similar evidence and such expressions of warranty and indemnity as are re quired herein and a release of further claims against Owner or General Contractor. Subcontractor indemnifies General Contractor and Owner against any cost or liability, including attorney's fees, for failure of Subcontractor to Form P-50 1-76 perform all its obligations and pay all of its bills as re quired by this Subcontract. 33. APPLICATION TO COST REIMBURSEMENT TERMS These General Conditions define the obligations, res ponsibilities and relationships of Subcontractor and Gen eral Contractor, and apply without change whether the terms for payment are fixed price or cost reimbursable or a combination thereof. The price and other payments to be made to Subcontractor for performance of the obli gations of these General Conditions are provided for in the Subcontract Terms or other portions of this Subcontract. 34. NOTICES Notices of changes, deficiencies, delays, claims or dis putes shall be in writing, and shall furnish full information to the extent available. The party notified will acknowl edge receipt by endorsement of a copy if requested, or will otherwise confirm receipt in writing. Ordinarily, no tice will be given by delivery to the General Contractor's project manager, or Subcontractor's designated represen tative at the site, respectively, and mailing a copy to the address shown in the Subcontract Terms. To avoid dif ficulty in delivery of Notice, sufficient Notice shall be deemed to have been given by mailing by Registered or Certified Mail or equivalent, to the address shown in the Subcontract Terms. 35. EFFECTIVE DATE AND INTEGRATION The entire agreement between General Contractor and Subcontractor and all negotiations, proposals, represent ations and interpretations have been integrated into and superseded by the written provisions of this Subcontract. The price and definition of the Sublet Work are correlated as of the Effective Date and changes in plans, specifications and other requirements made after the Effective Date shall be dealt with as Changes, in accordance with Article 12. Any work performed and payments made pursuant to a preliminary agreement shall be deemed to have been done and paid under the terms of this Subcontract. This Subcontract shall be valid and in force when signed by both parties and delivered and the parties understand that thereafter no person is authorized to amend this Subcon tract except by agreement in writing and signed with equal formality. These General Conditions may be modified by the Special Conditions for the Project or by the Subcon tract terms: and the Special Conditions for the Project may be modified by the Subcontract Terms, and as so modified it is intended that all terms and provisions of this Subcontract shall be construed in harmony and with equal dignity and effect. GC-5 EXX 01|38A BrowncTRoot.Inc Post Office Box Three, Houston, Texas 77001 April 17, 1978 Universal Stress Relieving, Inc. P. 0. Box 1437 Pasadena, Texas 77501 Subject: Subcontract No. 34-1232-2106 Stress Relieving Exxon Chemical U.S.A. DeBottleneck Project Baytown, Texas Gentlemen: We are enclosing herewith one fully executed copy of Subcontract No. 34-1232-2106 dated March 27, 1978 for your permanent file. Thank you for your cooperation and if you have any questions please call me. Very truly yours, BROWN & ROOT, INC. ORIGINAL SIGNED BY R. H. SALMONS R. H. Salmons Senior Subcontract Administrator Subcontracts Department Procurement Division RHS/ew Attachment bcc: Wiganf D. H. Dodd-' J. Delay Steve Watkins (w/origlnal attached) (w/yellow copy attached) EXX 011385 BROWN & ROOT, INC RHS/gc SUBCONTRACT Job Numbei Subcontract! Exxon Chemical Company U.S.A. Plastics Base Plant Debottleneck Project (Project) Stress Relieving Two Tanks (Sublet Work) } BROWN & ROOT, INC. Form P-50 1-76 SUBTRACT Job Namber--4-123Z Subcontract No. 34-1232-2106 Exxon Chemical Company U.S.A. Plastics Base Plant Debottleneck Project (Project) Stress Relieving Two Tanks (Sublet Work) March 27. 1978 (Effective Date) THIS SUBCONTRACT, by and between BROWN & ROOT, INC., a Texas Corporation, P. O. BOX 3, HOUSTON, TEXAS 77001, "GENERAL CONTRACTOR" and. Universal Stress Relieving. Inc._________________________________________ _____________ aCorporationunder laws of_____________________________________________________Texas (Corporation, Proprietorship, Partnership) (State) whose address is P. 0. Box 1437. Pasadena. Texas 77501__________________________ "SUBCONTRACTOR," whose contractor's license number under laws of Hot Applicable is____ Not Applicable, entered into as of the EFFECTIVE DATE stated above, WITNESSETH: In consideration of the mutual promises herein contained General Contractor and Subcontractor agree, promise, and obligate themselves as follows: 1. Subcontractor promises to perform the Sublet Work for the Project in accordance with the Contract Documents. 2. General Contractor promises to pay Subcontractor, for full, accurate and timely performance of the Sublet Work in accordance herewith, the Price and other payments, and promises to perform all of the other obligations of General Contractor, as set forth in the Contract Documents. 3. The Contract Documents constituting this Subcontract consist of: a. "Subcontract Terms" and exhibits thereto. Project Amount Code 3V- /23Z ( oos") b. "Special Conditions" and exhibits thereto. Vendor Hods Noy'f*J/ 720&& c. "General Conditions" d. "Affidavit for Subcontractors" Net Price:$ 900.9? e. Terms? PnAOf. UtipU 32 Of*.----------------- f. 6&/J6ASL CojJOinotiS ---------------------------- Page 1 of 2 EXX 011387 Form P-50 1-76 Subcontract No 34-1232-2106 The foregoing constitutes the entire contract, and supersede all prior proposals, negotiations, agreements, awards, letter of intent and written or oral statements, representations or agreements. 4. The Effective Date set forth above is the date as to which all Contract Documents and provisions thereof have reference for purposes of coordination of their meaning and effect. The price relates to the Sublet Work as described in drawings, speci fications and other Contract Documents in their condition on that date. Changes after the effective date will be dealt with in accordance with the provision for changes. Any work commenced and any payments made pursuant to an Award or Letter of Intent prior to the execution hereof shall be deemed to have been done and paid after the Effective Date under the terms of this Subcontract. GENERAL CONTRACTOR: BROWN & ROOT, INC. By:. avis A^oa.. D. E. Newton, Jr. Title:__ Vice President - Procurement Date:. V-/7 7? SUBCONTRACTOR: UNIVERSAL ST/R?ESS7RELrIEaVpING, INC By: ]Jaajciu^> Bart Title: Manager Marketing Date: -H-79. Page 2 of 2 EXX 911368 EXX 011389 **01 U-771 Page I i>|'____ 4 SUBCONTRACT TERMS EXXON CHEMICAL COMPANY, U.S.A. SUBCONTRACT NO. 34-1232-2106 1. SUBLET WORK The Sublet Work, In general, covers performing stres ) relieving of two (2) vessels at Exxon Chemical Company, U.S.A., Plastics Unit - Base Plant Debottleneck Project, Baytown, Texas, as part of the "Project", which is more fully described in the Special Conditions, paragraph number 1. More specifically. Subcontractor agrees to perform the Sublet Work, which consists of furnishing all labor, materials, tools, equipment. Insurance, supervision and all other things necessary or required to perform the stress relieving services for two (2) vessels in accordance with the drawings, instructions and all other provisions of the Subcontract Documents. 2. DRAWINGS The following drawings and specifications are attached hereto and hereby made a part of this Subcontract Document: 2.1 Drawings: Exxon Chemical Company, U.S.A. Drawings Numbers. Description 51-90-664-Rev. 4 51-240-237-Rev. 1 D-867 Outline & Nozzle Details Reactor R-306 Outline & Nozzle Details 2.2 Specifications: The Sublet Work shall b performed in accord&.ce A.S.M.E. Code Section VIII Division 1, latest revision. 3.. TIME OF PERFORMANCE The Sublet Work is tentatively scheduled to commence week of April 17, 1978. The Sublet Work schedule described herein will be finalized by General Contractor's Project Manager at a later date. EXX 011390 SUBCONTRACT TERMS -2- S/C No. 34-1232-2106 4. SUBLET PRICE For satisfactory, complete and timely execution of Sublet Work herein described, the General Contractor agrees to pay the following firm price. All state and Local sales/use taxes are included in the below listed prices: 4.1 Vessel Reactor No. R-306 - FOUR HUNDRED FIFTY AND 00/100 (Words) $ 450.00 (Figures) DOLLARS 4.2 Vessel Amorphous Polymer - FOUR HUNDRED FIFTY AND 00/100 Vaccuum Drum D-867 (Words) DOLLARS $ 450.00 (Figures) 4.3 Payment and Performance Bonds In the event General Contractor requires Subcontractor to furnish Payment and Performance Bonds, General Contractor shall reimburse Subcontractor the premium cost in the amount of: ____________ TWENTY FIVE AND 00/100DOLLARS (Words) $ 25.00 (Figures) Reliance Surety Company (Surety Name) Philadelphia, Pa. (Surety Address) 5. PAYMENT Subcontractor will be paid the firm lump sum price in monthly progress payments in prooortion to the value of the Sublet Work performed during the preceding month, less 10% of such value as retainage until final completion and acceptance of the Sublet Work by the General Contractor. Subcontractor shall prepare and submit an invoice for the proposed monthly progress payment with supporting documents and proof of payment of all bills for labor and materials, for approval by General Contractor and when approved payment shall be made within thirty days thereafter. Final payment and release of retainage shall be made when the Sublet Work has been satisfactorily completed and accepted and Subcontractor has submitted an affidavit in form prescribed by General Contractor providing proof of payment of all bills for labor and materials and a satisfactory release of all claims against General Contractor and Owner. EXX 011391 SUBCONTRACT TERMS -3- S/C No. 34-1232-2106 6. SUBCONTRACTOR1S REPRESENTATIVE Subcontractor's supervisor will be designated to the General Contractor prior to .commencement of its work hereunder. He, or in his temporary absence his designated assistant, will be in attendance at the work site from commencement of this work until completion thereof. 7. INVOICES Subcontractor shall submit invoices in triplicate to the following address: Brown & Root, Inc. P. 0. Box 3836 Baytown, Texas 77520 Attn: Project Manager 8. DRAWINGS AND TRANSMITTALS Subcontractor shall Insure all drawings and submittals and other transmittal correspondence is addressed as follows: Brown & Root,.Inc. P. 0. Box 3 Houston, Texas 77001 Attn: Jerry Delay Project Manager 9. SERVICES AND FACILITIES FURNISHED BY GENERAL CONTRACTOR 9.1 Adequate working area. 9.2 Electrical power 100 Amps/480 V/3ph/60 cycles. 9.3 Sanitary facilities to be shared with others. 9.4 Scaffolding. 9.5 Potable water. 9.6 Designated parking for employees outside the gate. 9.7 Work permits. 10. BY SUBCONTRACTOR Subcontractor shall provide all services as described in Subcontract Term No. 1 and the following additional items: 10.1 Recording Charts. exx u3sa SUBCONTRACT TERMS 4 S/C No. 34-1232-2106 11. INSURANCE CERTIFICATE Insurance coverage requirements shall be in strict accordance with Paragraph 21 of the General Conditions. Subcontractor must have copies of its Insurance Certificate in General Contractor's possession before commencement of any work at the jobsite. Subcontractor shall submit current copies of its Insurance Certificate to the following addresses: Brown & Root, Inc. P. 0. Box 3836 Baytown, Texas 77520 Brown & Root, Inc. P. 0. Box 3 Houston, Texas 77001 Attn: Project Manager Attn: R. H. Salmons (01-114) 12. LABOR RELATIONS The following supplements Paragraph 14 of the General Conditions: Subcontractor represents that its pre-hiring collective bargaining agreements, if any, contain or will contain provisions that, or Subcontractor has entered into or will enter into a project agreement modifying such collective bargaining agreement to provide that, there shall be no strikes, slowdowns, picketing, secondary boycotts, or work stoppages during the performance of the Sublet Work. Subcontractor will further subcontract only to lower-tier subcontractors having sim ilar provisions in their collective bargaining agreements, if any. EXX 011393 SPECIAL! CONDITIONS i, K 5? ** t ` r7' . >. t ; Vy'T *. 1 "j -V-* ^r,; ' rv-;-S^tx n tVi -1 a *v * ?vd" ?/.v ' t CV / t J ,f ::- <>*' v \ , ' V* I * ijl- /j>V`^^ ts * ** * r 1_ r .-, im,hT>vi.v .St..*,;V>t>\.s. .<.;. r.>.? ,* . J.U? >j 3^Kh. V -v'-2sVf5;'* * ..:/nvt- 7 : v ; - v ;l,1J ijv ' ? ^ fri ' % J4j-r' ^:i,-i , '* r;4'w%^% * ,. .f' , ' i-> X . , 'f # >,r"- ;,*< "Ah f,->t ., / 'w^ \ l ^,' ''V fa "'"7 1 *,'r s-'> > S .%,< *1 ^ * . SS'iv'-zyi ,, ,`;v(?-..*t -'- .'Jxv>> -'< t > -*' '/-'f- P f'-y ']"' SPECIAL CONDITIONS PHASE I PROJECT AT THE BAYTOWN CHEMICAL PLANT DESCRIPTION OF PROJECT The project, as a whole, is the construction of the Baytown Chemical Plant (Plant) located.in Baytown, Texas for Exxon Chemical Company, U.S.A. (Owner). SALCS/USE TAM Subcontractor shall irelude all Texas State and local sales/ use taxes in his proposal. SAFETY, CLEANLINESS AND SANITATION The following provisions supplement Article 8 of the General Con ditions: A. Subcontractor shall be responsible for safety related to and during the prosecution of work on Owner's property to protect work, workers, the public and all other people:, Owner's property and the property of third parties. B. Subcontractor shall observe prd comply with /ill safety and health standards pro:valgated by the Secretary of Labor under Section 107 of the Contract Work Hours and Standards Act, published in 29 Ci'S Part 1918 and adopted by the Secretary of Labor as Occupational Safety and Health Standards under the V.'illiuns-Steicer Occupational Safety and Health Act of 1970. Such Safety and Health Standards shall apply to all lover tier subcontractors and their employees as well as to the Subcontractor and its employees. C. Subcontractor shall comply and obtain compliance by lower tier subcontractors, with Owner's publication en titled, "Contractor's Responsibilities for Safety, Plant Protection, and Traffic Regulations", latest edi tion, a copy of which is attached ticrcto as Exhibit A and made a part hereof. s DELAYS The following provision hereby supplements Article 9 of the General Conditions: No extension of time shall be granted Subcontractor because of: EXX 011395 a. late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences, or b. late performance by a subcontractor caused by a shortage of supervisors or labor, inefficiencies, or similar occurrences unless the delay arises out of a FORCE MAJEUKE occurrence {an oc currence other than described in paragraphs a and b above) and is beyond both Subcontractor's and lower tier subcontractor's or sup plier's control and an alternate acceptable source of services, equipment or materials is unavailable. WORKMEN AND EMPLOY.ME.VT PRACTICES The following provisions supplement Article 13 of the General Conditions: A. Subcontractor is aware of and is fully informed of sub contractor's responsibilities under Executive Order 112*16 and shall file compliance reports as required by Section 203 of Executive Order 11246 and otherwise comply with the requirements of such order. B. Subcontractor shall be bound by and agrees to the follow ing provisions as contained in Section 202 of Executive Order 11246, to wit: (1) . The Contractor will not discriminate against any employee or applicant for employment bo cans.' of race, color, religion, $ex or national origin. The Contractor will take affirmative action to ensure that applicants arc employed, and that em ployees arc treated during employment, without re gard to their race, color, religion, sex, or na tional origin. Such action shall include, but not be limited to the following': employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termina tion; rates of pay or other forms of compensation, and selection for training, including apprentice ship. The Contractor agrees to post in conspicu ous places, available to employees and applicants for employment, notices to be provided by the con tracting officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will in all solicitations or adver tisements for employees placed by or on behalf of the Contractor, state that all qualified appli cants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 011396 (3) The Contractor will send to each labor union or representative of workers with which he has a col lective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contrac- tor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employ ment. (4) The Contractor will comply with all provisions of Executive Order Ko. 11246 o; September 24, 19G5, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and re ports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, re cords, and accounts by the contracting agency and the Secretary of Labor for purposes of investiga tion to ascertain compliance with such rules, re- gulations, and orders. (6) In the event of the Contractor's r.cnccmpliar.ee with the nondiscrimination clauses of this con tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contrac tor may be declared inelegible for further Govern ment contracts in accordance with procedures au thorized in Executive Order Mo. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order Ho. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise . provided by law. (7) The Contractor will include the provisions of Para graphs (1) through (7) in every subcontract or pur chase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Con tractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such pro visions including sanctions for non-compliancc: EXX 11397 Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litiga tion with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or pro vide for his employees any segregated facilities at any of his establishments, and that he will not permit hi.emplovccs to perform their services at any location, under his control, where segregated facilities arc maintained. Subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and ether storage or dressing areas, parkinr lots, drinking fountains, re creation or entertainment areas, transportation and hous ing facilities provided for employees which are segregat ed by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, be cause of habit, local customs or otherwise. He further agrees that (except where he has obtained identical certifications from proposed lower tier subcontractors for specific time periods) he will obtain identical cer tifications from proposed lower tier subcontractors prior to the award of sub-subcontracts exceeding $10,000 which are not exempt from the provisions of Equal Oppor tunity Clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed lower tier subcontractors (ex cept where the proposed lower tier subco..tractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUnCOHTRACTOHS OF RE QUIREMENT FOR CERTIFICATIONS OF HO.N'SEGREGATFU FACILITIES. A Certification of Nonscgrcyated Facilities, as required by the May 9, 19G7, order on Elimination of Segregated Facilities, by the Secretary of Labor (32 Fed. Reg. 7<39, May 19, 19G7), must he submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. The. cer tification may be submitted cither for each subcontract or for all subcontracts during a period (c.g., quarterly, EXX 011398 semiannually, or annually). (1068 MAR.) Note:' The penalty for making false statements in offers is prescrib ed in 18 U.S.C. 1001). Requirement for Employment of the Handicapped as written belov/. This clause applies to all noncxcmpt subcontracts which ex ceed $2,500 as follows: (1) Port A applies to subcontracts which provide for performance in less than 90 days, (2) Part A and D apply to subcontracts which provide for performance in 90 days or more and the amount of the subcontract is less than $500,000, and (3) Parts A, B, and C apply to subcontracts which provide for performance in 90 days or more and the amount of the subcontract is $500,000 or more. PART A (a) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped in dividuals without discrimination based upon their physi cal or mental handicap in all employment practices such as the following: employment, upgrading, demotior or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensa tion, and selection for training, including apprentice ship. (b) . The Contractor agrees that, if a handicapped individual files a complaint with the Contractor that he is not complying with the requirements of the Act, he will (1) investigate the complaint and take appropriate action consistent with the requirements of 20 CFU 7*11.29 and (2) maintain on file for three years, the record regard ing the complaint and the actions taken. (c) The Cqntructor agrees that, if a handicapped individual files a complaint with the Department of Labor that he has not complied with the requirements of the Act, (1) he will cooperate with the Department in its investiga tion of the complaint, and (2) he will provide all per tinent information regarding his employment practices with respect to the handicapped. (d) The Contractor agrees to comply with the rules and regu lations of the Secretary of Labor in 20 CFT Ch VI, Part 741. I EXX Cl1399 (e) ' In the event of the Contractor's noncompliancc with the requirements of this clause, the contract may be termitiated or suspended in whole or in part. (f) This clause shall be included in all subcontracts over $2,500. PART D (g) The Contractor agrees (1) to establish an affirmative action program, includiny appropriate procedures con sistent with the guidelines and rules of the Secretary of Labor, which will provide the affirmative action re garding the employment and advancement of the handi capped required by P.L. 93-112, (2) to publish the pro gram in his employee's or personnel handbook or other wise distribute a copy to all personnel, (3) to review his program on or before March 31 of each year and to make such changes as may be appropriate, and (4) to de signate one of his principal officials to be responsi ble for the establishment and operation of the program. (h) The Contractor agrees to permit the examination by ap propriate contracting agency officials or the Assistant Secretary for employment Standards of his designee, of pertinent books, documents, papers and records concern ing his employment and advancement of the handicapped. (i) The Contractor agrees to post 'in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Assistant Secretary for Employment Standards, provided by the contracting officer stating contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment and the rights and reme dies available. (j) The Contractor will notify each labor union or repre sentative of workers with which he has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act, and is committed to take affirmative action to employ and advance in em ployment physically and mentally handicapped individ uals. EXX 0H400 \ c. I>ART c (k) The Contractor agrees to submit a copy of his affirma' tivo action program to the Assistant Secretary for Employment Standards within 90 days after the award to him of a contract or subcontract. (l) The Contractor agrees to submit a summary report to the Assistant Secretary for Employment Standards, by March 31 of each year during performance of the Contract, and by Hare}] 31 of the year following completion of the contract, in the form prescribed by the Assistant Secretary, cover ing employment and complaint experience, accommodations made and all steps taken to effectuate and carry out the commitments set forth in the affirmative action program. E. Subcontractor shall comply, and secure compliance by its lower tier subcontractors, with the requirements of Fair Labor Standards Act of 1930, as amended. F Field employees of subcontractor and its lower tier subcontrac tors engaged in the performance of sublet work on Owner's property shall be governed by the following provision: i. Compensation rates for employee:: up through craft fore men level shall not exceed prevailing rates for the area where work is performed, und policies relative to fringe benefits shall not be more liberal than prevailing prac tices. Before Subcontractor or any lower tier subcon tractor . commences any field operations,* Subcontractor shall have obtained Owner's approve] of its proposed salary and wage ranges and fringe benefits, by job classi fications, for such employees. No changes shall be made in said salary and wage ranges and fringe benefits with out General Contractor's prior approval it being under stood that Subcontractor ncrnally adjusts salaries, salary and wage ranges and wages annually. ii. If requested by General Contractor, Subcontractor shall furnish General Contractor with name and addresses of its lower tier subcontractors, field employees of Subcontrac tor or its lower tier subcontractors, or others who have performed or arc performing work under subcontract. LAWS The following provision hereby supplements Article 30 of the General Conditions: Subcontractor shall defend, indemnify and hold harmless General Contractor and/or Owner from any liability or penalty which may be imposed on General Contractor and/or Owner by reason of any alleged violation or violation of Lav/ by Subcontractor or its' EXX 011401 sub-subcontractors and also (corn all claims, suits or proceedings that may be brought against General Contractor and/or Owner aris ing under, growing out of, or by reason of work with respect to such alleged violation or violation of Law whether brought by em ployees of Subcontractor or its sub-subcontractors, by third par ties or by any governmental authority. patents and ropniETAny rights The following provision supplements Article 25 of fche Ccncral Con ditions: Subcontractor agrees to abide by and to obtain acceptance of the following patents hold-harmless provision by all lower tier sub contractors and vendors: "Except and to the extent that items purchased herein are made to the design, specifications or instructions of Exxon Chemical Company, U.S.A., an operating division of Exxon Chemical Company, a division of Exxon Corporation (herein referred to as Exxon Chemical Company, U.S.A.), seller shall indemnify and hold harmless purchaser and Exxon Chemical Company, U.S.A'. , their successors, assignees, vendees, and users of said items from and against any and all claims, demands, losses, costs and liabilities arising out of or resulting from the actual or alleged infringement of any rights under patents or any litigation based thereon." technical iNrordi.vr ic:i a. Subcontractor shall hold in confidence and not divulge to third parties or use in any way other'than for accomplishing sublet work, any technical information disclosed, dirccaly or indirectly, to Subcontractor by General Contractor and/or Owner or its affiliates in regard to sublet work, including any changes or suggested changes with respect to sublet work or any processes, process data or correlations or any draw- . ings or designs showing the equipment, devices and machinery in which and by which the processing is to be performed cr carried out, which arc provided by General Contractor and/or Owner or its affiliates, or are prepared for General Contrac tor and/or Owner by Subcontractor, without General Contractor's and/or Owner's prior approval so long ns and to the extent that such information is not in the public domain, or was not prior to receipt from General Contractor and/or Owner or an affiliate of Owner already in the possession of Subcontractor, or is not received by Subcontractor, after receipt frcr.i Genera.' Contractor and/or Owner or its affiliates, from a tliirJ party who doe:; not require Subcontractor to hold it in confidence * and who did not acquire such information directly or indirect ly, from General Contractor and/or Owner or its affiliates. For the pu/posc of the provisions of this paragraph, disclo- EXX 011402 sures relating to sublet work which are spccirrc, c.g., as to equipment, products or operating, conditions, shall not bo deemed to be in the public domain or in the prior possession of Subcontractor merely because they, or individual features thereof, arc embraced by general disclosures in the public domain or arc in the possession of Subcontractor, unless the combination itself and its principle of operation are in the public domain or in the possession of Subcontractor. b. Nothing contained herein shall prevent Subcontractor from using information it can show was lawfully disclosed to it in writing by a third party who did not acquire it, direct ly or indirectly, from General Contractor and/or Owner or its affiliates in accordance with the terms under which such information is disclosed to Subcontractor by said third party. c. In the event Subcontractor files a patent application in which any of the technical information provided to Subcon tractor by General Contractor and/or Owner cr by any sub sidiary or affiliate of Owner is disclosed. Subcontractor agrees to provide General Contractor with a copy of such application. If such application includes technical in- formation whicli General Contractor and/or Owner or its affiliates consider proprietary. Subcontractor shall not permit the publication in any country of a patent based on such application without General Contractor's and/or Owner's prior approval. SUBCPETPACTOK'S DRAV'IPCS, SPECIFICATIONS, ETC. All drawings, specifications, requisitions, purchase orders and other pertinent documents, and the designs, concepts and techni cal information contained thereon, prepared by Subcontractor or its lower tier subcontractors pursuant to subcontract nay be used by or for General Contractor or Owner or for any subsidiary or affiliate of Exxon Corporation without limitation for: construc tion, .operation, modification, revamp, bottleneck removal, repair and maintenance of Plant; replacing any portion of Plant from any source; duplicating any portion of.Plant or the entire Plant; or designing or constructing other plants, subject only to the following exception. If certain drawings, specifications, requisitions, purchase orders 'and other pertinent documents are to bo prepared by Subcontractor for General Contractor which contain special design or technical information originating with Subcontractor, which special design or technical information should not bo divulged to Subcontractor's competitors, Subcontractor shall give notice to General Contractor and supply a descriptive list of the items placed in this category as a part of said notice. Such special design or technical infor mation shall be incorporated into sublet work only with General EXX 011403 Contractor's prior approval, and when so incorporated. General Contractor's and/or Owner's right to use said special design or . technical information will be limited for a period of seven (7) years from May 7, 1975 unless otherwise expressly permitted in writing by Subcontractor to purposes of construction, operation, modification, revamp, bottleneck removal, repair and maintenance of Plant so long as and to the extent that said special design or technical information is not in the public domain or was not prior to receipt from Subcontractor already in the possession of General Contractor or Owner or any of its affiliates, or is not .received by General Contractor or Owner or its affiliates after receipt from Subcontractor from a third party who did not require such information, directly or indirectly, from Subcontractor. The documents or parts thereof, containing said special design or technical information shall be identified by a special stamp or legend, the wording of which shall be agreed ly Subcontractor and General Contractor. 10. INSPECTION' AMD QUALITY COMTKOL The following provision supplements Paragraph 7 of the General Conditions: . A. Subcontractor shall be responsible to see that inspecting and testing of the component pr.rts of work/including its subcontractors' work, required by Lav/ is provided. D. General Contractor shall have the right at all times to inspect, or witness the test of, any part of Sublet fork at any place where equipment or materials are located or in preparation or at work site. Inspection or non-inspec tion, or witnessing or non-witnessing, by General Contractor . shall'not be construed ns acceptance of any part of sublet work nor as relieving subcontractor of its responsibility for said items complying wi.Lh Job Specification and being .free from defects and capable of performing their respec tive functions. C. If Lav/ requires inspection or test of any part of Ivor): at any place where equipment or materials arc located or in preparation or at work silo, Subcontractor shall advise General Contractor, sufficiently in advance, of the ar rangements for said inspection or test.. D. General Contractor shall have the right to inspect all con struction tools and equipment when they arc brought on work site and at any time during the progress of sublet work. If any tool or item of equipment, is, in the judgement of General Contractor, unsafe or 'incapable of doing the work for which it in intended, Subcontractor shall repair or replace it with a safe and capable tool or item of equip ment. The foregoing does not relieve .Subcontractor of responsibility tor safety related to construction toe' and equipment pursuant to Article 8 - Safety. EXX 011404 11. TITLE TO AMD KESPOHSIllILITY Poll Stmi.ET WORK AHD KATKKIAI.n The following provision supplements Paragraph 1G of the General Conditions: Subcontractor shall be responsible for and shall make good to the satisfaction of General Contractor any damage to, or destruction or loss of, existing structures, and other property belonging to Owner or for which General Contractor and/or Owner are responsi ble arising out of any act or omission of Subcontractor, its offi cers, employees, agents, representatives or lower tier subcontrac tors, without regard to whether any acts or omissions of General . Contractor and/or Owner or other parties contributed to the pro perty damage. However, Subcontractor shall not bo responsible for any property damage caused by sole negligence of General Con tractor or Owner. 12. COMFTHEHTl/M.ITY The following provision supplements Paragraph 28.of the General Conditions: Subcontractor shall not unnecessarily disclose to its lower tier subcontractors and vendors the name or location of Owner. Sub- . contractor shall also require its sub-subcontractor?.; and vendors to comply with this requirement. 13. CHANCES " The following provision supplements Paragraph 12 of the General Conditions: If, during the prosecution of Sublet Work, Subcontractor believes that any instruction, interpretation or decision received from General Contractor and/or 0*wncr or that any act of General Con tractor and/or Owner or Engineering Contractor affects Subcontrac tor's work and should be treated as a change pursuant.to the pro visions of subcontract, then Subcontractor shall give prompt notice to General Contractor prior to proceeding with the: sublet work affected. If General Contractor agrees that said instruc tion, interpretation, decision or act requires a change, General Contractor will authorize said change. Ho change will be authorized by General Contractor if Subcon tractor has proceeded with the work affected hy said instruction, interpretation, decision or act prior to giving the aforesaid notice to General Contractor. EXX 011^05 14. MENS The following provision supplements Paragraph 15 of the General Conditions: Subcontractor shall ensure that there is no reservation of owner ship or security interest from suppliers of materials or equip ment to Subcontractor. If unable to fulfill this obligation Subcontractor shall immediately give written notice to General Contractor. 15. GENEP-AL COLTRA ITCH'S Al'DIT RIGHTS General Contractor's duly authorized representatives shall have access, at all reasonable times, to all Subcontractor's and lower tier subcontractors' personnel, job descriptions, employment and qualification records, books, records, correspondence, instruc tions, plans, drawings, receipts, vouchers, data stored in computers and memoranda of every description pertaining to sublet work under subcontract for the purpose of auditing and verifying costs of sublet work or for any other reasonable purpose. General Contrac tor's representatives shall have the right to reproduce any of the aforesaid documents. Subcontractor shall preserve, and shall cause its lower tier subcontractors to preserve, all the aforesaid docu ments for a period of two years after completion and acceptance or termination of sublet work. 16. COMS'l P.'JCTION' TOOLS KV.V) EQUIPMENT If General Contractor requests, Subcontractor shall issue an itemized too] list giving the quantity and description of all. construction tools and equipment at Work Site. EXX 011406 ) ATTACHMENT A CONTRACTORS' RESPONSIBILITIES FOR SAFETY, PUNT PROTECTION, AND TRAFFIC REGULATIONS BAYTOWN OLEFINS PLANT April 1, 1976 EXX 011*7 I CONTRACTORS' RESPONSIBILITIES FOR SAFETY, PLANT PROTECTION, AND TRAFFIC REGULATIONS 1. Contractor shall fully conply with these Safety, Plant Protection and Traffic Regulations in the performance of work described in the contract. These regulations shall also fully apply to a'l Subcontractors and their employees, as veil as to the Prime Contractor and :ts employees. Contractor shall notify its employees, its Subcontractors, and the employees of its Subcontractors of the provisions of the regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside Owner's Baytown Plants until such notification has been given them. Contractor shall observe and conply with the Texas Occupational Safety Act (Art. 5182a, V.C.S.) ar.d with all safety and health standards prcr.ulg.itcd by the Secretary of Labor under Section 107 and the Contract Work Hours and Standards Act, published in 29 CFR Part 151A and adopted by the Secretary of Labor as occupational safety and health standards under the Williams-Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for the safety and health of contractor employees. Such safety and health standards shall apply to all subcontractors and their employees as well as to the Contractor and his employees. Contractor is and shall remain an independent Contractor as to all work per formed under the contract. The detail manner, means, and methods of perform ing said work shall be under the control and direction of Contractor, Che Owner being interested only in the results obtained. These Safety, Plant Protection and Traffic Regulations are designed as minimum requirements for Contractor, and Contractor shall make any additional precau tion necessary or proper under the circumstances to prevent injury or death to persons or damage to property. These regulations are to be considered as an addition to any safety rules or regulations of the Contractor. Neither compliance with the regulations by Contractor nor Owner's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work. EXX 011408 I Exxon Chemical Company U.S.A Job Specification Baytown Olefins Plant 2 Nothing contained in these regulations shall be interpreted to enlarge the legal duty of the Owner to the Contractor, his agents, employees, or Sub contractors. I. DEFINITIONS As used herein, the following definitions are applicable: 1. Owner Exxon Chemical Company U.S.A. and/or its duly authorized representative. 2. Plant The facilities of Exxon Chemical Company U.S.A., Exxon research and Engineer ing Company, or Exxon Company, U.S.A., Baytown, Texas or any combination of such facilities on which work is to be performed. 3. Contractor Designates "Contractor," "Contractor's Subcontractors," and all employees of each. II. SAFETY REGULATIONS A. GENERAL 1. Authorization to Start Work Contractor and Subcontractors shall not start work until authorized by the Owner at the job site. Such authorization docs not constitute auth ority to proceed with any work Involving special permits as outlined herein. Contractor shall also secure approval from Owner before any . materials are delivered to job sice when material deliveries precede Contractor's arrival on site. 2. Contractors' Equipment a. All equipment brought into the Plants by Contractors must be in safe operating condition. Authorized Owner personnel at any time tray inspect Contractors' equipment. Such inspections or failure to Inspect shall not relieve Contractors of their responsibilities for the safe condition of their equipment. b. All Contractors moving trailer-type equipment within the Plants shall use a hitch equal to Premier's automatic latching hitch, No. 105 for one-ton loads, or No. 5S0 for onc-and-onc-half ton loads, except that properly rated ball hitches may be used when provided with safety chains. 3 Fires The Plants have an organization to handle fires. Fires shall be reported by dialing 3600 on the riant's telephone systen. The location of the fire the name of the person calling, and his employer shall be given. Contractor shall instruct his employees to report fires in this aanoer. Smoking Smoking within the Plant is prohibited except at locations and times approved in writing by Owner. The Project Director will obtain the required permission. hot Work "Hot work" is defined as any work requiring the use of ourning or welding equipment, brazing equipment, explosives, open fires, portable grinders, internal combustion engines, soldering irons, nonexplosion-proof electric motors (including motor shippers, drills, and saws), nonexplosion-proof floor or string lights, sand blasting, explosive-actuated tools, electric hot plates, or any other flame or spark-producing equipment. Contractors shall not use open fires or spark-producing equipment nr do any "hot work" without a written permit from Owner. Permits are valid for only the time and dace specified by the permit. Owner will assign areas in which Contractor cay do "hot work" on a job-duration basis aod will give short-time permits in other locations when considered safe. Contractors shall stop any "hot work" upon request of any employee of Owner and shall not resume such work until authorized by the Owner. Job-duration "hot work" permits will be issued in the form of a letter from the Owner to Contractor, receipt of which shall be acknowledged. Contractor shall watch for conditions that stake the use of "hoc work" unsafe, and immediately upon observing such conditions. Contractor shall cease "hot work" and report the condition to the Owner. Explosives Explosives shall not be used without prior written approval of Owner. Connecting Into Existing Pipe Lines or Equipment a. Contractor shall not open or tie its work into Owner's existing pipe lines or equipment without a written pcrnic, properly signed by Owner. After a.tic-ln has been made to Owner's existing lines or equipment, the whole piping or equipment systen involved shall be considered the same as Owner's existing lines and equipment; and written approval must be obtained from O'.'ncr before additional work can be done on any of these lines or equiprent, unless a blind, approved by Owner, has been installed separating the lines and equip ment being worked on from the remainder of the system. EXX 011*1 4. b. Permission muse be obtained from the Ovner prior to the use of company utilities, such ns, but not limited to, water, steam and air systems, and fire hydrants. Each connection must be guarded by a check valve. When taking water from fire hydrants, the main center valve must be opened completely. .8 Connecting into Existing Sewers Contractor shall not open or tie into or work on Owner's sever system without a written permit properly signed by the Owner. After severs constructed by Contractor have been tied into Owner's sever system, the "hot work" permit shall terminate. Contractor shall not perforn any "hot work" in the area until a new "hot work" permit has been obtained. 9. Work on Adjacent to or Connecting Into Existing Electrical Power Circuits and Work on Electrically Operated Equipment Under no circumstances shall Contractor work on, adjacent to, or connect into Owner's electrical system or vork on Owner's electrically operated equipment without securing prior written permission from Ovner in accor dance with Owner's "Electrical Tagout Procedures," latest edition. Contractor shall comply with said procedures in performing all work. 10. Entering Containers, Pits, Excavations, and Tanks Contractor shall not enter any "Class A" Closed Container, as defined below , without a written permit, properly signed by Owner. The permit is valid for only the time and date shown on the face of the permit. "Class A" Closed Container is defined as any closed container (in custody and control of Owner) which has been in operation. This also includes furnaces, excavations, open top containers and sewers in care, custody and control of Owner where the head of a man working therein is below the top of the vessel, excavation, or sewer. 11. Vork Involving the Use of Ionizing Radiation Contractor shall not perform any vork involving the use of ionizing radiation without written notification in duplicate to the Ovner. Notification shall include the job reference, state time of entry, the type of ionizing radiation equipment and the strength of the ionizing source. `Contractor shall comply with "Texas Regulations for Control of Radiaeion." latest edition, Texas State Department of Health, Division of Occupational Health and Radiation Control, Austin, Texas, together with all future amendments, additions, and revisions to said regulations and standards. O.mcr reserves the right to conduct independent and un announced radiation surveys of Contractor's equipment and its uses on Owner's premises. EXX 011411 I 12. Housekeeping AC all times the job site shall be kept clean and free from debris, trash, and rubbish. Contractor shall store all materials in a neat and orderly fashion, and shall not store materials within four feet of any fence or alone railroad tracks within a distance of eight feet horizon tally from the inside edge or twenty-three feet vertically above the top of any rail, and shall not construct temporary or permanent structures vithin this minimum clearance. Dismantled or surplus materials, trash, and debris (including earth, clay, lumber, concrete, metal, insulation, paper, etc.) that falls from Contractor's vehicles shall be promptly cleaned up by Contractor. 13. Repairs or Changes After care, custody, and control of the facility constructed by Contractor passes to Owner, no repairs or changes shall be made by the Contractor without written approval of Owner. 14. Use of Lines, Conduits or Structures as Supports Contractor shall not use Owner's pipe lines, electrical conduits, hand rails or structures as supports for lc-ads, for ladders, or for scaffolds without authorization from the Owner. 15. Use of Stanchions or Equipment for Anchors Contractor shall not use Owner's pipe stanchions or other equipment for attaching snatch blocks, guy lines, or for other services which apply loads on the equipment without written approval of the Owner. 16. Guy Lines When it is necessary for Contractor to install guy lines across Owner's electric lines, Contractor shall construct guards of a type approved by Owner, to prevent guy lines from coming in contact with the electric lines. Ko guy lines shall be detached nor buried guy line anchors disturbed with out prior approval of the Owner. Contractor shall not place any guy line, mooring line, or load line in such a position that it will tighten against operating equipment, pipe lines, tanks, or machinery. V'ARNINC-RCD CONCRETE 1/NDEr.CROUND, signifies the presence of an electrical clrculc - stop excavating and notify the Owner. EXX 011412 6. 17. Working In the Vicinity of Electric Lines When it is necessary for a Contractor to operate cranes or derricks, or perform other work within 12 feet of open electric lines (vertically or horizontally). Contractor shall consult the Ovner and determine whether the electric lines can be dc-enerpizcd. If the lines cannot be de-energized, Contractor shall install suitable guards to prevent its equipment from coning in contact with the electric wires or cable. Guards shall be of a type approved by the Owner. Contractor shall not proceed with any work until the electric lines have been dc-cr.crgizcd or until guards have been Installed. 18. Excavations All excavations cade by the Contractor shall be adequately protected to prevent sloughing of earth by shoring or sloping and sh:.ll be fenced in or boarded over to prevent personnel froa slipping or falling into then. Contractor shall not enter or perform work in an excavation which requires a person's head to be below the surface of the ground until it has been established that it is safe to do so. 19. Moving Suspended Loads Contractoi shall not move loads suspended from cobile equipcent without load being secured to prevent swinging. All chains, cables, ropes, etc., suspended froa mobile equipment shall be properly fastened. 20. Oarage to Owner's Property If Contractor dosages any of Owner's property, or property of any other ' Contractor or Subcontractor, the damage shall immediately be reported to the Ovner. 21. Warning and Caution Signs Contractors shall obey all safety warning signs posted by Owner and shall provide safety equipment required by signs. 22. Entering Operating Unit Contractor shall not enter any operating unit or area with motorized equipment without permission of the Owner. Vehicles entering these areas may be required to have spark-proof mufflers or their equivalent. 23. Operating Owner's Equipment Contractor shall not operate any of Owner's equipment, such as electric power switches, valves, etc., without prior specific approval of the Owner. EXX 011413 ) 7 24. Use of Special Vehicles No vehicle or piece of equipment having metallie-lugged wheels or tracks shall be operated on any hard surface street without adequate protection to the street, as approved by Owner. No tracked equipment having flat pavement treads shall be operated on a paved street without approval of the Owner. 25. Fire Extinguishers shall Welding machines and tar pots/havc a 12-lb CO, or 20-lb dry chcnicaltype fire extinguisher in proper working condition located adjacent to the equipment. An extinguisher shall be located in each working area where "hot work" is being done. Fire Hose - Where fixed hose reels are not available, the Contractor shall furnish and maintain a mininun of one fire hose in each work ing area where hot work is being done. Each hose shall be 1 1/2" diameter with threaded coupling and NYC Fire Department threaded adapter suitable for 150 psi pressure. Each hose shall be equipped with a 1 1/2" cotabinadon fog, straight strean, shut-off nozzle equal to American LaFrance Elkhart L-200. Hoses shall be connected to a closed hydrant. The Contractor shall be responsible for operating the water supply valve at the hydrant in full open position when water is required. Pressure is not to be left on hoses overnight. 26. Conpressed Cas Cylinders - Transportation, Storage, and Use a. Conpressed gas cylinders, empty or full, shall be adequately secured in an upright, vertical position when in transportation, storage, or use. Do not store cylinders under pipe or power lines. b. Protective caps must be kept in place. c. Use holders, chains, or keepers to prevent overturning. d. Secure cylinders in a vertical position with a suitable keeper while connected to equipment. . e. Do not allow pure oxygen to come in contact with hydrocarbons in any fom* f. Avoid any rough-type handling. g. Contractor shall not use oxygen or acetylene for testing purposes. h. Contractor shall not take oxygen or acetylene cylinders inside a vessel. EXX 011414 8. 27. Railroad Obstruction* Contractor shall not construct or place any permanent or temporary obstruc tions closer than seven feet, two inches horizontally, or twenty-three feet vertically froia any railroad rail wlchout specific authorization from the Owner. 28. Guarding Contractor shall guard or place appropriate barricades around temporary openings in floors, handrails, etc., to prevent accidents. Contractor shall replace permanent handrails and guardrails immediately after need for opening has ended. Guards on moving machinery shall be in .place or other protection provided before such machinery is operated. Contractor shall guard or protect any area into which materials or tools are to be deliberately dropped or thrown. 29. Electrical Tools and Equipment a. Contractor shall ground portable tools, r.etal buildings, and equipment. b. Contractor nay use general purpose two-or three-cell (1.5v per cell) flashlights. c. Explosion-proof, approved portable lights (Underwriters Laboratory - or Eureau of Mines - approved) oust be used where hot work is not authorized. This includes, but is not limited to, the following: 1. Portable explosion-proof hand lamps. 2. Portable explosion-proof floodlights. 3. Extension cords (plug boards) with explosion-proof fixtures. 30. Welding and Burning a. Contractor shall remove welding and/or burning torches from vessels or closed containers at the end of any work period. If removal of the torches is impractical, the hose at the regulator shall be disconnected. b. Contractor shall vent and clear any hollow or partially hollow vessel or equipment which may be overpressured by the application of heat before heating or burning into It. c. Contractor shall not veld on oil or gas lines or equipment in service unless there is an internal cooling agent to remove heat, such as flowing liquid or gas, and/or unless there is sufficient metal, as approved by the Owner to prevent a burn-through. EXX 011415 Exception: Ko hot work Is to be Hone on air lines in service between the reciprocating compressor discharge and the knockout drun or drier. Hot work can be done on air lines down-stream of knockout drun or drier, or on air lines pressured by centrifugal equipment, after a gas test shows the air in the line to have no hydrocarbons present. d. Contractor shall never ground a welding cable to the wall of a pipe that is in service^ 31. Plant Air a. Contractor shall not use cor.pressed air for cleaning lines or severs. b. Contractor shall not use plant systen conpressed air for breathing purposes. 32. Machinery Contractor shall not work on any cachinery while it is either in notion or operation without approval of the Owner. 33. Refueling Vehicles and Equipment Whenever possible, gasoline and fuel should be dispensed through a pump and hose. If not possible approved-'safety cans with flexible spout cay be used. Transfer of fuel in nonapproved cans, open containers and glass containers is prohibited. Vehicles and equipment engines cust be turned off during refueling. Underwriters - or Factory Mutual - approved containers for flammable liquid. 34. Protective Clothing, Protective Equipment, and Safe Tools Every Contractor employee shall wear a shirt at all times while within the Plant. Contractor shall provide necessary protective equipment and safe tools. B. SUPERVISORY RESPONSIBILITY 1. Set a Good Ey.anple Contractor Supervisory personnel shall at all times set a good example for Contractor employees in order to encourage compliance with these safety rules and regulations. EXX 011416 10 2. Provide Adequate Instruction Contractor Supervisory personnel shall provide adequate Instruction in and require conplinnee with: a. Accident prevention aspects of each Job. b. Use and application of appropriate protective equipr.cnt and devices. c. Use or application of tools and equipment. 3. Cooperate with Owner's Designated Representative Contractor Supervisory personnel shall cooperate with Owner's designated representative where the safety aspects of a job require coordination. 4. Provide Adequate Procedure for Specific Job Contractor Supervisory personnel shall see that there is .n adequate safety procedure for the specific job to be done and that all procedures are . well understood and followed. C. INDIVIDUAL RESPONSIBILITY 1. Contractor Employees' Basic Rules for Personal Safety a. Do not go to a Plant fire. b. Report all injuries to your supervisor immediately after they occur. c. Follow all safety procedures applicable to the job being performed, including the use of appropriate protective equipment. d. Do not enter any operating equipment area or work on operating equip ment without the approval of the Owner. e. Do not Indulge in horseplay. f. Use the right tool for the job - no makeshifts. g. Keep clear of suspended loads. h. Eliminate or guard against known hazardous conditions. EXX Oli4|y 11. 2. Clothing and Protective Equipment a. Do not wear clothing saturated with oil, hazardous liquids, or chemicals. If contamination does occur, wash immediately with soap and water and report to your supervisor. b . Vear clothing which covers and protects the body when working or visiting in areas where the probability of exposure to ho: liquids, flash fires, or skin Irritants exists. This includes sore typa of an covering. Tear a shirt at all tines. c. Loose clot\ ing, loose sleeves, r.eckties, or gloves should not be worn where there is a probability of their being caught in roving machinery. d. V.'ear the following safety protective equipment under the circumstances indicated below: 1. Safety Kats and Safety Classes - In all areas except at certain locations specified by Owner. 2. Goggles and/or Safety Classes with Side Shields - V.Tiere flying objects exist. 3. Chenical Cogglcs - l.'here chemical or liquid hazards exist. 4. Respiratory Protection - where atcosohere of the work area is contaminated by hazardous dust, toxic gases, vapors or fur.es, or where oxygen deficiency exists. s 5. Protective Clothing - where there Is a probability of exposure to acid, caustic, or other hazardous material. 6. Safety Eelts - attached to an independently supported lifeline where an oxygen deficiency exists; where the surrounding atmosphere is immediately hazardous to life; or where hazardous conditions . exist. 7. Ear Protection - while working in areas posted with r.cise warning signs, or while working with or near tools or equipment which gen erate sufficient noise to cake normal conversation difficult, ear plugs, disposable plugs, or ear ruffs shall be worn. 3. Cuarding a. Cuard or cover open excavations or manholes before leaving the job. b. Do not perform work above open coving machinery. EXX 011418 12 4. Housekeeping a. Keep aisles, passageways, stairs, platforms, and ladders clear of all unnecessary obstructions. b. Remove or bend down all protruding nails that present a sr.ag or puncture hazard. c. Keep worksite clean and orderly. 5. Smoking and Hatches a. Do not smoke except at locations approved by Owner. b. Do not bring "striko-anyvhere" catches into the Plants. 6. Hand Tools a. Do not use defective tools. b. Do not subject tools to undue stress or use them for purposes for which they are not designed. 7. Electrical Tools and Equipment a. Do not open or close an electrical switch without full knowledge of the results which can be expected. b. Do not remove vapor-proof globes, except for cleaning, repairing, or replacing lamps. c. Do not open explosion-proof fixtures without approval of the supervisor. 8. Power Tools - llachinery a. Do not work on any machinery while it is in motion. Exception: If it is impractical to shut the equipment down before working on it, secure supervisor's approval before proceeding. b. Keep abrasive wheel tool rest adjusted to within 1/6" maximum of the wheel. Do not use emery wheels which arc visibly in bad order. c. Do not stand in line with high-speed grinding wheels. Cuards shall be provided. EXX 011419 13 9. Ladders and Scaffolds a. Use only ladders which arc in pood condition. If not equipped with safety shoes, or if there is a question of slippage, they must cither be held or lashed securely while in use. b. Do not place any ladder where it can be buxped, such as in front of a door, in the street or aisles, etc., unless adequate precautions are taken to protect both the climber and others who may be in the area. c. Use good working techniques when climbing, working from, or descending from a ladder, such as holding with ioth hands and keeping the body within the side rails of the ladder. d. Lower and lash swing scaffolds at the end of the shift. e. Provide a safe means of access to all scaffolds. f. Provide handrails on all scaffolds fron which it is possible for an individual to fall core than six feet. g. Place tools or materials on scaffold platforms in such a manner that they will not create a tripping hazard or become dislodged and fall. 10. Excavations a. Do not enter or perform work in an excavation which requires your head to be below the surface of the ground until: 1. OK gas and oxygen tests have been secured. 2. A ladder or stairway has been provided for safe entrance and exit, c. Adequate shoring or sloping of the trench walls has been provided. 11. Traffic end Railroad a. Observe traffic control signs, markers, and regulations. Obey persons directing traffic. b. Motorized vehicles ar.d internal combustion engines arc not permitted inside any tank firewall without permission of the Owner. c. Do not board or ride on railroad equipment. EXX 011420 14. 12. Hoisting Equipment a. Operate hoisting equipment so as not to unduly endanger other people or damage equipment in the operating area. b. Do not ride on blocks, hook-., halls or crane loads unless a safety belt, sling, or bosun chair is provided. 13. Structures Do not use handrails as a support for material or r.gging. 14. Hazardous Materials a. Do not use natcrials from, or place hazardous mater'.als in, unlabeled containers. b. Identify dismantled cr relocated equipment which has we.n in "Hazardous Material" service. c. Use for cleaning purposes only those solvents which are approved by your supervisor. 15. Conpressed Air - Yard System Do not use compressed yard air pressure above 30 psi to clean clothing or personnel. 16. Compressed Cases a. Do not release hazardous compressed gases into confined work spaces. b. Do not use conpressed gases to clean clothing or personnel. 17. Fire Prevention - Fire Fighting a. Do not block fire-fighting equipment. (See Traffic Regulation - Item 7). b. Do not fight an electrical fire with a solid stream of water. Water fog may be applied to an electrical fire only by a qualified Fire Fighter. EXX 011421 IS III. TLAKT PROTECTION REGULATIONS 1. Parking Locations Parking locations will be designated for eacli Contractor by Owner. If Contractor desires to park cn Owner's property, all parking will be in the lot, or area designated. Posted regulations governing the use of the lot shall be followed. All vehicles on Owner's property will be at the risk of the vehicle owner, and Owner accepts no responsibility for paint or other damage to or theft of or from such vehicles. 2. Entrance Cate Owner will designate a gate or gates for the use of Contractor and for the delivery of its material and supplies. Contractor and vehicles serv ing the Contractor shall use only the designated gate tor entrance and exit to and from the Contractor's job site. Contractor will make arrange ments so that vehicle drivers will know which refinery gate to enter and the appropriate job sice location. 3. V.'alks and Roadways Valks and roadways will t as designated for the use of Contractor when entering or leaving the- . b site, when roving frcn one area to another, or when obtaining cater;:.! from Owner. Contractor shall use only designated roadways and walks. The use of short cuts or r.oncesignated pathways is prohibited. 4. Contractor Badges and Contractor Passes Contractor's crployccs shall wear that Contractor's badge at all times they are in the Plant. Badges shall bear the fire's name and each badge shall be numbered with a different number. Contractor shall supply these badges and maintain a record of badge numbers with employees' n3r.es. Employees engaged for engineering services will be required to wear badges furnished by O.'ner showing a number only. Eac'ges must be shown to the gate guard each time any employee ox Contractor enters or leaves tfie Plant, l.'nan Subcontractors to the prime Contractor do rot have their own badges, they r.ay use the prime Contractor'.s badges. 5. Use of Subcontractors The Contractor shall give the nancs of Subcontractors in writing to the Owner prior to starting work. EXX 011*22 ) 16 6. Cor Posses Owner will issue cor posses to Cootroctor's personnel who require o car in connection with the work. Requests for such passes shall be rode to the Owner. Contractor's vehicles, which bear the Contractor's none or Insignia prominently displayed, will not require a car pass, providing the driver has a badge. Such vehicles shall be restricted to the use of designated Street or streets and Plant entrance or entrances assigned for use of Contractor. All equipment on rubber tires, such as r.obile cranes , back hoes, air compressors, welding machines, etc., Duse have Contractor's name prominently displayed when being used by Contractor. 7. Material Passes All tools and materials, other than trash, thru the Contractor rccovcs from the Plant must be accompanied by a material pass ob<.ai..cd from the Owner. The material pass must be signed by a designated representative of Contractor and the Owner. The Ov.t.c' retains one copy, and the original and one copy rust accompany the material to the gate. Both copies arc to be surrendered to the gate guard. 6. Thefts Owner accepts no responsibility or liability for the theft of any property or material belonging to Contractor or its employees. It shall be the responsibility of Contractor, to furnish any police protection it deems necessary to supplement the guard and patrol service provided by Owner. Owner maintains an investigative service and will cooperatr ,`th Contractor by assisting in the investigation of all reported thefts within the Plant. Thefts of property or automobiles fren Owner's outside parking lots should be reported to local law enforcement officials. Contractor may obtain forms for reporting thefts from within the Plant from the Owner. 9. Cambling All forns of gambling arc prohibited on Owner's property. 10. Eusincss .Visitors, Applicants and Delivery Trucks Contractor shall furnish the Plant Protection Department with a list of persons who are authorired to pass business visitors, new employees, and delivery trucks to the job site. The riant Protection Department will obtain authorisation fro:n one of these people before, passing surh individuals into the riant. Special permission nest be obtained from the Owner to admit union business agones into the Plant. EXX 011*23 V. ' 17 11. Ambulance Service Contractor, vhcn working in Plant, shall rake any arrangements Contractor deers necessary for ambulance service Iron an outside firm. All accident* shall be-reported to the Owner as soon as possible, whether resulting la injury to a person or damage to the equipment of Owner or Contractor. 12. Inspection of Lunch Boxes, Packages, Motor Vehicles, etc. Guards have the right to inspect lunch containers, packages, bundles, tools, equipment and rotor vehicles in the Plant at any cice. 13. Camaras and Photographs Unauthorized individuals shall not be permitted to er.tc .* the Plant with a camera, k~r.cn Contractor desires to have photographs taken in the Plant, the Owner will provide the necessary authoria-ciwi.. 14. Liquor, Drugs, Firearms, and Explosives Any person possessing intoxicating liquors or drugs, or who is under the influence of such, will not be permitted to enter the Plant or loiter on Company poperty. Firearms and explosives will not be permitted in the plant. 15. Visiting and Loitering Visiting and loitering by Contractor's employees at or around entrance gates or other places on Owner's property will not be permitted. 16. Fingerprinting If requested by Owner, Contractor shall furnish the Owner two sets of fingerprints on each of his employees and each of his Subcontractor's employees. IV. TRAFFIC REGULATION'S 1. Equipment Required on Motor Vehicles All rotor vehicles entering the Plant shall have a horn and a muffler and be in safe operating condition. Motor vehicles, operating at night, shall have two headlights and .-.t leant one visible red tail liahi in good con dition.; Vehicles having dual wheels snail be equipped with suitable flaps on each dual vhcol so that objects will not be ejected past the flaps, to the rear, vhcn the vehicle is in motion. EXX 011424 18. 2. Driver's License Motor vehicle drivers shall be qualified in accordance with driver's license regulations of the State of Texas. 3. Warning Flags Red flags shall be used on any load that extenJs beyond the front, side, or rear of-any vehicle. 4. Traffic Signs All traffic signs and signals, whether fixed or portable, shall be obeyed, and drivers Eust cooperate with Owner's guards and others appointed to direct traffic. 5. Speed Liolt All vehicles shall be operated within the Plant's speed linit of thirty wiles per hour, unless otherwise posted. 6. Driving and Parking Vehicles shall be driven on the right side of the street and parked on the right side of the street, except when parking in designated parking areas, or when directed otherwise by traffic signs or during emergencies. Vehicles shallunot be parked on streets or roadways in such a manner as to slow down, hinder, or interfere with the free flow of traffic. Vehicles shall not be parked so as to block or interfere with the use of fire hydras or fire equipment. 7. RIght-of-Vay All motor vehicles shall give right-of-way to pedestrians, ambulances, fire-fighting equipment, and firemen (who mill be identified by driving with lights on and horn sounding), and bicycles. Vehicles shall be pulled to one side and shall be brought to a complete stop when approached froa cither direction by an ambulance, or fire equipment and firemen (who will be identified by driving with their lights on and with horn sounding). Ordinary driving courtesy shall be practiced by all drivers of rotor vehicl 8. Passengers a. Passengers shall be liir.ircd to a reasonable number determined by Owner vehicle shall not be overcrowded. b. Drivers of motor vehicles shall not permit passengers to ride on fenders, running boards, tups, or bumpers of rotor vehicles. Tassengcr shall keep all parts of their bodies inside the cab or body of vehicles and must bn heated while vehicle is in motion. c. Passengers shall not get on or off a vehicle while it is in motion. EXX 011455 ) 19. 9. Vehicles Prohibited Kotor bicycles or motorcycles arc not permitted inside the Plants. 10. Windshield or Window Obstruction Vehicles having nontransparent materials which interfere with clear visi bility through any side window or windshield shall not be operated in the riant. All vehicles shall be equipped with adequate rear-view devices. 11. "Koad Closed" Signs Areas blocked by traffic barriers, and/or "Road Closed" signs are closed to all traffic. 12. Obstructing Streets, Hoads, Tire Equipment or Fire-Fighting Facilities Contractor shall not block Toads or streets without permission from the Ov.-ncr. When Contractor's work obstructs a road or street. Contractor shall provide approved lights, barriers, warning devices, or signal men. Fire equipment, fire-fighting facilities, and fire hydrants must not be blocked by parked vehicles. EXX 011*26 /* * ; '* "i * *t*1.'-* ^, V', ^ J ' T. ' "`.''r** .*,. v*^ , ,`j ** ?*:'* "** * ** *. * :r*;-: ..>* - '-4.-r * lr -* . w* ; -% * i -- rr* * EXX 011427 '~ 36. ." 5- '0l^0 itLf'n "*~?.=r Safety tain.......................................................... Ttttgul Clothing and Protective Equipment .... Entering Procoot Araaa ................................ Vorklt| Over or Rear Utter ............... .. Cuardlng Equipment ................................. .. Bouaekeeplng ................................................... Saoklng and Hatchet ....................................... Sand aod Power Toole .................................. Electrical Toola ........................................... Laddera aod Scaffoldt ................................ Evaeuatloet ..................................................... Connectloot Into Exlatlng Equipment .. lallroad ...................................... .................... olatlni Equlpoent .................................... .. Battrdout Material! .................................. .. Coepreeaed Air -- Ttrd Air Syatea .... Warning Slgna ........................ Coepretted Cat Cyllndera .......................... Plre Prevention ~ Fire fighting ......... Working In Vicinity of Electrical tinea Refueling Vehlelee and Equlpaeot ......... Potable Water ................................................. Working on Aabeatoa Ceoent Roof ........... Traffic Safety Regulatlona .......................... Section 3 Contractor^ Safety SeapooalbUltiea Section 4 Electrical Lockout Procedurea .................................................. Electrical Circuit! aod Electrically Powered Equlpaeot Electrical Lockout ..................................................................... Electrical Dleconneet .............................................. .. II-1 II-2 II-* II-5 11-3 Il-d II-d Il-d II-7 Il-d i:- ii- 11-10 11-10 Il-U 11-11 II-1I Il-U n-12 n-13 11-13 11-11 11-1* 11-14 III-l IT-1 IT-1 n-i IT-* r.}. * \#*a *,* .Tk/;--. `I m Jj'V :*>\l r*4< .* v .i: EXX 011428 r s3K'2f^5;rTri 'li* *. ivfCJr* -" A-Sfe-SSk-.-a v. *y r VI f*grXv'.--fwt^? -57A*g| zmm*i k-7*r^?v /*TT2 /4* Title of Contents - Continued Section S lot Dork Permit Opes Areas ... Karla* Dock* . enclosed Specs* Section S Procedure for Entering Enclosed Spaces ...... Entering Without Protective Equipment ..... Entering With Protective Equlpneot ........ Standby Duties ................. ;..................................... Section 7 Opening or Blinding Panic Section 8 Cold Work Panic Section 9 Security Regulations ........................................................................................................... Perklof Location* ............................................................................................................. Eotranc* Cats ..................................................................................................................... Walk* and Roadways .......................................................................................................... Cootractor Eaploye* Badge* .......................................................................................... Contractor Vehicle Identification .............................. ...................... ...................... Katarial Paaaaa ................................................................................................................. Theft* .................................................................................................................................... C*abllng ........................................................................................................................... .. Business Visitors, Applicants, and Delivery Trucks ............... ........................ Babulanc* Service ............................................................................................................. Inspection of Lunch Boxes, Packages, Motor Vehicles, ate................................ Caacres and Photographs ................................................................................................ Liquor, Drugs, Plresraa, and Explosives ............................................................... Visiting and Loltarloga fingerprinting ................................................................................................................... tage P-1 v-J V-9 T-10 n-1 VI-2 n-j VI-6 VII-1 VIII-1 n-i 11-1 ix-i u-i ix-i n-2 D-2 n-2 LI-2 II-2 11-3 11-3 XX-3 11-3 U-3 IX-A V'rrtft ^fTr.y^ a^yr"TT4fj*yM^^a.f3oe7^t.,,5*pTO.T),.-yaywv7ra ,l - * '.y ta . *a * - EXX 011429 gggg3a ** -4v'-^---.-^ ptj0sl^ gtfeK mm m HSf > JT'^Vir.*; sfS?i 2g&(ri;q Tibi* of Contents - Continued Section 10 General Regulations .................... Authorization to Start Work ....................................................................................... Contractor's Equipment ................................ .....'........................................................ Explosives .................................................................. Oat of Lloaa. Conduits. or Structures aa Supports .......................................... Get of Stanchions or Equlpneot for Anchors ................... ..................................... hw|i to Ovnar's Property ............................................................... .......................... Operatlac Owner's Equipment ........................................................................................ Gas of Special Vehicles ................................................................................................. Sirs Extinguishers .................................................... Welding .................................................................................................................................. Securing of Teoporary SulIdlaga ................................................................................ belt froa the Plant ....................................................................................................... Gon-English-Speaklng Personnel ............................................ Hurricane Precautions .................................................................................................... Contractor Accident Reporting ................. Emergency Evacuation Procedure ......................... Contractor Safety Keetlnga .......................................................................................... fc*e x-1 x-1 x-1 X-1 x-1 x-1 x-1 x-2 X-2 X-2 X-2 x-3 x-3 x-3 X-3 X-3 x<4 X*4 .'.V * *V-> -- -.i f I ,* f* W ,J"'v imi.i T' - ,;,.f j raa <' : *. EXX 01143 * : JUS! Section 1 GENERAL DEFINITIONS FOR SAFETY MANUAL PERSONS 1. Chief Operator -- The Process person who b responsible for Process operations in a processing area ind has the authority to supervise Process personnel and issue work permits. 2. Contract Administrator -- The Exxon Mechan ical or Process supervisor assigned by the owner to assure that the contractor adheres to the plans, specifications, and Refinery safety rules. 2. Contractor -- TV /imr under rmfrart l<> Emm Cnm/xmy. USA. In unri at Wic Baylieisr Kefmcry Vie Irnn alv> include* IImre firm* rmi'hyed a* subcnilracfi** by l/ir prime nmtrarlcr. 4. Department Head -- The person in charge of a Process department, i.e.. Fuels, Specialties. Oil Movements, Utilitiesand Environmental Control, or Baytown Fuels Expansion. 5. Maintenance Supervisor -- The Mechanical person, either Exxon or iifrlnr, who has the authority to supervise the Mechanical work crew and is responsible lor their work execution. $. Mechanical Personnel or Person -- Any ol the Mechanical work crew (Supervisor, Craftsman, Trainee), either Exxon or cofi-li>r, performing .work in the Refinery. 7. Owner -- Exxon Company, U.S.A., Baytown Refinery. S. Operating Supervisor -- The second-line supervisor in Process and the immediate super visor of the Chief Operators. 1-1 Process Personnel or Person -- Any of (he Pro cess work crew (Chief Operator. Process Techni cian, or Process Technician Trainee) who has job responsibility for the assigned processing atea. 10. Safety Permit Inspector -- The person who has the primary responsibility of performing gas tests and inspecting the jobsite for compliance with applicable safety rules and standards lor the purpose of issuing work permits. 11.Standby--The person designated by the Chief Operator andfor the maintenance super visor to warn persons of hazardous or emergency conditions that could affect their safety. PUCES 1. Enclosed Space -- Any apace that can be closed or has restricted entry or exit, such as ves sels, tanks, boilers, furnaces, etc. Also included are confined spaces, such as pits, sewers, excava tions, where tne heads of personnel working are below the top of the confined apace. 2. Processing Area -- Any area under Ihe juris diction of Traces* personnel. 2. Refinery -- The manufacturing facilities of Exxon Company, U.S.A. located in Baytown, Tent. ACTIVITIES -- CONDITIONS 1. Cold Work -- Any mechanical work that does not involve hot work or opening, blinding, and entering processing equipment. 2. Hot Work -- Any work requiring the me of burning or welding and brazing equipment, exp losives, open fires, portable grinders, unattended internal combustion engines, concrete busters, soldering irons, nonexplosionproof electric motors (including motor chipper*, drills, and JaMsfea* 'bfiU 'v**. 11****"'* EXX 011431 r"=4ri>ir^ J.V^.-^inr^- S3?it2K3p*: i; ,J I* * iSSr^-iiSr; _y...JU/5>i rVjpES^-fx^i rmlvx^Sirj;-- <5^ v>t s?a is>i --l~r ^w2*TLT, il^5" ic.>,'*i 55g%g50 *l, nonexploiionproot floor or string bghts. sandblasting, explosion actuated tools, electric hot plates. or any other (lame* or sparkproducing equipment. 3. Hot Tap -- Any connection made to a pipeline or other equipment that is under pressure or has not been cleared and prepared for tapping usury conventional construction methods. 4. Opening -- Exposing the interior of any pro cessing equipment, including piping, to the at mosphere. This includes removing covers, break ing flanges, pulling plugs, etc. It does not indude draining or venting through a valve. 5. Blinding -- Installing temporary slip blinds into piping or Mind flanges onto equipment for the purpose of isolating or closing processing equipment. S. Flammable Material -- Any material that wilt ignite and continue to burn in air. 7. Explosive Mixture -- Any mixutre of gas or vapor with air that will ignite (explode) when exposed to a source of ignition. >. Oxygen Deficiency -- Any atmosphere that has oxygen concentration of less than I9.S per cent. f. Toxic Materials -- Any substance (other than a radioactive substance) that has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface. 10. Must and May -- 'Wusi" is used in the man ual to indicate mandatory compliance. "May** is used to indicate that good judgment shall be exercued. 1-3 `ZStSaisk srvwir*111 *mm mm,, .|w|i|e>Ti^ jr V'XSXWI EXX 011432 Section 2 SAFETY RULES PURPOSE The purpose of these personnel, equipment, and trsffice safety rules is to specify minimum safety requirements that must be followed to prevent Injury or death to persons end damage to proper ly. These rules in their entirety apply to all per sons. mdudmf llit contractor cm/dpyrts working in Exxon Company, U.S.A.'s Baytown Refinery. Addilnataf mfutirmnls for nwfnertnr* and Ihrir rmpfiyrrserrsfiputi in italic iyj*r throufhcnit (fir manual. DEFINITIONS Definitions of terms used throughout this manual will be found in Section 1. Special definitions that apply to a specif ic permit or work procedure are in (he applicable section of this manual. RESPONSIBILITIES 1. Supervisors are responsible for the health and safety of the people under their work di rection. They must: a. Set a good example. b. Provide adequate instruction in and require compliance with: (1) Accident prevention aspects of each job. (3) Use and application of appropriate pro tective clothing, equipment, and devices. (3) Use or application of toots and equip ment. C. Cooperate with others where the safety as pects of a job require coordinating the efforts of one or more work groups. This includes, but it not limited to. the securing and'or issuing of a yellow PERMrT TO ENTER, green HOT WORK PERMIT, white OrENINC OR BLINDING *1 PERMIT, blue COLD WORK PERMIT, or ELECTRICAL LOCKOUT PROCEDURES. d. Develop a safe work plan for the job to be done and see the' the plan is well understood and followed. a. Require additional accident prevention measures, other than those contained in this safety manual, if, in any supervisor's opinion, they are necessary. In instances or situations not specifically covered herein, it is expected that they will be handled within the guidelines contained in this manual. Safety is not to be sacrificed for production. 2. Individuals, Exxon and contactor, working in the Baytown Refinery are tesponsible for thetr own tafey and for the safety of other workers and for reporting injuries to themselves or others to their appropriate supervisor. Each person must assure nimsclf that his work situation is safe and that he has adequate instructions, proper toots, and proper protective clothing ana equipment. He must also make sure that necessary work per mits have been obtained and are valid over the term of his shift. As a minimum, each person must adhere to the following safety regulations: a. Clothing and Protective Equipment (1) Clothing contaminated with oil. hazard ous liquids, or chemicals must not he worn. If a person is inadvertently sprayed or con tacted by oils, hazardous liquid, or chemicals, the clothing must be removed as quickly as practical, the affected parts washed with soap and water, and the situation reported to the supervisor and In the [non suprrvtvr in rlityr or Conlroct Adminiclnh/r in raw of contractors. (2) Protective clothing that fully rovers the body (arms, legs, shoulders, etc.) must be a-2 <lt.ir Ml VPXTJH.S `aMJrr.weifr.vstrwfW n.p.uiwe. V ' >' EXX 011433 ^SS^rjgl *3 ^>.5^3 5tsl%S=X? 2S??*i SisSS ^s^yfcsf w-V > i1*: wom except ft certain locations specified bv the Department Heed after consultation with the Safety Coordinator. (3) Loose rlothinit. loose sleeves, neckties, or gloves must not be worn where there is a probability of their being caught in moving machinery. (4) Safety hats and safety glasses must be worn in all areas of the Refinery except at certain locations specified by the Department Head sftet consultation with the Safety Coordinator. EXCEPTION: Welders need not wear safety hats while welding. (5) Contact lenses must not be worn inside the Refinery. Employees with unusual visual Iiroblems requiring the wearing of contact enses must use appropriate eye protection as recommended by * medical doctor depend ing on occupational exposure. (For Exxon employees, the Medical Department will rec ommend appropriate eye protection.) (6) Goggles and/ot safety glasses with side shields must be worn in those areas where the possibility of (lying objects exists. (7) Chemical goggles must be worn in those areas where exposure to chemicals or liquid hazards exist. (I) Respiratory protection must be worn where the atmosphere of the work ares is contaminated by hazardousdust, toxic gases, excess vapors or fumes, or where an oxygen deficiency exists (for example, a vessel blan' keted with nitrogen). (9) Special protective clothing for the par ticular hazard must be worn where there is s possibility of exposure to arid, caustic, or M I other hazardous material. (10) Bright-colored vests or equivalent highly visible attire must be worn by mem bers of survey parties when working on or adjacent roads. (11) Safety belts attached to an indepen dently supported line must be worn: (a) When working from scaffolds, plat forms, or any other surfaces that may not afford sufficient protection against falling. (b) While working on any roof with a slope greater than one on four. (c) When working within six feel of the edge of any roof. (d) Where an oxygen deficiency exists or where the surrounding atmosphere is im mediately hazardous to life. (12) Approved ear protection such as ear plugs, disposable plugs. (Swedish wool and cotton are unacceptable), or ear mulls must be worn when working in areas designated with warning signs as "high noise area." Ear protection is required when using tools marked "caution -- hearing protection re quired when using this tool" and in areas where equipment or tools generate sufficient noise to make normal conversation d iffmilt. b. Entering Processing Are* No person shall enter a processing area (includ ing firewalls of operanng tanks) without the permission of the Chief Operator or his desig nated representative. Chief Operatot permis sion is also required when motorized equip ment initially enters a dosed processing area (radio or telephone approval by dispatcher is acceptable) No further permission is required as long as mechanical work is connnuous. Once T-`* . V-T p&rz~ r * EXX 011434 3^-:.,s^ri^*vr? *svC*aS fc^FS5; mmzm li^1 ^A3- &w*s3 zX'Ztt :V>1 'y:'3V work interrupted. such as (or lunch break*, permission must a^ain be obtained. Vehicle* entering these areas may be required to have spariproof muffler* or their equivalent a* re quired by the Chief Operator or the Contract Adminisfrafcir m the cav a( amlrtcim tetude*. c. Working Over or Near Watar The U .S Coart Guard approved life preserver* mutt be worn when working on barges or di rectly over water, such as under the docks, from a boat, above pits, etc. d. Working On or Over Machinery (1) Do not work on moving machinery or above open operating machinery unless it is impractical to shut down the equipment. In such instances, secure Maintenance Super visor's and'or Chief Operator's approval and take necessary precautions before proceedHE- (2) Do not start up machinery unless all guards are in place. EXCEPTION: In temporary situations where guards must be removed to make running adjustments, secure Maintenance Super visor's sndtor Chief Operator's approval be fore proceeding. a. Guarding (1} Temporary openings in floors. handraSs. etc., must be guarded to prevent falling. Re store permanent handrails and guardrails immediately after need for opening has en ded. (2) Open eacavalion* or manholes must be guarded or covered before leaving the job and during the job If practical. (3) Areas into which materials or tools are to 1-5 be deliberately dropped or thrown must be guarded or protected. f. Housekeeping (t) Aisles, passagrways. stairs, platforms, and ladders must be kept dear of all unneces sary obstructions. (2) Protruding nails that present a snag or puncture hazard must be removed or bent down. (3) Worksite must be kept clean and orderly. (4) Debris (induding mud from wheels) that falls from transporting vehicles must be picked up. g. Smoking and Matches Smoking in the Refinery escept at approved locations is prohibited. "Strike-anywhere" matches must not be brought into the Refinery. h. Hand and Power Toots -- Portable Machinery (1) Defective tools must not be used. (2) Tools must not be subject to undue stress or used for purposes for which they are not designed. Makeshift toots must not be used. (3) Portable Machinery must be shut down for repair work. If it is impractical to stop or shut the equipment down before working on it. secure Maintenance Supervisor's approval before proceeding. (4) Abrasive wheel tool rests must be ad justed to within Vk-ineh maaimum of the wheel. Do not use abrasive wheels that are visibly in bad order. (5) High-speed abrasive wheels must be properly guarded as required. Do not stand *4 EXX Oil435 hh .r*;-o* ~aiT,<^y-^<. iX *^55 gsgsia i line of unguarded wheels. () Tools must not be started or used unless 11 required guards are in place. i. Electrical Tools and Equipment (1) Electrical switches must not be operated without lull knowledge that the results will not constitute a safety hazard. (2) Portable electrical tools, metal buildings with electrical service, and electrical equip ment (including motor-driven welding ma chines and portable generators) must be grounded Report them to the Maintenance Supervisor if they are found to be defective. EXCEPTION: Double insulated tools and engine driven welding machines may be used without grounding. (3) Cenerat purpose two- or three-cell flashlights (1.5 volts per cell) may be used everywhere except where use is prohibited by governmental agencies, such as at the docks. (4) Eiplosionproof, approved portable lights (Underwriters Laboratory or Bureau of Mines approved) must be used where hot work is not authorized. This includes porta ble eiplosionproof hand lamps, portable eiplosionprouf floodlight*, and eilension cords (plug boards) with eiplosionproof fixtures. EXCEPTION: Fixed-mount, take-up. reeltype mechanic's lamp or other special appliances that have been specifically ap proved by the Department Head. (5) Vaporproof globes must not be removed except for cleaning, repairing, or replacing lamps. Eiplosionproof futures shall be opened only by authorized persons. a-r Ladders and Scaffolds (1) Ladders must be checked to insure that they are in good condition before use. Porta ble ladders must either be held or lashed se curely while in use. Where practical, the siderails shall extend at least 36 inches above the landing. (2) Ladders must be located where possible where they cannot be bumped. When located in areas such as in front ofa door, in the street or aisles, etc., adequate precautions must be taken to protect both the climber and others who may be in the area. (3) Cood working techniques must be used when climbing, working from, or descending a ladder, such as holding with both hands and keeping the body within the siderails of the ladder. (4) Scaffolds must be constructed to support at least four times the maiimum intended load without failure. ($) Platform planks must be laid with their edges close together so that there are no spaces large enough lor tools or fragments of materials to fall through. (() Swing scaffolds must be lowered and lashed at the end of the shift. (7) Access ladders or other safe means of ac cess to all scaffolds must be provided. (I) Standard handrails and toe boards must be provided on all scaffolds 10 feel or more in height. (9) Tools or materials on scaffold platforms must be placed in such a manner that they will not create a tripping hazard or become dislodged and fall. (10) Alterations to scaffolds must be re- 114 `rtttfl-Wrni * EXX 011436 ported to the appropriate supervisor. (11) Non Conductive ladder* or mfleldt mutt be used when working on open ener gized eiectricil cimiiti. k. Excavations (1) Do not enter or work In excavation* that wOl require a penon's head to be below the level of the ground until: (a) Obtaining a yellow PERMIT TO ENTER. (b) Shoring or eloping the excavation to prevent sloughing of earth, (C) Effectively *toring or retaining exca vated material at least two feet from the edge of the excavation and (d) A ladder or ramp for safe entrance and exit has been provided. (2) Guard orcoverallexcavations before leav ing job. and during the job if practical. (3) RED CONCRETE UNDERGROUND signifies the presence of an electrical circuit. Stop excavating and notify the Maintenance Supervisor and the Conlrtfl <4diinrs/nrAir m case nj fonlnclitr rm/fiyirs. I. Connections Into Existing Pipelines, Equipment, or Service After a tic-in has been made connecting new " construction to existing lines, equipment, or sewer*, the whole pipeing equipment or sewer system involved must be considered the same as existing lines and equipment, and applicable work permits must be obtained from the Chief Operator before additiooat work can be done on any of these lines or equipment. After new II tewer* have been tied kilo the sewer system, eny hot work in the area of the new sewer must terminate. Any further hot work requires a new HOT WORK PERMIT. mi. Railroad (1) Constructing or placing any permanent or temporary obstructions closer than eight feel six inches horizontally from the cen terline of the track or 22 feel vertically from any top of rail is prohibited without specific authorization from the Exxon Supervisor re sponsible for railroad trackage. (3) Riding on railroad equipment is prohi bited. (3) Tank car ladders and hand irons must be used. Do not jump from loading rack to tank car. from car to car, or from car to ground. n. Hoisting Equipment (1) Keep clear of suspended loads. (2) Hoisting equipment must be operated so as not to endanger other people or damage equipment in the operating area. (3} Blocks, hooks, balls, or crane loads must not be ridden. Approved sling or bosun chair must be used. (4) Loads suspended from mobile equip ment must be secured to prevent swinging. (5) Guy lines, mooring lines, or load line* must not be placed in such a position that they will tighten against operating equip ment, pipelines, tanks, or machinery. (S) Insulating swivels must be used on ad bosun chairs or baskets when supporting a 10 EXX 011437 S PK?rs0sss^ssa iy*9 liiif pS?2g|l welder B. Hazardous Materials (1) Note locations of eyewash fountains and safety showers and know how they work. (3) Labeled containers must be used for han dling hazardous materials. P) Dismantled or relocated equipment that has been in "hazardous material" service must be' identified by tagging or other physi cal marking. (4) Solvents for cleaning purposes mutt be vartol, or other approved materials. (5) High boiling point materials (above TOOT) from catalytic cracking operations or other highly aromatic or toxic materials are hazardous and precautions must be taken to prevent breathing of vapor or contacting the skin. If these oils do come in contact with the skin, they must be washed off promptly with soap and water. (6) Appropriate Process Unit Instructions (rUII or Mechanical Operating Practices (MOP) must be followed when working in areas where tosic materials are present. p. Compressed Air -- Yard System (1) Compressed yard air must not be used to clean clothing or personnel except at outlets that are especially equipped to permit a maximum pressure of XI psi. (2) Compressed air must not be used to open plugged sewers. P) Compressed yard air must not be used for breathing purposes. 11 q. Warning Signs Caution and warning signs must be obeyrd including use of specified protective or safety equipment. r. Compressed Cas Cylinders --Transporta tion, Storage, and Use Observe the following in the transportation, storage, and use of compressed gas cylinders: (1) Protective caps must be in place when cylinders not in use. P) Full cylinders (except chlorine) must be stored and transported in vertical position with caps on. Chlorine cylinders must be transported in the horizontal position. Sepa rate oxygen cylinders in storage from fuel gas cylinders or combustible materials(especiaDy oil or grease), a minimum distance of 20 feet or by a noncombustible barrier at least five feet high, having a fire-resistance rating ofat least one-half hour. P) Holders, chains, or keepers must be used to prevent overturning. (4) Empty cylinders, except acetylene, may be stored and transported in a horizontal po sition. Acetylene cylinders must be vertical at all times. (5) Cylinders in a vertical position must be secured with a suitable keeper while con nected to equipment. (6) Pure oxygen and chlorine must not be allowed to contact hydrocarbons in any form. P) Rough handling of cylinders must be avoided. (I) Oxygen or acetylene mutt not be used for testing purposes. 12 EXX 011438 rl^j Agaa-aT s^ir(p2rsj -a^f?5Kr-v (t) Hazardous compressed gases mull not be released Into enclosed iptcn (10) Compressed bottled }im ml! not be used to dean clothing or personnel. (11) Oxygen or ocetylene cylinder* must not be taken brio endosed space* except Into storage tanks where door sheet has been re- (11) Repair of leaking compressed gas cylinder* must not be attempted. If cylinder can be moved, move to a safe location and allow to deprrssur* itself. If it cannot be moved safely, dear area and allow the cylin der to depressure. If the cylinder is chlorine, evacuate the area and initiate procedure out lined in MOP-C4. If hah involves cm tractor cylinders, the Contract Administrator must he immediately notified. a. fire Prevention -- Fir* Fighting (1) No one shall go to the scene of a (ire unless directly involved or assigned to fire fighting activities. Others not having operat ing duties shall evacuate the fire area. Con tractor rmjileiyees must proceed to a prearranged assembly area. (2) Fire-fighting equipment access must not be blocked by traffic or other equipment (3) Electrical fires must not be fought with a solid stream of water. Water fog may be applied to an electrical fire only by an Exxon fire fighter. L Working In the Vicinity of Electric Unas When it is necessary to operate cranes or der rick* or perform other work within 10 feet of open electric line* (measured radially), the Maintenance Supervisor must consult the Utilities Chief Operator or the Con tract Admmo- Inter in the cose if contractor unrt to determine whether the electric lines can be deenergized. No work can proceed until the electric lines have been deenergized or until guards have been installed. Install approved guards when it is necessary to install guy lines across any elec tric lines to prevent guy lines from coming in contact with the electric lines. All work on open electric lines must be done in accordance with Mechanical Safety Procedure No. 8. U. Refueling Vehicles and Equipment Dispensing gasoline and fuel must be done through a pump and hose. If not possible, ap proved (Underwriters Laboratory or Factor Manual approved container for flammable liq uid) safety cans with flexible spouts must be used. Vehicles and equipment engines must be turned off during refueling. v. Potable Water Drink water only from potable water outlets or from authorized containers or drinking foun tains. w. Asbestos Cement Root When installing or working on an asbestos cement roof, workers must use a spreader hoard or roofer ladder to distribute their weight over a minimum of two purlins. TRAFFIC SAFETY REGULATIONS Unless covered by a specific regulation in this Safety Manual, traffice regulations for safe driv ing inside the Refinery are the same as the regu lations of the State of Texas Motor Vehicle Laws. 1. Equipment and Identification Required on Motor Vehicle* Alt motor vehicles in the Refinery must be in safe operating condition. When entering the Refincry. EXX 011439 cattfsi 1 m 'HgZ&fiSte D non-company vehicles mutt display a valid stale inspection sticker on the windshield. As a minimum, the following equipment must be in proper working condition lor the vehide to be considered safe: (a) brakes: (b) lights -- two head lights. tail lights, brake Iqthts, (c) hom; (d) muf fler, (e) safety glass: (0 windshield wiper and rear-view mirror, and (g) turn signals. Vehides having dual wheels must be equipped with suit able flaps on each dual wheel so that objects wiO not be ejected past the flaps to the rear when the vehicle is in motion. Conlnclort' srf/-prpprfirrf. rvHk-r-firn/rffui|mni/ must htvt mn/raclpr's nameur mtifttit prominently ds/Wayid on toll/ sides f the sefnde. 2. Driver's License Persons operating motor vehides in the Refinery must have a valid operator's (automobile) license as a minimum. 3. Warning Flags Red flags must be used on any load that extends beyond the front, side, or rear of any vehide. 4. Traffic Signs All traffic signs and signals, whether fixed or portable, must be obeyed, and drivers must coop erate with owner's security officers and others appointed to direct traffic. 5. "Road Closed" Signs Areas blocked by traffic barriers and/or "road dosed" signs are dosed to all traffic. Follow pro cedure specified in PUI-S5 for blocking Refinery streets. S. Speed Limit All vehicles must be operated within the Refin ery's maaimum speed (unit of 30 miles per hour, unless a lower speed is posted. -i$ 7. Driving and Psrtdng Vehides must be driven on the right side of the street and parked on the right side of the street except when parking in designated parking areas or when directed otherwise by traffic signs or during emergencies. Vehides must not be parked on streets or roadways in such a manner as to slow down, hinder, or interfere with the free flow of traffic. Vehides must not be parked so as to block or interfere with the use of fire hydrants or fire equipment. 3. Righl-of-Way All motor vehides must give the right-of-way to pedestrians, ambulances, fire-fighting equip ment and firemen (who wUI be identified by driv ing with lights on and hom sounding), and bicy cles . Vehicles must pull to one side and be brought to a complete stop when approached from any direction by an ambulance or fire equipment and firemen. Ordinary driving courtesy must be prac ticed by all drivers of motor vehides. t. Passengers a.Passengers must be limited to a reasonable number so that vehicles will not be over crowded. b. Drivers of motor vehides must not permit passengers to ride on fenders, running boards, tops, or bumpers of motor vehicles. Passengers must keep all parts of their bodies inside the car or body of vehicles and must be seated while vehide a in motion. C. Drivers of mobileequipment must not permit Kssengers unless special accommodations ve been provided. d. Passengers must not get on or off a vehide while it is in motion. B-H aav'.V' < - - - EXX 011440 jcy^*r'y-?.-lfy-/rv^^~,~-t" c^o f 10. Vehicles Prohibited Motor txcyrics or motorcycles ere not permitted inside the Refinery esoepl to end from the dateruled "motorcycle only" perk me arras provided near gale*. Campers and recreational vehicle* are not permitted in the Refinery if loaded with eear or if they are otherwise difficult to inspect. Pressurised l tel containers shall be disconnected from refrigerators. Stoves, etc., when a camper or recreational vehicle is in the Refinery. 11. Vehicle Entry Into Processing Areas Vehicles must not enter processing arras, includ ing tank firewalls, without the permission of the Chief Operator or his designated representative. EXCEPTION: Roadways through processing areas where entry is not prohibited by a sign or barrier may be used without permission of the Chief Operator. 12. Windshield or Window Obstruction Vehicles having nontransparent materials that in terfere with dear visibility through any side win dow or windshield must not be operated in the Refinery. All vehicles must be equipped with ad equate rear-view devices. 13. Failure To Comply With Regulations Any person may have his in-plant driving privileges canceled or be subject to disciplinary action, or both, for failure to comply with these traffic regulations or for the improper use of his vehicle. IT .yyayt# I.eaeis.a.a apyqeyws wajaMivr sywetei. iaiite :.iwg.u|,*n w EXX 01144} `^c^o ^^S^-r^f-JI Section 3 CONTRACTOR S SAFETY RESPONSIBILITIES PURPOSE TV puqcne of the personnel and equipment safety regulations contained in Hi is u\i**i a Ic sel out safety requireimvts fv contractors. which arc in addition to those CiuilaineJ in other fcvfaxis of Ihtt manual. Eoch contractor must like my additional prrcautums MMitiy or phyer under llie circumstances to present in jury or death to )>ersons or damage to property. SPECIAL DEFINITIONS 1.0u>ner-for ;<urjv*>-> of there safely regulations, "auner" shall mean [non Company. U.S.A. liiwition of Elion Corporation). 2. Contnet Administrator - The l>erson assigned ty the inner to assure conIriclorijhetmce lo Iheeonlnet provisions. 2. Conlnclor - The firm tint lilt been eonlneled by the Elion Coni/ony U.S.A. to perform kvfi It the toylonn Refinery. The term alto intinJet Ihotefirmt employed it subanlraeton lo llie prime conlnclor. 4. Maintenance Supervisor - The Mechanist per son. either Eiiiwi or eontnclor, who hit the luthorily lo Supevise the Mixliinicil uvrk crew md the retjum- tihihfy fur theiruvrl elocution. Atuted inthitteclion, the Meinhnonce Su/tervisor refert specifmlly to the contractor ftrtl line supervisor. RESPONSIBILITIES 1.Contractor, at an independent eontnclor, a nrtpontible for prforming work under the contract m a beilthful and safe manner including protecting the safety md welfare of oilier contnctori ind the owner's pertonnei and equipment. These regulitioni are to be Considered at in addition to my safety rules or regu lations of the contractor. Neither compliance with the ngulalums by contractor nor owner's approval of any actions or procedures of contractor as provided therm Shall relieve contractor of its obligator always to use due cart in performing vrt. 4. The contractor is roponsible for btforming his employees of the required safety rules and Out the employees adhere to said rules. b. The prime contractor a retponsiNe for issunny Compliance with these regulatums by all subcontrac tors and their emphyets. Conlnclor must notify its employees. its subesmlraetors. and the emphyees of its mlnonlractors of these provisions of the regu lationI and shall secure cttm/dianre thereuntil by all such imrlies; and cuntrack<e must not allow any of Such /srsuns to begin wvrl inside the Baytown Re finery until such nolificatvn hat been given them. e. Conlnclor must observe md comply with the Teias Oceu/iatumil Safely Act (Article 5142a, V.C.S.I and with all safety anJ health standards prtunulgilnl by the Si'crclary Of Lalvr under Section t07 of the Conlroet Work Ihum and Sluulards Act. published in T9 CFR Part 1926 and adiyted by the Secretly of Lotvr is ortviulumafsafety md luolth sluulards under the WiltiamsSteiger Occupational Safety and Health Act of 1970, ami lo any ether legislation enacted for the safety and health of con tractor eni/doyees. Such safely and health standards aifly to all subcontractors and their employea as wiII as lo the contractor and its tmployets. (J. Nothing contained in these regulations shill be interpreted lo enlarge the legal duty of the owner to the conlnclor. his igcnts. employees, or subcontrac tors. 2. Maintenance Supervisor* ire responsible for the safe conduct of their fobs and for Iht safety of tht persons under their direction. Specific supennuy rrsponsibihties art contained in Section 1-2 of this manall. Each Maintenance Supervoor is responsible for assuring that each individual under his direction un- EXX 011442 4a?*S57^f7Sii<JgJ pv'C5'j fc**?ass5i &is3'i4r!/r<j! <r?r ia.~r*rzr v/* c- drrsiands and adhrra to (V to/trly mlrt contained m Section 1-2 (ha mil. 8. Jadii'ufce/pmon doiny *x>rt in (/if Refinery must assure himself that the weft situation is to/rend that he has the proper instructions, torVi, end protective equipment. Each person mutt become fimiUar with uni adhere lethesafety rules contained in Section I-2 of this 4. Contract Administrator unit memibir the contrac tor't performance to assure tafe execution of the mert Specified in Ihr contract. He anill. on proper rtquest. mailt the contracted m dealing with other monte pertonnet to obtain safety permits and to imptement other safety related procedures. He will insure that all amtractor'i Maintenance Supervisors are properly mdoctrinated in the relevant safety refutations. PROCEDURES 1. Work Execution All work in processiny areas must heperformed untk the approval of the Chief Operator responsible for the am. The Maintenance Su/vrvisor must coordinate his rl throufh the Chief Operator and must keep him mformed m to the number, location, and activities of contract personnel. Any work performed after normal kvrkinf hours and on uaetends and holidays require authorisation by the ounce. Such authorization will be obtained by the Contract Administrator. 2. Required Work Permit* end Procedure* before beyinninp any unit in processiny areas, an ap propriate permit must be obtained from the Chief Operator or his desifnoted repraentative. Required work permits and procedures ore: . Electrical Lockout Procedure - Section 4. b. Hot Wort Permits - Sectam 5. t. Permit to Enter Enclosed Spaces - SeHum t. m-3 d. Openmf or bhndinf Permit - Section 7. #. Cold Wort Permit - Section t. Other tonrt procedures may be specified in spccialixrd urt situations such at hot lap pnxedurc. procedurefor cleeninp tanks, etc. r on and Chemlcol Spffla Any hydrocarbon or chemical spill, whether accidental Of otherwise, must he reported to the Chief Oprrakrr ond the Contract Administrator. 4. Connection* Into Owner'* Utilities System* Permtssiin must he obtained from Contract Admmistrator prior to connecting into owner's utility system such as. tut not limited to. water, air, nitrogen, and Steam systems Each connection shall he guarded by a check ru/tr. When taking water from fire hydrants, the center valve must be opened completely 5. Contractor'* Equipment . All equipment brought into the Refinery by contractors must be in safe operating condition. Autlioriwd ouster /vrsonnel may at any time msjrct contractor's equii<ment. Such inspection in failure to inspect does not reticle the contractor of its respon sibilities for the safe condition of its equipment. b. Equipment must be operated only by properly licensed prrums. C. Load limits for the Son Jacinto Street overpass are a maximum axle load of 32,000 pounds and a maximum jfrivs had of 72.000 pounds. A tandem axle load vriiide will be considered as King a single axle. I. Working Over or Near Water - Ring Buoys ni'l/i at least 40 bet of line must lr readily atmilable for rescue Ofsratums Distance hrtuvrn ring buoys must not exceed 200 fret. b.4 lifr saving skiffmust he immcdiateli/ataiabic m-t uLs*Hd^aOdtf* ` we*Ojy* ~ mw* lw "'*** 4 * r ..UVTV^'W-T .* .. i'J1 EXX 011443 *' kurtxms vhenr reruns ere Hurting over or die- ant voter. 7. Wert Involving Use of Ionizing Radiation Controeton mutt not perform any avrt iniulmng the ore of uniting roJirtrm nrthoul nolifictlrui to the Elton So)<en>aor in tiierge ,w the Contort AJmmntribe. A COLD WORK PERMIT mutt be oblimed to perform this type uvrk in processing trees ContreeUirt mutt eirnifdy villi "Tetri Regulstuni for Control of Redahon," lotett tditxmi. Tent Stele Dcfnrtment of Heollli, Dn'ttxm ofOcrupetsHirl Hrtlth end Rodtriton Control, Autltn, Tens, together villi ell future omitidments. odditnnt. end revtsxms to tetd reguletumt end HonJorJs. Ouner rrtenn the eight to Conduct independent end untilnounced rtdielum en ergy surveys of rontrrelor't equipment end their uses on outlet's premises. H-S F*tfcl mmi WM mm Section 4 ELECTRICAL LOCKOUT PROCEDURES ELECTRICAL CIRCUITS AND ELECTRICALLY POWERED EQUIPMENT PURPOSE The purpose of these procedures is lo protect anyone who works on either electrics! circuit* or electrically powered equipment from injury or death. SPECIAL DEFINITIONS Electrical circuits and electrically powered equipment do not include (1) lighting circuits for the purpose of relamping. (2) circuits of less than 100 volts, or (3) circuits that must remain ener gised. For circuits that must remain energised, a blue COLO WORK PERMIT may be required (tee section 8). RESPONSIBILITIES 1. Process person is responsible for isolating and preparing the equipment to assure it it in safe condition for mechanical work. 2. Person performing work is responsible for as suring himself that the equipment it safe for him lo do his prescribed work, snd that he has tagged and locked out the equipment in accordance with the electrical lockout procedures. 2. Contrtctor Aiminiitrttot it the contractor's con tort With Process personnel for preforming itnri under At ttrrtrietl iortouf procedure. PROCEDURE 1. Lockout Procedures -- Before anyone works on electrical circuits or electrically powered equipment where they could be endangered, the IV-1 i. r.w e-'' >sj electrical supply must br turned off and locked out In accordance with the following procedures: a. Shut Equipment Down -- The Process per son must shut the equipment down at the local atari-slop switch or local "Hand-Off-Auto" twitch. In case there are remote start-stop twitches on this equipment, he must notify other operating personnel responsible lor oper ating the remote start-slop switches and re quest that a white DO NOT OPERATE lag be placed on the start-stop twitches. II the startstop switch it located on a control panel, then it must be covered with a section of DO NOT OPERATE pressure-sensitive tape. b. Lock ind Tag Disconnect Switch --The Pro cess person must turn the disconnect switch to the off position, lock it with a Process lock, and tog it with the while DO NOT OPERATE tog. If a Process or another person is to work on the equipment, the Process person must use a mul tiple lockout adapter. The Process operations lock must be in the position closest to the twitch. All Process locks will be identical, and the aame key will unlock all of them. C. Check Disconnect and Tag -- The Process person must try the local pushbutton station to be sure the correct disconnect switch is locked out. When the local control ttalion ia a "Hand-Off-Auto" selector twitch the process person must lock (he twitch in the "Off' posi tion. Hr must then tag the pushbutton or detec tor switch with a white DO NOT OPERATE tog. d. Enter in Log -- The Process person must enter the lockout" in the Process log book. a. Apply Mechanical Lock -- Before mechani cal work is performedon equ ipment. a mechan ical lock must be applied by (hr person perform ing the work. rvt EXX 011445 m&m&k %irj=s3a?5?a $sghmpg&&L (1) Mechanical Perron -- EkIi Mfchinicit person who works on the equipment mutt lint odd hit own loch end red DO NOT OPERATE tojt on which he will write ho fume, thill, end the date. It it the responsibil ity of each penon working on the equipment to atture hit own safety by keeping hit lag and eidividual lock on the disconnect twitch while he works on the equipment. If two or mote people in the tame cralt are wotting together on the equipment, only one mechanical lock and red 1)0 NOT OPERATE lag are required. 1/ a <KMtr.1iir rmffiyir it Af lie mwi. hr mail hit mi Ciiin uvf*anii/-lyjv lul mid thr a/yirsyinati' ehvtntl /itinuf rnrduret fag ohUimtl ftimi thr Cimlrm'l AJmmiyfralor Hr mutt rnfi'in ffir fag An nameend thr name if flic contrsrhir firm. (2) Process Penon--When a Process penon it to perform wort on the equipment, he mutt obtain hit individual mechanical-type lock and key from the supply in the control. room or center and then follow the above procedures in eO). f. Remove Lock and Tag -- Locks and DO NOT OPERATE lags mutt be removed at follows: (1) Remove Mechanical Lock and Tag -- At each penon finishes hit work, he mutt re move hit own lock and red DO NOT OPER ATE lag. At the end of hit work shift, he mutt remove hit lock and tag whether hit wort it finished or not. This duct not include the original Process lock or white DO NOT OP ERATE tog. (?) Remove Process Lock or Locks and Tags -- The Process lock or locks mutt be the last to be removed When the local control station it a "Hand-off-Auto" teltcior twitch the lock on this selector twitch mutt be the latt re moved Thr Process person, after determin ing that it it safe to do to, mutt remove the Process lock or tods and while DO NOT OPERATE tags and mutt notify other operat ing personnel to remove the white DO NOT OPERATE tags or DO NOT OPERATE pressure-sensitive tape from remote sLirltlop switchet. He must then enter the lock removal in the log book. (]) Emergency Lock Removal -- If it becomes necessary to remove a lock by other than the Mechanical person who installed it. only the Shift Superintendent it allowed to remove it. Upon removal of the foci, the Shift Superin tendent mutt tend a note to the Department Heads of the Process and Mechanical Departirwntt stating whose lock was removed, where it was located, and why it was re moved. A log of the tame information mutt be maintained in the Shift Superintendent's office. A matter key for (he mechanical per son's locks mutt be kept at the Shift Superin tendent's office only. 2. Wiring Disconnect Procedures -- For tome types of work, the lockout procedure alone it not adequate. Such work includes, but it not re stricted to, the following: (1) work on fans inside cooling towers, (2) work inside confined spaces containing electrically powered equipment such as misers or filters or electrodes (desalters), and (3) work on equipment where the switch controls more than the one piece of equipment. In such cases, this wiring disconnect procedure mutt be followed: I. Lockout Equipment -- The disconnect switch must be locked out in accordance with the above lockout pr--edure in this section. k Check and Disconnect Circuit -- After mak ing sure the circuit is dear by checking with a EXX 0114*6 m VSrZXTj Spse--* aaeggifej it -j ,*AS&asSr'^ voltage tester. the Mechanical or Process per* on must disconnect the wires nd tape them together. C Tag Circuit-- The Mechanical or Process person must tag the disconnect switch with a yellow WRING DISCONNECTED tag. On the tag, he mutt note where the wiring it discon nected and must sign and date the tag. d. Remove Lock and Red DO NOT OPERATE Tag -- After the wiring has been disconnected, and taped together, the Mechanical or Process Krson must remove his individual lock and red ) NOT OPERATE tag unless he must do other work on the equipment. Do not remove the yellow WRING DISCONNECTED lag. t. Wiring Reconnect--The Mechanical or Pro cess person who reconnects the wiring must place his individual lock and red DO NOT OP ERATE tag on the disconnect switch, reconnect the wiring, and then remove his lock and the red DO NOT OPERATE and yellow WRING DISCONNECTED tags. Ifa contactor em/<l<yrc e> . doing the wori, he muttobtain the rrijuircd tagsfrom the Contract Administrator and follow the abme wiring disconnect procedures a through r. He mutt alto include on the tags the name of the contractor's firm. 3. Abnormal Condition Procedures -- Condi tions may exist that appear normal but actually are not. The following are examples of such abnormal conditions that require use of the orange AB NORMAL CONDITION tag Such abnormal conditions include but are not limited to the fol lowing: (1) temporary power to equipment (2) inside plastic handle broken off switch so outside handle will not operate switch; (3) one pushbut ton inoperative but another will operate equip ment (4) a switch is left energized but a part of the equipment supplied by it is disconnected, such as IV-S one out of several motor-opera led valves (MOV) supplied by one circuit Weaker; and (5) a switch is off and tagged out but a separate circuit is still supplying power to the switch housing for con trols, lights, heaters, etc. S. Application of Orange ABNORMAL CON DITION Tag -- Before a Mechanical Person leaves electrical equipment with temporary wir ing connected or with any other abnormal con dition existing, he must tag the equipment with orange ABNORMAL CONDITION tegs; he must place one lag on the outside of the equip ment and one inside on the wiring if it is practi cal to do so. He must describe the abnormal condition on the tags and must sign and date them. The abnormal condition must be entered in the log book. Ifa contractor emfhyer is doing the axvt. he must obtain the tags from the Contract Administrator and/>roerrd according to a and b. In addiliim, he must also include on the tag the name of the contractor's firm. b. Removal of ABNORMAL CONDITION Tags -- The lags must remain in place until the equipment has been relumed to its normal condition. The Mechanical person who re moved the temporary wiring or eliminates the abnormal condition must remove the tags and notify the Chief Operator responsible for the equipment, who must enter the action in the log book. POWER LINES PURPOSE The purpose of these procedures is to protect anyone who works on or near power lines and on direct-connected Process equipment from injury or death. SPECIAL DEFINITIONS L Power Lines--Those electrical lines that radiate IV4 ~rm.'rr w.T.err vn-..s vtmm nwrtn" EXX 011447 * JTSTi* - :r ^Vt^Sv. from generating stations and distribution substa tions. S. Direct-Connected Process Equipment -- A piece of electrical equipment on a Process unit supplied by a single power line having its electri cal disconnect switch at an electrical substation or at a power plant. 3. Electrical Maintenance Supervisor -- The line Crew Supervisor or the Power Systems Mainte nance Supervisor or their designated representa tive. 4. Utilities Chief Operator--The Process person responsible for the operation of the power sys tem. 5. Electrical Mechanical Person -- Any lineman, electrician, or Mechanical person working on the power system or on the direct-connected Process equipment. I. Power Plant Process Person -- The Process person who operates the power plant. RESPONSIBILITIES 1. Electrical Maintenance Supervisor is responsi ble for requesting that power lines be removed from service and relumed to service and for de termining that the lines to be worked on are deenergised and tagged out. 2. Process Chief Operator or His Designated Representative is responsible for the removal and return to service of direct connected process equipment. He is also responsible for requesting the Utilities Chief Operator to deenergize the cir cuit serving the equipment and lag out. 2..Utililies Chief Operator i* responsible for au thorizing the removal and return to service of the power lines to be worked on. 4. Electrical Mechanical person is responsible for assuring himself that the equipment is safe for him to do the prescribed work and dial the follow ing provisions of these procedures for which he is responsible are carried out. Power Plant Process person is responsible for. removing from service and returning to aervice power lutes to be worked on and for properly *Wbng PROCEDURES 1- Procedure for Removing Power Lines or Direct- Connected Process Equipment from Service. a. Request for Removal of Power Lines or Direct-Connected Process Equipment from Service: For power lines, the Electrical Mainte nance Supervisor must make his request in person to the Utilities Chief Operator. For direct-connected Process equipment, the Pro cess Chief Operator or his designated repre sentative must request the Utilities Cnief Operator for removal of these particular power lines frum service. If a cxmlroelnr m/iiiyrr a to atiri on ftttirr tinrt ir dti elertnea! uorl on Process equipment, the Contract Admiiiitralor mutl make the arrangemmti for rttnoring the linesfrom tenner anJ for reluming limn In tenner b. Removal of Power Lines or DirectConnected Process Equipment from Service: The Utilities Chief Operator must make the necessary arrangements with the Power Plant Process person to remove the power lines or the direct-connected Process equipment from service. C. Check Circuit Removal before Work Be gins: For power lines, the Utilities Chief Operator, Vie Electrical Maintenance Super visor, and a representative of lh<- group actu ally doing the work must personally observe that the line has been removed from service by EXX 0U 44fl lowering (he cfcniH breaker or opening the diaconnect switches at each substation and power plant involved. They must then tag on the equipment by attaching the red IOWER UNE DISCONNECT lags filled out and aigned by the Utilities Chief Operator and aigned by the Electrical Maintenance Superviror on the equipment at each subsLaSon or power plant Involved. If work is bring done on a line by more than one group, then each group mutt be protected by separate red POWER LINE DISCONNECT tags. For direct connected process equipment, the Process Chief Operator or his designated rep resentative shall notify the Utilities Chief Operator that this equipment has been re moved from service and is ready for tagging. The Utilities Chief Operator will proceed to the site of the direct connected equipment, where he wO meet the Process Chief Operator or his designated representative and a representative of the group which will actually work on the equipment. The Process Chief Operator or his. designated representative will fill out and aign a red POWER UNE DISCONNECT tag and personally give that tag to the Utilities Chief Operator, verifying the equipment is ready for tagging on. The Utilities Chief Operator will keep that tag. and along with the representa tive of the group which will actually work on the equipment ne mutt then proceed to the electrical substation and observe that the cir cuit serving the equipment has been removed from service by lowering the circuit breaker or opening the disconnect twitches. They must (hen tag on the appropriate cirmil breaker with a red POWER UNE DISCONNECT Lag fated out and signed by the Utilities Chief Operator iv-* and the representative of the group which trill actually work on the equipment. After com pleting that step, they must proceed to the Power Plant and tag on a red POWER LINE DISCONNECT tag filled out and signed by the Utilities Chief Operator and a representative of the group actually doing the work on the equipment to the remote switch serving the equipment. Finally, the Utilities Chief Operator and the representative of the group actually doing the work will return to the site of the direct connected process equipment and sign and tag on to the local start-stop switches the red POWER LINE DISCONNECT lag orig inally signed by the Process Chief Operator or his designated representative. After complet ing this procedure the work can begin. In the rev pf eoniraekte personnel (lir eonlractor't Sirprrvonr end the Contract Administrator must arroni;ieriy the Utilities Chief Operator m the msprrlNVi and l/ir Contractor's Supervisor along with the Utilities Chief Operator must sign em the distenneet tags. Before any work is done on an open power line up to and including 13.800 volts, the line must bt checked with a voltage tester and a ground chain must be putted across Ihe line to assure that it is deenergised. d. Return Power Lines or Direct-Connected Process Equipment to Service: To return a power line to service, the Electrical Mainte nance Supervisor must personally report to the Utilities Chief Operator that the work has been completed and accompany the Utilities Chief Operator to the substations and main power plants and properly tag off the power lines by signing and removing the red POWER D2S- rv-io i.acf sjiyumiviwiii EXX 01l**9 mm a^ta*a,aaa^^ lf rsSjEy-S^ ;3C&;3 11# Igf**' rp--,_ CONNECT tigs at the electrical substations And 11 the Ruin power plants. The tine* may then be energised by the Power Flint Practu Operator. In the cate of direct connected process equip ment. the Process Chief Operator or his desig nated representative must report to the Utilitw* Chief Operator that the work has been completed The Utilities Chief Operator and a representative of the group actually working On the equipment will proceed to the site of the equipment and personally meet with the Pro cess Chief Operator or his designated repre sentative who will tag off the local start-stop switches by signing and removing the ted POWER LINE DISCONNECT lag He will give the tag to the Utilities Chief Operator who will also sign it. along with the representative of the group actually working on the equipment. The Utilities Chief Operator and the representative of the group actually doing the work must then. proceed to the electrical substation and prop erly lag off the disconnect switches by signing and removing the red POWER LINE DIS CONNECT tags Finally, they must proceed to the Power Plant and lag off the remote control switch by signing and removing the red POWER LINE DISCONNECT tag from the re mote control switch. The Utilities Chief Operator will keep the signed tags and notify the Process Chief Operator or his designated representative that the tag off procedure has been completed. In llir case i<fContractor pmuHiikf the Contractor's Supervisor and the Contract Administrator mutt accompany the Utilities Chief Oprrahir in l/ir intpcctum and theCentractor'i Su/iert/isoralonj/ until the Utilities Chief Operator mutt sign off the da mmed lag.. 1. Procedure for Working on or Adjacent 2400Volt Power Lines a. Tag Power Lines -- Before beginning work on live uninsulated 2400-volt power lines or working adjacent to any live uninsulated power line, the Maintenance Supervisor or his designated representative must notify the Utilities Chief Operator about the nature and location of the work to be performed. The Utilities Chief Operator must request the appropriate Power Plant Process person to at tach a yellow CAUTION-PEOPLE WORKING ON THIS CIRCUIT tag to the switch or switches controlling the power lines. In the ease of contractor lineman, the Contract Administrator must contact the Utilities Chief Operator. b. in Case of Circuit Trouble -- In the event of circuit trouble at the jobsite, the Mechanical Supervisor must immediately notify the Power Plant Process person. In the erne of contractor liiiiTnan. the Contract Administrator must amlact the Pouvr Plant Proem person. If any switch to which a tag is attached is tripped, it must not be reclosed until the Power Plant Process person is notified that it is safe to redose. c. Removal ofTags --Upon completion of the job. the Maintenance Supervisor who made the original request must notify the Power Plant Process person to remove the lags. In the Obr of contractor lineman, the Contract Adminis trator must contact the Power Plant Process /lerson 011450 EXX 011451 i.V isssa Section 5 HOT WORK PERMIT PURPOSE The purpose of this permit procedure is to protect personnel and equipment from fires and/or ex plosions that could result from hot work per formed in a hazardous area. This section outlines minimum precautions for safety when perform ing hot work in any location not designated as a routine hot work area. In all such areas, a green HOT WORK PERM IT is required for all hot work. SPECIAL DEFINITIONS 1. Hoi Work -- Any work requiring the use of burning, welding, or brazing equipment, explo sives. open fires, portable grinders, unattended internal combustion engines, concrete busters, soldering irons, nonexplosionproof electric motors (including motor chippers. drills, and saws), nonexplosionproof floor or string lights, sandblasting, explosion-actuated tools, eleittric hot plates, or any other flame- or sparkproducing equipment. EXCEPTION: work on energized inlriniscally safe circuits, electrical instruments and electrical power circuits covrred under Cold Work Permits in Section 8. 2. Hot Tap -- Any connection made to a pipeline or other equipment that is under pressure or has not been cleared and prepared for tapping using conventional construction methods. RESPONSIBILITIES 1. Chief Operator is responsible lor issuing the green HOT WORK PERMIT for his equipment. He or his designated representative must desig nate boundaries within which the permit applies and must insure that aO necessary safety precau- V-1 lions have been completed prior to the Chief Operator signing the permit. When hot work is to be performed on equipment passing through or adjacent one processing area, but controlled from another, the Chief Operators from both processing areas are responsible for issuing the permit. This rale applies if the hot Vvork to be performed is within approximately SO feel of operating equipment. (Example: Oil Movements line in pipe rack adjacent a process unit.) When hot work is to be performed on equipment in a non-processing area adjacent a processing tea both the Chief Operator from the adjacent processing area and the Basic Equipment Owner of the non-processing area or his authorized rep resentative are responsible for issuing the green HOT WORK PERMIT. (Example: road work adja cent a process unit.) 2. Maintenance Supervisor is primarily responsi ble (or seeing that only the type of work covered by the permit is performed, and that conditions at the jobsite are safe for the scheduled work; abo that hot work is confined to the area covered by the permit. 3. Safety Permit Inspector is primarily responsi ble for making the required gas tests and inspect ing the jobsite lor compliance with all applicable safety rales and standards. 4. Meehan ical personnel performing the work are responsible for checking the g-een HOT WORK PERMIT to be sure it is current, valid, and prop erly signed by the Chief Operator, Mechanical Supervisor, and the Safety Permit Inspector. If any of the signatures are missing, work must not begin. (. All persons at or near the hot work site must be constantly alert fur any condition that could make V-2 aisu -- i y ~ r^~ r~r I TXXT-- 'r"av* CT \~ EXX 011452 hoi work hazardous If Midi a condition develops. 0 hot work and machines must be slopped at once. All personnel must immediately vacate the area and notify the Chief Operator or the nearest Process person of the hazardous condition. The pern HOT V ORK PERMIT is no longer valid and must be removed. Alt persons associated widithe work must be notified. Before work may resume, a new pern HOT WORK PERMIT must be Is sued. When Mechanical personnel leave the job (such as lunch break), they must check to see that conditions have not changed and the permit has not been removed before resuming hot work. PROCEDURES 1. Area Other than Enclosed Spaces and on Marine Docks -- For performing hot work in any area not designated as safe for routine perfor mance of hot work, the following requirements apply. a. Hot Work Planning -- The Maintenance Supervisor will advise the Chief Operator of the nature and location of the hot work to be per-.. formed as welt as the proposed timing. Nor mally this should be done at least one day be fore hot work is scheduled to begin. b. Preparing for Hot Work -- The Chief Operator will work with the Maintenance Supervisor to see that the area is prepared properly for hot work. The Chief Operator will see that the following work is completed and checks performed before the Safety Permit In spector is called: (1) Clearing and Blinding -- Check to make sure all blinding and clearing of equipment necessary for esecution of hot work is com pleted If any blinding is required, make sure a blinding list has been prepared. All opening ' and blinding that requires while OPENING OR BUNDING PERMIT must be done V-3 bi accordance with Section 7 of this manual. (J) Remove Flammable Material -- Check to make sure that no flammable liquids or solids are spilled or trapped in or around equipment at the site of the proposed hot work. (3) Prepare Sewer* -- Cover all sewer catch basins and manholes in vicinity of hot work. Catch basins containing flammable material must be flushed with water before covering. Also, check for and seal off sewer vents in the area that may presenl a hazard. (4) Remove Trash -- Remove other flamma ble materials such as trash, wood, or dry grass. Where hot work is to be carried out over dry grass, the area must be saturated with water before performing hot work, and a water hose left connected and readily acces sible. (5) Provide Fire-Fighting Equipment -- Make sure that adequate fire-fighting equipment is at the jobsite. At least one hilly charged fire estinpiisher of a type and size designated as suitable must be provided where hot work is to be performed. (6) Make Surrounding Area Safe -- Check surrounding area for possible release of flammable vapors in the hot work area. Such things as safety valve discharges, leaks from pumps and'or compressors, valve packing leaks, etc., must be identified and necessaiy corrective action taken. (7) Prepare for Hot Taps -- For hot taps or other jobs requiring hot work on equipment in service, all requirements of the "Hot Tap Procedure Safety Standard" (Mechanical Di vision Safety Procedure No. 11) must be satisfied. Before the green HOT WORK PERMIT can be issued, the checklist attached V-4 t " 11 5 rrrr ai|sia>T *bk.*'* JtC. - EXX 011*53 to the above mentioned standard must be completed. The Chief Operator must make sure that his Operating Supervisor has ap proved toe work to be done a> d so note in the spare provided on the badi of the permit. Abo, ne must see that the Mechanical En gineering Department Inspector has checked (or adequate metal thickness and nioaled toe space provided on the back side of the tag. (I) Check Other Work in Area -- The Chief Sierator must check for active while OPENC OR BUNDINC PERMITS in the area of the hot work. A HOT WORK PERMIT must not be issued if work associated with existing white OPEN INC OR BLIND ING PERMIT could create a hazard by spill or gas release. All openings from which release of flammable material could occur are to be considered hazardous. The area of concern mutt cover the geographical limits where there is a remote possibility that sparks from hot work could come in contact with flamma ble materials from any opening If such a possibility exists in the proposed hot work area, the while OPENINC OR BLINDINC PERMIT must be killed. The green HOT WORK PERMIT shall not be issued until all openings from which flammable material could be related are blinded, and the area is cleared of flammable liquid or vapor. (9) Provide for Overhead Hoi Work --When hot work it to be performed in overhead loca tions, a suitable method for catching hot metal, electrode stubs, etc., must be provided where these materials would cause a fire hazard or when they would create a safety hazard when work is going on below. (10) Safe location of Welding Equipment -- When electric welding is to be performed, the ground lead connection mult be at- V-S lacked at a point witnm the area covered by the permit. The welding machine must be in the same area or an adjacent area approved for nonrestncted movement of motorized equipment. C. Filling Out Green Card -- After completion of all items covered in b above, the Chief Operator or his designated representative must double check the hot worksite. He and the Maintenance Supervisor will determine if a standby man or other special precautions are necessary. The Chief Operator or his desig nated representative will then fill out the green HOT WORK PERMIT and the checklist on the back side of the tag. d. Maintenance Supervisor Site Inspection -- The Maintenance Supervisor must also inspect the site to make sure all necessary work and checks have been completed. His signature on the green HOT WORK PERMIT indicates he checked the work area and agrees all is safe for hot work. . Safety Permit Inspeclor/Chief Operator Site Inspection -- When all is considered ready by both the Chief Operator and Maintenance Supervisor, the Safety Permit Inspector shall be called for gas tests and a final inspection of the worksite. The Safety Permit Inspector shall per form gas tests for explosivity and'or oxygen deficiency and-'or toxic materials depending on the nature of the job. The Safety Permit Inspec tor and the Chief Operator must inspect the aite together before the permit can be issued. The Safety Permit Inspector signifies all is safe for hot work by signing the green HOT WORK PERMIT. The Chief Operator then signs the permit signifying that hot work can begin. I. Permit Duration and Disposition -- Before the green HOT WORK PERMfT is issued, the i-fr'-r-rs- s * i-- t ' " ........ 1 u IK V EXX 011454 Chief Operator, Maintenance Supervisor. and Safety Permit inspector must agree on the e*piration time and note same in the space provided on the permit. This decision on duration as welt as disposition of the permit copies must be in accordance with the following guidelines: (1) Eight-Hour Permit -- Permits to do hot work in or around processing areas where flammable or toxic materials exist are nor mally eight-hour permits. Such a permit is good for the shift in which it was issued. It can be continued into the next mechanical shift only after the Chief Operator and Maintenance Supervisor for the new shift have inspected the site and are confident no changes have taken place. If there Is any question, the Safety Permit Inspector must be called for a gas test. Hot work on the new shift mutt not begin until the Chief Operator and the Maintenance Supervisor have signed the cardboard portion of the green permit. They must also sign the control center copy. If work continues into the third shift, the same procedure must be followed. Eight-hour permits are void at the end of 24 hours, and a new permit must be issued including job site inspection by the Safety Permit Inspector along with required gas tests. When a green HOT WORK PERMfT is is sued: (1) the cardboard portion must be placed in a conspicuous location at the jobsite by the Chief Operator or his designated rep resentative: (2) the original copy is to be given to the Safety Permit Inspector for his file: and (3) the carbon copy kept in the Process permit files. Upon expiration of the permit, the cardboard portion of the permit must be re moved from the jobsite and filed along with the carbon copy in the Process file. Both copies must be retained for at least 24 hours after expiration and then discarded. V-T (2) "Drop Card" -- For some jobs where hot work is in an area where there is no nearby equipment in flammable or toxic service or in offsite areas where there is virtually no chance of hazard from flammable or toxic materials, a "drop card" may be used. Exam ples of such jobs are: (1) work in a unit that contains no flammable or toxic materials; (2) work in or adjacent a cleaned tank where no other tanks or equipment are within the same firewall, and f3) work adjacent an offsite pipe rack where no hazard from flammable or toxic materials exist. For such jobs. The Chief Operator is not required to inspect the jnb with the Safety Permit Inspector. The Safety Permit Inspector may visit the site and make gas tests as deemed necessary before the work shift begins and presign the green HOT WORK PERMIT. All other requirements for the "drop card" shall be the same as the "eight-hour" permit. (3) job Completion -- Under certain condi tions, a green HOT WORK PERMIT may be issued for the job duration. In general, it is when the job conditions at and surrounding the work area will not change and create a flammable or toiic material hazard. Exam- In of such jobs are: (I) construction ofa new rocess unit; (2) a field pipe fabrication shop in an open area; (3) construction of a new tank in an open area; and (4) during turnarounds when oil. gas. and chemical lines are blinded at the unit limits. The cardboard portion of the permit must be placed at the Maintenance Supervisor's jobsite office. The Safety Permit Inspector will keep the original on file and the carbon copy must be kept in the Process per mit file. The Operating Supervisor must ap prove all job completion permits including contrary jobs. V4 I W V pm ,V EXX 011455 s <t .N 3T-v-559pv;'* i2tPr -- egf&gS g Hot Work Authorisation -- Only itlnill of the above items have been completed and preen HOT WORK PERMIT hat been signed bp the Chief Operator, Maintenance Super visor, and Safety Term it Inspector is hot work authoriaed. After the Chief Operator or ho des ignated representative has personally hung the carboard pornon of the fs-rmit m a conspicuous location at the yjb site, hot work can begin. X. Marine Docks -- For performing hot work on or under Marine Ducks, afl provisions given in the basic procedure above shall apply. In addition, the following work shall be completed and checks made before a green HOT WORK PERMIT can be issued. 0. Safe Tide Level -- When hot work is to be performed under a dock, the tide level must be below any pipelines at the water level to pre vent trapping oil between the pipelines, thus eliminating a possible source of combustibk-' material. b. Avoid Fatting Materials -- The hut work area must be isolated to prevent molten metal andfor any combustible material from failing into the water. C. Remove Crating -- Crating in the fender system must be removed in the hot work area when work is to be performed under a duck. d. Secure Coast Cuard Approval -- The lacks' Operating Supervisor must secure approval ol the Houston Coast Cuard Port Captain priurio any hot work. . No hot work can be performed on any dock while a ship is berthed at that dock. EXCEPTION: At Dock No. 1, hot work will be permitted ISO feet or more from vessels han dling materials with a flash point of abovclSOF. S. Enclosed Spaces -- For performing hot work in enclosed spaces, all previsions given in the basic procedure above apply, in addition, the following work must be completed and'or checks made be fore a green JOT WORK PERMIT can be issued: a. Obtain Yellow PERMIT TO ENTER -- Be fore many of the items listed in the basic proce dure above can be done, it is necessary to enter the enclosed space. A yellow PERMIT TO ENTER is required to initially enter the enclosed space where hot work is to be done. Once the necessary requirements have been met and a green HOT WORK PERMIT has been issued, no yellow PERMIT TO ENTER tag is required as long as a valid green HOT WORK PERMIT is in effect. b. Other Requirements for Hot Work in En closed Spaces -- After entry is made into the enclosed space, applicable portions of the basic Procedure above can be completed. In addition, the following must be performed and'or checks made before a green HOT WORK PERMIT can be issued: (1)No Cylinders In Enclosed Spaces -- Cylinders containing any type of flammable material must not be placed in an enclosed space where hot work is to be done. EXCEPTION: In storage tanks where door sheets have keen removed. (2) Thoroughly Oran --The enclosed space, including all internals, must be thoroughly cleaned and made safe (or hot work. This indudes freeing the container of aO flamma ble gases, liquids, and solids as well as inert atmospheres and loaic materials. PI Provide Adequate VenIQatioa -- A fresh air ventilation system must be provided and hall be adcuuale to remove fumes and gases created by Ute proposed hot work. If ade- EXX 011456 mm gfggll gggfe quite ventilation if not possible. (uiubtr re spiratory protection must be used. SPECIAL REQUIREMENTS 1. Work on Tank Cars -- Hot work must not be done on tank cars while located at a loading radc 2. Venting Hollow Equipment -- Before burning into or heating any hollow vessel or equipment such as ball floab. pistons, impellers, vessels, pipes, valves, fittings, or similar equipment that has been in service of any kind, the vessel or equipment must be properly vented (unless the operation is performed under controlled condi tions so that any over-pressuring will be avoided). 3. Cas Hoses In Confined Spaces -- When gas hoses are used in connection with welding and/or burning in an enclosed space, the hoses must either (1) be removed from the enclosed space or (2) disconnected at the regulators at any time when positive ventilation is discontinued. A torch or other gas-consuming device must never be re moved from a hose while inside a confined space. When torches are left unattended (such as lunch period, shift change, etc.), the gas supply must be positively shut off at a point outside the enclosed space or the hoses disconnected at the regula tors. 4. Establishment of Smoking Permits -- Requires written approval by the appropriate Department Head. Procedures for obtaining this approval are given in the Mechanical Operating Procedures Manual (S-13) and the Process Operating Practice Manual (S-b). 5. Hot Work by Process--When hot work is to be performed by Process personnel, the Chief Operator will assume the responsibilities and functions of the Maintenance Supervisor includ ing signing the green Hot Work Permit in space marked Maintenance Supervisor. V-tt S' asrutrews/r^Q^ Atjottm mo* HOT WORK PERMIT viatmoM mimit 9m *WI**I ----- --I 9m 9m All 9m vn Imp* ( m l Green Tag 011457 dmmm -fC. i*:r!Ti45wJr? Section 6 PROCEDURE FOR ENTERING ENCLOSED SPACES PURPOSE This procedure is designed lo protect personnel gainst such hazards as oxygen deficiency, toxic materials, flammable substances, and powerdriven equipment when working in enclosed spaces. A yellow PERMIT TO ENTER tag is re quired to enter any enclosed space. If hot work is lo be performed in an enclosed space, a yellow PERMIT TO ENTER tag is required to initially enter the enclosed space. This procedure is to be considered the minimum precautions for the safety of personnel entering enclosed spaces. SPECIAL DEFINITIONS 1. Enclosed Space -- Any space that can be closed or has restricted entry or exit, such as vessels, tanks, boilers, furnaces, etc. Also included are confined spaces, such as pits, sewers, excava tions. where the heads of workmen are below the lop of the confined space. 2. Oxygen Deficiency -- Any atmosphere that has oxygen concentration of less than I9.S per cent. 3. Standby -- The person designated by the Chief Operator and'or the Maintenance Supervisor to warn persons in enclosed spaces uf hazardous or emergency conditions that could affect their safety. RESPONSIBILITIES 1. Chief Operator is responsible for issuing the yellow PERMIT TO ENTER for entry into en dow'd spares in his processing area. He or ho designated representative is responsible for insur ing that all necessary safety precautions have VI-1 been completed prior to issuance of the permit. The Chief Operator must sign the yellow PER MIT TO ENTER tag certifying that all require ment* have been met. 2. Maintenance Supervisor is responsible for Aslaming the yellow PERMIT TO ENTER and assist ing in final preparation of the enclosed space for entry. He must inspect the area and sign the tag lo indicate his approval of the required safety precautions He must see that all proper job safety precautions are followed and be alert for changing conditions that might affect the safety of the job. 3. Safety Permit Inspector is responsible for mak ing the necessary gas tests for explosivity. safe oxygen level, and safe toxic material levels. He will also inspect the jobsite for compliance with aO applicable safety rules and standards. 4. Individual, before entering an enclosed space, shall assure himself that the necessary safety preparations have been made and that a current yellow PERMIT TO ENTER, properly filled out and signed by the Chief Operator, the Mainte nance Supervisor, and the Safety Permit Inspec tor. has been posted at the job site. 5. Standby is responsible for assuring the well being of persons working in enclosed spaces when breathing equipment is in use or when con ditions are such that outside warning may be necessary. PROCEDURE 1. Entering an Enclosed Space Without Protec tive Equipment a. Preparing Enclosed Spaces for Entry -- The Chief Operator will see that the enclosed space is emptied and purged in preparation for open ing. Process personnel may also phyticslly dis connect or blind the enclosed space in accor dance with Section ?. VW fUJ.-g yjr/J njl1-.*1 S-, tji im Teay^wv'jagwrun * ' , * .* ?* **! I S. ! ** . . .. r EXX 011458 b. Requesting PERMIT TO OPEN OR IUND -- The Maintenance Supervisor will request a while OPENING OR BUNDING PERMIT from (he Chief Operator in accordance with provision* of Section 7. C. tsotat ing the Enclosed Spare -- If not already done by Process, (he Maintenance Supervisor will insure that alt connecting lines to the en closed space are physically disconnected or blinded at a point as near to the enclosed space as is safny practical Double block valves with an intervening bleeder arc Ml considered equivalent to a blind where personnel bodily enter the space. EXCEPTION: In steam, water, and air service where no blinding points e>ist. isolation valves shall be chained and locked with Mechanical locks to prevent opening. d. Immobilising of Power-Driven Equipment -- Before entry, the Maintenance Supervisor will arrange for electrical equipment to be im mobilized in accordance with the electrical lockout procedure. The power supply to other equipment driven by air, steam, internal com bustion engines, or hydraulic fluid shall be blinded or disconnected. a. Cleaning and Establishing Ventilation of Enclosed Space -- The Maintenance Super visor will have the spare cleaned and If necessary, place in operation a fresh air ventilating system. EXCEPTION: No forced ventilation system is required where a natural draft is established and the Chief Operator, Maintenance Super visor, and Safety Permit Inspector agree that entry is safe. f. Cat Testing the Atmosphere of the Enclosed Space -- The Safety Permit Inspector must satisfactorily lest for esplotivity, oxygen defi- Vl-3 ciency. and toxic materials. (1) Esplotivity-- Entry will not be permitted onless the lest indicates a safe range. (3) Oxygen Deficiency -- Entry wiO not be permitted unless oxygen concentration is greater than 19.5 percent. P) Toxic Materials -- Entry wiB not be per mitted unless lest indicates a safe range. Additional checks are to be made as work proceeds in the enclosed spate if a possibility of release of fumes or depletion of oxygen exists. Q. Standby Requirement -- A standby must be requited and noted on the yellow PERMIT TO ENTER when the Chief Operator and'or the Maintenance Supervisor determines that an unsafe condition may develop during the course of the work. The standby shall be equipped with a standby kit. a Claion horn, and a unit radio for communication. h. Issuance of PERMIT TO ENTER -- When the Maintenance Supervisor and Safety Permit Inspector are both satisfied that all require ments and safety precautions have been com pleted satisfactorily, each must complete appli cable portions of the checklist and sign the per mit. The Chief Operator will complete and sign the permit signifying that entry can be made. He will then post the cardboard portion of the permit in a conspicuous locational the jobsite and file the original paper portion in the Process permit file. I. Permit Duration and Disposition -- A yellow PERMIT TO ENTER will have the same re quirements for duration and disposition as a green HOT WORK PERMIT except that no "drop eard"type permits will be allowed. Job completion permits will be allowed provided VI-4 eyyt-1 are ,|*!l ajik.ii niri *~ ` ;?(!*? '. 4 r<* ^ *.v - it*.; l=arTi:iiii?l work in the enclosed space it continuous. 2. Entering an Enclosed Space with Protective Equipment Enclosed space* to be entered with protective equipment must be emptied, deaned of haxardout materials, and purged, insofar as practical, prior to entry. It must be physically isolated and all power-driven equipment immobilized as re quired in Procedure 1 above. a. Required Tests -- A yellow PERMIT TO ENTER will be issued only when the atmo sphere in the enclosed space meets the follow ing tests: (1) Explosivity -- Entry will not be permitted unless the test indicates a safe range. (2) Ovygen Deficiency -- If ovygen level is below 19.5 percent, entry will be permitted only with a pressure-demand, hose-line air mask. (3) Toxic Materials -- Entry will be permitted only with appropriate protective equipment. Additional checks are to be made as work proceeds in the enclosed space if a possibility of release of fumes exists. b. Required Protective Equipment -- AO per sonnel entering enclosed spaces must wear pro tective equipment appropriate for the hazard involved Use of respiratory masks and other protective equipment (such as rubber suits, goggles, gloves, etc.) inside closed spaces is to be determined by the Chief Operator, the Maintenance Supervisor, and the SafetyPennit Inspector and indicated on the yellow PERMIT TO ENTER permit. The cardboard section of the permit mutt beposted at a conspicuous location at the jobsite. In the rase of oxygen-deficient atmospheres, pressure-demand, hose-line air masks with self-contained life lines mutt be Vi-S used and Operating Supervisor approval ob tained for entry. A standby is required when personnel are re quired to wear pressure-demand, hose-bnc air masks inside an endosed space or the situation it such that outside warning is necessary. Scott Air-Paks are permissible in place of the pressure-demand, hose-line air masks for emergency or rescue use where life is in im mediate danger. I. Outlet of Standby Accounting for personnel working in the en closed space. b. Preventing fouling of air or life lines. c. Being alert for hazards to workers. d. Providing normal assistance in handling ma terials, tools, messages, etc. a. Evacuating the endosed space in case of fire or disaster alarm. I. Being well trained in the operation of re spiratory equipment and administering of arti ficial respiration. g. Maintaining an adequate air supply. h. The standby should never attempt to enter the enclosed space even in an emergency until help has arrived. vr-6 EXX 011460 SPECIAL REQUIREMENTS 1. Entry lo fnpm lor Hot Woii -- A yellow PERMIT TO ENTER it required to initially enter an endow'd space where hot work to oe per* formed. Once the necessary requirements have been met and a green HOT WORK PERMIT has been issued, no yellow PERMIT TO ENTER is required as Ions as a valid green HOT WORK PERMIT is in effect. 2. Entry by Process without Mechanical In volvement -- When entry is made by Process personnel without mechanical personnel in volvement, the Chiel Operator will assume the responsibilities and functions of the Maintenance Supervisor induding signing the yellow PERMIT TO ENTER in the space marked' Maintenance Supervisor. i!! I< I oeHAtnMMtrs^'j at jot mi PERMIT TO ENTER jiao* CO^iatt tfi 4 HTTQWUffHHr eret aasssp > AS AH ah erstNM MvOasat S*rt< Ntaa ` " "* ATI aiNMvtaas iwismm '"** -- tmm AH m AH 9m AH AH AH saasaa ----------------------- --- AH AH AH AM AH ah ft ifoas im a fearro immiw m m mm m Veliev Tag *xx 01 Us, m Zc*&ss ^H&ii V* *-"**?tS :*?._____ 5^Sc^>, ~C2f ----` ** -- ` S^^>2ri gpfcggl . *^9. *v2rsv^ 55^^5r:7''-w-`. riyO -S?V,-:iy-^ Section 7 OPENING AND/OR BLINDING PERMIT PURPOSE This permit procedure is designed to prevent ac cidents by insuring adequate communications be tween Process and Mechanical Personnel when opening and/or blinding equipment in a process ing area. A white OPENING OR BLINDINC PERMIT shall be obtained before beginning such work. SPECIAL DEFINITIONS 1. Opening -- Exposing the interior of any pro cessing equipment, including piping, to the at mosphere This includes removing covers, break ing flanges, pulling header plugs, etc. It does not include draining or venting through a valve. 2. Blinding -- Installing temporary slip blinds into piping or blind flanges onto equipment to isolate or dose for mechanical work. RESPONSIBILITIES 1. Chief Operator is responsible for issuing the white OPENINC AND/OR BLINDING PERMIT. He or his designated representative has the re sponsibility for preparing the equipment, deter mining if the surrounding area is safe for the proposed work, and listing any special safety pre cautions required. 2. Maintenance Supervisor is responsible for se eing that a permit is secured to perform wort involving opening or blinding He is also respon sible lo see that Mechanical Personnel work within the limits of the permit and that all stipu lated safety precautions arc taken. PROCEDURES 1. Requesting Permit -- The Mechanical Super visor or his designated representative must re quest a permit from the Chief Operator. 2. Initiating Safety Inspection -- The Chief Operator or his designated representative must perform a safety inspection of the area. He must check for other active permits, prepare the equipment, and identify all locations to be opened. If blinding is required, he must also pre pare a blinding list. I. Blinding Requirement# -- Generally all opened equipment must be blinded lor hot work (see Section 5). for entering (see Section 6). and opened piping left unattended. The installation and removal of slip blinds and blind flanges (ex cept daily closure blinds) shall be recorded on the blinding list. Specific blinding requirements and exceptions are as follows: a. Pumps -- Minor repairs, such as small pip ing and seal replacement, may be performed without blinding provided (!) the suction and discharge valves are lightly closed and tagged with "DANCER -- DO NOT OPEN" tags. (2) the case has been depressured through bleed ers. (3) the driver has been properly immobilised, and (4) the work can be compiled in one shift. Pumps taking suction on vessels operating below atmospheric pressure must be blinded on the suction side. b. Compressors -- Minor repairs, such as cover plate gasket ana valve replacements and bear ing inspections may be performed without blinding provided (1) the compressor can be isolated by block valves, (2) block valves are lagged with "DANCER -- DO NOT OPEN" Vti-2 S'T'^.a -w~w EXX 011462 Up. (3) (hr me b d(pressured through bleed ers. (4) the driver kas been properly Im mobilized, (3) the work b continuous until completion, and (6) no more then one cower plete end valve b open at any time. C. Driven -- To perform major work on driv en. the driven end must be disconnected or blinded. Additional isolation must be as fol lows: (1) Electric moton must be immobilized, usui* Electrical Lockout Procedure (see Sec tion 4). (3) Cas engines must be blinded and the fly wheel blocked. (3) Combustion turbines must have fuel lines blinded and the auxiliary motors im mobilized. (4) Expansion pas turbines must be blocked by dosing the inlet and exhaust valves. Uppin* the valves with "DANCER -- DO NOT OPEN" Ups, and depressuring through bleeders. (5) Steam turbines must be blocked by dos ing the inlet and exhaust valves, Ugging the valves with "DANCER -- DO NOT OPEN" Up, and opening bleeders. d. Piping -- Unattended open Piping must be isolated with slip blinds or dosed with blind fbnges. EXCEPTION: lines in water and air service of less than 100 psig may be left unattended with out blinding. a. Vesaels -- Isolation blinds must be insuDed as dose to the vessel as safely practical and in a manner lo insure that no liquid or vapor can be trapped between the blind and vessel . Preparing Blinding List -- Before blinding be gins. Process Personnel must prepare a blinding list indicating the size and location for all aiip blinds and blind flanges to be iruUlied. 8. Issuing Permit -- Process and Mechanical Per sonnel must make a safety tour of the job site, identify and mark the places to be opened and'or blinded, and review the limiutions and safety requirements stipulated on the permit. When both Process and Mechanical Persons arc satisfied that no green HOT WORK PERMIT is in effect and the Usk can be safely accomplished, then both will sign the permit The Process person must post the cardboard por tion in a conspicuous place at the job site and file the original copy in the permit file. EXCEPTIONS: Process Personnel -- Mechanical work by Pro cess may be done without a written permit provided the Chief Operator has authorized the work. Dock Personnel -- Marine hookups on the dock may be performed by the Dock Connec tion Crew working under the direction of the Chief Operator without a written OPENING OR BLINDING permit. 8. Blinding -- The Mechanical Person must re cord each slip blind installed by tigning and dat ing the blinding Issl. At the completion of the blinding list or at the end of the shift, the blinding list must be returned to the Chief Operator or his designated representative. 7. Duration of Permit -- The permit is issued for one Mechanical shift. The permit must be signed and dated by the Mechanical Tenon and relumed to the Chief Operator or his designated rrpresenUtive at the completion of the job or at the end of fflsr the shift. The permit may be extended into the neat shift by both Process sod Mechsnical signing the extension black. No blinding permit shell be valid for more than 24 hours. An opening permit nuy be issued for duration of turnarounds Brovided all oil, gat. and chemical lines are luuied at the unit limits. I. Removing Blinds --The removal of blinds re quires another permit unless the installation and removal work is continuous aod completed within 24 hours. The Process Person issuing the permit and the Mechanical Person accepting the permit must tour the area and physically identify the blinds to be removed. The Mechanical Person must sign and date the blinding list at each slip blind and blind flange is removed. Afer the last blind has been removed or at the end of the Mechanical shift, the Mechanical Person must sign and date the cardboard portion and return both the permit and blinding list to the Chief Operator. >. Filing of Permits and Blinding Lists -- Each permit must be filed for 24 hours after its expira tion and then discarded. Blinding lists must be filed until all blinds have been removed. The blinding list may be discarded 24 hours after the last blind is removed. /__ o--N sruvc at aia 4 While Tag i! Buff Tag VMS i urn'.'.wr 'w. t 'Tv.T.'vwgy; Ti'U.W.'fl -- EXX 011464 * Section equipment, and description of work on the Hue COLD WORK PERMIT. He will then qontact the COLO WORK PERMIT Chief Operator and secure approval belore start ing to work. PURPOSE This permit procedure it designed to prevent ac cidents by fcivinyc Process Personnel control over cold work Activities taking piece in their process ing are*. To insure proper communicstiont be tween Process and Mechanical, a blue COLO WORK PERMIT nusl be completed before work is started in a Precess area. SPECIAL DEFINITIONS 1. Cold Work -- Any mechanical work on pro cessing equipment including work on intrinsically safe omits and energized electrical instruments and electrical power circuits that does not involve opening, blinding, entering, hot work, or electscal lockout. EXCEPTIONS: Blue COLO WORK PERMITS ate not required: . When Process Personnel are performing mechanical work. fc. When the Dock Connection Crew is working in the dock area under instructions from the Chief Operator. e. When instrument technicians and electri cians who are regularly assigned to the process ing ares perform routine work authorized by the Chief Operator. NOTICE: A COLD WORK PERMIT is required to work on energized electrical instruments and electrical power circuits above 100 volts. RESPONSIBILITIES d. When Technical. Safety Permit Inspection, 1. Chief Operator or his designated representa or Laboratory personnel perform sampling tive is responsible for approving blue COLO and/or test work authorized by the Chief *i WORK PERMITS. He or his designated represen Operator. tative is' responsible for insuring that ill safety precautions have been completed prior to - . When janitors perform janitorial-type work in the processing ares. suance of the permit. t. When contractor employes lake aort dirariion 2. Maintenance Supervisor or his designated rep /rjm Process Personae!. resentative has the responsibility for initiating the blue COLO WORK PERMIT and securing ap proval from Process personnel. He is responsible for seeing that only the work authorized by the g. When Mechanical performs cold work in preparation for the issuance of other work per mits on the same shift. Samples of such work art covering sewers, hooking up hoses, secur permit is performed. ing fire-fighting or safety equipment, hanging PROCEDURE 1. Initiating COLD WORK PERMIT -- The Mechanical Person in charge of the work group assigned to perform mechanical work in a pro cessing area must fill in the date, time, area. tarps. electrical lockout etc. h.When oil. gas and chemical lines are blinded at unit limits during unit turnarounds and work Is being performed in accordance with the tur naround procedure. VW-1 VW-2 '1 a&bs I. Making Safety Inspection -- The Process Per son designated to approve the permit mutt assure himself that the conditions at the job site are safe for the work. He must determine if ' gat test is required and may make the gas test himself. 3. Issuing Permit -- When both Process and Mechanical Persons are satisfied that the work an be safely performed in the area, each must sign the permit. 4. Posting Permit--The Mechanical person must display the cardboard portion in a conspicuous place af the job site. The Process Person must file the original portion in the permit file. 5. Duration of Permit -- Blue COLD WORK PERMITS are issued for one mechanical shift. At the end of the shift or at job completion, whichever comes first, the Mechanical Person must sign the permit and turn it in to the Chief Operator. The permit must be filed for 24 hours after its expiration and then discarded. Extension of Permit -- The permit may be ex tended by determining that the job conditions remain unchanged and by both Proee*t and Mechanical signing the permit. No permit shall be extended beyond 24 hours' total duration. Vtll-3 rrm -*77 Light Blue -nr |^pT" *- 2- SECTIOR SECURITY RE6UUTI0NS 1. barking Locations rUi| lKitim will W 4(tl|Mtt4 for os..k Coacroctor by frmer. If Cos tractor lulrii to park aa Owner's property, all parking ahall ka la the lat, or area designated, fosted regulations governing the oee af the let ahall be follovod. All vehicles ea Owner's property ahall be at the rlek af the vehicle owner and Owner accepts no responsibility for pslat or other damage te or theft af ar from ouch vehicles. 2. Entrance Cate Owner will designate a gate or gates for the see af Contractor and for the delivery af lte materiel and aupplles. Contractor sad vehicles serving the Contractor shall aae only the designated gate for entrance sad ealt ta and ftoa the Coatractar'a Job site. Contractor ahall aeka arrangeaeats aa that vehicle drivers will kaov which gate to eater sad the appropriate Jab alta location. 3. ttalks and Roadways Shlka and roadways will be designated for the wee af Contractor when entering or leaving the Job site, when moving from ooe area ta another, or when obtaining notarial fro Owsot. Contractor ahall was only designated roedvaya and walks. The was of shortcuts or moadeslgaatad pathways la prohibited. Contractor Employee badges Coatractar'a enplsyees shall wear their Coatractar'a badge at all ttmee they are la the float, badges shall bear the flra'a aaae and each badge shall be auahered with a different siabcr. Contractor shall aupply these badges and nalntaln a record af badge numbers with employees' names. Employees engaged for engineering services ahall be required to wear badges fwraished by Owner shewing a number only, badges oust be shown to the gate Security Officer aoch tine say employee of Contractor enters or leaves the flant. Vhen Subcontractors to the prime Contractor do not have their awn hedges, they nay was the prime Contractor's badges. Vhen contract employees aster the flant,^the Contractor's supervisor la responsible far checking thot every contract enployee ban's Contractor badge. n-i * **. 77 -o^ a m A.-r0. ;.WiW.M EXX 011^67 I. Contractor Vehicle Menttflutte* Contractor'* vehicle* Bunt War tto Coatractor'a um or ladgala proalaeotly Ittflirtl, oat th* trlnr aunt have a badge, lack vehicle* atoll be rtttrlctad to tto ooo of dedgaatod atroot or (treat* aad Flaat aatraace or oatrancee aadgaad far oae of Co*tractor. All ngulpwat oa rubber tlrea, auch aa ooblle craaoe, bachhoei air coapreaaora, welding wchla**, etc., auat to** Coatractor'a aao* proalaoatly dlopl* -ad oa both (Idea vtoa to log wad by Cootractor. t. Material Puses All tool* aad wtarfal* that th* Contractor raoove* froa tto Maat atoll to acceapaalad by a a*ter1*1 gate obtained froa the Contract Adnlalatrotor. Tto wtarlal p*** atoll to coapletely filled ant and atoll to algnod by a dealgaat*d representative of Contractor aad th* Contract Adalniatrator. The Contract Adalalatrator retain* oa* copy, aad tto original and oa* copy atoll occoapay tto wterlol to tto gata. lotb cep1** ora to to aurr*ad*rad to th* gat* tocurltp Offlcor. 7. Theft! Owner accept* ao roepenilbllltp ar liability for tto ttoft of any property or wtarlal belonging to Coatraetar or It* aaployee*. It atoll to tto reapooalblllty of Contractor to faralah any police protection It dew* a*ce*ary to eupplewnt tto guard and patrol aonrlca provided by Owner. Owner wlntdoe aa Inveatlgatlv* aarvlc* and will cooperat* with Contractor by ((dating la tto Inveitlgatloa of all reported theft* within tto Maat. Ttofta of property or autawbllea froa Owner'a outdd* perklag lota ahould to reported to local law enforceaeat official*. Contractor wy obtain forw for reporting ttoft* froa within tto Maat froa tto Contract Adalalatrator. I. Ctabllog All forw *f geabllng ar* prohibited aa toer'a property. t. business Visitors, Applicants, end Delivery Trucks Contractor atoll furnlah Maat (ocurlty with a Hat of peraoa* who ar* outhorlaad t* pat* bwala*** vldtora, new naployrea, and ddlvary truck* t* tto Job alt*. Flint Security trill obtain authorltatloa froa aa* of thee* people before p***lag euch Individual* lot* tto U-2 T mu. |'"vwi ** ,'.#** j,, w* a . *a *ir* V.' ---- *V ^ v!. V ~/--. / *7 *7; *; .* * -1* ny* p 4e` * X> 'r;**^*, ' * .* *>. *r*'i-tvf; /*_" i1 '* .do -r.* ' *r;.; Rut. Ifteitl pnlulN shall W V(<m4 frsa tk Cutrut tfalalitritu te kilt aiu ktitui i(iiti ar ufttf lurti Kkt tki contractor taw tha Pleat. 10. MiiHki Wnrla Contractor, t*ae uorltlag ta Pleat, shall aala aay arrangesrate Contractor deaau naceteery tar aahalaaca service (rea aa outside firm. Requests far aa aabulaace aha11 k called ta W *11-5711, asteneloe MOO. Accident locatloa, aabulance lira an* hospital desired, an* Coatraetar'a aaaa aha 11 be given. Pleat Security *111 escort tha t tbulawa ta tha aeaaa af tha aecUaat. All accidents aha 11 ha reported ta tha Cootraet Administrator aa aaoa aa possible, whatbar resulting ta lajory ta a pereoa at daaega ta tha equlpnent af Omar ar Contractor. 11. Inspection of Lunch tores, Packages, Motor Vehicles, otc. Ohaa eaatraet employees ltua tha Plant, the Contractor 'a euperrleoT la raapeaalhla far Inspecting liacb cantataara, packages, an* handles. Security Offlcara kn tha right ta tnapact lunch caatalnara. pachagaa, ksdlta, toala, equlpaeat, an* aotot uahlclaa la tha Plant at any tint. 12. Canerat an* Photographs Unauthorised Individuals shall aot ha permitted ta enter tha Plant with a centra. Km Contractor desires to hant photographs taken ta tha Plant, approval oust ha ehtaloe* fran Public taint Iona Dcpartncnt. 13. Liquor, Drugs, Flrearw, an* Explosives Asp parson possessing Intoxicating liquors or froge, ar who la under the laflutncs af ouch, will not be permitted ta enter tha Plant ar letter cm (hmar's property. Plxas ran aa* explosives will aot ha permitted ta tha Plant. 14. Visiting an* Loiterings Platting aa* latterlag by Coatraetar'a employees at ar area* entrance gates ar ether places aa hnar's property will aot ha perattta*. XX-) 'vy y? nr* n wymoynw I ' T X'W'Jtr I. 11. FlagtrprUtlaf EXX 011470 iim SECTKM TO ttMCML UGUULTIORS 1. IvttorlntlM to Stort Mori twtmtir aa4 utooatroetora toll set start owrk aatU anchor lied ky tto Co*tract Molalatrator at tto Jrt alta. Sack author It*tlo* 4oca set coaatltatc avthorlty ta i___ W crltk aar wrk lovelvlas apaelal paralt* aa outline* la txxoa tot Diary'* Safety toaual. Caatractar atoll also aacura approval froa Contract Adalalatratar tofora any mtarlala era 4*llv*r*4 ta Jak atta afcaa aaltrial 4*llv*rla* precede Contractor' arrival aa alia. t. Contractor's Equipment Oil Coatractara movla trailer-type aquipnaat within tto riant atoll aaa a kltck ml ta traalar'a autaaatle latchlnt kltck la. 10) for oa**toa load*, ar h. MO far mi anil aaa half-tea leala, ascapt ttot properly rated kail bltctoc nap to otto whan provided with aafatr ctoiaa. 9. Etplosloes toploelvae atoll not to aaa4 witboat prior written approval of Owner. 4. Via of Unci, Conduiti, or Structural as Supports Contractor otoll not aaa toner'* pipe ltoaa, electrical eeadulta, handrail*, ar atructarca aa oupport* far lead a, for ladder*, or for acaffolda wlttout authorlaatloa froa tto Coatract Adnlalatratar. I. Uie of Stanchions or Equipment for Anchors Contractor ahall aot aa* Owner'* pip* ataachlaa* ar other equipment fnr attach!^ anatch hlacka, (ap llnaa, ar for other aarvlea* whleh apply loada on oqutpoant atthoot wrlttaa approval of the Contract Mnlalatratat. $. Outage to Owner's fropertp If Contractor daa*t* any of tooar'e proparty, ar property #f aay other contractor 1-1 "f- K exx 0ii47i Shr*l#t?k2iXf Sh-s^s pSrl&K^ ^2SSi&*& $2&*=g w&ssm m nVcHtiKtx, the gaaeft iWll faMtUuljr be rtportii te tk Cmtract Walatitrtut. 7. Operating (barter's Equipment Coacractor ahall net operate any of Owaer'a oqulpaaat, ouch aa electric power owttekoo, walvea. etc., without prior opactfic approval of the Contract Adalaletrator. t. Utt of Special Vehicles a vehlela or place of equlpaeat having aetalllc-luggeg wbeela or tracka ahall bo operated aa any berg aurface (treat without adequate protactloa to the (treat, aa approvag hy Ceatract ddnlnletrator. Ho tracked equlpaeat bavlog flat pavaneat traaga ahall ha operatag aa a pavog atraat without approval ft the Caotract (dotolatratar. I. Fire Crtingulsheri Welding aechloaa aog tar pota ahall have a 12-pouag CO] or 20-pouod gry cbealealtypa flra aatlngulahar la proper worklag condition locateg adjacent to the equlpMat. la eatlagulaber ahall he locatag la aach worklag area where "hot work" la helog gone. Tire Boat -- Where flaeg hoee reala are not available, the Contractor ahall faralah aag nalataia a olalaue of one flra hota la aach worklag area where hot work la helag looa. Each hove ahall be 1-1/2" gleaatar with ihrcegeg coupling aog PTC Tire Pep artBent thraagag adapter aultabla for 1)0 pal preaaura. Each haae ahall ha equipped with a 1-1/2" coahlaatlaa fog, airatght otteaa, and thut-off Bottle equal to Maclean LaTraaca or Elkhart L-200. Boeee ahall ha conaactad to a hydrant. The Contractor ahall be raapoaalhla for apaalag the water eupply valva at the hydrant la full open poaltloo while hot work la la prograaa, bat ptaaaura la not to he left oa hoea overnight. SO. Utlgtng Contractor ohall not wall oa oil or gaa llnea or oqulpoaot to oervtca wnlaaa there la aa lotaraal coollag agaat to reaova beat, ouch aa flowing liquid or gaa. aog there la aufflclaat natal, aa approvag by tha Cootract Adalalatretor, to prevaat a bura-tbroogk. EicaptUa: No hot work la to ha gooa oa air lleee la aetwica betweaa tha reelprocatlag coaprttear dI(charge and tha knockout gruo or drier. Bet work can he gone no air ltaaa downatteaa of kaockaut gruo or drier, or M air llnea praaaurag by ceatrlfugel aqulpaent, after a get teat above the air la the lino to have aa hydrocarbon! praoaat. 1-2 EXX 011472 11. Securing *f Tapenrx Buildings All tenyorary ehall W IM <m tf the bitntM la ictHbaei with tb Ceattact Adalalatratar'a lnetrwetlene, ui ayyllcable beytaM laflmrlai Standard#. II. bit Iron tb nut Caatraet aayleyvea, accept far tha driver, auat dlansuec aad walk thravgh tba gate abac laaalag tka Beflaery. 13. Bon-Enjllgh-Spctklng Personnel fht ability ta eownlcate with Contractor eayleyete la aaaaattal ta eafa jab uacatlaa. bhee tba contract aaplayaa cannet eyeak tngllah, tha Jab terrain auat ha akla ta oyeak bath tngllah and tba awylayee't languaga fluently. If thara la raaaaa ta doubt tba farca*a*a ability la tbla regard, a yraetlcal daaanacratlea ta ta atdat. Uhai tba fataata eaaaat ayaak hath tngllah and tha aayleyaa'a languaga, tha aaylayaa auat aithar ba ylaead aadar a faraaaa id* caa, ar ba auat ba yrahlbltad (ran working la tha Baytown Baflaary. 14. Hurricane Precautions ft* yarlad batwaaa June 15 and October 15 la racagnltad at tba hurritana ataaaa. Briar ta tbla tlaa, all aacarlal that ta not attdtd.far tha Jab and tl*t night bacoaa wtnd-beraa la barricana wlnda ahould ba raaawad. That aatarial atlll oaadad aheuld ba yllad aa conyectly aa yotalbla. Provleloe ahould ba nada far tying dawn llghtwnlght abject# aheuld tha need arlaa. Scaflalda and aaaa oyaa-tyya atruetwraa ahould ba dlraantlad if a hurricane aypreaelva. Ttnaa, thara abMild ba a plan femtlated ta advance to handle oaceaaary act Iona, yartlcalarly la taraa of tba tine and nanpowur regulrad. 1$. Contractor Accident Reporting ft* cantracter la raayenalhlc far notifying tha Contract Adnlnletrator lwrdUtalyi o. Aay tlaa aa aobulaaca ta callali b. la the event of any injury which could yacalbly raault ta laat tiaa| . ta tha event of aay lacldaat tdileh had aarloaa yntantlal, auch aa aoblla agulyaant avertvmlng, aeulyaent caataetlng electric auyyly llaaa. ate. X-3 . add oe Vb^ t * *'* #* crv EXX 011473 All iajurlii aba 11 k rapartad n tha UiairUl tccliiu ImH tukiN Farm Car ImUjm'i Flrat tapart af U]; or HIaaaa -- lataat rarlalaa. 11. bdimcji fvacvttlon frocadwra la ttjiuj mcvatiaa procedure fan ehall W couriered by aaeb Contractor friar ta atarclat a contract. Aa aaaaablp point ehauld ha choaaa ta provide a relatively aafa. apea m, la tha event a oaerteacy aceara that refuirea evacuation af all at fare af tha aflaety. 17. Contractor Safety Meetings lath Caatraetar ta etroetly aacauragad to halt a vatLI? aafaty aaattnc for hla e^loyaea. litbar a eooblaed neat lot af all tha Contractor'a aaplayaaa la tha laflaary or --Mar aectlaga far aaeb Job at aaeb faraaaa la aaltahla. +a a . 1-4 EXX 011*74 GENERAL CONDITIONS GENERAL. CONDITIONS Form P-50 1-77 1. INVESTIGATION OF SITE AND PROJECT CONDITIONS Subcontractor represents that he is familiar with the site and the physical conditions, the availability of labor and materials and all other matters at the site or in the vicinity of the site which affects the Sublet Work. Sub contractor represents that he has examined the subcontract document and familiarized himself with the Project, the laws, rules and regulations relating to the Project; the environmental considerations affecting the Project and the Sublet Work; the participants in the Project; and the contractual and regulatory provisions of governmental agencies, the Owner and General Contractor affecting the participants in the Project and the Sublet Work. No allowance will be made to Subcontractor for not having made such examination and review or for requirements which a reasonable examination, inquiry and review would have disclosed. 2. RESPONSIBILITY a. Subcontractor agrees to perform the Sublet Work in accordance with good construction practices and the plans, specifications and other requirements of this Sub contract, and to furnish all supervision, labor, supplies, tools, construction equipment, facilities, storage, perma nent equipment and materials (except as specified herein to be furnished by Owner or General Contractor) and all other things and services necessary or desirable to per form the Sublet Work. b. Subcontractor shall be responsible for the cor rectness of the positions, levels and dimensions of the Sublet Work, notwithstanding the Subcontractor may have been assisted by the General Contractor or any other Con tractor in setting out the same; and if at any time during the performance of the Sublet Work, any error shall ap pear or arise therein, the Subcontractor shall immediately advise the General Contractor's Site Representative and await instructions for removal and replacement or per formance of corrective work, before proceeding with that portion of the Sublet Work. c. All work which is manifestly necessary to carry out the intent of the drawings end specifications pertaining to the Sublet Work, or which is customarily done in per forming this type of work for the Owner or General Contractor, shall be performed by the Subcontractor as a part of the Sublet Work. 3. COORDINATION OF THE PROJECT General Contractor is charged with the responsibility of accomplishing the work of the entire Project, or a significant portion thereof, in accordance with drawings, specifications, permits, licenses, rules and regulations, laws and ordinances, and requirements of the Owner. The contract price provisions, and the definition of re quirements of the Sublet Work, as of the effective date, are coordinated and identified in the Subcontract Terms. General Contractor is charged with the responsibility of coordinating the efforts of all, or a significant portion of, the participants in the Project, including various sub contractors, specialty service contractors, suppliers, and other workmen, and the direct employees of General Contractor. Subcontractor agrees to perform the Sublet Work as part of the team of participants in the Project in cooperation with all other participants, and subject to all reasonable rules, regulations, and directives of General Contractor (a) for the coordination of the work of all participants, (b) for the maintenance of safety, efficiency, security and good order on the Project as a whole, (c) for compliance with the terms hereof, and (d) for the pro tection of the environment and the rights of the public. 4. SCHEDULING SUBLET WORK Subcontractor agrees to commence the Sublet Work promptly when directed by General Contractor and to prosecute the Sublet Work diligently to completion. Sub contractor agrees to provide adequate number and types of: (a) laborers, skilled craftsmen and technicians, super visors, administrators, and managers, (b) construction equipment in good condition, (c) materials, permanent equipment, and supplies, except for items specified to be supplied by General Contractor or Owner, to accomplish the work and maintain the Schedule or restore the Sublet Work to the Schedule. Subcontractor shall provide General Contractor a detailed Schedule for performance of the Sublet Work and shall revise and update such Schedule from time to time as the work on the Project progresses. The Schedule tor the Sublet Work shall be subject to re vision or approval by General Contractor to coordinate the Sublet Work with the over-all rate of progress of General Contractor and other participants in the Project as a whole, and to expedite performance of critical items of work on the schedule. General Coi tractor will schedule and coordinate the use by Subcontractor and others of jointly used facilities, construction equipment, and space, and Subcontractor shall accomodate its Schedule to such shared use. General Contractor will determine the normal working hours for the Project as a whole, and any special working hours for the Sublet Work on a normal shift or overtime basis will be subject to prior approval of General Contractor. 5. INTEGRATION WITH WORK OF OTHERS Subcontractor shall inform itself regarding the nature, condition and state of progress of work of others which affects or connects with the Sublet Work. Before connect ing Sublet Work to work of others, Subcontractor shall ascertain that such work of others is ready, properly aligned, and in suitable condition for such connection and integration with the Sublet Work, and shall report any discrepancies to General Contractor for adjustment prior to proceeding. Subcontractor is not charged with notice of latent defects in the work of others of which he has no actual knowledge. 6. ALLOCATION OF FACILITIES General Contractor will designate for use by Sub contractor. entrances, parking areas, storage areas, office and work areas, and such facilities and construction equip ment as General Contractor is to provide. General Contractor will allocate, and schedule the use of, such common facilities and utilities as are provided by General Contractor tor use of Subcontractor and other participants in the Project. Temporary interruption of services, utilities and use of facilities are anticipated and shall not justify a claim for additional compensation. 7. INSPECTION AND QUALITY CONTROL The Sublet Work shall be performed to the specified standards of workmanship and strictly in accordance with drawings, specifications, procedures, and other require ments of this Subcontract. General Contractor shall have the right to inspect the Sublet Work and Subcontractor's equipment, tools, records and facilities at all times. No work shall be covered until inspected and released in accordance with established inspection procedures, and any work improperly covered shall be uncovered and exposed by Subcontractor for inspection on request. In spection and approval shall not relieve Subcontractor of the obligation to complete the entire Sublet Work in strict compliance with the requirements of this Subcontract. Any defective Sublet Work shall be discontinued, removed and replaced or corrected in accordance with specifications and directions of General Contractor. Subcontractor shall furnish for the Sublet Work all Quality Assurance and Quality Control documentation, as required by General Contractor for the Project as a whole or for the specific part thereof affected by the Sublet Work. S. SAFETY, CLEANLINESS AND SANITATION Subcontractor shall comply with all applicable laws, rules and regulations relating to safety. Subcontractor GC-1 EXX 011476 Form P-50 1-77 shall comply with all safety standards, rules and refuta tions relating to safety, cleanliness and sanitation established by General Contractor for the Project as a whole. Subcontractor shall immediately stop work and take corrective action when directed by General Contractor because of any unsafe condition or practice. Subcontractor shall be responsible for the safety of its workmen and the Sublet Work and shall not create hazards for others or the work of others. Subcontractor shall provide first aid and ambulance facilities for its workmen to the extent suf ficient facilities are not provided for the Proiect as a whole by General Contractor. General Contractor shall provide for safety of the Project as a whole. In case of emergency. General Contractor may direct Subcontractor's personnel and resources for the protection of life and property. 9. DELAYS If Subcontractor's performance of the Sublet Work is delayed by Owner's or General Contractor's failure to perform their obligations hereunder, or by orders of the General Contractor delaying or suspending the work, or by changes in the work, Subcontractor shall be entitled to an equitable adjustment in the price and time for per formance in accordance with the provision for Changes in Article 12; but no price adjustment shall be due for delays or inconvenience to Subcontractor from the sched uling and coordination of the Sublet Work with the rate of progress made by all participants in the Project. In the event Subcontractor is delayed by force majeure. Sub contractor shall be entitled to an equitable extension of time but no adjustment in the price; provided, that in adequate manpower or failure of Subcontractor's workmen to prosecute their work because of strikes, boycott, picket ing, or other form of labor dispute shall not be deemed force majeure unless there is clear and substantial danger of bodily harm or property damage if the employees undertook to enter the work site and perform their work, as determined by General Contractor or the chief local law enforcement officer. Subcontractor shall notify Gen eral Contractor in writing within 48 hours after the commencement of a delay, if Subcontractor claims an ex tension of time or an adjustment of price because of such delay, or the right to such extension or adjustment shall be waived. 10. SUPPLEMENTING OR TAKING OVER BY GENERAL CONTRACTOR If, after seven (7) days written notice by General Contractor to Subcontractor specifying any deficiency in the Sublet Work or the promptness with which it is being performed, Subcontractor has not promptly commenced to correct, and within a reasonable time corrected, such deficiency to the satisfaction of General Contractor, General Contractor may supplement the work of Sub contractor. or take over performance of the Sublet Work temporarily or completely, with General Contractor's own forces or by contract with others. General Contractor may use all or part of Subcontractor's construction equip ment, tools and facilities at the project site, and any materials, permanent equipment and supplies, in the performance of the Sublet Work, without payment to Subcontractor otherwise than by the extent such use of Subcontractor's items causes a reduction of cost of com pleting the Sublet Work. All costs incurred by General Contractor in performing all or part of the Sublet Work, including a mark-up of 10% of such cost, shall be deduct ed from the price payable to Subcontractor and if such sum plus all payments previously made to Subcontractor shall exceed the price. Subcontractor shall refund to General Contractor the excess within ten (10) days after submittal of a properly documented invoice. If the price is on a cost reimbursable basis. Subcontractor will be re imbursed for use of construction equipment at the lowest applicable rate provided for herein or at prevailing rental rates if no rate is specified, and the cost of Subcontractor's materials used. Upon notice from General Contractor to Subcontractor, Subcontractor shall resume and complete the Sublet Work, but this right to supplement or take over the Sublet Work may again be exercised if necessary. The determination of General Contractor's project man ager to invoke the provisions of this Article 10 shall be final and conclusive; provided Subcontractor may within said seven day period, appeal to an executive officer designated by the President of General Contractor, whose decision shall be final absent actual fraud. 11. DEFERMENT OR TERMINATION In the event the Project is deferred or terminated by Owner, or if General Contractor shall elect to defer or terminate the Sublet Work, Subcontractor shall be paid: (1) the price earned for work completed and ac cepted. (2) a proportionate part of the price allocated to the portion of the work partially completed, (3) the reasonable cost incurred by Subcontractor in securing and protecting the work in progress against loss, damage or deterioration, and (4) unamortized mobilization and de mobilization costs; standby costs, cancellation or defer.".ent charges of suppliers; the cost of materials and equipment not sold or disposed of: and other special costs for ter minating or suspending work or preserving the work accomplished and turning it over to General Contractor but (5) no compensation for the portion of the Sublet Work not performed. General Contractor shall notify Subcontractor whether the Sublet work is terminated or deferred to an indefinite or specified date and the de ferment shall not exceed six months (or other limits expressed in the Subcontract Terms) without the consent of Subcontractor. If deferred, the Sublet Work may there after be terminated and shall be terminated upon expira tion of the maximum period of deferment without notice to resume. Following deferment and notice to resume given by General Contractor to Subcontractor in writing. Subcontractor shall resume the Sublet Work in accordance with the terms hereof with an equitable adjustment, if required, in the price and time of completion, determined as in the case of changes. In case of any such termination or deferment. Subcontractor shall, as directed by General Contractor, secure, safeguard, remove or deliver to Gen eral Contractor all material, equipment, supplies, work in progress, and contract rights. 12. CHANGES General Contractor reserves the right to make changes in the Sublet Work or the manner of its performance. No change shall be made by Subcontractor in the Sublet Work or Us manner of performance, without prior written instructions from General Contractor, in a written Change Order specifying the change in plans, specifications, pro cedures. time, sequence, or other requirement of this sub contract, and specifying whether there is to be an adjustment in the price or time for performance and how any such adjustment shall be determined. No adjustment in price or time of performance shall be made for changes in arrangement, aesthetics, substitution of equivalent ma terials or equipment or other changes, unless such changes significantly affect Subcontractor's cost of performing the Sublet Work or extend the time that Subcontractor's equipment and forces are required at the project site. An equitable adjustment will be made in price or time of performance or both, if the change ordered by General Contractor substantially increases or decreases the cost to Subcontractor of the Sublet Work or the time that Subcontractor's equipment and forces are required at the project site. The method of determining the equitable adjustment shall be specified, and if possible, the price fixed at the time of the issuance of written direction for the change. Unless a lump sum is established by agreement or another method of pricing is established by agreement. General Contractor may direct determination of the equi table adjustment in price, whether an increase or decrease, by any of the following methods: (a) agreed or established fixed unit prices, (b) force account, or (c) cost plus fee. If the force account method is directed by General Con tractor. the force account rates for equipment use, man hour labor rate including payroll burden and markup for overhead and profit, with reimbursement of actual cost of materials, as established in the Subcontract Terms or by other agreements, shall be used to determine the ad- GC-2 EXX 011477 justment. If the cost plus fee method is directed by General Contractor the adjustment will be based on the direct cost of the change in the work using the formula established in the Subcontract Terms or by other agree ment. In the absence of agreement. Subcontractor shall be paid all actual, direct additional cost incurred, without allocation of home office general and administrative ex pense, plus 10% of such costs, and Subcontractor shall maintain and furnish General Contractor accurate and detailed records daily segregating the cost of the change in the Sublet Work. In case of deletion or reduction of the Sublet Work by such change. Subcontractor shall not be entitled to anticipated contribution to home office overhead and profit from any portion of the Sublet Work not performed. IS.WORKMEN AND EMPLOYMENT PRACTICES Subcontractor shall provide competent and adequately trained and skilled personnel. Subcontractor shall, on request, remove from the Project any person found by General Contractor to be incompetent, unsafe, disorderly, unreliable, or unwilling to comply with regulations. Sub contractor shall provide badges, color codes, or other symbols or identification for its employees, tools and equipment, in accordance with the system specified by General Contractor. Subcontractor shall cooperate in security measures for the prevention of theft, pilferage, and waste. Subcontractor shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, age, or for any reason prohibited by law. Subcontractor agrees to par ticipate and cooperate in the implementation of any Affirmative Action Plan for equal employment opportunity adopted for the Project as a whole. To the extent appli cable to the Sublet Work on this Project, Subcontractor shall comply with Executive Order 11246, or any amend ment, replacement or counterpart thereof, and the parties mutually represent that they are familiar with such provisions and agree that a full copy thereof may be incorporated herein by either party by attachment at any time. 14. LABOR RELATIONS Subcontractor shall comply with the National Labor Relations Act. any applicable Right to Work law, and any other applicable law related to labor relations. Sub contractor shall give General Contractor notice and full information regarding any existing or impending labor dispute affecting the Sublet Work or any part of the work on the Project as a whole. Subcontractor shall cooperate in any effort by General Contractor to mediate or other wise attempt to resolve work stoppages, slowdowns, boycotts, disturbances, strikes, picketing or labor disputes affecting any participant in the Project or affecting any pan of '.r.e Project as a whole, but Subcontractor shall have exclusive control and responsibility for its own labor relations. No such condition shall excuse Subcontractor from the obligation to diligently prosecute the work, unless, in the opinion of General Contractor, or if so de termined by the chief local law enforcement officer, there is clear and substantial danger of bodily harm or property damage to Subcontractor's employees if they should under take to enter the project site and perform their work. If Subcontractor has pre-hiring collective bargaining agreements. Subcontractor represents that they contain or have been modified to contain provisions prohib:,:ng any strike, slow down, picketing, secondary boycotts or work stoppage during performance of the Sublet Work, and that the acceptance of the Sublet Work from General Contractor on this project does not violate such agreement. 15. LIENS To the extent permitted by law, Subcontractor, for itself and all of its lower tier subcontractors and all laborers, mechanics and materialmen hereby waive and agree not to claim any lien against the Sublet Work, but shall rely solely upon the general credit of General Con tractor. Subcontractor shall pay or cause to be paid when due, all bills for labor, materials, equipment or services Form P-50 1-77 connected with the Sublet Work, and shall not itself assert any lien or permit any lien to be asserted or maintained against the Project or any funds or land involved in the Project. General Contractor may pay directly any such valid obligation of Subcontractor, and Subcontractor shall indemnify General Contractor against any such obligation. 16. TITLE TO AND RESPONSIBILITY FOR SUBLET WORK AND MATERIALS The Sublet Work in progress and all of the Owner and General Contractor-furnished items and all of Sub contractor-furnished material, equipment, plant, facilities, fabricated items, supplies, drawings, data, and contract rights intended for the Sublet Work shall be the property of General Contractor from the earliest moment of identi fication to the Sublet Work, subject to General Contrac tor's obligation to pay the price in accordance with the Subcontract. Notwithstanding General Contractor's or Owner's title thereto, Subcontractor shall be responsible for the care, custody, control and safekeeping and pre servation of all Owner-furnished, General Contractorfurnished, or Subcontractor-furnished labor, materials, plant equipment, supplies and other things to promptly repair or replace any such which is damaged or lost, and to complete the Sublet Work and to deliver the Sublet Work complete and in accordance with all provisions and requirements hereof at the time specified. Except as other wise provided in the Subcontract Terms or the Special Conditions. Subcontractor shall bear, without right of re imbursement, the full risk of loss or damage to the Sublet Work and all materials, equipment and other things. 17. SUBCONTRACTING OR ASSIGNMENT Subcontractor shall not assign this subcontract or any funds due hereunder. Subcontractor shall not subcontract any portion of the Sublet Work without the prior written approval by General Contractor of the lower tier subcon tractor and of the form, terms and conditions of the lower tier subcontract. No assignment or subcontracting, even with General Contractor's approval, shall relieve Subcon tractor of any obligations hereunder, or create any contractual relationship between such sub-subcontractor and General Contractor or Owner. Any lower tier sub contractor shall assume unto General Contractor all of the obligations of Subcontractor as they relate to such portion of the Sublet Work. 15. RECORDS AND ACCOUNTS Subcontractor shall maintain good accounting and personnel records reflecting performance of the Sublet Work and shall preserve such records for a period of two years after completion and acceptance of the Project as a whole. General Contractor shall have the right to in spect and audit such part of the records as relate to cost reimbursement or performance of labor related provisions. Copies of documents and records supporting requests for payment or compliance with labor related provisions shall be furnished General Contractor with such request or at such other times as General Contractor directs. 15. BONDS If instructed by General Contractor in writing, Sub contractor shall provide a Performance Bond and a Pay ment Bond in form and with corporate surety satisfactory to General Contractor, at any time required by General Contractor, whether before commencement of the Sublet Work or at any time prior to completion and acceptance of the Sublet Work. General Contractor will separately reimburse Subcontractor the premium cost thereof set forth in the Subcontract Terms unless otherwise expressly provided. General Contractor may terminate this Subcon tract for default or exercise the rights provided in Paragraph 10 of these General Conditions if Subcontractor should fail to provide such bond when requested. 20. INDEMNITY Subcontractor hereby indemnifies and holds harmless General Contractor and Owner from any loss, cost, damage GC-3 EXX 01147 or liability from injury or death of any person, including Subcontractor or its employees, or damage or destruction of any property, arising from or in connection with the Sublet Work whether or not there be concurring negli gence by General Contractor or Owner, but Subcontractor does not hereby assume responsibility for the sole negli gence of General Contractor or Owner. 21. insurance Subcontractor shall provide insurance, with provisions against cancellation without thirty (30) days prior writ ten notice, for the benefit of Subcontractor, General Contractor and Owner and with waiver of subrogation against all participants in the Project, in form and with underwriters satisfactory to General Contractor, with minimum coverages and limits as follows: (a) Workmen's Compensation Statutory (b) Employer's Liability $ (If marine operations are involved, the limits shall be $250,000 per person and $500,000 per accident) 100,000 (c) Comprehensive General and Automobile Liability Bodily Injury - per person $ 100,000 - per accident $ 300,000 Property Damage $ 100,000 with blanket contractual, products and completed operations liability endorsements, and with xcu exclusion deleted. (d) Hull and protection and indem- nity for any marine vessels, with General Contractor, Owner and their affiliates being co-insured. Full Value, but not less than $1,000,000 (e) Such other available insurance or increased limits as General Contractor may request, the premium cost of which shall be directly reimbursable unless otherwise specified in the Subcontract Terms. 22. INSUSANCE ON CONSTRUCTION EQUIPMENT Subcontractor shall fully insure, or self-insure and assumes all risk of loss of, or damage to. Subcontractor's construction equipment and tools, facilities and structures, however caused, including losses caused by vandals or theft, or by the negligence of others, including General Contractor or Owner. Subcontractor agrees to indemnify and hold harmless Owner and General Contractor from any such loss or liability regardless of any provision for reimbursement of uninsured losses. 23. USE OF GENERAL CONTRACTOR'S OR OWNER'S EQUIPMENT If any construction equipment, tools, marine vessels, facilities, or services of General Contractor or Owner be furnished to Subcontractor or used by Subcontractor, on an exclusive or joint use basis. Subcontractor shall inspect and satisfy itself as to the safety and condition thereof and shall return same to General Contractor or Owner after such use in good order and condition and in at least as good condition as that in which received, fair wear and use excepted. Subcontractor shall at its own cost and without right of reimbursement, insure or self-insure all risks associated with such use and shall indemnify General Contractor and Owner against any liability or cost for Injury to, or death of, persons or damage or de struction of property connected with such use even if General Contractor or Owner should be negligent in re lation to such equipment or items used. 24. PERMITS. LICENSES. LAND RIGHTS General Contractor will provide all licenses and per mits required for the Project as a whole to be constructed. Subcontractor shall provide all licenses and permits re quired for Subcontractor to perform the Sublet Work, Form F-50 1-77 Including [without limitation], contractors' licenses, spe cialty permits required by law to be issued to Subcontrac tor, and transportation permits. General Contractor will provide access to the work site and easements or land rights in the work site, but Subcontractor shall comply with all restrictions, limitations, terms and conditions relative thereto and Subcontractor shall obtain such ad ditional easements and land rights as Subcontractor may require. 25. PATENTS AND PROPRIETARY RIGHTS Subcontractor shall pay all royalties and obtain all licenses required for items specified to be furnished by Subcontractor, and for all items and methods selected by Subcontractor for the Sublet Work. General Contractor shall pay all royalties and obtain all licenses required for the Project as a whole or for Owner-furnished or General Contractor-furnished items. Subcontractor shall give prompt notice to General Contractor of any claim of infringement of any patent or proprietary right, and Sub contractor and General Contractor shall cooperate in the defense and disposition of any such claim or suit. The party obligated to furnish the license shall defend and indemnify the other party. 24. WARRANTY Subcontractor guarantees and warrants that all ma terials furnished by Subcontractor and workmanship furnished by Subcontractor shall comply with the speci fications and other requirements of the contract and shall be free of defects for a period of one year after completion and acceptance of the Project as a whole by the Owner, or one year after placement of the Sublet Work in service, whichever is earlier. With respect to items of manufac tured equipment specified by General Contractor and purchased by Subcontractor from others. Subcontractor warrants that the equipment is as specified, and agrees to pass on and assign to General Contractor (or to Owner if directed by General Contractor) the manufacturer's warranty and Subcontractor shall prosecute the enforce ment thereof in cooperation with General Contractor, but Subcontractor shall have no further quality or perform ance warranty responsibility with respect to such items of manufactured equipment. 27. PARTIAL OCCUPANCY AND USE General Contractor and Owner shall have access to the Sublet Work at all times. General Contractor and Owner may occupy and use any portion of the Sublet Work which is sufficiently completed to permit such occupancy and use, provided there is no substantial interference with performance of the balance of the Sublet Work. Such partial occupancy and use shall not relieve Subcontractor of the obligation to complete all of the Sublet Work strict ly in accordance with the requirements of this Subcontract. 2S. CONFIDENTIALITY Subcontractor shall not publicize, publish, or photo graph the Project, the Sublet Work, or this Subcontract, except by consent of General Contractor and in compliance with General Contractor's regulations for the Project. Subcontractor will maintain in confidence and not use or disclose any confidential proprietary information of Gen eral Contractor or Owner. Subcontractor will execute, and if requested will cause its employees or agents to execute, such form of written secrecy agreement, further defining this confidentiality agreement, as is required of other participants in the Project All plans, specifications, data and other material relating to the Project shall be deliver ed to General Contractor, on request when no longer required by Subcontractor for performance of the Sublet Work. 2$. INDEPENDENT CONTRACTOR Subcontractor shall perform the Sublet Work as an independent contractor with exclusive control of the manner and means of performing the Sublet Work in accordance with the requirements of the Contract, unless GC-4 exx 1J479 an agency or other relationship is specified in the Sub contract Terms. Subcontractor has no authority to act or make any agreements or representation on behalf of Gen eral Contractor or Owner, and no contractual relationship exists between Subcontractor and Owner. No employee or agent engaged by Subcontractor shall be, or shall be deemed to be, an employee or agent of General Contractor or Owner. In the event General Contractor should, at the request of Subcontractor, furnish workmen to Subcontrac tor for any purpose to work under the direction and supervision of Subcontractor, such employees of General Contractor shall be deemed to be the borrowed servants of Subcontractor and Subcontractor shall be responsible for their actions while so engaged. If. LAWS This Subcontract is entered into in Houston, Texas, and shall be construed and governed by the laws of the State of Texas. Subcontractor shall comply with all laws, statutes, ordinances, rules and regulations of any govern mental entity, having jurisdiction, and Subcontractor shall indemnify and hold harmless the Owner and General Contractor from any fines, penalties, costs or liability arising from Subcontractor's failure to comply therewith. SI. DISPGTSS All questions arising under this Subcontract shall be resolved in the first instance by General Contractor's project manager. No claim for additional compensation or extension of time shall be considered unless presented to General Contractor's project manager in writing within ten (10) days after the occurrence giving rise to the dis pute. Any claim not satisfactorily resolved by General Contractor's project manager in the first instance, and which is presented in writing within the time provided, may be appealed by notice in writing to the project man ager within ten (10) days after the project manager's initial decision, (a) to the engineer for the Project if the issue is interpretation of the drawings or specifications, or compliance of the Sublet Work therewith, in which event the engineer's decision shall be final, (b) to an Executive Officer of General Contractor as provided under Article 10 if the claim arises under Article 10., or (c) to an Ex ecutive Officer of General Contractor if any other ques tion under the Subcontract is involved. Such review shall be a prerequisite to any further relief. 32, PROGRESS RAIMENTS AND FINAL PAYMENT Progress payments will be made by General Contrac tor to Subcontractor monthly or at other intervals specified, in accordance with the Subcontract Terms. All progress payments are Trust Funds to be applied by Subcontractor to payment for labor, materials, equipment, services and s'JT"*!:?* for the Sublet Work. With each revues* tor progress payment. Subcontractor shall submit proper evidence, including affidavits and certificates, as may be requested by General Contractor showing: (a) the portion of the Sublet Work completed, (b) compliance with all require ments of this Subcontract, (c) payment of all bills, and (d) that no lien exists or' could be claimed arising from the Sublet Work. General Contractor may withhold from pro gress payments ten percent (10%) of the amount earned, as retainage until final completion and acceptance (unless otherwise provided in the Subcontract terms), and in addition may withhold such amount as may be reasonably required to assure compliance by Subcontractor with the terms of this Subcontract. General Contractor may pay directly any obligation of Subcontractor arising under this Subcontract and withhold such payment from amounts otherwise due Subcontractor. Subcontractor shall submit with his request for final payment similar evidence and such expressions of warranty and indemnity as are re quired herein and a release of further claims against Owner or General Contractor. Subcontractor indemnifies General Contractor and Owner against any cost or liability, including attorney's fees, for failure of Subcontractor to perform all its obligations and pay all of its bills as re quired by this Subcontract. Form P-30 1-77 S3, application to cost reimbursement terms These General Conditions define the obligations, res ponsibilities and relationships of Subcontractor and Gen eral Contractor, and apply without change whether the terms for payment are fixed price or cost reimbursable or a combination thereof. The price and other payments to be made to Subcontractor for performance of the obli gations of these General Conditions are provided for in the Subcontract Terms or other portions of this Subcontract. 34. NOTICES Notices of changes, deficiencies, delays, claims or dis putes shall be in writing, and shall furnish full information to the extent available. The party notified will acknowl edge receipt by endorsement of a copy if requested, or will otherwise confirm receipt in writing. Ordinarily, no tice will be given by delivery to the General Contractor's project manager, or Subcontractor's designated represen tative at the site, respectively, and mailing a copy to the address shown in the Subcontract Terms. To avoid dif ficulty in delivery of Notice, sufficient Notice shall be deemed to have been given by mailing by Registered or Certified Mail or equivalent, to the address shown in the Subcontract Terms. 35. INTEGRATION The entire agreement between General Contractor and Subcontractor and all negotiations, proposals, represent ations and interpretations have been integrated into and superseded by the written provisions of this Subcontract. This Subcontract shall be valid and in force when signed by both parties and delivered and the parties understand that thereafter no person is authorized to amend this Subcon tract except by agreement in writing and signed with equal formality. These General Conditions may be modified by the Special Conditions for the Project or by the Subcon tract terms: and the Special Conditions for the Project may be modified by the Subcontract Terms, and as so modified it is intended that all terms and provisions of this Subcontract shall be construed in harmony and with equal dignity and effect. GC-5 EXX 011480