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PLAINTIFF'S EXHIBIT Brown ^RootInc. SUBCONTRACT P. O. Box 3, Houston, Txs 77001 T OF 3 EFFECTIVE DATE 09-05-79 REQUISITION NUMBER 027-3605,0-' suulunihmu Number 27-5794-5001 , . stfN ft ROOT JOB NUMBER/ACCOUNTING CODE 27-5794-(005) 9131 PROJECT NAME OMU UUhr.SLhbuHb- mON C0.f U.S.A. BAYTOUW FACILITY STATE CONTRACTOR'S LICENSE NUMBER (If Required) NOT APPLICA?^ STATE KOT APPLICABLE DATE OF ISSUE HOT APPLICABLE oHssjIT u>"<P*0- __ s gj_-- 'SUBCONTRACTOR? 0|fife>598 itfJjgSTRIAL GOTTITE BOX 5810 @g.DENA, TEXAS 77505 oo a: THE SUBCONTRACT TERMS APPEARING BELOW TO\ GETHER WITH THE ATTACHMENTS HERETO FORM THE PROVISIONS OF THE ENTlAE~8UBCONTRACT. AS OF THE EFFECTIVE DATE OF THIS SUBCONTRACT. PAYMENT AND PERFORMANCE BONDS ARE NOT REI QUIRED BUT MAY BE REQUIRED PURSUANT TO SEN-* ERAL CONDITIONS. CO w t 1.0 S'JBLFT I TOni: , SUBCONTRACT TERMS 1.1 THE SUBLET WORK CONSISTS OF FURNISHING ALL LABOR, MATERIALS, TOOLS, EqHIFMFTiT, SUPERVISION, INSURANCE, AND ALL OTHER ITEM(S) NECESSARY TO FIREPROOF THE T-518 STFUCTURR AND SUPPORT LEGS FOR VESSELS M-515, 516 AND 518, AS SHOWN ON EXXON DRAWING NOS. 81-222-4 REV. 0, AND 81-192-36 REV. 0 AT THE CHU COMPRESSORS, EXXON COMPANY U.S.A. BAYTOWN FACILITY. A 1.2 THE SUBLET WORK DESCRIBED HEREIN SHALL BF. IN ACCORDANCE WITH AND PURSUANT TO THE DIRECTIVES OF GENERAL CONTRACTOR'S PROJECT MANAGEP OR HIS DULY AUTHORIZED REPRE SENTATIVE. 2.0 EQUIPN^T ATH? SERVICES TO BE PROVIDED BY GETTERAL CONTRACTOR GENERAL CONTRACTOR SHALL PROVIDE THE FOLLOWING EQUIP"TENT AND SERVICES TO SUBCO'TTFACTOR DTTRI5G THE COURSE OF THE SUBLET WORK AT NO COST TO SUBCONTRACTOR: 2.1 SPACE ADJACENT TO .WORK AREA FOR PURPOSE OF SETTING UP SUBCONTRACTOR'S EOWIP'tEKT. 2.2 POTABLE WATER. 2.3 USE OF GENERAL CONTRACTOR'S MANNED EQUIPMENT TO LOAD AND OFF-LOAD EOUIPMFT FROM SUBCONTRACTOR'S TRUCK. 3.0 TIME OF PERFORMANCE 3.1 PRESENTLY, THE SUBLET WORK DESCRIBED HEREIN IS SCHEDULED TO COIPfENCE ON OR ABOUT OCTOBER. 1, 1979 AND IS TO BE PERFORMED IN A DILIGENT MANNER UNTIL ALL ASPECTS OF THE WORK ARE COMPLETE. 3.2 MBCOYiy?' SUBCONTRACTOR'SHALL'MAINTAIN CONTACT WITH THE GENERAL CONTRACTOR'S PROJECT MANAGT", OR HIS DULY AUTHORIZED REPRRSEJrTATTVE FOR THE PURPOSE OF COORDINATING AVTY SCHEDUI r CHANGES OF THE SUBLET WOPJC IN ACCORDANCE TO GENERAL CONDITION 4. ATTACHMENTS (as checked) 1] OTHERi [yl MO GENERAL CONDITIONS (1-79) I I SPECIAL CONDITIONS P-7 AFFIDAVIT (2) l SUBCONTRACTOR AUTHORIZED REPRESENTATIVE S'J%&RE JJ --v'? OATE SIGNED BROWN & ROOT. INC. - GENERAL CONTRACTOR . AUTHORIZED REPRESENTATIVE MBU'LViElLLb JOBSITE FILE COPY EXX 004794 A2f (OS-79) u. O M PAGE NUMBER -A-' fc-, SUBCONTRACT/CHANGE ORDER CONTINUATION , = ri''i'c'. 1- DESCRIPTION ..... 4.0 SUBCONTRACT PRICE SUBCONTRACT NUMBER 27-5794-5001 GENERAL CONTRACTOR AGREES TO PAT SUBCONTRACTOR TOR COMPLETE, SATISFACTORY, AND TIMELY PERFORMANCE OF SUBLET WORK IN STRICT CO!!PLIANCE WITH THE REQUIREMENTS OF THE SUBCONTRACT DOCUMENTS FOR THE TOTAL FIRM LUMP SUM PRICE INCLUDING ALL APPLICABLE SALES/USF. TAXES . , ..................................................................................................................................................... $ 5.815.00 T FIRM LUMP SUM 5.0 PAYMENT AND PERFORMANCE BONDS THERE IS NO REQUIREMENTS AT THIS TIME TO FURNISH SEPARATE 1002 PAYMEJTT AND PERFORMANCE BONDS. HOWEVER, GENERAL CONTRACTOR MAY AT ANYTIME DURING COURSE OF THIS SUBCONTRACT REQUIRE SUCH BONDS TO BE FURNISHED IN ACCORDANCE TO GENERAL CONDITION 19. IF BONDS ARE REQUIRED AT A LATER DATE, THE PREMIUM SHALL BE REIMBURSABLE TO THE SUBCONTRACTOR. 6.0 INSURANCE CERTIFICATES 6.1 SUBCONTRACTOR SHALL FORWARD ITS INSURANCE CERTIFICATE STATING THE NAMES OF ITS INSURANCE CARRIER(S) AND CERTIFYING THAT ITS INSURANCE COVERAGE MEETS WITH THF. RE QUIREMENTS OF GENERAL CONDITION 21. 6.2 SUBCONTRACTOR INSURANCE CERTIFICATES SHALL REFERENCE THE PROJECT AND SUBCONTRACT NO., AND SHALL MAIL ONE COPY TO THE FOLLOWING ADDRESS PRIOR TO ARRIVAL AT TUE JOB SITE: BROWN & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 ATTN: K. J. HC COY (01-116) 7.0 INVOICE SUBCONTRACTOR SHALL SUBMIT INVOICES IN QUADRUPLICATE ACCORDING TO THE PROVISIONS SET FORTH IN GENERAL CONDITION 32. BROWN & ROOT, INC. P. 0. BOX 4060 BAYTOWN, TEXAS 77520 ATTN: JOE LABBE 8.0 AFFIDAVIT TWO COPIES OF THE GENERAL CONTRACTOR'S "AFFIDAVIT FOR SUBCONTRACTOR" (FORM P-7) ARE ATTACHED. CONTRACTOR SHALL EXECUTE AND RETURN ONE COPY WITH HIS FINAL OR RETAINAGE IN VOICE. THIS SUBCONTRACT/CHANGE ORDER CONSISTS OF PAGE 1 BEARING SIGNATURES AND AS MANY ADDITIONAL NUMBERED ' PAGES AS SHOWN ABOVE. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. '' . '/ JOBSITE FILE COPY P-11t (0S-7) EXX 004795 TO ENSURE PROMPT PAYMENT OF INVOICES, SUBCONTRACTOR SHALL SIGN THIS DOCUMENT, RETAIN THE ORIGINAL COPY MARRED "SUBCONTRACTOR COPY" FOR THEIR FILE AND RETURN ALL OTHER COPIES TO THE FOLLOWING ADDRESS: BROWN & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 ATTN: X. J. MC COY (01-116) 10.0 ASSIGNMENT SUPPLEMENT TO GENERAL CONDITION 17: SUBCONTRACTOR AGREES THAT GENERAL CONTRACTOR MAY ASSIGN THIS SUBCONTRACT TO OWNER AT ANY TirrF WITHOUT AFFECTING THE SUBCONTRACTOR'S DITTIES, RIGHTS AND OBLIGATIONS HEREIN. PRIOR TO ASSIGNMENT NO COOTRACTURAL RELATIONSHIP EXISTS BETWEEN SUBCONTRACTOR AND OWNER. 11.0 SAFETY REGULATIONS SPECIAL ATTACHMENT ENTITLED, "CONTRACTOR RESPONSIBILITIES FOR SAFETY, PLANT SECURITY AND TRAFFIC REGULATIONS", DATED 1-9-79, IS HEREBY INCORPORATED AS PART OF THE SUBCONTRACT. iu.0 LABOR RELATIONS THE SUBCONTRACTOR REPRESENTS THAT ITS PRE-HIP.ING COLLECTIVE BARGAINING AGREEMENTS, IF ANY, CONTAIN OR WILL CONTAIN PROVISIONS THAT, OR SUBCONTRACTOR HAS ENTERED INTO OR WILL ENTER INTO A PROJECT AGREMFJT MODIFYING SUCH COLLECTIVE BARGAINING AGREEMENT TO PROVIDE. THAT, THERE SHALL BE NO STRIKES, SLOWDOWNS, PICKETING, SECONDARY BOYCOTTS, OP WORK STOP PAGES DPP.INC THE PERFORMANCE OF THE SUBLET WORK. SUBCONTRACTOR WILL FURTHER SUBCONTRACT ONLY TO LOWER-TIER SUBCONTRACTORS HAVING SIMILAR PROVISIONS IN THEIR COLLECTIVE BARGAIN ING AGREEMENTS, IF ANY. .13.0 VOLUNTARY WAGE AND PRICE GUIDELINE IN ACCEPTING THIS SUBCONTRACT THE SUBCONTRACTOR WARRANTS THAT THE GUIDELINES ESTABLISHED BY THE PRESIDENT'S COUNCIL ON WAGE AND PRICE STABILITY HAVE BEEN ADOPTED VOLUNTARILY AND THAT THE PRICES SHOWN ARE IN COMPLIANCE THEREWITH. THIS SUBCOHTRACT/CHANGE'ORDER CONSISTS OF PAGE 1 BEARING SIGNATURES AND AS MANY ADDITIONAL NUMBERED PAGES AS SHOWN ABOVE. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. JOBSITE FILE COPY P-11 (0S-7) EXX 904796 I Brown 7 Root, Inc Post Office Box Three, Houston, Texas 77001 // v\ October 26, 1979 Service Painting Co, P. 0. Box 2353 Beaumont, TX 77704 Attn: Jeff Davis/Project Manager Subject: Subcontract No. 27-5794-5002 Sandblast & Paint Piping and Drums CHU Compressor Baytown, Texas Dear Mr. Davis: We enclose herewith one fully executed copy of our Subcontract No. 27-5794-5002 dated October 24, 1979 for your permanent file. Sincerely yours, BROWN & ROOT, INC. / .Try,/ r V"' / y Kathy'J. McCoy X 1 Subcontractor Administrator Subcontracts Department Procurement Division KJM/jaa Enclosure bcc: E. E. Kernan (original copy) J. W. Cole Accounts Payable - ICD (1 copy) B. M. Holt RF/RMB RF/KJM _ RF/CIR,-- File:('s/C No. 27-5794-5002 Alphabetical File J EXX 004797 Form P-160 (1-79) Brown GrRoot.Inc. KJM/lcm SUBCONTRACT Job Number 27-5794 -------------------------- EXXON COMPANY U.S.A. Subcontract No. 27-5794-5002 CHU COMPRESSOR _____________ BAYTOWN. TEXAS____________________ (Project) Sandblast and Paint Piping & Drums______ (Sublet Work) _______ October 24. 1979 (Effective Date) THIS SUBCONTRACT, by and between BROWN & ROOT, INC., a Texas Corporation, P. 0. BOX 3. HOUSTON, TEXAS 77001. "GENERAL CONTRACTOR" and, Service Painting Company (Corporation. Proprietorship. Partnership) aCorporationunder laws of Texas (State) ,.ioseaddreR.isO. Box 2353, Beaumont, Texas 77704 "SUBCONTRACTOR," whose contractor's license number under laws ofNot Applicable *1 2 3 isNot Applicableentered 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 follow* 1. Subcontractor promises to perform the Sublet Work for the Project in accordance with the Contract Documents. 2. General Contractor promises to pav 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-X3a3QD00ffiffl c. "General Conditions" P--50 (1--79) d"Affidavit for Subcontractor" (Form P-7) |j Prelect Account Code f Versdor Cede Me. IMP IZlj `"Contractor's Responsibilities for Safety, Plant jiSecurity and Traffic Regulations" , (April 1, 1978) |Wet ?:iM: $ et> j ferns: W~ 10^ p*. Page 1 of 2 i. EXX 004798 Form P-160-01 (1-79) Subcontract No. 27-5794-5002 The foregoing constitutes the entire contract, and supersede all pnor proposals, negotiations, agreements, awards, letter o< intent and written or oral statements, representations or agreements. 4. The Effective Date set forth above is the date as to which alt 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, specifications and other Contract Documents <n their condition on that date. Changes after the effective date will be dealt with m accordance with the provision for changes. Anv work commenced and any payment 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. J- 'Thit/iAAJ________ D. E. Newton Vice President - Procurement Date: 'iltnf&mkW pg; SUBCONTRACTOR: ______ Service Painting Company TlIle Vice President Date 11/6/79 Page 2 at 2 EXX 004799 PAGE 1 OF 4 SUBCONTRACT TERMS Subcontract No. 27-5794-5002 1.0 SUBLET WORK 1.1 The Sublet Work, in general, is to perform the sandblasting and painting work required at the CHU Compressor at the Exxon Company Facilities located in Baytown, Texas. 1.2 More specifically, the Subcontractor agrees to perform the Sublet Work which consists of furnishing all labor, supervi sion, materials, tools, equipment, taxes, insurance, and incidentals necessary to sandblast and paint piping and drums at the location described above, all of which work shall be performed in accordance with and pursuant to the requirements of the drawings and specifications listed in Subcontract Term No. 2 hereunder and all other provisions of the Subcontract Documents. 1.3 Subcontractor shall perform all work described herein in accordance with the directions of the General Contractor's Project Manager or his duly authorized representative 2.0 DRAWINGS AND SPECIFICATIONS The Sublet Work shall be performed in accordance with, and all materials furnished by the Subcontractor shall comply with and conform to the Drawings listed in "Table I", Rev. 1, July 19, 1979, Appropriation 32212-81140; as attached hereto. 3.0 TIME OF PERFORMANCE 3.1 Presently, Subcontractor is scheduled to commence performance of the Sublet Work on or about October 22, 1979 and to perform all work in a diligent manner until all aspects of the Sublet Work are complete. 3.2 Subcontractor shall maintain contact with the General Con tractor's Project Manager, or his duly authorized represent ative, for the purpose of coordinating any schedule changes of the Sublet Work in accordance with General Condition 4. 4.0 SUBCONTRACT PRICE 4.1 General Contractor agrees to pay Subcontractor for complete, satisfactory, and timely performance of the Sublet Work strictly in accordance with the drawings, specifications, and requirements of all of the Subcontract Documents the following Firm Lump Sum Price, inclusive of all sales and use taxes: EXX SUBCONTRACT TERMS -2- S/C No. 27-5794-5002 4.0 SUBCONTRACT PRICE - (Continued) 4.1 (Continued) NINETEEN THOUSAND TWO HUNDRED EIGHTY-SIX DOLLARS AND 00/100 (Words) $19,286.00 (Figures) 4.2 Payment and Performance Bonds There is no requirement at this time to furnish separate 100% Payment and Performance Bonds, However, General Contractor may at any time require separate Payment and Performance Bonds in accordance with the provisions of General Condition No. 19. If Bonds are required, the premium of said Bonds shall be reimbursable to the Subcontractor. 5.0 PAYMENT 5.1 The followingparagraph supplements Paragraph Number 32 of the General Conditions: Subcontractor shall be paid in monthly progress payments the value of the Sublet Work satisfactorily performed during the preceding month based upon the firm lump sum price detailed and described in Subcontract Term No. 4 less 10% of such value as retainage until final completion and acceptance of the Sublet Work by General Contractor. Subcontractor shall prepare and submit an invoice for the proposed monthly progress pay ments and shall submit supporting documents and proof of pay ment of all bills for labor and materials, as may be requested by General Contractor. Subcontractor's invoice for proposed monthly progress payments with requested supporting documents and proof of payment of all bills will be submitted 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 satisfac torily completed and accepted and Subcontractor has submitted the affidavit as called for below. 5.2 AFFIDAVITS Two copies of the General Contractor's "Affidavit for Sub contractor" (Form P-7) are attached for use in implementing the provisions of General Condition No. 32. Subcontractor shall execute and return one copy with his final or retainage invoice to the address shown below. EXX 004801 SUBCONTRACT TERMS -3 - S/C No. 27-5794-5002 5.0 PAYMENT - (Continued) 5.3 INVOICES Subcontractor shall render all invoices to the following address: Brown & Root, Inc. P. 0. Box 4060 Baytown, Texas 77520 Attn: Joe Labbe 6.0 INSURANCE Subcontractor shall forward his Certificate of Insurance stating the names of its Insurance Carriers and certifying that its insurance coverages meet the requirements set forth in General Condition No. 21 herein to the following address, in addition to the address shown in Subcontract Terra 5.3 above: Brown & Root, Inc. P. 0. Box 3 Houston, Texas 77001 Attn: K. J. McCoy (01-116) 7.0 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 agree ment 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. Sub contractor will further subcontract only to lower-tier subcontractors having similar provisions in their collective bargaining agreements, if any. 8.0 ASSIGNMENT OF SUBCONTRACT TO OWNER The following provisions hereby supplement General Condition No. 17: Subcontractor agrees that General Contractor may assign this Sub contract to Owner at any time without affecting the Subcontractor's duties, rights, and obligations hereunder. Prior to assignment no contractual relationship exists between Subcontractor and Owner. 9.0 SAFETY AND SECURITY Subcontractor shall perform the Sublet Work in strict accordance with the provisions set forth in the attached document entitled "Contractor's Responsibilities for Safety, Plant Security, and Traffic regulations", dated September 1, 1978, which is hereby incorporated as part of this Subcontract by reference. EXX 094802 SUBCONTRACT TERMS -4- S/C No. 27-5794-5002 10.0 WAGE AND PRICE GUIDELINES In accepting this subcontract the Subcontractor warrants that the Guidelines established by the President's Council on Wage and Price Stability have been adopted voluntarily, and that the prices shown are in compliance therewith. EXX 004803 Rev. I, July 19, 1979 Appropriation 32213-81190 TABLE I (CONTINUED) Drawing Number Title Mechanical Flow Diagrams o> oo 81-198-10 81-198-11 CHU, BOP H2 Booster Compressor, Mechanical Flow Dia CHU, BOP H2S Removal Reactor, Mechanical Flow Diagr Plot Plan 81-139-5 81-140-7 CHU, C-503 Area, Underground CHU, Plot Plan Piping 81-190-39 81-190-40 81-190-41 81-190-42 81-190-43 81-190-44 81-190-45 81-192-32 81-192-33 81-192-35 81-192-36 81-199-12 81-382-1 81-33C-1 CHU, Key Piping Plan CHU, C-503, F-503, M-515, M-516, M-518 Piping Plar. CHU, T-518 Piping Plan CHU, M-517 Below El. 33'-0" PS No. 25 through PS Jc. 27 Piping Plan CHU, K-517 Above El. 33'-0" Piping Plan CHU, PS No. 27 through PS No. 33 Piping Plan and Sectio CHU, C-503 Utility Piping Isometric CHU, C-503, M-515, M-516, M-518, F-503 Piping Sections and Details CHU, T-518 Piping Sections and Details CHU, M-517 Piping Sections and Details CHU, M-515, M-516, M-518 Instrument Piping Sections CHU, Line Schedule CHU, C-503 Oil Mist Details and Isometric CHU, Fire Monitor Assembly and Details Civil/Structural 81-71-7 81-71-8 81-71-9 81-71-10 81-221-1 81-222-4 81-240-12 S-81-71-7 S-31-71-10 CHU, C-503 Foundation Plan and Details CHU, C-503 Foundation Sections and Details CHU, M-515, M-516, M-518 and T-518 Foundation Details CHU, M-517 and Firewall Foundation Plans CHU, Miscellaneous Pipe Supports Plan and Details CHU, T-518 Miscellaneous Supports Plans and Details CHU, M-517 Platform Plan and Details CHU, C-503 Foundation Reinforcing Steel Schedule CHU, Foundation, M-517 6 Firewall Reinforcing Steel Schedule CtJe/. r- .-,c W-S'S, M-S/6, **-$*, To - sy-s-s-c. Scjve-cuc^' EXX 004804 GENERAL CONDITIONS Form P-50 1-79 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 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 progresses. The Schedule for 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 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 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 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 004805 Form P-50 1-79 shall comply with all safety standards, rules and regula 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 Project 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. DELATS 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; orovided, 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 reimbursed 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 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 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 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 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, Genera! 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 EX* 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 tor for any purpose to work under the direction 3nd 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. DAWS 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 a 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 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 Genial 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 Form P-50 1-79 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. 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. 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 4/ * 'S,\* .* 4^. :^44T'. ^ " -.v--.-v5 vl"; ;,''!' ' NOTE: This Affidavit is to be executed and returned with final or retainage inJbS^v-'' f- W-'lv<1-.`;a-*'i'l*' i'i '}, X' Cf)r"'X`' '<* ? BROWN eTROOT, INC. P.O. Box 3>y^ < ifousfon^ Texas 77001- ' /f frt, v ?> i' it - `- ' - ^"" s rv`; ^>V , ; v, ; if!* 'AFFIDAVIT FOR SUBCONTRACTOR" RE: SUBCONTRACT; Name of- Subcontractor:. e , - . XA--}/,t' 44*`**^'*.' ^ t * "V' .* V ,-1? / -, - ,< - i v ` > 1^,;' ? jij'/ I, !. t NO. " >' ' 'tXX I if;' ss>. V ' Oate * of , Subcontract: ' '' *> J I'" ;------- .v:..*J ` 'y *> V; -. lK l .\. - i:`- ' > *'*'* Name of Owner under General Contract:: 1 V -J T V T- *- .N ~ ' - ^ >' l \. > * - ' ' .' . -- - ^/ . ' WHEREAS/The; above-named Subcontractor/ heretofore,;entered into the above-referenced ` ,gis^<asggHaip!^^ i ,, .^1raei5rl9^^H^fV9n^Sl^^3l^tecMl^raNirric^d/GiarMnlrContrtc^fahdff^ .* *. -,- ,,,-- - , r V- V ''-"* **' ' - '\ ' V ,.; WHEREAS,;Under said Subcontract: certain monies; are 'not due and payable unto Subcon- f;ftractor^ untij^all bills for labor,. maforial:and;o^w.charges a in the |>erformanoe of the Sublet *:/ Work havebeen hilly paid by theabove Subcontractor; _ ; ' ;` ; I^ ^ >i \ i T r-r -V ^ i*/*' *;>; NOWTI^EREFORE, For the'purpose of inducing BROWN & ROOT/INC., to pay over such;} ^|moniK|un^Weta|me Subcontractor. the undei^gned affiant does depore. say, affirm and feprer/T l ^si^1^S|^W^iRi0PT, INC., that all. bills for labor, material,'re-sublet work; equipment rental, ; ' ?t.tjw^'Hi*^4c^;ra'an other charges arising^ in the performance of the Sublet Work have been ' r;", .swsr1 vsiiapww**1 wuwiiuauwif BAueui oa iviwws. > r*- fM,< - / - ' *f n X. 1* r> ` ,vv-.V > t>j;T V r-H * >* : Name:. :\f v' j,: '/i For Subcontractor v' .-'or - ;C* <'->>~ IQ' -^'^4!'-; u* I '^V-'v-'r* i .'* ~ ! i\,/1( *** t w V^^i- ^ 4 ^ X* V,V^. V-v.-j ^-4'.*/^ 9* r L%- ... - , ^, *;-v%-, ' 'i '> !~* VV- . > , '!> *, ''-.*sz.-` i ' ' ' ',^'l-^r I , . > ~-~~i v'V v**.,5* 't* >$&'. 'Al-.-s, /#: l^Y^v; /'V, V'* < /l' Sv^/,-1 lrfT'` .1 -V" "". f ' h f:f **<, - * % r *-' "it4 "i '* T y,' 1a-*^ 't/^vifs'V- -P< / vi,%*S4aA S -V^ -day A , to certify which witness my hand and seal of office. r- N NOTARY PUBLIC j-K,, County ofi State of__ EXX 004808 i* h V aKL 4,# .' 4. ? sf4 yrF&:w?~'$ rj j ; : NOTE: This Affidavit is to be executed and returned with final or retainage invoice. 4 cQ-'CY V '' 'AX A A/Ca ........ _..' ........... &WXS1SK. WN & RooT^'lNci^lP;: >' BROWN & Root P.O. Box 3 4 Houston, Texas 77001 `.fi* JM-1 k r'r i&0h8 "AFFIDAVIT FOR SUBCONTRACTOR" RE: SUBCONTRACT, f*" Name of Subcontractor:. .VA?>4_ '*#;-. ADateof Subcontract:-- lW9u%* ih' L' ' Name.of. Owner under General Contract: NO. :4 Ij.'a-: r ' -'A ; .Vn.'t. V.-t ' - t rt*tt S&'y. ^ V#i IJilSt# .AW WHEREAS,....t.h...e....a..b..o..v..e..-.n..a.m...e..d... .Subcontractor;'' heretofore, entered into the above^reiefeinced .'f -Bi OTi^lNC ^ss b Gfinsrsl Contractor for* Dfirformsncs bv SubcofV ^ L tr.a..c..t..or of S--u-b- lkWorkunderitheabove-referenced General CoCngtrfaVc-'t/;t-a-1n'--d-''.. ^ ,.f . . ...^,, ^ j ->?r- ^ '"fAs WHEREAS, Under 'ira.idtSu^^nj^^^a^inrmqnte^VreA^fi^uejVnd payable*unto,Sulxin^ J tractor until all. bills for la^r,|materiai;and otoer char^es arising in the'performance of theSublet; a : Work have. been fully paid by the above Subcontractor; l H'-^N0^HEPEFORE/:''l$J^ , monies unto'the above Sub^f>iract6i^. ^undersigned, ariWit4?iB!*9 ^^P9**fc***V, ?ff^'!! .rapj*f^ .. sent .to BROWN & ROOT, INCi^that.ail, bill* for labw;Tn^daC?rfrtoblet work, kjuipmwiit rentel^ taxes, insurance" and all otoef charges arising in / /'is ;. _ -v" . v>vV ^ :.iv^^V jAifer-.. ,1y 1 y!-.| yi. &/. `isiSS?-:: : Title: Name: i8s3@& A'j'" '. S;V Ps^^;s{#F I For Subcor^ractor^'fi^ | JTM&'i..5- - - SUBSCRIBED AND SWORN TO before me this the. .day; I. ; ^ L ,Of. ., to certify which witoess my hand and seal of office.; mm V 'I fc , ii?<'1 *_'_4*-V''^-. it'',51 'V^vI\T A ..J * - >ft! ,'t XV ?.`i Si t-ift rK 4 i > c ^ ^v < i'- -. 'a' Hi**?' .'> A S'v ft ',- A"-'' NOTARY PUBLIC , County of. sfe* I'AvV.W ~ State of___ a. ; n/**" rv* EXX 004809 CONTRACTORS' RESPONSIBILITIES FOR SAFETY, PLANT SECURITY, AND TRAFFIC REGULATIONS BAYTOWN REFINERY January 1, 1977 EXX 00*81 1 TABLE OF CONTENTS I Sctfon 1 Caoeral Definitions Section 2 Safety Rules ........................................................... ................................................................. Personal Clothlag and Protective Equipment ........................................ ................................. Entering Proceee Areas ..................... .............................................................................. Verkin* Over or Hear Water .................................................................................. . Cuardlng Equipment ....................... Housekeeping ................................................................ Smoking and Matches ............. ........................................................................ .................. Bead and Power Tools .............................................. ...................... ................................ Electrical Tools ........................................................ Ladders sod Scaffolds .................................................................................................... Evacuations ......................................................................................................................... Connections Into Existing Equipment ...................................................................... kail road ................................................................................... Hoisting Equipment ........................... Katsrdou* Material# ................................... Coapressed Air -- Tard Air Spstea ......... ...................... ........................................... Warning Signs ..................................................................................................................... Coapressed Css Cylinders .............................................................................................. Eire Prevention -- Tire Fighting .............................................................................. Vorkiog In Vicinity of Electrical Lines ............................................................... Refueling Vehicles and Equlpaeot ................ Potable Water ................................................................. Working oo Asbestos Cement Hoof ............................................ .................................. Traffle Safety Regulations .............................................................................................. Section 3 Contractor's Safety Responsibilities Section 4 Electrical Lockout Procedures ..................................................................................... Electrical Circuits andElectrically Powered Equipment ................................ Electrical Lockout ........................................................................................................ Electrical Disconnect .................................................................................................. Abnormal Conditions .................................................. Power Llocs ......................... .......................................................................... ...................... Removing froo Service .................................................................................................. Work Oo or Adjacent 2,300-Volt Linas ................................................................... Pigi 11-1 11-2 11-4 11-3 11-3 11-6 11-6 11-6 11-7 11-6 II-9 11-9 11-10 11-10 11-11 11-11 11-12 11-12 11-12 11-13 11-13 11-14 11-14 11-14 II1-1 IV-1 TV-1 TT-l TV-4 17*3 TV-6 17-6 17-12 EXX 411 Ae-'rf. ltW''%. r/*f*r'ff*l ^ --V" <J2r _ ^4r?.?e VtUr*. - ... Jr^v^j-'<V#I;7 ;v V j ^v-3. <^->^55t; r^^^>'lr~c-^:^T^---T Teble of Contents - Continued h;t Section 5 fee Work Pernlt ............................................................................... ................................... Open Area* ..................................... ............................................................. ...................... Karine Dock* ...................................................... ..................................................... .. bdeitd Spec** .............................. ........................................................... .. Section 6 V-l V-J V-9 V-10 Procedure for Entering Encloaed Specti ............... ................................... ................ Eater log Without Protective Equipment ................. ............................................... Entering With Protective Equlpaent ......................................................................... Standby Out lee ................. ................................................................................................. VI-1 VI-2 VI-5 VI-b Section 7 Opening or lliodlog Peralt ............................................ ................................................. VII-1 Section 8 Cold Work Pernlt .................................................................................................................. Section 9 VIII-1 Security Regulation* .......................................................................................................... Perking Location* ............................................................................................................ Entrance Cate ................................ Walk* nod Headway* ...................................................... Contractor Eaployee Hedge* ..................................................................................... Contractor Vehicle Identification ........................................................................... Kate rial Paa*c* ....................................................................................... Theft* ................................................................................................................................... Canbllng ....................................................... fetlnea* Vlaitor*, Applicant*,and Delivery Truck* .......................................... Aabulanc* Service ............................................................................................................. Inapectlon of Lunch kit*, Package*, Kotor Vehicle*. ..................................... Caoera* *od Photograph* ................................................................................................ Liquor, Drug*, Plreare*, andExploalv** ................................................................ flatting and Loitering* ................................. fingerprinting ................................................................ H-l 12-1 Q-l 12-1 12-1 H-2 B-J 12-2 12-2 12-2 B-J 12*3 12-3 12-3 B-J B-4 ~viss*:4 '^TjrTrrrjr-rrjp JU*T7m7B ,?> yFHT t*wm yivimi* I %. - - -"'.o'. *"**' .... . ^ v.,* * * .'j**** . ',*>* * ,. . , EXX 004812 Ttblt of Contents Continued * 2.Y1rsT^/^r * ^^rirj Kc-^v^rr- j---i ,J -' <--*>_J I .* * / __ W *=5f- =#,,.--.f*^`V_--.:-"' v.' Section 10 Coeral Regulations ................. ........... .................... .. Authorization to Start Work ........................................ Contractor'# Equipment .................................. Explosives ........................................................................... Paa of Lloaa, Conduits, or Seructurta aa Support# Ucc of Stanchion# or Equipment for Anchor* ..... Oaaage to Ovnar'a Property ..................... Operating Owner'* Equipment ..................... .................. Pa* of Special Vehicle* .............................. Eire Extinguishers ........................................................... Veld log ................................................ ................................. Securing of Teoporary Building* ................................ Exit fro# the Plant ......................................................... Xon-Engll*h-5peaklng Personnel .................................. Hurricane Precaution* .................................... ............... Contractor Accident Reporting ................... ............... Emergency Evacuation Procedur* .................................., Contractor Safety Meetings .......................................... , Pi;t l-l x-i X-l X-l X-l X-l X-l X-2 X-2 X-2 X-2 X-3 1-3 X-3 1-3 1-3 X-* X-4 st ir. -gggss -*>^=71 jwSxf V * ; E-us*.; \.> ratTn/'ftf > 1 veo-'r' l" (*-<***'----- ` T . a re . W EXX 004313 .f ,1 ^ 4 -v r . * 1 ;-v- Section 1 GENERAL DEFINITIONS FOR SAFETY MANUAL PERSONS 1. Chief Oprrator -- The Proem person who I* responsible lor Process operations in * processing area and has Ihr authority to supervise Prom* prrsonnrl and issue work permits. 2. Contract Administrator -- The Exxon Meehanseal or Process supervisor assigned by the owner to assure that the contractor adheres to the plan*, specifications. and Refinery safety rules. 3. Contractor -- The firm under Cimtmet to Zxmt Co>njiiiy. U S A. to fvrform uort It llir Bnvhmni Refinery The term afv mclndif thoff firm5 riiipfiyrd a mhenutnrlon fry the prime emilnetor. 4 Department Held -- The person in charge of a Process department, i e , Fuels. Specialties. Oil Movement', Uhlilicsand Environmental Control, or Baytown Fuels Eipansion. 5. Maintenance Supervisor -- The Mechanical pervm, either Exxon or iiulrictor, who has the authonty to supervise the Mechanical work crew and a responsible for their work execution. 5 Mechanical Personnel or Person -- Any of the Mechanical work crew (Supervisor. Craftsman. Trainee), cither Exaon or eonlntetor. performing work in the Refinery. 7. Owner -- Exxon Company, U S A.. Baytown Refinery. (.Operating Supervisor -- The second-line supervisor in Process and the immediate super visor of the Chief Operator*. 1-1 #. Process Personnel or Person -- Any of die Pro ms work new (Chief Operator, Process Techni cian, or Process Technician Trainee) who has fob responsibility for the assigned processing area 10. Safety Permit Inspector -- The person who has the primary responsibJiry ot performing gas tests and inspecting the jobsite for compliance with applicable safety rules and standirds for the purpose of issuing work permits. 11. Standby -- The person designated by the Chief Operator and'or the maintenance supervisor to warn persons of.hazardous or emergency conditions that could affect their safety. PLACES 1. Enclosed Space -- Any space that can be closed or has restricted entry or exit, such as ves sels, tanks, boiler*, furnaces, etc Also included are confined spaces, such as pits, sewer*, excava tions. where tne heads of personnel working are below the lop of the confined space. 2. Processing Area -- Any area under the juris diction of Process personnel. 3. Refinery -- The manufacturing facilities of Exxon Company, U.S.A. located in Baytown, Tex*. ACTIVITIES -- CONDITIONS 1. Cold Work -- Any mechanical work that doe* not involve hot work or opening, blinding, and entering processing equipment. 2. Hof Work -- Any work requiring the use of burning or welding *nd brazing equipment, exp losives, open fires, portabtrgnnders. unattended Internal combustion engines, concrete busters, soldering irons, nonexplosionproof electric motor* (including motor chipper*, drill*, and 1-2 `iliSfe* C^v;i-cxr feRrf^i v'**- -~j- J Jp^wpV^*--^ v_ '- -n* ,-*'. A_-C _y"-t .i'^-- ;,jsfesg; s%^fSr*3 l^r`- ~- zs--/*rL . r, - f f-Ti -~- -r -C v^Tr^-^r: -) Uwi), nonexplosionproot Hour or siring lights, sandblasting. explosion actuated tools, electric hot plates. or any other flame- 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 using conventional construction methods. 4. Opening -- Exposing the interior of any pro cessing equipment, including piping, to the at mosphere. Trus includes removing covers, break ing flanges, pulling plugs, etc. It does not include draining or venting through a valve. 5. Blinding -- Installing temporary slip blinds into piping or blind flanges onto equipment for the purpose of isolating or closing processing equipment. 6 Flammable Material -- Any material that will ignite and continue to burn in air. 7. Eiplosive 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 oiygen concentration of less than 19.5 per cent. f. Toxic Materials -- Any subslancefotherlhana radioactive substance) that has the capacity to produce penontt injury or illness to man through ingestion, inhalation, or absorption through any body turftee. 10. Musi and May -- "Musi" is used in the man ual to indicate mandatory compliance "May" is used lo indicate that good judgment shall be exer cised. 1-3 &ir5sa ' ser't* T" r. i ' . .<s.. I ? EXX 004815 -- . f| -rATT-:S-r -d 'T-- ' - _ ^~>>yv<3 <* * fc ,\-- > 'J ^0s*^y^;*-T.'-/ *-8 -'* - 'c- ' S^~t~\c t ,. -J3 "*' "*"? a" -n .?b.'Tv- '-C.-.*^ ^}P^T.', .V* ,,C-w. .^Tn* -*'' _ , ;to- r^wwrifasfc :V< w^_ stsrael : 2i;i S-i7 Section 2 SAFETY RULES PURPOSE The purpose of these personnel. equipment. *nd traffic* safety ruin it to specify minimum safety requirements that must be followed to prevent injury or death to persons and damage to proper ty These rules in thetr entirety apply to all per sons. including the ccmtractnr rmplcycct working in Enon Company. U.S.A.'s Baytown Refinery. Additional rrrjuirrmmts for CP"tractor* and Ihnr nphymarc ihnum in italic tyjr th rpufhpu t the manual. DEFINITIONS Definitions of terms used throughout this manual will be found in Section 1. Special definitions that apply to a specific permit or work procedure are in the applicable section of this manual RESPONSIBILITIES 1. Supervisor* 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. (2) Use and application of appropriate pro tective clothing, equipment, and device*. (3) Use or application of tools and equip ment. e. Cooperate with other* where the safety as pects of a )Ob require coordinating the rfforb of one or more work groups This includes, but i not limited to. the securing and/or issuing of a yellow PERMrT TO ENTER, green HOT WORK PERMfT. white OPENING OR BLINDING at PERMIT, blue COLD WORK PERMIT. ELECTRICAL LOCKOUT PROCEDURES d. Develop a *afe work plan for the job to be done and see that the plan is well understood and followed. 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 eipecled that they will be handled within the guidelines contained in this manual Safety is not to be sacrificed for production. 2. Individuals, Enon and contractor, working in the Baytown Refinery are responsible for their own safey and for the safety of other workers and for reporting injuries to themselves or others to their appropriate supervisor Each person must assure himself that his work situation is safe and that he has adequate instructions, proper tools, and proper protective clothing and equipment He must also make sure that necessary work per mits have bren 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 be worn If 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 w >th soap and water, and the situation reported to the *upervisor*nrf In the Cnon npm is>r m cha'je or Contract Adinmutraijr in rev nf conlracim (2) Protective clothing that fuffy coven the body (arms. legs, shoulden. etc ) must be D-2 r<c.x- -mnirmwv-wi w < " 'l , EXX 0Q48IS Z^^'r rr - -*- j* Pr -- -*rr- vr^-s; P 'T-^vvrl J* '`rr.-r -.a '^??JLr, , 4 a.'TuO `-'."m.v-w-,. Vyv-WfcU*. &T--ST03. x^r^z^r. ~ .-fi.---jiU-.:/: &- rf-^-.v^ w- -' - - ..`-t.rr? worn except *1 certain locations specified bv (he Department Head after consultation witfi the Safety Coordinator. (3) Loose clothing, 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 arras of the Refinery except at certain locations specified by the Department Head after 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 fircblems requiring the wearing of contact ensesmust use appropnate rye protection as recommended by a medical doctor depend ing on occupahonal exposure (For Exxon employees, the Medical Department will rec ommend appropriate eye protection.) (6) Goggles and/or safety glasses with side shields must be worn in those areas where the possibility of flying objects exists. (7) Chemical goggles must be worn in those areas where exposure to chemicals or liquid hazards exist. (S) Respiratory protection must be worn where the atmosphere of the work area is contaminated by hazardous dust, 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 ts a possibility of exposure to acid, caustic, or 3 Other hazardous material (10) Bright-colored vests or equivalent highly visible atnre must be worn by mem bers of survey parties when working on or adjacent roads (11) Safely bells 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 lope 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 corton are unacceptable), or ear muffs must be worn when working in areas designated with warning signs as "high noise area " Ear protection is required when using tools marked "caubon -- hearing protecoon re quired when using this tool" and in areas where equipment or tools generate sufficient noise to make normal convervinon difficult b. Entering Processing Area No person shall enter a processing area (includ ing firewalls of operating tanks) without the permission of the Chief Operator or his deigruled representative Chief Operator 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 ts connnuous Once a-a J V* ta . .* ' t.' i* \ -V4 -. ^ *J|| v t_J J I. W' ,rp T- j* mv- ' EXX 00*617 k'Jlrfrk: Si J^ri T>i* j -V--^ f* <X^ l^~" c*.^> / s&s-e^f^Se .'-=rx.-.ve- yd A. >^7^- ^ "ad 'A. -T-_ \ -3 fcjr* < work is interrupted. such 11 lor lunch breaks, permission must again be obtained Vehicles entering those areas may be required to have parkproof mufflers Of their equivalent as re quired by the Chief Operator nr the Contract /JmwiilreLir in Hit rev of contractor letiirles. C. Working Over or Near Water The U S Coart Cuard approved life preservers must be won when working on barges or di rectly over water, such as under the docks, from a boat, above pis, 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 proceed ing (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 andtor Chief Operator's approval be fore proceeding. o. Guarding (1) Temporary openings in floors, handrails, etc., must be guarded to prevent falling Re store permanent handrails and guardrails immediately after need for opening has en ded. (2) Open excavations or manholes must be guarded or covered before leaving the job and during the job if practical. (3) Arras into which materials or tools are to N-$ be deliberately dropped or thrown must be guarded or protected f. Housekeeping (1) Aisles, passigrways, stairs, platforms, and ladders must be kept clear of all unneces sary obstructions. (2) Protruding nails that present a srvat or puncture hazard must be removed or bent down. (3) Worksite must be kepi clean and orderly. (4) Debris (including mud from wheels) that falls from transporting vehicles must be picked up. g. Smoking and Matches Smoking in the Relinery except at approved locations is prohibited "Slnke-anywhere" matches must not be brought into the Refsnery. h.Hand and Power Toots -- Portable Machinery (1) Defective loots must not be used. (2) Tools must not be subject to undue stress or used for purposes for which they are not designed. Make*hilt tools 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 br ad justed to within W-inch maximum of the wheel. Do not use abrasive wheels that are visibly in bad order. (5) High-speed abrasive whrrts must be properly guarded as required Do not stand M Tae'v-v nr yj^W'^r.^aypa'Tn'uq TS'icmwy EXX 004818 1T_--t, -wN -^rrliS'i'-'^3 - ?*-.,. t,* rS^i:r B;-^SQ' '*" *rr* x*ss?-*s? s^*sg& Ite^l v>^*S.*^r*ri2viJ &CvVS.>Jtr!Fr- m line of unguarded wheels (C) Tools must not be started or used unless ll required guards are in place. I. Electrical Tools and Equipment (1) Electric*! switches must not be operated without lull knowledge that the results will not constitute a safety hazard (?) Portable electrical tools, metal buildings with elvctncal 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) Crneral purpose two- or three-cell flashlights (1.5 volts per cell) may be used everywhere escept when- use is prohibited by governmental agencies, such as at the docks. (4) Eiplotionproof, approved portable lights (Underwriters Laboratory or Bureau 0/ Mines approved) must he used where hot work is not authorised This includes porta ble etplosionproof hand lamps, portable esplosionprouf floodlights, and eitension cords (plug boards) with eaplsrsiunproof futures. EXCEPTION: Fued-mount. lake-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 esrept for cleaning, repairing, or replacing lamps Esplosiunprool futures shall be opened only by authorized persons B-7 |. 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 tidtrails shall extend at least 36 inches above the landing. (2) Ladders must be located where possible where they cannot be bumped When located in arras Such as in front ol a door, in the sheet or aisles, etc., adequate precautions must be taken to protea both the climber and others who may be in the area (3) Good 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 Sid reads of the ladder (4) Scaffolds must be constructed to Support at least four times the manmum intended load without failure (5) Platform planks must be laid with their edges dose together so that there are no spaces large enough for tools or fragments of materials to fall through. (6) Swing scaffolds must be lowered and lashed at the end of the shift (7) Access ladders or other safe means 0/ ac cess to all scaffolds must be provided. (8) Standard handrails and toe boards must be provided on all scaffolds 10 feel ot more in height. (9) Tools or materials on scaffold platforms must be placed in such a manner that they will not aeale a tnppmg hazard or become dislodged and faJI. (70) Alterations to scaffolds must be re- M 'c /.M li ported lo the appropriate supervisor. (11) Non Conductive tedders or scaffolds must be used when working on open ener gized electrics! circuits. k. Excavations (1) Oo not enter or work in cicavslions that will require * person's head lo be below the level of the ground until: (a) Obtaining a yellow TERMIT TO EN TER, (b) Shoring or sloping the excavation to prevent sloughing of earth. (c) Effectively storing or retaining exca vated matenal at least two feet from the edge of the excavation and (tf) A ladder or ramp for safe entrance and exit ha been provided. (?) Guard or cover all excavations before leav ing job. and during the job if practical (3) RED CONCRETE UNDERGROUND signifies the presence of an electrical circuit. Slop excavating and notify the Maintenance Supervisor and the Contract Adnwirslratur m cnv of contractor pn/Aym. l. Connections Into Existing Pipelines, Equipment, or Service After a fic-in has been made connecting new construction lo existing lines, equipment, or sewers, the whole pipeing equipment or sewer system involved must be considered the same as existing tines and equipment, and applicable work permits must be obtained (tom the Chief Operator before additional work can be done on any of these lines or equipment. After new Ml sewers have been tied into Ihe sewer system, any hot work in Ihe area of the new sewer must terminate. Any further hot work requires a new HOT WORK PERMIT. m. Railroad (1) Constructing or placing any permanent or temporary obstructors closer than eight feet 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. (?) Riding on railroad equipment is prohi bited. (3) Tank car ladders and hand irons must be used. Do not jump from loading rack tc 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 shn/t or bosun chair must be used. (4) Loads suspended from mobile equip ment must be secured lo prevent swinging. (5) Cuy tines, mooring tines, or load lines must not be placed in such a position that they will tighten against operating equip ment, pipelines, tanks, or machinery. (6) Insulating swivels must be used nn all bosun chairs or baskes when supporting a to we~--,> i'wie r : '' EXX 004820 welder. o Hazardous Materials (1) Note locations of eyewash fountains and safely showers and know how they work (2) Labeled containers must be used (or han dling hazardous materials (3) 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 must be varsol. or other appruved materials (5) High boiling point materials (above 7D0'F) from catalytic cracking operations or other highly aromatic or tone malcnals 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 skm. they must be washed off promptly with soap and water. (6) Appropriate Process Unit Instructions (PUII or Mechanical Operating Practicei (MOPl must be followed when working in areas where tone materials are present. p. Compressed Air -- Yard System (1} Compressed yard air must not be used to clean clothing or personnel erepl at outlets that are especially equipped to permit a maiimum pressure of 30 psi. (?) Compressed air musl nol be used to Open plugged sewers. (3) Compressed yard air must not be used for breathing purposes. Nit q Warning Signs Caution and warning signs must be obeyed including use of specified protective or safety equipment. r. Compressed Gas Cylinders -- Transporta tion, Storage, and Use Observe the following in the transportaBon. storage, and use of compressed gas cylinders. (1) Protective caps must be in place when cylinders not in use. (2) Full cylinders (eicept chlorine) must be stored and transported in vertical position with caps on Chlorine cylinders must be transported m the honzontjl posiBon Sepa rate ouygen cylinders in storage from fuel gas cylindcrsorcombusnble materials fr-spenally oil or grease), a minimum distance of 20 feet or by a noncombusnble barrier at least five feet high, hav ing a fire-resistance rating of at least one-hall hour. (3) Holders, chains, or keepers must be used to prevent overturning. (4) Empty cylinders, eicept acetylene, may be stored and transported in a horizontal po sition Acetylene cylinders must be verticil at all times. (5) Cylinders in a vertical position must be secured with a suitable keeper while con nected to equipment. (6) Pure oiygen and chlorine must nol be allowed to contact hydrocarbons in any form. (7) Rough handling of cylinders must be avoided. (1) Oiygen or acety lene must not be used for testing purposes M-12 y wyy>wy?*o.<*>nr wr EXX 004621 KS'tcrr*^5^ '-"x/'x#oafc-Jw'f'**3**Ssf. mWfff< Ul fcfei W&P* *'V"^i*-WCfc;-T.J ?- wV~-**^- , ji-VT/'i J.\ic-- r <^-S-,.`:: >_7--'.v\-'A'vi ',* fesgrtrr W0k r> v'~fe^Sisfo^ iYAr.S>-= tr-f.-.-Mr: ;-3 2r-y'--'--'j* (T *" (9) Hatardou* compressed gases must not be released into enclosed spaces (10) Compressed bottled gases must not b-f used to clean clothing Of personnel. (11) Osygen or acetylene cylinder* must not be taken into enclosed apace* escept into storage tank* where door sheet has been re moved. (12) Repair of leaking compreited gat cylinder* mult not be attempted. If cylinder can be moved, move to a safe location and allow to depressure itself. If it cannot be moved safely, dear area and allow the cylin der to depressure If the cylinder is chlonne. evacuate the area and initiate procedure out lined in MOP-C4 If Irak inivlteef contractor cylinders, llir Coni'ml Administrator must hr immediately notifioi. . fire Prevention -- Fire Fighting (1) Vo one shall go to the scene of a fire unless directly involved or assigned to fire fighting activities Others not having operat ing duhes shall evacuate the fire area Con tractor emjitnyees must proceed to a prearranged assembly area (2) Fire-fighting equipment access must not be blockrd 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. t. Working In the Vicinity of Electric Lines When it is necessary to operate cranes or der ricks or perform other work within 10 feet of open electric lines (measured radially), the Maintenance Supervisor must consult the Utilities Chief Open tor or Ihe Contract Admmts- H-13 Iratnr in the c**r erf cemlrael/ir uv'l to deSfimave whether Ihe electric line* can be dcrnergized No work can proceed until Ihe electric lines have been decncrgued or until guard* have been installed Install approved guards when it ts necessary to insun guy line* across any elec tric lines to prevent guy lines from coming m contact with the electric line* All work on open electric lines mu*t be done m 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 flammabie 1^uid) safely cans with flexible spouts must be used Vehicle* and equipment engines must be turned off during refueling v. Potable Water Drink water only from potable water outlets or from authorized container* or drinking foun tains. w. Asbestos Cement Roof 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 Safely Manual, traffice regulations for safe driv. ing inside the Refinery are the same a* the regu lations of Ihe State of Tcia* Motor Vehicle Law* 1. Equipment and Identification Required on Motor Vehicles All motor vehicle* in the Refinery mut be in safe Operating condition When entering the Refinery. n-i4 .N * . - aU non-company vehicles mull display a valid state inspection sticker on the windshield At a minimum, the (oliowing equipment mutt be in proper working condition (or the vehicle to be considered tale (a) brakes, (b) lights -- two head lights. tail lights, brake lights, (c) horn, (d) muf fler. (e) safety glass, (f) windshield wiper and near-view mirror, and (g) rum signals Vehicles having dual wheels must be equipped with suit able flaps on each dual wheel so that objects will not be ejected past the flaps to the rear when the vehicle is in motion CmWraours' ttlf-p'o\*:Ucd. rubber-findeijui/nrusi/ must /iei>econtractor's iiamror insignia proimnarrt/y dnp/ayerf an both udrf of Ihr vrincle 2. Driver's License Persons operating motor vehicles 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 eilends beyond the Ironl, side, or rear of any vehicle. 4 Traffic Signs All traffic signs and signals, whether fixed or portable, must be obeyed, and drivers must coop erate with owner's secunty officers and others appointed to direct traffic. 5. "Road Closed" Signs Areas blocked by traffic barriers andfor "road closed" signs are closed to all traffic Follow pro cedure specified in PUI-S5 for blocking Refinery streets. ( Speed Limit All vehicles must be operated within the Refin ery's manmum speed limit of 30 miles per hour, unless a lower speed is posted. It-lS 7. Driving and Parking Vehicles must be driven on the right side of the street and parked on the nghl side of the street, except when parking in designated parking areas or when direclrd otherwise by traffic Signs or during emergencies Vehicles must not be parked on streetsor roadways in such a manner as to slow down, hinder, or interfere with the free flow of traffic Vehicles must not be parked so as to block or interfere with the use of lire hydrants or fire equipment. I. Righi-of-Way All motor vehicles must give the right-of-way to pedestrians, ambulances, fire-fightmg equip ment and firemen (who will be identified by driv ing with lights on and horn sounding.' and bicydes Vehicles must pull to one side and be brought to a complete stop when approached from any direction by an ambulance or lire equipment and firemen. Ordinary driving courtesy must be prac ticed by all drivers of motor vehicles 9. Passengers .Passengers must be limited to a reasonable number so that vehicles will not be over crowded. b. Dnvcrs of motor vehicles must not permit passengers londeon fenders, running boards, lops, 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 vehicle is in motion. C. Drivers of mobdccquipment must not permit passengers unless special accommodations nave been provided. d. Passengers must not get on or off a vehide while it is in motion. a-16 ^ i)i "r V r n--y wn'w ~ vvq " 'vitw-vTC tw* ? * a* :1V '*< \S* 5' i i TV< vV EXX 004823 *9 i+' - fct * ---V* J Q. '-=L ' t. in. -3--- 4 * ^ w .. PI . , - / y-n ^^ gf^'wrr> - 10. V*hlcl Prohibited Motor bicycles or motorcycles are not permitted inside the Refinery eactpl to and from the dwgnated "motorcycle only" parking areas provided nett gala Campers tnd recreational vehicles are not permitted in the Refinery if loaded with gear or if they are otherwise difficult to inspect rrcssuritrd fuel containers shall be disconnected from refrigerators, stoves, etc., when a camper or recreational vehicle is in the Refinery. <4, *> -^P?S-' S' - .- '*- 11. Vehicle Entry Into Processing Are** 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 barner may be used without permission of Ihe Chief Operator. c=^f-vSS 12. Windshield or Window Obstruction Vehicles having nontransparent materials that in terfere with clear 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 Regulation* 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. -~'-- -w *r-- '-r_ -v-fa, VS; -T-" >1* . T,. -*-4 M-17 ./ -r -e: - v JrT-.cjl Aa * ^^*>** ^ twnvr. 'iiffwm w umT* kwi.-.i" a'* . e* * C*. <' * * " g >**'.*'** V p>- : - r- v - S/ ' * *. - * i . * kJC.v'\V-r--- - :t\ a >v.7;-7' 'c'*;>> ;:'.'.ViP"*-; y-.*'*-' i 4-\r- .;`.V i.*r**^t?>* "iV*'?*. # J ` -ay ; ,1 * ^ --* 4 % *#'.*,, ** *' *.* ** *. ' ! 'V t \ w ^ ^ k /*.- ' ; *x m' *%' ' EXX 004824 r-jgj-.n^-----; w * v *r ' - - wi-jr*-*." . ?.sife.v- r_ i V- * *^<r -'-- a ism#, S ^S*!rsvy*g ' ---* M^r^i j- - rfl-*--.. . -i -' \ Section 3 CONTRACTOR S SAFETY RESPONSIBILITIES PURPOSE TJir /mqw of the fimonnei and tijuipnunl safety ri^iilafiOMt iimlainirf m f/iu tvfni rt In *7 out safety requirennnts fur contractors. tehnh an in addition to these untamed in other rt turns of this manual Loch COnlmelor must take any additionalprecautions neces sary if pnyier under llir firiumsldiifi'i to prnmt infury or Jealh to pctions or damage to property SPECIAL DEFINITIONS 1. Owner - for jwqvsn of lime safety regulations, "owner" shall mean Enon Company. U.S.A la divi sion of Csiou Corporation). 2. Contract Administrator - The person assign,d fry the miner to assure contractor adherence to theunlracl provisions 3. Contractor - The/inn that has heen conlraeteil by the Elion Company U S A. to perform uvrl at the Baytown Refinery The term al> includes thow firms employed as subcontractors to the prime contractor. A. Maintenance Supervisor - TJir Mechanhat per son. either Elion or contractor, who has the authority to su/srviv the M,-chamcat uvrk crew and the respon sibility fur thetr unri execution. As us,d hi tins section, the Maintenance Supervisor refers spirifically to the contractor first Inif supmnsoe. RESPONSIBILITIES 1. Contractor, as an independent Con traitor, is re sponsible for /icrforinmg wort under the contract in a healthful and safe manner including protecting Hie safety and welfare ofother contractors and the owner's prrunnrl and equipment. These regulations art to hr considered as an addition lo any safety rules oe regulatvns of the contractor. Neither compliance With the m-i regulations fry contractor nor owner's approval of any actions or procedures of contractor as provided therein shall relwve contractor of ns obligation always to use due care in performing uvrk. a. The contractor is rO|WimWf for informing ha emphyees of the required safety rules and that Die ernphryecs adhere lo said rules b. The prime conlraetor is responsible for assuring compliance with thev regulations by all subcontrac tors and their fmphyciS Contractor must notify its emptily, es, its Subtonlroelors. and the em/doyees of its snlionhaclors of then' provisions of the regu lations and shall hxure compliance Hu rrwilh by ill Such jidrlia, and contractor must not allow any of Such /vrsv'is to begin uurl insiJr the Baytown Re finery until such notification has bc,n given them. C. Contractor must observe and comply with the Tens Occupation al Safely Act (Article 51 Ha. V.C.S ) and with all safety anJ health standards promulgated by the Set r, lory of Lain' under SiTIom 11)7 of the Contra11 Work Hours and Standards Act. published in 29 Cl R Part 192b and adopted by the Secretary of Labor as oc,npJtionaf so/, ty and health Standards under the Wilhams-Steigrr Ocrupetional Safely and Health Act of 1971). and In any other legislation enactid for the safety and health of antractor employees. Such sof, ty and health standards ap/'ly lo all sulxvutractors and their emphyra as well as lo the contractor and its employes d. Nothing eontannd in these regulations shall be interpreted to enlarge the legal duty of the owner to the con tractor. Ins agents, employees, or subconlrtebin. 2. Msinlenancf Supervisor* are responsible foe the soft conduct of their fobs and for the safety of the persons under their direction. Specific supervisory resensibilities art contained in Section 1-2 of this man ual. Each Maintenance Supervisor b responsible for assuring that each indvidual under Jiu direction nu ll-2 nr 3' "V------ Li n -'~r- <, * *r' EXX 00*825 festasiVvt v-j /  7". t^-ps-s ' * 7-K'*. '. !s:S<wi^txf~a R*j^-`i'- F^tSM-Srvi figp! fee -.^rr+r?.^ -T-; i i^l *Sjiajn -'- ij p.;-.f ifnlWi anrf adheres la fhr w/rfy rules contained in Section 1-2 of l/i ri manual. 3. Individual person doing work in the Refinery must assure himself that the work situation tt safe and that he has the proper instructions. tools, and protective equipment Etch person mutt become familiar U'tllt and adhere to the safety rules contained in Sectun 1-2 of this manual. 4. Contract y4rf/inUfrafor will monitor the Contrac tor's iyrformancr to assure safe eieculwn of the u<ort specified in the contract. He will, on proper request, assist the contractor in draling with other otinirr per sonnel to ohlam safety /remits and to im/dement other safety telated procedures. He will insure that all con tractor's Maintenance Supervisors are property indoc trinated in the relevant safety regulations. PROCEDURES 1. Work Elocution Alluvrk in processing areas must he performed with the approval of the Chief Operator responsible for the area The Maintenance Sv/vrvisor must coordinate his uori through the Chief Operator and must keep him in formed as to the number, location, and activities of conlroct personnel. Any uoH performed after normal liVrkmg hours and on weekends and holidays require authorization by the owner. Such aulhori&tion will be obtained by the Contract Administrator. 3. Required Work Permits end Procedures 8r/iirr beginning any ticirk in processing arras, an ap propriate permit must be obtained from the Chief Operator or hrs designated representative. Required work permits and procedures art: - Electrical Lockout Procedure - Section 4. b. Hot Work Permits - Setlain S. C. Permit to Enter Enclosed Space - Section 6. HI-3 4. Oprnmg at Blinding Permit - Section 7 . Cold Wprt Permit - Secton $ Other uorli procedures may hr specified in speoahud ucri siluatm*r such as hot tap pnerdu'e. procedure for cleaning lanlj. fir. 3. Oil end Chemical Spills Any hydrocarbon or chemical trill, whether accidental or otherwise, must he reported to the Chief Operator and the Contract Administrator 4. Connections Into Owner's Utilities Systems Permission) must he obtained from Contract Adminis trator prior to connecting into owner's utility system such as. but not limilrd to. sinter, air, nitrogen, and steam systems Each connection shall he guarded by a check valve When taking water from fire hydrants, the center salve must be oj'ened completely {.Contractor's Equipment . All equipment brought into the Rrfintey by fiutlrorlors must he in safe ofvratmg condition Au thorized owner /yrsonnel may at any time inspect contractor's equipment Such inspection nr failure to insjifcl dors not relieve the contractor of ip respon sibilities for the safe condition of its equipment b. equipment must be operated only by property licensed persums. e. Load limits fur the San Jacinto Street oserpes* are a masnnum ailr load of 32.000 i<nunds and a maximum gnats lend of 72.000 pounds A tandem axle load Vehicle will be considered as S ing a single axle. C. Working Over or Nesr Waler S. Ring Buoys with at least S0 f,rl of hue must hr readily avmlaHe for rescue ojvra(i..n Oistancr hrhiem ring hueys must not exceed 200 fret b. A lift saving skiff must hr immediately aimabtc SI*S 'I*1 ~* '-A . >J ''.wp ,J 'pT PWn*T.1- < EXX 004g2  r_i^ . .m^jc-rnar s^x-*atTt^:''JrZjjPtI! kTtS4-^-*r^'J'fTT":''^Sw^5 fc$;vfr.i--~ Ic.7:. f r?'*'S27'X&rt jm ||||lj!^ Lr^a-v/j mm *&fc3S& iw^s^jKir" w- ._37*fc -.'Vcv'stv - -3 ^j' _ f htahons tWirra permitt are worimg oner or Hijocent utter. 7. Wort involving U* ol Ionizing Radiation Co"lm>1i'r mutt not perforin any uvrt mtstlvtng //ir *ja of toniiing radiatmn without notification to the Ejson Sujennsor tn charge or the Contract Adminis trator A COLD WORK PERMIT must be obtained to perform Hus typi'worl in pressing arras Contractors must i'iwn/Vy unlh "Trias Refutations for Control of Radiation." luhtt edition. Trias Stale Departim-nt of Health. Division of Ocni/iatioual Health and Radiation Control. Austin. Trias, together with all future amendments, additions, and revisnms to said regu latem$ and standards Owner fi-v-nrs the right Id conduct tndei*ndcitt and un/intiounced radiation en ergy surveys of contractor's equipment and their uses on owuer's premises HIS V VI* V >-"v* A* * -`IT .: '.ur'.'.- em>:. '--'-tf.7~.' * ;7 -V '*" - AnV . X' ,-.v * \ ` ,,- -- EXX 004027 5: -? ps^: ?SJi"^^r-r- 7-1 <-r ,'V ____ ^'yuwS'^* -: it4 if>'.>*>t 4j--a feg # 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 electrical circuits or electrically powered equipment from injury or death. SPECIAL DEFINITIONS Electrical circuits and electrically powered equipment do not include (I) lighting circuits lor the purpose of relamping. (2) circuits of less than 100 volts, or (3) circuits that must remain ener gized For circuits that must remain energized, a blue COLD WORK. PERMIT may be required (see section 8). RESPONSIBILITIES 1. Process person is responsible for isolating and preparing the equipment to assure it is in safe condition (or mechanical work. 2. Person performing work is responsible forassunng himsell that the equipment is safe lor him to do his prescribed work, and that he has tagged and locked out the equipment in accordance with the electrical lockout procedure*. 3. Contractor Administrator rs the contractor^ con tact with Process personnel [o' perjorminp ucri under the electrical lockout procedure. PROCEDURE 1. Lockout Procedure* -- Before anyone works on electncal circuits or electrically powered equipment where they could be endangered, the IV-1 electrical supply must be fumed oil 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 start-slop switch or local "Hand-Oil-Auto" twitch. In esse there are remote siari-stop switches on this equipment, he must notify other operating personnel responsible lor oper ating the remote start-stop swiiches and re quest that a white DO NOT OPERATE tag be placed on the start-stop switches II the startstop switch is located on a control panel, then it must be covered with a section oI DO NOT OPERATE pressure-sensitive tape. b. Lock and Tag Disconnect Switch -- The Pro cess person must turn the disconnect switch lo the olf position, lock it with a Process lock, and tag it with the while DO NOT OPERATE lag II a Process or another person is lo work on the equipment, the Process person must use a mul tiple lockout adapter. The Process operaeons lock must be in the position closest to the switch. All Process locks will be identical, and the same key will unlock all of them e. Check Disconnect and Tag -- The Process person must try the local pushbutton station to be sure the correct disconnect swiich is locked out. When the local control station is a "Hand-Off-Aulo" selector switch the process person must lock the switch in the "Olf posi tion He must (hen tag the pushbutton or selec tor switch with a white DO NOT OPERATE tag d. Enter in log -- The Process person must enter the 'lockout" in the Process log book. *. Apply Mechanical Lock -- Before mechani cal work is performed on equipment, a mechan ic!! lock must he applied by the person perform ing the work. IV? .Tm-v-syr -sjrn.ve*- t. tr -f- * Wl A - . 1- EXX 904628 . - . T ' # . . ---- *'r c-*?; * f-% <"* *r ^ fe-wA^S-** >- -T;;Vw>^ >^**1 f< fcsSStafe: <|5*5?J` 3gp1 ------- - "V2?* L>"c* --j/--^--`^~-^^*-.*^- *-,"--!<.r',_ ---*vt. -^5 Lrrl ->/' r-7 "T * f* -2 s.'Tv: .-.ewea i-'-i *3c^rJ " . ^*:.`.V<^- J**--` .* (1)Mechanical Person -- Each Mechanical person who works on the equipment must I mi add his own lock and 4 red DO NOT OPERATE lag on which he will write ho name. skill, and the dale It is the responsibil ity ol each person working on the equipment to assure his own safety by keeping his tag and vsdividual lock on the disconnect switch while he works on the equipment If two or more people in the same craft are working together on the equipment, only one mechanical lock and red DO NOT OPERATE tag are required I/a ic'ii/ij.Mr i-iii^/eyer is dtmig th1 u>rl. lie mint uvaii Eiiiw iinsfiannaf-ryjs' fivi and IIn- appropriate eleelrieal Irn'iiml pruvdure5 ttjt 1 ^taniej fr,Mii the Cimttael AJniniKliBhjr He limit tent, ,m the la$ hti name ami the name >y the cuntrailur firm (2) Process Person -- When a Process person is to perform work on the equipment, he must obtain his individual mechanical-type lock and key from the supply in the control room or center and then follow the above procedures in e<l). f. Remove lock and Tag -- Lucks and DO NOT OPERATE lags must be removed as follows- (1) Remove Mechanical Lock and Tag -- As each person finishes his work, he must re move his own lock and red DO NOT OPER ATE lag At the end of his work shift, he must remove his lock and tag whether his work is funshed or not. This dues not include the original Process lock or while DO NOT OP ERATE tag (?) Remove Process Lock or Locks and Tags -- The Process lock or locks must be the last to be removed When the local control station is a "liand off Auto" Selector switch the lock on this siTvCtor switch must be the last re moved The Ptocess person, after delermm- IV-3 mg that it is safe to do so. must remove the Process lock or locks and white DO NOT OPERATE tags and must notify other operat ing personnel to remove the while DO NOT OPERATE tags or DO NOT OPERATE pressure-sensitive tape from remote startstop switches He must then enter the lock removal in the log book (3) Emergency Lock Removal -- If it becomes necessary to remove a lock by other than the Mechanical person who installed it. only the Shift Superintendent is allowed to remove it Upon removal of the lock, the Shift Superin tendent must send a note to the Department Heads of the Process and Mechanical De partments stating whose lock was removed, where it was located, and why it was re moved. A log of the same information must be maintained in the Shift Superintendent s office. A master key for the mechanical per son's locks must be kept at the Shift Superin tendent's office only. 2. Wiring Disconnect Procedures -- For some types of work, the lockout procedure alone u not adequate Such work includes, but is mol reStncled to. the following U) work on fans inside cooling towers, (2) work inside confined spaces containing elcvlncally powrred equipment such as miiers or fillers or electrodes (desalters), and (3) work on equipment where the switch conrrols more than the one piece of equipment In such eases, this wiring disconnect procedure must be followed . Lockout Equipment -- The disconnect switch must be locked out in accordance with the above lockout procedure in this secoon . Check and Disconnect Circuit -- After nuk ing sure the circuit is clear by checking with a IV-4 f!". J2.. *,'". *>"-4%V. V, U.-.C-.. >sc\_'.'--v: r-V t~ z <** i `-T: <rV. *7' Jf jiTr <* a- if-r.- SiSv -rr ttv*-- M ; > - * v:-i;rr=r . "`VS EXX 004829 * -' _ > , #,,.# . mTj * _* ~ :rJi%?VrBs:->.4-'4^ ^.S4;'rv^> . r'. rr^^-- --\xc v .-33's.'" T-* I'VJ-^ST'r*iV.si ?*''* '^' f'ri'V --S- r, v- tv* i ev. *-: ; 'Xc-y. ;.~V---~~ j' voltage tester, the Mechanical or Proem per son must disconnect the wires and tape them together. eTag Circuit-- The Mechanics! or Process person must tag the disconnect switch with yellow WIRING DISCONNECTED tag On the tag. he must note where the wiring is discon nected and must sign and date the tax d Remove Lock and Red DO NOT OPERATE T*R -- After the wiring has been disconnected, and taped together, the Mechanical or Process person must remove his individual lock and red DO NOT OPERATE tag unless he must do other work on the equipment. Do not remove the yellow WRING DISCONNECTED tag . Wiring Reconnect -- The Mechanical or Pro cess person who reconnects the winng 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 WRINC DISCONNECTED tags. If a contactor einphyee is doing the work, lit muft obtain the required tog. from the Contract Administrator and follow the abmr wiring dtxonnrtl procedure* a through t Hr must also include on the tags the name of the contractor's firm. 3. Abnormal Condition Procedures -- Condi tions may eist that appear normal but actually are not The following are eiamples 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- (I) 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. (<) a switch is left energued but a part oif the equipment supplied by it is disconnected, such as tv-s one out of several motor-operated valves (MOVs) supplied by one circuit breaker, and (5) a switch a off and tagged out but a separate circuit is snS supplying power to the switch housing for con trols. lights, healers, etc. a. Application of Orange ABNORMAL CON DITION Tag -- Before a Mechanical Person leaves electncal equipment with temporary wuing connected or with any other abnormal con dition rusting, he must tag fhe equipment with orange ABNORMAL CONDITION tags, he must place one tag on the outside ol the equip ment and one inside on the winng if it a 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 contrat tor eni/iliycr is doing the lisirt, he must obtain the togs from the Contract Administrator and priKerd according to a and h In addition, he must also include on the tag the name of lire confraetor'f 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 winng or eliminates the abnormal condition must remove the tags and notify the Chief Operator responsible lor the equipment, who must enter the action in (he 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 (rom m|ury or death. SPECIAL DEFINITIONS I. Power Line* --Those electncal tines that rad j* IV-6 ''*** a* yui cyg-eyw; ,1 Rif ' *1- t , * . ' rf*.V m\' m ** ' 1 ^ l> ^ r EXX 004830 r--jil">/-,--qs^~e J KV^'ir'tr-'Sv, ^siiTrS-rb d-^TJ * - A-r^'^ <,*`-a;viV'< ^--i.qKK^a 5?? CS~^*Z."-g ^TsSSSSI =^ggSjrit.-.-jg^-Qo^Ow -5 ;'S? from generating stations and distribution substa tions. 2. 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. . Power Plant Process Person -- The Process person who operates the power plant. RESPONSIBILITIES 1. Electrical Maintenance Supervisor is responsi ble Ior requesting that power lines be removed from service and returned to service and lor de termining that the lines to be worked on are deenergized 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. 3 Utilities Chief Operator is responsible for authonzmg 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 IV-T him to do (hr prescribed work and thatthe follotng provisions of these procedures for which he is responsible are earned out 5. Power Plant Process person is responsible for removing from service and reluming to service power lines to be worked on and (or property tagging PROCEDURES t. Procedure for Removing Power Lines or Direct- Connected Process Equipment from Service. . 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 Cruef Operator for removal of these parocular power lines from service. If a cmitroelor eniploytr s in mirl an pt'ii'-r hint tir do cU ctrmi i/>ri on Pnxe>* equipment. Ilir Con trail Admin*!rotor mutt make (ficarranginnii/s/or rartuvin*' tin-hint from tenner and for returning Ilian to service 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, tne Electrical Maintenance Super vise, and a repiosontitiie of the group actu ally doing the work must personally observe that the line has been removed from service by tv-4 pfc^s4iiS5-.S "gVgVTMwTw-wri-rz^aw^ ouj-./y/T lc :>!v t-v.*' -/;ivv 9 . . - 4 * V _ * , "5 ; * oq * * r*e P A V V* * . -tv t EXX 004831 v.. -v . V *-V* ''^ -> j.^J - `--^-rf'jt^'~ ' fZ-'-r. *N* .V BS$$ ? ^r-'*<=J'-Lj.- j Vj * <*-3&,/'-f3= ^ P&fi?. -fiKil fr-?n iJ-tP*-'^- iatdi lowering the circuit breaker or opening the disconnect switches Jl each substation and power pierI involved They mutt then tig on the equipment by attaching the rrd 10WER LINE DISCONNECT Ugt filled out and tigned by the Utilities Chie) Operator nd signed by the Electrical Maintenance Supervisor on the equipment at each substation or power plant involved. If wort is being done on a line by more than one group, then each group must be protected by separate red TOWER LINE DISCONNECT Ugs. 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 lagging. The Utilities Chief Operalor will proceed to the site of the direct connected equipment, where he wiD meet the Process Chief Operalor 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 sign a red POWER LINE DISCONNECT tag and personally give that tag to the Utilities Chief Operalor. verifying the equipment is ready for tagging on. The Utilities Chief Operalor will Veep that tag, and along with the representa tive of the group which will actually work on the equipment ne must 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 switches. They must then tag on the appropriate circuit breaker with a red TOWER LINE DISCONNECT tag filled out and signed by the Utilities Chief Operator rv- and the representative of the group which will actually work on the equipment After com pleting that step, they must proceed to the rower Plant and tag on a red TOWER LINE DISCONNECT tag Idled out and signed by the Utilities Chief Operalor and a representative of the group actually doing the work on the equipment to the remote switch serving the equipment. Finally, the Utilities Chief Operalor and the representative of the group actually doing the work will return lolhe site of the direct connected process equipment and sign and tag on to the local start-stop switches the red POWER LINE DISCONNECT tag orig inally signed by the Process Chief Operalor or his designated representative. After complet ing this procedure the work can begin. In Ihr (tir rtf ron/rarfnr personnel the contractor's Supervisor gnd Ihr Cnntract Admint'I'alO' myIt arcnni;igiiy Ihr UlrMir Chief Ol>rratnr in Ihr inffifChoii and fheCivilraelnr's Supervisor atony With Ihr Utilities Chief Operator myst Hfn on the daconnect lays. Before any work is done on an open power line up to and mdudmg 13.800 volts, the line must be checked with a voltage tester and a ground chain must be pulled across the line to assure that it is deenergiaed. 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 UtilitiesChief Operator that the work has been completed and accompany the Utilities Chief Operalor to (he substations and mam power plants and property lag off the power lines by signing and removing the red TOWER DtS- IV-10 iv"1 A*-Fr.rJ s r .v s'.- EXX 004832 CONNECT tags *( the electrical substations and l the mam power plants The linn may then be energized by the Power PUm Proceis Operator. In Ihe fase of direct connected proms equipmeni, the Proms Chiel Operator or his desig nated representative must report to the Ublinrs Cruel 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 ms Chief Operator or his designated repre sentative who will tag off the local start-slop switches by signing and removing the red POWER LINE DISCONNECT lag He will give Ihe 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 groupactually doing Ihe work must then proceed to the electrical substation and prop erly tag off the disconnect switches by signing and removing ihe red POWER LINE DIS CONNECT tags Finally, they musl 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. Thr Utilities Chief Operator will keep the signed lags and notify the Proms Chief Operator or his designated representative that the tag off procedure has been completed. In thr rase ifContractor jvr>.iiiW thr Contractor's Svprri'iMir and thr Contract Administrator must accompany thr Utilities Chwf Oprrsfur in thr inipri7hi and /fir Contractor' Supeniisiir a/nny with thr Utilities C/nc/ Operator must sign tiff the dtsConner/ lags. rv-'t i 2. Procedure for Working on or Adjacent 2 JOOVolt Power Lilies a. Tag Power Lines -- Before beginning work on live uninsulated 2,300-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 Utihoes Chief Operator must request the appropriate Power Plant Process person to at tach a yellow CAUTION-PEOPLE WORKING ON THIS CIRCUIT tag to Ihe switch or switches controlling the power lines In thr case of contractor liiinnan. the Contract Administrator musl contact thr Utilities Chief Operator. b. In Case of Circuit Trouble -- In the even! of circuit trouble at the jobsite, the Mechanical Supervisor must immediately noti/y the Power Plant Proms person. In thr case of contractor liiiiTnen. the Contract Administrator must contact the Power Plant PnKcss perxw If any switch to which a tag is attached is Inpped. it must not be reclosed until the Power Plant Process person is notified that it is safe to redose C. Removal of Tags -- Upon completion of the job, the Maintenance Supervisor who made Ihe original request musl notify the Power Plant Proms person to remove the tags In the ease of contractor lineman, the Contract Adminis trator inuti tonlael thr Power Plant PrusCtil'ersun IV-1? **S>Si2. - ]? ' ' :;- -^-Jrv-^r-/3s..i vrr 00 NOT OPE RAH OPERATOR a Rad Lattoring * On Whit* Tog Raj Tag | 00 NOT OPERATE (*< * t#-i r 0^ WIRING DISCONNECTED 00 NOT OPERATE 4 Tallow Tag 1 1 CAUTION Tallow Tog | ^ttOHI wommc Om w* OK,*1 feW *o| . _ ____ 4 R^ Tag Orongt Tag | --.r* **+*+ . "t, '*. *.>**-'% --.j * ---------- ; - *' *> *"*V '.* ^ ' .. . *- % -* .. '. >V*W* jjj a T*" VS < . si s. -s-T-- -i-- -. X *. M~- ,-t ... " .V Af-v,. ? 5 w - - T " - * + rnSm\m 'tt " rizfZsk' ;i ~ MWm G?3^ESf" ^: -' -v-T^ rjzn-tr.j* <-i-i---> .t-f-u- **&!*- '.J^ -*$-*. y.-~*~*~- - i:jr' f^V*33ra 'l. - * 'jL.^^i. V --- JT--.W .--X - , -- ` 'i>4 a&fcSSi _ ..... Section 5 HOT WORK PERMIT PURPOSE The purpose of tHis permit procedure is to protect personnel and equipment horn 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 PERMIT is required for all hot work. SPECIAL DEFINITIONS 1. Hot 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, noneaplosionproof electric motors (including motor chippers. drills, and saws), noneaplosionproof floor or string lights, sandblasting, explosion-actuated tools, electric hot plates, or any other flame- or sparkproducing equipment. EXCEPTION: work on energized inlriniscally safe circuits, electrical instruments and electrical power circuits covered under Cold Work Permits in Section 8. 2. Hot Tap -- Any conneebon made to a pipeline or other equipment that is under pressure or has not been cleared and prrparrd for tapping using conventional construction methods. RESPONSIBILITIES 1. Chief Operator is responsible for 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 all necessary safety precau- V-1 (tons 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. Out controlled from another, the Chief Operators from both processing arras are responsible for issuing the permit. This rule.applies if the hot Work to be performed is within appronmately SO feet of operating equipment. (Eiample. Oil Movements line in pipe rack adjacent a process unit.) When hot work is to be performed on equipment in a non-pruccssing area adjacent a processing area both the Chief Operator from the adjacent processing area and the Basic Equipmeni 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 for 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, also that hot work is confined to the area covered by the permit. 3. Safety Permit Inspector is primanly responsi ble for making the required gas tests and rispeel ing the jobsite for compliance with all applicable safety rules and standards. 4. Mechanical personnel performing the work are responsible for checking the green HOT WORK PERMIT 10 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 musing, work must not begin. 5. All persons at or near the hot work me must be consummated (or any condition that could make V-2 //* * rZ-'/m, rv-i.'' . rV * '** '**/ ' * f `.T.* * '/" * - * EXX 004635 sn- i^yair^'fn' a ' 7<: & hot work hazardous If such a condition develops. aQ hot work and machines mutt be Hopped at once. All personnel mutt immediately vacate the area and notify the Chief Operator or the nearest Process person of the hazardous condition. The green HOT WORK PERMIT is no longer valid and mutt be removed All persons associated with the work must be notified Before work may resume, a new green 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 :.4 apply: -r< a. Hoi Work Planning -- The Maintenance 3 Supervisor will advise the Chief Operator Of the nature and location of the hot work to be per -'I formed as well 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 wiU see that the following work is completed and checks performed before the Safety Permit In spector is railed: (1) Clearing and Blinding -- Check to make sure all blinding and clearing of equipment necessary for nedition 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 white OPEN INC OR BLINDING PERMIT must be done 1> in accordance with Section 7 of this manual (2) Remove Flammable Miterial -- 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 woik. (3) Prepare Sewers -- Cover all sewer catch basins and manholes in vicinity of hot work Catch basins containing flammable material must he flushed with water before covenng Also, check for and seal off sewer vents in the area that may present a hazard (4) Remove Trash -- Remove other flamma ble materials such as trash, wood, or dry grass. Where hot work is to be earned 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 fully Charged fire eifinguisher of a type and size designated as suitable must be provided where hot work is to be performed (8) Make Surrounding Area Safe -- Check surrounding area for possible release of flammable vapors in the hot >nrk area Such things as safety vah e discharges, leaks from pumps and'or compressors, valve packing leaks, etc , must be idennfied and necessary 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 ID must be satisfied Before the green HOT WORK PERMIT can be issued, the checklist anached l .V> '."i-ftSU ................. ... 'ni'l-J'.w.y w-y-niFT X' r EXX 004836 lhr&?ji5=&'- JiicT^ >Vfe $&$&! sssaassa *fp&^IgWSai ET^-2 #-l to (he above menboned standard must be completed The Chief Operator must make sure Ihjt hi* Operating Supervisor has ap proved the work to be done and so note in trie (pace provided on the back of the permit. Alto, he must see that the Mechanical En gineering Department Inspector has checked for adequate metal thickness and mibaled the space provided on the back side of the tag. (I) Check Other Work in Area -- The Chief Operator must check for active white OPEN ING OR BUNDING PERMITS in the area of the hot work. A HOT WORK PERMIT must not be issued if work associated with existing white OPENING OR BLIND ING PERMIT could create a hazard by spill or gas release. All openings from which release of flammable matenal could occur are to be considered hazardous. The area of concern must cover the geographical limits where there is a remote possibility that sparks from hot work could come in contact with flamma ble matenals from any opening If such a possibility exists in the proposed hot work area, the white OPENING OR BUND ING PERMIT must be killed The green HOT WORK PERMIT shall not be issued until all openings from which flammable material could be released are blinded, and the area is cleared of flammable liquid or vapor. (9) Provide for Overhead Hoi Work --When hot work is 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 fine 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 must be at- VS tl'-fTZ *;'.('- Tr i*. " * " "v-'-3 -^v.. ' *fc ^ , ft -*"* % |I1 PTT te& tr*_^_^-_-;*^-*:s~'_' --r- -^--. '.4* * IW , *-- 1 , : * s.- . - ^ .S. ,.2 u-* - -jV. i-.. ; ;-WV ...-.VC. - .V 'lli-V tacfird at a point witnm me area cuvered by the permit The welding machine must be in the same area or an ad|acrni area approved for nonrestncled movement of motorized equipment. C. Filling Out Crern Card -- After completion of all items covered in b above, the Chief Operalororhisdesignated 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 agnes all ts safe for hot work . Safety Permit Insperlor/Chief Operator Sue Inspection -- When all is eonsiderrJ ready by both the Chief Operator and Maintenance Supervisor, the Safety Permit Inspector shall be caILd for gas tests and a final inspection of the worksite. The Safety Permit Inspector shall per form gas tests for explimvity and or oxygen deficiency and'orUmc materials depending on the nature of the |ob The Safety Permit Insperlorand the Chief Operator must inspect the site together before the permit ran br issued. The Safety Permit Inspector signifies all is safr for hot work by signing the green HOT WORK PERMIT. The Chief Operator then signs the permit signifying that hot work ran begin. f- Permit Duration and Disposition -- Before the green HOT WORK PERMIT is issued, the V- EXX 004837 __ , _: -- - ----- .-'y . /-r Chief Open lor. Maintenance Supervisor, and Safety Permil Inspector must agree on the ex piradon 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 Term It -- Permits to do hot work in or around processing areas where flammable or toxic materials exist are nor mally eight-hour permits. Such a permil is good for the shift in which it was issued. It can be continued into the neat 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 must not begin until the Chief Operator and the Maintenance Supervisor have signed the cardboard pordon of the green permil. 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 PERMIT 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 (or his file, and (31 the carbon copy kept in the Process permit files. Upon expiration of the permit, the cardboard portion of the permil 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 eipirabon and then discarded. V-7 (2) '^rop Card"-- For some jobs where hot work is in an area where there is no nearby equipment in flammable or tone service or in oflsite areas where there is virtually no chance of hazard from flammable or toi< malenals. a "drop card" may be used Exampies of such jobs are U) work in a unit that contains no flammable or tone materials. (2) work in or adjacent a cleaned tank where no other tanks or equipment are within the same firewall, and (3) work adjacent an offsite pipe rack where no hazard from flammable or toxic material* exist. For such jobs. The Chief Operator is not required to inspect the job with the Safety Permit Inspector The Safery Permit Inspector may visit the site and make gas tests as deemed necessary before the work shift begins and presign the green HOT WORK PERM/T. 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 joh duration In general, it is when the job conditions at and surrounding the work area will not change and create a flammable or toxic material hazard Exam ples of such jobs are (1) construction of a new Ptocess unit, (2) a field pipe fabrication shop in an open area. (3) construction of a ne w unis in an open area, and (4) during turnarounds when oil. gas. and rhrrmeal 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 (he nngma I on file and the carbon copy must be kept in the Process per mit file. The Operating Supervisor must ap prove all joh completion permits including cioiirtet /iih V4 j HU/ 7 *11 'T-s1 m - tTr.'i em c"- . ' \r' 4. .-I '*' S' -'i' . -lr ... t.* "-!v; >e; -V .n .*. a^ats r EXX 004638 r.'-C-"'- 4 r. ; ^'Vh.'^Z- .J . _ V.w-Tir-qL.^*:!: .U ^:^'<-t"r'=*.-l. -1 .-V! fe'-:'v^"C--?'J CtVV`-"",, v*Z-.'-.. 'f - *N w 'V:-V-'' tiz ----ri *.- -V~j *.r'* *rc>? -'--! " PVt,.- -,-t- -c.- - T* -*r=* J r. ^ . v -- V *../** -" T *. * **ij *hjV^-w y.r .___ Vi --.. -> v-c .. *.\*.--+> a' 1 ' r r. .'i -- ^::t-rSr.rf7^ r - vp 'V -.Tl~ F'- ' -' .re**. 9 Kol Work Authorisation -- Only after *11 of Ihe above items have been completed and green HOT WORK PERMIT hit been signed by the Chief Operator, Maintenance Super visor. and Safely Permit Inspector it hoi work iulhoriied. Allt-f the Chief Operator or hit des ignated representative hit personally hung Ihe carbuard portion of the permit in 4 conspicuous location il the job silt, hoi work c*n begin 2. Mirine Docks -- For performing hoi work on or unJer Marine Ducks, ill provtsionspvrn in the basic procidurt ihoie thill ipply In addition, the follow mg work thill he completed ind checks midi belure 4 green HOT WORK PERMIT Cin be Ittued Sife Tide Level -- When hut work it tu be performed under i dock. Ihe tide lev. el mult be below *ny pipelmet il Ihe wiler level 10 preveni tripping oil between the pipelines, thus eliminating 4 possible source ol combustible material b. Avoid Filling Mileriilt -- The hot work art-a mutl be isolated to prevent molten metil end'or iny Combotlible milerul from filling info Ihe wiler C. Remove Crating -- Oiling in Ihe fender tysicm must be removed in Ihe hot work irei when work is lo be performed under 4 dock. d. Secure CojsI Cuird Approve) -- The Docks' Operating Supervisor mutt secure ipproeil ol Ihe Housion Coast Cuird Port Cipliin prior lo iny hoi work. No hoi work cin be performed on jny dock while i ship it berthed 41 Ihil dock. EXCEPTION At Dock No 1, hoi work will be pi-rmiii.-J 150 |ffi or more from vessels han dling milrruls with 4 flesh point olabove 150F. VI 3. Enclosed Spicet -- For performing hoi work in enclosed speers. ill provisions given in Ihe bisic procedure ebove *pply In addmon. the following work must be complied end or checks rrudf be fore e green HOT WORK PERMIT cen br issued Obuin Yellow PERMIT TO ENTER -- Be foie meny of the Hems listed in Ihe bene proce dure above can be done, it is necessary to enter Ihe enclosed space. A yellow PERMIT TO ENTER is required to initially enter the enclosed space where hoi work is to be done Once the necessary requirements hive been met and a green HOT WORK PERMIT has been issued, no yellow PERMIT TO ENTER lag is required it long as a valid green HOT WORK PERMIT is m effect. b. Other Requirements (or Hoi Work in En closed Spares -- After enlry is made into Ihe enclosed spare, ipphcable portions of ihe basic Procedure above can be completed In addition. Ihe following must be performed and or checkj made before a green HOT WORK PERMIT can be issued: (1)No Cylinders fn Enclosed Spaces -- Cylinders containing any type of flammable miienal must not be placed in an enclosed space where hot work is lo be done EXCEPTION: In storage tanks where door sheets have been removed. . (2) Thoroughly Clean--The enclosed spare, including all internals, must be thoroughly cleaned and made safe for hoi work This includes freeing Ihe container ol all flamma ble gases, liquids, and solids as well as inert atmospheres and tone materials (3) Provide Adequate Ventilation -- A fresh air ventilation system must be provided and shall be adequate lo remove fumes and gases created by the proposed hot work II ade- V-tO -* vj u e*x 004839 f '*n: v'i ^'-?. ;.--l's e^,Vv^<'*-3 7~r-:V--. h''-; ^ i^S-r'^ '^.Z~' i ' >" r '"-v .l'f.//.r'r J . ~sf*J?Z-XJr * a4 f'-'',-rii'.v>V''L -a-cv. ,r>;.v.-u-i Jr* r-W-^.J fe'-f^cz1-- f- i.,` jr<r'TM" T.^ * ^L-** * *, i t ^^V>"^TtT ,, >- /3-.V --?.* i . fc*'r- * '*.-- - ir;/-iir.i -y.-TV*V- ` quate ventilation it r*ol possible. suitable re spiratory protection must be used. SPECIAL REQUIREMENTS 1. Work on Tank Cm -- Hoi work must not be done on tank cars while located at a loading radt 3. Venting Hollow Equipment -- Before burning into or heating any hollow vessel or equipment such as ball Moats, pistons, impellers, vessels, pipes, valves, fittings, or similar equipment that Kas been in service of any kind, the vessel or equipment must be property vented (unles 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 posinve ventilation is discontinued. A torch or other gas-consuming device must never be re moved from a hose while insidea confined space. When torches are left unattended (such as lunch penod. shift change, etc ). the gas supply must be positively shut of f at a point outside the enclosed space or the hoses disconnected at the regulators. < Establishment of Smoking Permits -- Requires wnlten 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 (5-6). 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-U dkhat n/uttnl HOT WORK PERMrT 1**0* COM*V Vl> iavtomi (rir* * * a<aV * MrieMtV^ Mil T................... -- ran :: m V V *m --------------------- m * aVn*es ksrrii Ron *>-- t* m f*e* ^ V * * newwo. m m mm m T0 A W? Section 6 PROCEDURE FOR ENTERING ENCLOSED SPACES PURPOSE This procedure is designed lo protect personnel against such hazards is oxygen deficiency, toxic materials. flammable substances. *nd powerdriven equipment when working in enclosed space*. A yellow PERMIT TO ENTER tag is re quired to enter any enclosed space If hot work is to be performed in an enclosed space, a yellow PERMIT TO ENTER lag is required to initially enter the enclosed space This procedure is lobe considered the minimum precautions for the safety of personnel enteruig enclosed spaces. SPECIAL DEFINITIONS 1. Enclosed Space -- Any space lhatcan be closed or has restricted entry or exit, such as vessels, tanks, boders. 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 19.5 per cent 3. Standby -- The person designated by the Chief Operator and'or the Maintenance Supervisor to warn persons in enclosed spaces of hazardous or emergency conditions that could tiled their safety. RESPONSIBILITIES 1. Chief Operator is responsible lot issuing the yellow PERMIT TO ENTER lor entry into en closed spaces in his processing area He or his dtsignalrd representative is responsible for insur ing that all necessary safety precautions have Vt-1 been completed prior to issuance of the permit The Chief Operator musl sign the yellow PER MIT TO ENTER tag certifying that all require ments have been met. 2. Maintenance Supervisor is responsible for ob taining 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 lag to indicate his approval of the required safety pre cautions He must see that all proper )ob 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 explosiviry. safe oxygen level, and safe toxic material levels He will also inspect the jobsite for compliance with all applicable safety rules and standards 4. Individual, before enienng an enclosed spare, 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 Safery Permit Inspec tor. has been posted at the job site 5. Standby is responsible lor 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. Enienng 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 ph) nr ally dis connect or blind the enclosed space m accor dance with Seetwri7. VI 2 hi'*-r_- / . -L- T- .*/' r-*'* r _ S- .* Vr a: v * .v,` W-..V --. . w --! * .. x-w-C r_-i J LmC EXX 004841 '.mc.-viix- -.'i.a 'tfW *. fr % 7. * - '? - ^-cr~.^r.-^ Pii2sw'-:sa - f-'^`^* ; !T^V> `A^j^.'nl ^1~: * ^Lt ^v- rT E^K-^f-*::.---y r-:: aJ'-tSSp-;$*'" .^ > * -r^ .* ' V; KJ; ^K.i* v*, / . J" k ' >4 1. *jrl .' b. Requesting PERMIT TO OPEN OR BLIND -- The Maintenance Supervisor will request whitf OPENING OR BLINDING PERMIT from thf Chiff Operalor in accordance with provisions of Section 7. C. Isolating thr Enclosed Spare -- If nntalready done by Process. Ihe Maintenance Supervisor will insure that all connecting lines to ihe en closed spare are physically disconnected or blinded at a point as near to Ihe enclosed space as is safety practical Double block valves with an intervening bleeder are not considered equivalent to a blind where personnel bodily enter the space. EXCEPTION: In steam, water, and air service where no blinding points exist. isolation valves shall be chained and locked with Mechanical locks to prevent opening. d Immobilizing of Tower-Driven Equipment -- Before entry, the Maintenance Supervisor will arrange for electrical equipment to be im mobilized in accordance with the electrical lockout procedure. The pow er supply to other equipment driven by air, steam, internal com bustion engines, or hydraulic fluid shall be blinded or disconnected. . Cleaning and Establishing Ventilation of Enclosed Space -- The Maintenance Super visor will have the space cleaned and if necessary, place in operation a fresh air ventilating system. EXCEPTION: No forced ventilation systrm ia required where a natural draft is established and the Chief Operator. Maintenance Super visor. and Safety Permit Inspector agree that entry is safe. t. Cas Testing Ihe Atmosphere of the Enclosed Space -- The Safety Permit Inspector must satisfactorily lest for explosivify. orygen deft- VI-3 ciency. and toxic materials (I) Eiplosivity -- Entry will not he permitted unless the test indicates a safe range (J) Orygen Deficiency -- Entry wiQ not be permitted unless orygen concentration rs greater lhan 19.5 percent (3) Totic Materials -- Entry wiD not be per mitted unless test indicates a sale range Additional checks are to he made a< wort proceeds in Ihe enclosed spa^e if a po"ibilny of release of fumes or depletion of orygen exists. g. Standby Requirement -- A standby must be required and noted on the yellow PERMIT TO ENTER when the Chief Operator and or the Maintenance Supervisor determine' that an unsafe condition may develop during the course of the work The standby shall be equipped with a standby tut. a Claron 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 sipn Ihe permit signifying that entry can be made He will then post the cardboard portion of the permit in a conspicuous location it thejobsne and file the original piper portion in the Process permit file. I. Permit Duration and Disposition -- A yellow PERMIT TO ENTER will have Ihe same re quirements for duration and disposition as a green HOT WORK PERMIT except that no "drop card"type permits will be allowed. Job completion permits will he allowed ptvvidid VI-4 r--v-~ ';s* u VF[ p.|j>e-,rTri-v u>| ! . r tv ww . v T'lun EXX 004342 -U. -cTrsv" -/a.'. :rv t -j. j --'rt--J*r*', r-V^'r^:-h ^ZSZystJ?: ?-"v *r^-' 5>* V.v work in (hr enclosed space is conlinuous. 3 Entering m Enclosed Space with Protective Equipment Enclosed spaces to be entered with protective equipment must be emptied, cleaned of hazard ous materials, and purged, insofar as practical, prior to entry ll 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) Esplosivity -- Entry will not be permitted unless the test indicates a safe range. (2) Or) gen Deficiency -- If oxygen 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 w ith 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 -- All per sonnel entering enclosed spaces must wear pro tective equipment appropnate 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 Safety Permit Inspector and mdicaled on the yellow PERMIT TO ENTER permit. The cardboard section of the permit must be posted at a conspicuous location at the |obsite In the case of oxygen-deficient atmospheres, pressure-demand, hose-line air masks with self-contained life lines must be Vt-5 used and Operating Supervisor approval ob tained for entry. A standby ll required when personnel are re quired to wear pressure-demand, hose-line air masks inside an enclosed space or the situabon is such that outside warning is necessary Scon Air-Paks are permissible in place of the pressure-demand, hose-line air masks for emergency or rescue use where life u in im mediate danger. 3. Duties of Standby a. Accounting for personnel working m 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. . Evacuating the enclosed space in case of fur or disaster alarm. f. 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. Vt- " . tZZ *-4` ^ - . 'i- ^ * . .-' ?1?" Vi'Vjp C'4*rn vr^* I. V-T-.--* 4 Pi^ae^.sfc^ B:?^is-> fcr'i P^r'jT^v- M-. c fv,` ^ *` . . ^ v * ** *" Ep&?38&2j M. -T ^ --^-'*-. * ..>/'a t^v**"*- 3 nC .* * 4 *^V -^1w .JL'-*** r ;S!?- SPECIAL REQUIREMENTS 1. Entry to Prepare for Hot Work -- A yellow PERMIT TO ENTER ii required to initially enter an enclosed space where not work u to M 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 long as a valrd green HOT WORK PERMIT is m effect. 2. Entry by Process without Mechanical In* . volvement -- When entry is made by Process personnel without mechanical personnel in volvement, the Chief Operator will assume the responsibilities and functions of the Maintenance Supervisor including signing the yellow PERMIT TO ENTER in the space marked' Maintenance Supervisor. ^r-r-r.Siial -v ^ ' . w'v /V ^;--',_"---7'^ r-iO -*_.r=-r-'-iPrr 5U^j=*.*--4- r-.r---^--'-^r^-c - * / , * * - Z4+*r-+* r~~- -- ;.>> t-jf'~-X'- -- * --- p-j ^^ *'*?*. Cr*: z J5 :;*> Vl*7 oa*L*reHra*sMan y^sJ atjoivti PERMIT TO ENTER IllOR COMPART Uli M^TOpr *| f-ti| r Vliwt aesitma *Mf0*i(AT aiwtaiMi Msa > iw m , Yellew Tog A * fli V * K '5u f}.~ -^-_o.-_ + *' T/-rA -~-~ 53i"^-r.t'V.STmNC/-.-.<-1_. >-wL,,^-.4--*-.--^--i -*- ,, ' *-^-V ~3- . ^r/Tffe:'A-.: *2. >.- -rL --t ,-n! C*#*rr ij /.' ^ -#'--rrJT.-j.S--.'t:'.,.-. -i r--/:v.->?-^r.^ 7--' -.^ .y?-* '-,>.: - >r.t ., l -. *.?:'-. ' ilv *j *a' Section 7 OPENING AND/OR blinding permit purpose Thu pe rail procedure it designed lo prevent Kodenls by insunng adequate communicationsbetween Process and Mechanical Personnel when opening and'or blinding equipment in a process ing area A while OPENINC OR BUNDING PERMIT shall be obtained bclore beginning such work SPECIAL DEFINITIONS t. Optning -- Eposing the interior of any pro cessing equipment, including piping, lo the at mosphere This includes removing covers, break ing flanges pulling header plugs, etc II does not include draining or venting through a valve. 2 Blinding -- Installing temporary slip blinds into piping or blind /langes onto equipment to isolate or dose for mechanical work. RESPONSIBILITIES V Chief Operator is responsible for issuing the while OPtNING AND OR BLINDINC PERMIT. He or his designated representative has the re sponsibility for preparing the equipment, deter mining if the surrounding area u safe for the proposed work, and listing any special safety pre cautions required. 2. Maintenance Supervisor is responsible for se eing that a permit it secured lo perform work involving upenmg or blinding Hr is also respon sible lo see that Mechanical Personnel work within the limits of (he permit and that all stipulair-d safety precautions arc taken. Vtl-1 PROCEDURES 1. Requesting Permit -- The Mechanical Super visor or his designated representative must re quest a permit from the Chief Operator 2. Initiating Safely Inspection -- The Chief Operator or his designated representative must perform a safety inspection of the area He must check lor 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. 1. Blinding Requirements -- Generally all opened equipment must be blinded for hot wort (see Section 5). for entering (see Section 6). and opened piping left unattended The mstalianor and removal of slip blinds and blind flange-s In cept daily closure blinds) shall be recorded on the blinding list Specific blinding requirements and eiceptionsart as follows. Pumps -- Minor repairs, such as small pip ing and seal replacement may be performed without blinding provided (1) the suction and discharge valves are lightly closed and laggrd with "DANCER -- DO NOT OPEN" tags (2) the case has been depre-ssuri-d through bleed ers. (3) the driver has been properly im mobilized. and (4) the work can be complied m one shift. Pumps taking suction on vessels operating below atmospheric pressure must be blinded on the suenon side to. Compressors -- Minor repairs, such as ccvei plate gaskrt and vaUe replacements and bear ing inspections may be performed wiihou blinding provided (1) the compressor can b ivolated by block valves. 12) block vahrs ari tagged with "DANGER -- DO NOT OPEN' Vll.7 a.* wm* . **.*, EXX 0(94845 'ly.'*!-.--.'. z. ` w1- ."*5 -.: i- ' *<-. - : ^ Qi xXT"'.' ^ v *" ^ X--_a ^-.>--F-t-%-,^*^;-Tx^* ;1 slsi#-: ^y.%Ss;V.i -r-,< --V -X.'--Xr* '*: ^ ~r:- ^ j > .`r-V-^2f?^-:j i>.-fr;-:v .-? -; i! ta>5s'?3 ~ '---^V*-- e> jrsw/f 3 r--L?<*>~> rV5 4 ^^*2 XV y*- Vx^m- %a-g^a !/?$*rv?->.T-;*':v-**.v/<a l--*-v.rr .'&'*< 3 S-il=sV^ >- ^ -> !T* X-t tags. (3) the case is deprossured through bidd en. (4) the driver nas been properly im mobilized. (5) Ihe work is continuous until completion, and (6) no more lhan one cover pUte and valve is open at any time. c. Drivers -- To perform major work on driv ers. Ihe driven end must be disconnected or blinded Additional isolation must be as fol lows: (1) Electric motors must be immobilized, using Electrical Lockout Procedure (see Sec tion 4). (?) Cas engines must be blinded and the fly wheel blocked (3) Combustion turbines must have fuel lines blinded and the au*i!iary motors im mobilized. (4) Etpansion gas turbines must be blocked by closing the mint and eshaust valves, tag ging the valves with "DANCER -- DO NOT OPEN" tags, and depressuring through bleeders. (5) Steam turbines must be blocked by dos ing the inlet and rhaust valves, lagging Ihe valves with "DANCER -- DO NOT OPEN" tags, and opening bleeders. d Piping -- Unattended open Piping must be isolated with slip blinds or closed with blind (langes. EXCEPTION: Lines in water and air service of less than ICC psig may be lelt unattended with out blinding . Vessels -- Isolation blinds must be installed as close to the vessel as safely practical and in a manner to insure that no liquid or vapor can be tiapped between Ihe blind and vessel.VII VII 3 4. Preparing Blinding Lilt -- Before blinding be gins, Process Personnel must prepare a blinding list indicating the size and location for all tlip blinds and blind Manges to be installed. 5. Issuing Permit -- Process and Mechanical Per sonnel must make a safety tour of the |ob site, identify and mark the places to be opened and or blinded, and review the limitations and safety requirements stipulated on the permit. When both Process and Mechanical Persons arcsansfwd that no green HOT VvORK PERMIT is in effect and the task 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 |ob 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 authonzed the work. Dock Personnel -- Marine hookups on the dock may be performed by Ihe Duck Connec tion Crew working under the direction of the Chief Operator without a written OPEN INC OR BLINDING permit. 6. Blinding -- The Mechanical Person must re cord each slip blind installed by signing and dat ing Ihe blinding list. At the completion nf the blinding list or at Ihe end of the shift, the blinding list must be returned to the Chief Opcratnr or ho designated representative. 7. Duration of Permit -- The permit is issued lor one Mechanical shift The permit must be signed and dated by the Mechanical Person and relumed to the Chiel Operator or hi designated irprpsen. tahie at the completion of the /ob or at Ihe end of VIM \ j w.. /."jv.ai-s^n wv*s.s m' >[IJ' EXX 004846 the thill The permit ma) be eitended into the nel shdt by both Proem end Mechanical signing the extension block No blinding permit thill be valid (or more than 24 hours An opening permit may be issued for duration of turnarounds provided all oil. gas. and chemical lines are blinded at the unit limits I Removing Blinds -- The removal of blinds re quires another permit unless the installation and removal work is continuous and completed within 24 hours The Process Person issuing the permit and the Mechanical Person accepting the permil must tour the area and physically identify the blinds to be removed The Mechanical Person must sign and date the blinding list as 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 (he cardboard portion and return both the permit and blinding list to the Chief Operator. 9. Filing of Permits and Blinding Lists -- Each permit must be fifed for 24 hours after its equa 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\ nftwc o* IIM( njMn 4 WKtt T.g 1- -c Va B.uJff VMS O------ r~y-iT7--SWO- I'l- S' I t Li* v \A*:. EXX 004B47 I A*. ^^-'vr!-C r- . .. ' ~:r,.iCV'' rt'ii^T- '"TAf? 5v`' .----------- - ^-^--- - ~~..-i..~.c '--*> ->--- -^>i~-imT.'--(Si 5r^ ..n*>i^a2s t Section 8 COLO WORK PERMIT PURPOSE This permit procedure is designed to prevent ac cidents by giving Process Personnel control over coW work activities taking place in Iheir processinn ,rrl To insure proper communication* be tween Process and Mechanical, a blue COLD WORK PERMIT must be completed before work s started in a Process area. SPECIAL DEFINITIONS I.Cold Work -- Any mechanical work on pro cession equipment including work on intrinsically safe circuits and energized eleclncal instruments and elcctncal power circuits that does not involve openinn. blinding. enlerinn. hot work, or electri cal lockout. RESPONSIBILITIES 1. Chief Operator or his designated representa tive is responsible for approvinn blue COLD WORK PERMITS He or his drsinnated represen tative is responsible for insunnn that all safety precautions have been completed prior to is suance of the permit. 7. Maintenance Supervisor or his designated rep resentative has the responsibility for initiation >he blue COLD WORK PERMIT and secunnn ap proval from Process personnel. He is responsible (or seeinn that only (he work authorized by the permit is performed. PROCEDURE 1. Initiation COLD WORK PERMIT -- The Mechanical Person in charne of the work nroup assigned to perform mechanical work in a processinn area must fill in the dalr. time, area, VIII-1 equipment, and description of work on the blue COLD WORK PERMIT He will then contact the Chief Operator and secure approval before startbin to work. EXCEPTIONS: Blue COLD WORK PERMITS are not required a. When Process Personnel are performinn mechanical work. b. When the Dock Connecbon Crew is worimn in the dock area under instructions horn the Chief Operator. C. When instrument technicians and electri cians who are renularty assigned to the processinn area perform routine work authorized by the Chief Operator. NOTICE: A COLD WORK PERMrT is required to work on energized electrical instruments and electrical power circuits above IOC volts d. When Technical. Safety Permit Inspection, or Laboratory personnel perform sampling and'or test work authorized by the Chief Operator. . When janitors perform janitorial-type work in the processing area. 1. When contractor employee fair ue'l di'erfton from Process Personnel. g. When Mechanical perfoems cold work in preparation for the issuance of other work per mits on the same shift Samples of such work are covering sewers, hooking up hoses, secur ing fire-fighting or safety equipment, hanging tarps. elcctncal lockout, etc. h.When oil. gas and chemical lines are blinded at unit limits dunng unit turnarounds and work is being performed m accordance with the tur naround procedure. Vttl-2 r. r ... -r L - yr;i:vw . : EXX 004848 J MAing Safety Inspection -- The Process Per son designated in approve the peimil must assure hunsell that the conditions at I he |ob site ire sale for the work He mul determine if a gas lest is required and miy mjkr the gas lest himself 3 Issuing Permit -- When both Process ind Mefhim.il Persons ire Satisfied thil the work (in 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 at the |ob site The Process Person must (tie the ongmal portion in the permit file. 5 Duration of Permit -- Blue COLD WORK PERMITS are issued lor one mechanical shift At the end of the shift or at |ob completion, whichever comes first, the Mechanical Person must sign the permit and turn it in to the Chief Operator The permit must be fill'd for 24 hours after its ripiration and then discarded 8. Ettension of Permit -- The permit may be elended by determining that the |ob conditions remain unchanged and by both Process and Mechanical signing the permit No permit shall be eitended beyond 24 hours' total duration. w. AJ- .** * i - ' '..*V VIII 3 Light Blue rsmeer ' - EXX 004849 >*r. -r- . ** --' %>.. >- . :~*r v-Ti.--^ S~. in,x*.a"*: sgjgrs *c--^'^v`/< y`*'*k..l1 j*i3eJL-r*n~r^_2 sr-'.'-ri "'.-~^ V i'vi. *r" ' ---- ^ ir- SECTION f SECUNITT NECUIAT10NS 1. Parking locations Forking location# will be deelgoeted tor eeeh Contractor l? CVner. If Contractor Jnltn to park on Owner'# property, *11 parking ahall be lo tha let, er araa deelgnetad. Feetad regulation# governing th uaa of the let ahell be followed. All rrhlclri on Owner'. propartT ahall bo at tha rlak of tha vehicle owner and Ovntr accapta so reepoaelblllty for paint or othar damage to or theft of er fro* ouch eehlclaa. 2. Entrant* Cat* Owner will deafgnatt a gate or gateo for the uee of Contractor and far the delfverT of lta arterial and auppllea. Contractor tod eehlelee nerving the Contractor ahell uee 00I7 the dealgnatrd gate for entrance and eilt to and ftoo tha Contractor'a Job alte. Contractor ahell cake errangeBenta ao that vehicle drlvara will know which gatt to enter end the appropriate Job elta location. 3. HHi and Roadways Valka and roedvaye will be deelgneted for the uee of Contractor when entering OT leaving tha Job alta, when saving frow one area to another, or when obtalnlog aeterlal froa Owner. Cootractor ahall uaa only dealgnaied roadway# and walk#. Tha uaa of ahortruta or Boodeefgoaccd pathway# fa prohibited. 4. Contractor Emplo/* Badges Contractor*# employee# ahall wear their Contractor'a bads* at *11 tlee they, are lo tho Float, badgea ahall boar tho flro'a nan* and each bedg* ahall ba numbered with 0 different auaber. Contractor ahall eupply theaa badgee and maintain a record of badge nuobere wltb rwployeee* oaaea. laployeee engaged for engineering aervlcee ahall be required to wear badgea furnlahed by Owner ahewing a ouabar only, badge# *u#t ba ahovo to the gate Security Officer each t Lae any aaployta of Contractor onttro or leave# tha Flant. Whan Subcontractor! to tho prla* Cootractor do not have their ova badgea, they nay uae tha prlae Conttactot'a badge#. Vhee contract ewpleyaea enter tho Flant, tha Contractor'a ewpervleor la reepoaelblo for checking that every contract eaployea ha#'a Contractor badge. n-i t" >. # * . o * , . P:*av. *;>*,a*S "~*: ^a l.* # -- a.--A ,. 1 we. ,r * ** - .*'5./ 's`i k * r:- u/ ..... EXX 004850 ^'-Vvfev>.** G~:;;v sj^AsTs r ji > **.*.va_.._-.if.. J==*^4*^^*vrJ r -try- -,,; ./:r.- - , rcSr^r.s:*-*..' WSgJz:'* -* >, a ^ S?*^r^iVi r* \-~r ~-: * fe'r fr-r^'-C''.. SJ7---Cc-irt.-*f;r'~.-.*-z ' V. *-V* rr^yTv^r^> CiijULcL^M I. Cantrgctor Vehicle Identification Contractor'* vehicle* mix boor the Contractor'* iu< or iBtlgoU preolntoclp dltpltpod, and tb* dtlvar auat have a M|i, tuck vehicle* ahall he rmrlciW ca tb* uac il daalgoatad ttretl or atraat* and fleet oocronct or aotrnncta aaaltsad for usa ef Coot factor. All oqulpMeot oa rubber lira*, ouch aa ooblla cranaa, backhooa, air eopre*ora, welding atihlmi, ate., ouat hava Contractor'a Baa* proMlaaatlp dlaplapad oa both aid** vbao being uaad bp Contractor. Hitirtil Panel All coola aed oaterlala that tha Contractor reaovaa fro* tba Plant ahall ba accovpanlnd bp a Material paaa obtaiaad froM tha Contract AdoLnlatrator. Tha Material paaa ahall ba cooplatalp filled out and ahall ba al|nad bp a dealioatad rapraacntatlva of Contractor and the Contract Molnlacrator. Tha Contract Adminlatrator ratalna ooa copp, and the original aed one copp ahall accoopaap tha aatarlal to tha |ata. both eoplea are to ba aurrtadtrod be the gate Securltp Offtear. 7. Thaftt Owner accept* do rcaponalbllltp or liability for tha thaft of onp property or Material belonging to Contractor or Ita oaplopaaa. It ahall be the reapooolbllltp ef Coetractor ba furalah any police protection It deeoa acceaaarp to tupplaocot tha guard aod patrol aareLca provided bp Owner. Owner Maintain# aa Inveatlgatlva aarvlca and will caoparata with Cootrtctor bp aaalatlng In tha lnvcatlgatloa of all reportod theft* wlthla the float. Theft* of property or autoMobllo* froa Owner'* outilde parking lota ahould be reported to local law tnforceaeot official*. Contractor Map obtain ton* toe reporting theft* froa within the float froa the Coatroct Adminlotrator. timbltivg All forao of gaafctlng oro prehfbltad oa Xntr'i preparer. 9. luilnesi Visitors, Appllcsnts, gnd Dg liver/ Trucks Contractor oh*ll furnlah flant Securltp with a llat of parooo* who art autherltad to pate butlnra* vlairora, new tnplopeea, and dallvarp truck* to tha job alt*, fliat Securltp will obtain author 1 tat loo froa oat ef that* paepla before patting auch Individual* Lato tb* 12*2 7 -f j EXX 004851 vs?&&b-3 ~ v"vc*4-i--"i? * vT ^ 4-iJ =53^3S&i fce*?'*'*- C-t7"nr*- .3 ''.u 1 - .?} >. --_. >o-- ^er, : .Se-S -J 'Jxi^rr't.sr-S 1 float. ffoctal pnliilM ohall W obtained fro* tha Contract Adalal.tr.tor to adalt oaLaa bwalooaa ag.ota or oof.tr inapoctora othar thao contractor eoployad loto tha float. Abulnc Service Contractor, oft** MtUe| to float, oK.ll oaVo 007 orr.ntra.ot. Contractor dteaa aacaaaary for aobulanea oarvLca froa oo outalda flra. f.quoata for ao ubuli&c. aKall bo CO 11 ad la to *27-3711, oatanaloo MOO. Aceldaot locatloo, aabulanct flra and hcapltol daalrad, aod Contractor', soar ahall ha gt*. flaot Security irfll aacort tha aobul.nc# to th* octoa of th. accld.ot. All acrid.nea ahall Ka rcportad to tha Coetract Adatn 1 at rater aa aooo aa poa.lblt, whatbar raaultlng la Injury to a par. on or daaa|a to tha equlpaaot of Owoar or Contractor. 11. Inspection of Lunch Sores, Pct*ges, Motor Vehicles, etc. Whan contract raplof... lea., tha flant, tha Contractor*, auptrrlaor ta raapcoalbla for loapoctlng lunch contain.ra, pachog.a, and buadlaa. Security Offlccra Kara th. rl|ht to In.pact lunch cootalnara, pachogaa, buodl.a, tool., oqulpaoot, and aotor ..hlcl.a la tha flant at any tlaa. 12. Cameras and Photographs Cnauthorliad Individual! ahall not ha paralttod to aotar th. float with t eaacra. Vhaa Contractor d.alraa to have phots|rapha taboo la tha float, approval auat ho obtained froa fubllc b.latlooa Peparraest. 13. Liquor, Drugs, Flrearws, and Dplosfwes Aoy paraea poaa.aaloi lntoalcatlof liquor, or drug., or vhe la undar th* In flu. oca ol ouch, arlll oot ha p.raltt.d to ooiar tha flant or lollar 00 Ownar't property. flrcoraa aod trploalrca vlll oet ho pcralttod la tha float. .14. ftsltlng and Loitering* ftaltlng aod lott.rlng by Contractor*! raployaao at or orotntd antranca gttta or other plac.a oo Ovnor'a ptop.riy will oot bo paralttod. SO Kfog.^icl ^TJf'l'KP i' <> . ja \m ' 0 o>i|.,7 r imTJfi C-c *- h .*'.r EX X 004SS2 fc-^r . ' t t* j-| wSipsr.^l rjfcJf-'>- - -'-'*S 1$. fingerprinting If requeued hy Owner, Contractor tktll furslth the Owner tvo eete of fLnjtrprUte eo tch ef kit oaploycet tad etch of hit Sukcsocrtetor't uployoot. - 4 %rv r *"d-sJr^/ -V ggBj?TugJi>g mml ft ,f ^r r>- . 1 "Tr^T" * -- , ., ''*** * f I n-4 KT*rr* r--vi^t* EXX 004853 rtX s% g:fci &stfsa SECTION 10 CtNERAl REGULATIONS 1. Authorlutlon to Stsrt Wort Contractor and Subcontroctora aKoll oot otort work until autherltad by tha Contract Amatol aerator at tha job alt*. Such authorStat loo doe* oot conarltut* authority to procaod with any work Involving apodal parolt* aa outlined In Ejotoo Laflnery'o Safety haoual. Contractor ahall alao aacura approval frow Contract Adatntatrater hafora any aotarlalo nr* dallaarad to job olta whao aotarlal dallvarlaa pracada Contractor`a arrival on alta. 2. Contractor's Equlpwwnt All Costractora aovlnt trallar-typ* equipment within tha Riant ahall oat a hitch equal to Rraolar'a automatic latching hlteh No. 10} for ont-too loada, or Ao. }80 for on*-and-onahalf-too loada, aacapt that proptrly ratad ball bltchaa nay ba uaad whan provided with aafar ehaloa. 3. D plot) vat txploalvaa ahall net ba uaad without prior wrlttas approval of Ownar. 4. Uia of lines, Conduits, or Structural at Supports Contractor ahall oot ua OvTxr'a ptpa lint a, alactrlcal eoadulte, handratla, or otructuraa aa aupperta for loada, for laddara, or for acaffolda vlthsut auttorlnatlon froo tha Cootrsct Adalalatrator. s. Utt of Stsnchtons or Equipment for Anchors Contractor ahall oot uaa Owner'* pip* otanchlona or ethar aqufpwant for attack!^ onatek blocka, guy ltnoo, or for ethar aarrlcaa which apply loada on aqufpaant vlttoat wrlttao approval of tha Contract Mainiatrotar, I. Binijt to Owner's Rropert/ If Cootroctor dasaga* T of Ovoar'a proparty, or property af any ethar contract#? X-l >;^T7.V- y.t--* f . r ; ----------7~--.7.. ..... . \i- iV'l'niin-wv XX ^2p&*-**~Xb --'>-* ^-^r-5 vnr^c^vw t'-JS: T ovbc not rector, Che <uu|t aboil t ad lately ba reported ta tba Cootract Ualilauatac, 7. Operating Owner's Equipment Coatractor ahall aot operate aoy of Owner'a equlpoaol, aucb aa alactrle povar rvttcbaa valvee, ate., without prior apaclflc approval of tha Cootract Admlalalrater. . Use of Speclil Vehicles So vahlcla or place of aqulpoeot having Mtalllc-lugged wheel# or trecka abail be operated oo any hard aurfaca atraat without adequate protection to the etreet, aa approved by Cootract Adolnletrator. Ho cracked aqulpoeot having fiat pavaaeot traada ahall jo operated oa a paved atraat without approval of tha Cootract IdoLnlatretor. 9. Fir* Extinguishers Valdlog eachlnaa aod tar pota ahall hava a 11-pound CO] or 20-^ound dry chtaicaltypa flra tatlngulahar Ln proper workteg coodltloo located adjacent to tha equipment. aa aatlngulahar ahall ba located la each working area where "hot work" la baleg done. Flra Moee -- Where fixed hoea reale ere oot available, the Coatractor ahall furaleb aod aa totals a elrleua of one flra hoaa Is aaeh working area where hoc work la baln| done. Each hove ahall ba 1-1/2" diameter with threaded coupling and WTC Tire Bepertoent thraadad adapter aultabl* for ISO pal praiaura. Each hoaa ahall ba equipped with a 1-1/2* coehlaatloo fog, etralght atraae, and ehut-off aoirla equal to Aoerlean LaFtance or Elkhart 1-204. Hoaaa ahall b conoactcd to a hydrant. Tha Coatractor ahall ba raaponalbla for opening tbo voter aupply valve at tha hydrant la full open petition while bot work la la prograaa, but praaaura la sot to ba left oa hoaa evarolgbt. 10. Welding Contractor ahall oot weld oa all er gaa line# or equipment la etrvlca unlaaa there la lattraal cooling agaot te reoove heat, ouch aa floviog liquid or gaa, and there la nfflcla weal, aa approved by tha Cootract Adololatretor, to prevent a bure-through. Ecapt loo: Ho hoc work la to ba dost oo air llace la aervlee batvaaa tha reclprocetla cooprataor dlacharga and tha knockout druo or drier. Hot work caa ba dona oa air llace daw otreaa of keockeut druo or drier, or oo air liner preaeurrd by caatrlfugal equipment, after gaa teat ahove the air la the line te have oa hydracarbooa praaast. ; V0$M i*g&#:-^ 'rpjtr *w ay vot -oeui W" i j'"ioat 'TRW au." `/t!.: u V, r' i/Y'.'U.Vi 't'.1*, f "tw' - .'j.* -u : ; v. - *). ... EXX 004855 1-2 II. Securing of Teevortry lulldlngt All teapots ry bull 4 Lug a (hall be tied low >J the Contractor la accordance with tb Contract AdalalatTater'e laatrwetlona, sad applicable by town log 1 near In* Standard#. ir t*U froa the Plant Contract employees, exctpt far tha driver, autt dismount and walk through the gate m% leaving tha bflaary, 13. Ron-[ngl1sh-Speiktng Personnel Tha ability Ca cooBuntcate with Contractor employees la essential ta aafa job aaeevtloa. When tha contract aopioyea cannot apaak English, tha jab feraaan auet Va able ta apaak hath English and tha employee's language fluently. If thart ta rcaaoa to doubt tha foraaaa'a ability In thla retard, a practical deaenatratloa ta to order. Vhaa the foresee cannot apaak both English and tha aapleyca'a language, tha esployte auat althar ha placed under a feraaan who can, ar ha auat be prohibited Iron working In the bytown tefloary. 14. Hurrleene Precaution! Tha parlod between June 15 and October 15 fa recognized ae tha hurricane eeaeoa. Prior ta thla tlao, all notarial that la not needed for the job and tbt eight becoae wtnd-bor-M La hurricane wlnde ahould be reaoved. That notarial etlll needed should be piled aa eoapeetly at paaalbla. Provlalee ahould be Bade for tying down lightweight object! ahould the need arlaa. Scaffold# and aone open-type etruct urea ahould be dismantled If a hurricane approachae Thua, ther* ahould be a plao fernulatod la advance ta handle neeeeaary act lone, particularly la tarna of tha tlaa aad manpower regulnd. 15. Contractor Accident Reporting Tha coatractor la raaponalbla for notifying tha Contract Adalnlatrator lanedlatalyt a. Aoy tine aa aabulaece la calladt b. la tha event of any Injury which could poaalbly reeult la laac ttnet a. ta tha event af may tec Idea t which had aarteua potential, aucb as aebtle equipment averturalng, equipment ceotactlng electric supply lines, ate. I-J .- -- --t. . ^ *.r* ww 3^'jSS^ ^'-v:r> ~^, -t. r' VV .-T2 : Jso;3 * W*=&&1 ~r**`r.-a^-! ill lajwrlaa (Kail to rapart to 00 tto Itouatrlal Act Id tot hoard (laniard Ton (or Btplayaa'a ftrot (apart of Injury or Ulaaaa -- litut rtrltlot. It. *er?ancy fracuatlon Troctowra Ao oatr|tnc7 araeuatloo proeadura Ton (toll to eooplatad bp aaeh Contractor prior to o tortint cootroct. Ao iitull; polot ahould to ehooto to provldt a relatively aoFt, epaa area, la (ha avoat aa aatriancy occura (hat raqulrat evacuation o( all or port a( tto laflaary. 17. Contractor Saftty timings Each Ceotraetor la atreo|ly ancovratto to hold a weekly aafety oattlrvj for hla top laytot EltSar a coohlead otttlnj of all tht Contractor' aoployaaa la tha At flat ry or analler tatloaa for aaeh Job or aach fortann la aultabla. 35*/p+' SS&Z&i, ['? "C; SW^j. WM0&: ,y> *^v'.-v ''*&!!* 2Zfiierni\ 1-4 I. # EXX 004857 ' ez.< t \l I A? c T / /f Brown "Root Inc Post Office Box Three, Houston, Texas 77001 October 17, 1979 Contract No. K-00-9131-C Exxon Company, U. S. A. P. 0. Box 4019 Baytown, TX 77520 ATTENTION: Ms. Betty T. Wright Gentlemen: We will perform the additional work described by Design Change #3 for a lump sum price of $724.00. This additional work will necessitate 30 days extension to the original contract schedule based on delivery of the monitor nozzle, provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. BMH/lja b: M. Holt CONTRACT CHANGE 0GDER NO. _______ CONTRACT NO. !-C DATE: ADDITIONS $ 7.7 </. Vc _ EXXON CO^'PA:L.o.A. A OIVISION Of EXXON CDRACRATIO^a SsZS'' APPROVED: DATE: ^ _________ j EXCERPTS /n2> _ |i-KQj. ENG: Tv ~*E: A . EXX 004858 542-7000 A ^ (-D f -J Charge: 32213-81140 Contract No. K-00-9131-C THIS CONTRACT, entered into this _ T# ' s day of August 19 79, by and between Exxon Chemical Company U.S.A., an operating division of Exxon Chemical Company, a division of Exxon Corporation, hereinafter referred to as "the Company," and BROWN & ROOT, INC. hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein the Company and Contractor agree as follows: 1. If any provision of this Contract incorporates by reference into this Contract or provides for the attachment hereto of any safety regulations, engineering standards, or other documents issued in the name of Exxon Company, U.S.A. (a division of Exxon Corporation), then for the purpose of this Contract, the Company hereby adopts those documents and any references to Exxon therein shall be construed as references to the Company. 2. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform all work in accordance with the specifications and exhibits listed below, a copy of said specifications and exhibits and of each drawing and Baytown Engineering Standard referred to therein being attached hereto and made a part hereof. Designation _________________________Title _______________________________ Date Specifications Construction Specifications for BOP Hydrogen Booster Compressor at the CHU, Revision 1 July 19, 1979 Exhibit "A" Construction Specifications for BOP Hydrogen Booster Compressor at the CHU, Revision 1 July 19, 1979 Contractor agrees to begin work immediately upon award of Contract and will make every effort to complete the work on or before October 15, 1979. 3. As consideration for the satisfactory performance and completion of this Contract by Contractor, the Company agrees to pay Contractor the lump sum of THREE HUNDRED ELEVEN THOUSAND FOUR HUNDRED NINETY-THREE AND NO/lOO ($311,493.00) DOLLARS. 5^1-7000-!E 4. Contractor shall comply with all of the terms and conditions contained in the Company's publication entitled "Contractors' Responsibilities for Safety, Plant Security, and Traffic Regulations," dated September 1,1978, said publication being made a part of this Contract by reference. The Company will furnish copies of this publication to the Contractor. The rules and regulations contained in the "Contractors' Responsibilities" shall apply to all subcontractors and their employees as well as to the prime Contractor and its employees. Before starting work under this Contract, Contractor shall obtain from the Company copies of these regulations. Contractor shall notify its employees, its subcontractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside the Company's Baytown Chemical Plant until such notification has been given them. Said "Contractors' Responsibilities" are designed as minimum requirements for Contractor, and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such regulations by Contractor nor the Company'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 hereunder. 5. Although Contractor shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, the Company reserves the right to have an inspector on the job. Any material which the Company considers unsatisfactory shall be removed and replaced at Contractor's expense. Neither inspection, waiving of inspection, nor acceptance by the Company shall relieve Contractor of its obligation to furnish all materials and workmanship in accordance with specifications. 6. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of the Company's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, the Company being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and the Company agree as follows; A. Contractor agrees to indemnify and hold the Company harmless from all claims, actions, demands, loss and causes of action arising; (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negligence or willful acts of the Company or its employees. (2) From (a) injuries to or deaths of persons, including employees and representatives of the Company, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of the Company and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Contractor shall not be responsible for damage to the Company's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which results in whole or in part from willful acts or the negligence of Contractor, its employees, agents or subcontractors, in connection with the handling and use of utilities furnished by the Company, except that Contractor shall not be responsible or liable for such damage to the Company's property resulting from fire or explosion. B. In addition Contractor agrees to carry insurance as follows: (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. 9-1-78 2 EXX 004860 542-7000-2 (2) Comprehensive General Liability Insurance (including Contractors' Protective Liability when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than $ 300,000 for one person injured or killed and, subject to such limit, $ 300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $ 100,000 accident, and $ 100,000 aggregate. for each (3) Automobile Liability insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $50,000 for each accident. C. Prior to commencing work hereunder, Contractor shall produce evidence in a form satisfactory to the Company that all insurance required under this Contract is in force and carried with companies acceptable to the Company and that such insurance will not be materially altered or cancelled while the work covered hereby is in progress without a reasonable prior written notice to the Company. Upon request of the Company, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, the Company shall have the right to procure same and deduct the cost thereof from the consideration to be paid Contractor hereunder. 7. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of the Company by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save the Company harmless from and against all such claims and liens. 8. Contractor agrees that if, in the opinion of the Company, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or materials for the prompt performance of the work herein contracted for, or should breach this Contract in whole or in part or fail to use due diligence in the performance thereof, or should not be performing this Contract in the manner herein provided, the Company may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event the Company should exercise such right, it shall have the right to use all or any part of Contractor's tools or equipment then in use on the job but shall pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by the Company and shall return same to Contractor upon the completion of the job in as good condition as when taken over by the Company, ordinary wear and tear excepted. Should the Company take over the completion of said job, or obtain another contractor to do so the Company shall pay Contractor for the work then completed, subject to the later provision hereof, unless the compensation for the completed work cannot be readily determined, in which latter event the Company shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. 9. Contractor agrees that upon the completion by it and acceptance by the Company of the work herein contracted for it will furnish the Company with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and 3 EXX 004861 542-7000A-3 thereupon the amount due as herein provided shall be paid by the Company to Contractor within 30 calendar days after receipt of final invoice, subject, however, to the right in the Company to withhold payments in accordance with the provisions of Article 5469, Texas Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of the Company thart all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, the Company in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety percent (90%) of the value of the work then completed, based upon estimates by the Company's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. Payment pursuant to the terms of this paragraph shall not preclude the right of the Company from thereafter disputing any of the items involved. Contractor agrees that in the event any lien or liens are fixed or attempted to be fixed, secured or claimed against the Company or the Company's property by any person or firm, lumber dealer or corporation, artisan, laborer, mechanic or subcontractor who furnished services or materials in connection with the performance of this Contract, Contractor will, within ten (10) days following notification by the Company that such lien or liens have been fixed or attempted to be fixed, secured or claimed, furnish the Company a bond in an amount equal to twice the value of the lien or liens. Such bond shall be executed by a corporate surety authorized to do business under the laws of the State of Texas and shall comply in all respects with the requirements of Article 5472c, Vernon's Annotated Texas Statutes. Contractor further agrees to file such bond with the County Clerk of Harris County, Texas, and to take all steps necessary to assure that prompt notice of such filing is given to the obligees named therein Contractor further agrees t^-t the giving of such bond shall be in addition to any other rights of the Company or obligations of Contractor under this Contract and shall in no way be construed as abrogating or qualifying such rights and obligations. 10. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. The making, execution and delivery of this Contract by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This Contract embodies the entire understanding of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 11. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of constituted authority. 12. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and the Company may be required or deems it necessary to pay such taxes or charges. Contractor agrees to furnish the Company with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse the Company on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which the Company may be required or deems it necessary to pay. In addition, the Company, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. 13. In connection with the work provided for hereunder. Contractor (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to the Company, any such material or equipment which may become defective within one (1) year from the Company's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to the Company to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of the Company's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 4 EXX 004862 54i.700C4 14. In the event the Company loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees: A. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; B. That such tools or equipment will be loaned or furnished and accepted by Contractor without warranty or representation by the Company as to their condition; C. To return such tools or equipment to the Company at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and D. To indemnify and hold the Company harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 14, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which the Company may loan or furnish. In addition, all 'of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by the Company. 15. The Company may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this Contract; and the Company may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this Contract. In the event the Company desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 3 above. Contractor shall submit to the Company an estimate of such increase or decrease. Should the Company desire to proceed in accordance with such estimate, the Company shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction therefor. If Contractor has not obtained a Contract Change Order, signed by the Company's appointed representative, no claim for additional compensation will be allowed. The provisions of this Contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. 16. Contractor shall procure the Company's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this Contract, and, as between the parties hereto, Contractor shall be and remain liable as if no such subcontract had been made. No subcontract shall bind or purport to bind the Company but shall contain a provision permitting assignment thereof by Contractor to the Company. 17. Contractor agrees to hold in confidence any and all technical information disclosed to Contractor by the Company, including technical information included in or on tracings, drawings, field notes, calculations, specifications, and engineering data, except: A. Technical information which at the time of disclosure by the Company to Contractor is in the public domain; B. Technical information which, after disclosure by the Company to Contractor, becomes part of the public domain by publication or otherwise; and C. Technical information which Contractor can show was in Contractor's possession at the time of the Company's disclosure to Contractor and was not acquired, directly or indirectly, from the Company. 5 EXX 542-7000-5 S Contractor agrees that Contractor will not, without the written permission of the Company, use the technical information which Contractor is required to keep confidential under this agreement for any purpose other than the accomplishment of work under this agreement. 18. If Contractor or Contractor's personnel make any inventions based upon technical information which Contractor is required to keep confidential under this agreement, Contractor shall promptly disclose said inventions to the Company. Contractor agrees to grant and hereby grants to the Company an irrevocable, nonexclusive, royalty-free license and the irrevocable right to grant nonexclusive licenses, without accounting therefor to Contractor, to use said inventions under Contractor's Patent Rights. The licensing right herein granted by Contractor to the Company is assignable by the Company to any of its Affiliates. For the purpose of this Contract only, the term "Contractor's Patent Rights" shall mean patents and patent applications based on inventions made by Contractor or Contractor's personnel which inventions are based upon information which Contractor is required to keep confidential under this Contract and which are conceived during the life of this Contract and two (2) years thereafter. The term "Affiliate," as used in this paragraph, shall mean and include any company of which Exxon Corporation now or hereafter owns or controls, directly or indirectly, fifty percent (50%) or more of the stock having the right to vote for directors thereof. For the purpose of this definition, the stock owned or controlled by Exxon Corporation shall be deemed to include all stock owned or controlled, directly or indirectly, by any other company of which Exxon Corporation owns or controls, directly or indirectly, fifty percent (50%) or more of the stock having the right to vote for directors thereof. 19. It is expressly understood by Contractor that the Company accepts no obligation of confidence with respect to any information disclosed to the Company by Contractor under this Contract unless specifically covered by a separate, written confidentiality agreement. In the absence of such separate confidentiality agreement, Contractor agrees that it will not place any restrictive notices on the tracings, drawings, field notes, specifications, and any other documents embodying engineering or professional data developed by Contractor for the Company pursuant to this Contract, and that the Company shall be free to use or disclose any or all of the information contained therein to third parties without accounting to Contractor therefor. 20. It is understood and agreed that the Company may, upon written notice to Contractor, terminate the work provided for hereunder. In the event of such termination. Contractor shall be reimbursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for work unperformed. 21. Contractor's obligations under paragraphs 17 and 18 of this Contract shall survive any termination of this Contract. 22. It is agreed as a condition of the Contract as follows: A. That in the performance of this Contract, Contractor shall not engage in any conduct or practice which violates any applicable law, order or regulation prohibiting discrimination against any person by reason of race, color, religion, national origin, sex or age. B. This order is X is notsubject to Executive Order 11246, as amended. The Equal Opportunity Supplement is made a part hereof and either is attached hereto for your signature and return or has been previously filed with Exxon. This contract also includes and is subject to Executive Order 11738 requiring certification of compliance with the affirmative action clauses concerning disabled veterans and veterans of the Vietnam era (41 CFR 60-250) and employment of the handicapped (41 CFR 60-741), and the appropriate clauses are either attached hereto or incorporated herein by reference. 6 EXX 0Q486A 542.1000-6B C. Contractor agrees that all financial settlements, reports and billings rendered by Contractor to the Company shall, in reasonable detail, accurately and fairly reflect the facts about all activities and transactions handled for the account of the Company. D. All actions by Contractor in the name of or otherwise on behalf of the Company will comply with all applicable laws and lawful regulations. E. All payments by the Company to Contractor will be received by Contractor for its own account and Contractor will not, nor is Contractor authorized to, offer, give or promise any part of such payments, directly or indirectly, to any government official, political party or official thereof, or to any candidate for political office. F. Contractor will notify the Company promptly upon discovery of any instance where Contractor fails to comply with any one or all of provisions C, D, and E hereof. IN WITNESS WHEREOF, the parties hereto have executed this Contract in duplicate originals as of the day and year first above written. BROWN & ROOT, INC. ~6. M. BAKKEN, VICE PRESIDOT Exxon Chemical Company U.S.A. an operating division of Exxon Chemical Company, a division of Exxon Corporation JWG:mea (R. C. Swanson) 7 EXX 004865 OFFICE MEMO BROWN & ROOT, INC TO: THOSE CONCERNED FROM: GENE KERNAN SEPTEMBER 14, 1979 SUBJECT: NEW JOB ASSIGNMENTS--INDUSTRIAL-CIVIL DEPARTMENT THE FOLLOWING JOB NUMBERS HAVE BEEN ASSIGNED TO THE INDUSTRIAL-CIVIL DEPARTMENT TO COVER THE FOLLOWING NEW CONTRACTS: JOB NO. JOB DESCRIPTION 27-4206 JET RESEARCH, INC. - INSTALL MAGAZINE STORAGE AND RELATED FACILITIES AT MANSFIELD, TEXAS 27-4207 ETHYL CORPORATION - PERFORM MISCELLANEOUS CONSTRUCTION IN HOUSTON, TEXAS 27-4208 EXXON COMPANY, U.S.A. - PERFORM MISCELLANEOUS CONSTRUCTION WORK IN BAYTOWN, TEXAS 27-5793 EXXON COMPANY, U.S.A. - INSTALL EXCHANGERS IN BAYTOWN, TEXAS /27-5794 EXXON CHEMICAL CO., U.S.A. - CONSTRUCT A B.O.P. HYDROGEN BOOSTER COM PRESSOR AT THE CYCLOHEXANE UNIT IN BAYTOWN, TEXAS 27-5795 ARCO CHEMICAL CO. - CONSTRUCT A 200 LB. STEAM EXPORT PROJECT AT OLEFINS PLANT IN CHANNELVIEW, TEXAS 27-5797 EXXON COMPANY, U.S.A. - REPLACE PUMP DRIVERS AT COOLING TOWER IN BAYTOWN, TEXAS EXX 094866 BROWN & ROOT. INC. NEW JOB ASSIGNMENT 5 W * u * >S 3OH -o C 33 m2> H3 O O IZ mH 35 Z C o cco 5 O X X oO > 35 > 2 Oc 05 o c_ r* o C>COO X X o > d (O o3 Om oo mw to > nD 0 S o X m 2 > to C 35 xZ m o CD to C i x z -^j to mH 35 < N) K> Pn J ro o -J Kto> NJ to N_>* Q 0RIGINAL anna x m < U C/5 - Oz 825 to O Oto H X m O n o to < m x r c x x z to o m 35 o X z c 2 CD \> X H > oC5 -O o c z d z o --i O > CD 2 (O fN Oo r* r>> 8 X r m mO < S3 id e> o 33 m Oo m Z m O s oz si H "YJ X -- Q> VO to C cZ s CD m 35 X X m x to *sj to CO 05 to X X o c_ O CD m o zo D > o oz o > 35 -< -< 2 <_ o < CD \) 8 o u s < M 5z 2 K3 oXx H X m x X oc. m a o 2 m O x oX x X o m O m m l-- O Z m X 2 S g 3 ZO H < m Z 8 o Q z5 0* X o xo m -i >C Hm -O "0 EXX 00^867 RL^dEST FOR ASSIGNMENT OF JOB NUL..eR BROWN & ROOT, INC. AND ASSOCIATED COMPANIES " .JM: SUBJECT: ACCOUNTING DEPARTMENT JOB NUMBER ASSIGNMENT - _.Browp & Root> Incj (COMPANY) JOB INDUSTRY TYPE: Industrial Piping 8/9/79___________ (DATE) _ Industrial-Civil (DEPARTMENT) SUB-DIVISION: Btn. Field Office PLEASE ASSIGN A JOB NUMBER TO BE USED FOR RECORDING OF INCOME AND COSTS RELATING TO THE CON TRACT DETAILED BELOW: OWNER:Exxon Chemical Co., U. S. A. PRIME CONTRACTOR:Brown & Root, Inc. CONTRACT DATE:August 9. 1979____________________________________________________ DESCRIPTION OF WORK AND LOCATION: Construction of B. 0. P. Hydrogen Booster Compressor at the CHU, Revision B. ' "V GpU&tifMltes Ik) : r-; ) TYPE OF CONTRACT: UNIT PRICE! ), LUMP SUM ( xx ), FORCE ACCOUNT ( ), COST PLUS FEE! ), JOINT VENTURE ( ), OTHER ( ), ____________________________ ________________________________________________ (EXPLAIN) IMATED COMPLETION DATE: October 15, 19790R CONTINUOUS ( CONTRACT AMOUNT: S 311,493.00 ACTUAL! xx ), ESTIMATED! I. TERMS OF PAYMENT: PROGRESS Bl LLINGS - MONTHLY ( xx ), WEEKLY! ), BIWEEKLY! ). ). SEMIMONTHLY! ), REVOLVING FUND { ), OTHER! )',:_________l_ar_w_a_i _._iu_i_____ PERCENT RETAINED: L%OF progress billing amounts OTHER ( ),: _____________________________________________ {EXPLAIN) TO BE COMPLETED ONLY FOR JOINT VENTURES: PARTNERS AND PARTICIPATION: SPONSOR: ATTACH FINANCING CURVE OR CASH FORECAST: jud NUMBER ASSIGNED: 27-5794 Contract copy CC: ORIGINAL__ACCOUNTING DUPLICATE -- RETAINED TRIPLICATE -- TREASURY/CREOIT QUADRUPLICATE - PURCHASING attached % %% % 'S (SIGNATURE OP EMPLOYEE REQUESTING JOB NUMBER) Labbe/Baugh Form A-S6 (1/76) EXX 004868 'S`- r' .V<^ r.v'---" i h . . ' -* t - ^ ;w \'4 7*"^^*/ A J %'" * j <0 k^ ': ' '<: / ' v* -. *i . -'4, <*er?r:.......... X*FfFu!^^A u vf>'r* { ..<..,.,. J...*.... $f*jh W>* * S'* ,riC^7^P^i7: J ;i'"-- ir-\ u lt ^ f^sa v- <..;.,: ;;- ' A,'; S- s-lvV;.^j^[^ .. ; *" V v 1" ! ' ---V V <S _, . l. - : j < f' , i W*1 ' 'SSSS ' Sf .. ^ v $ * r -** s v|^ Ivi*r.- - v <* 1> "v ' ^ ' 1 * %-,. ->*, ,v, - . J,>v ' 1. ,V' 7 S "' `` V-sV*, ' ' _ * " ' - *Z- V, A `S , ^ J, * 'Si j, ^r^,7; r *> ^ s f if - v XX 004869 Brown Root, Inc. Post Office Box Three, Houston, Texas 77001 October 10, 1979 Solar Insulators, Inc. 8395 Kempwood Houston, TX 77055 Attn: Mr. Phil Pickens/Vice President Subject: Subcontract No. 27-5797-5000 Solar Job No. P-578 Insulation Exxon Co. U.S.A. Baytown, Texas Dear Mr. Pickens: We enclose herewith one fully executed copy of our Subcontract No. 27-5797-5000 dated September 18, 1979 for your permanent file. Sincerely yours, BROWN & ROOT, INC. V," -JT K.... ,,:VwY Kathy J. McCoy Subcontractor Administrator Subcontracts Department Procurement Division Enclosure bcc: E. E. Kernan (original copy) J. W. Cole Accounts Payable ICD (1 copy) Bobby Holt RF/RMB RF/KJM RF/CIRC File: S/C No. 27-5797-5000 Alphabetical File EXX 004870 Form P-1S0 Brown Root.lnc. KJWe Job Number 27'5797 SUBCONTRACT -------------------- EXXON COMPANY U.S.A. Subcontract No. 27-5797-5000 16/24 COOLING TOWERS __________ BAYTOWN, TEXAS___________________ (Project! PIPE INSULATION SERVICES (Sublet Work) September 18, 1979 (Effective Oatel THIS SUBCONTRACT, by and between BROWN & ROOT, INC., a Texas Corporation, P. 0. BOX 3, HOUSTON, TEXAS 77001, "GENERAL CONTRACTOR" and, SOLAR INSULATORS, INC. (Corporation. Proprietorship. Partnership) aCorporationunder |aws ofTexas (State) oseaddress i$8395 Kempwood Drive, Houston, Texas 77055 "SUBCONTRACTOR," whose contractor's license number under laws of__________ Not Applicable is_ 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 end 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 m the Contract Documents. 3. The Contract Documents constituting this Subcontract consist of: a. "Subcontract Terms" and exhibits thereto. b. "Special Conditions" and txhibits thereto. c. "General Conditions" Form P-50 (1-79) d. Project Account Coda Vendor Code No. V/F?5 3? j-- Page 1 a< 2 Net Price: $ 2k+ Terms: /07' r* EXX 004871 Form P-140-01 (1-79) Subcontract No. 27--5797--5000 The foregoing constitutes the entire contract, and supersede all prior proposals, negotiations, agreements, awards, letter of intent and wntten 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 n drawings, specifications and other Contract Documents m their condition on that date. Changes after the effective date will be dealt with m accordance with the provision for changes. Ar work commenced and any payment made pursuant to an Award or Letter of Intent prior to the execution hereof shall be deemed to have oeen done and paid after the Effective Oate under the terms of this Subcontract. GENERAL CONTRACTOR: BROWN & ROOT. INC. By .bjArt/K J. Thzthuu___ D.E. Newton, Jr. w Vice President - Procurement LIshAvJ Id. )979____________ Date SUBCONTRACTOR: SOLAR INSULATORS, INC. ^By e Title Vice President/General Manager Date _ October 5, 1979 Page 2 o< ? EXX 004872 PAGE 1 OF ____ 3 SUBCONTRACT TERMS EXXON COMPANY U.S.A. SUBCONTRACT NO. 27-5797-5000 1.0 SUBLET WORK 1.1 Sublet Work, in general, is to furnish and install pipe insula tion at the 16/2A Cooling Towers for the Exxon Company Facilities located in Baytown, Texas. 1.2 More specifically, the Sublet Work consists of furnishing all labor, materials, equipment, tools, taxes, insurance, supervision and all other items necessary to insulate piping materials at the location described above, all of which work shall be performed in strict accordance with the drawings further described hereunder in Subcontract Term No. 2 and all other provisions of the Subcon tract Documents. 1.3 Subcontractor shall perform all work described herein in accordance with the directives of the General Contractor's Pro ject Manager or his duly authorized representative. 2.0 DRAWINGS Sublet Work shall be in accordance with, and all materials furnished by the Subcontractor shall conform to and comply with Exxon Drawing Nos. 34-190-440 and 34-192-103. 3.0 TIME OF PERFORMANCE 3.1 Subcontractor shall commence the Sublet Work on or about October 8, 1979 and shall perform all work in a diligent manner until all aspects of the Sublet Work are complete. 3.2 Subcontractor shall maintain contact with the General Con tractor's Project Manager, or his duly authorized represenative, for the purpose of scheduling and coordinating the Sublet Work. 4.0 SUBCONTRACT PRICE General Contractor agrees to pay Subcontractor for complete, satis factory, and timely performance of the Sublet Work strictly in ac cordance with the drawings, specifications, and requirements of all of the Subcontract Documents the following Firm Lump Sum Price, inclusive of all sales and use taxes: EXX 004873 SUBCONTRACT TERMS -2 - S/C No. 27-5797-5000 4.0 SUBCONTRACT PRICE - (Continued) TWENTY-SIX THOUSAND NINE HUNDRED EIGHTY-EIGHT AND 00/100 (Words) $26,988.00 (Figures) DOLLARS 5.0 PAYMENT AND PERFORMANCE BONDS There is no requirement at this time to furnish separate 100% Pay ment and Performance Bonds. However, General Contractor may at any time require separate Payment and Performance Bopds in adcordance with the provisions of General Condition No. 19. If Bonds are required, the premium of said bonds shall be reimbursable to the Subcontractor. 6.0 PAYMENT 6.1 The following paragraph supplements Paragraph Number 32 of the General Conditions: Subcontractor shall be paid in monthly progress payments the value of the Sublet Work satisfactorily performed during the preceding month based upon the firm lump sum price detailed and described in Subcontract Term No. 5 less 10% of such value as retainage until final completion and acceptance of the Sublet Work by General Con tractor. Subcontractor shall prepare and submit an invoice for the proposed monthly progress payments and shall submit supporting documents and proof of payment of all bills for labor and materials, as may be requested by General Contractor. Subcontractor's invoice for proposed monthly progress payments with requested supporting documents and proof of payment of all bills will be submitted 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 the affidavit as called for below. 6.2 Affidavits Two copies of the General Contractor's "Affidavit for Subcontractor" (Form P-7) are attached for use in implementing the provisions of General Condition No. 32. Subcontractor shall execute and return one copy with his final or retainage invoice to the address shown in Subcontract Term No. 8. 6.3 Invoices Subcontractor shall render all invoices to the following address: Brown & Root, Inc. P. 0. Box 4060 Baytown, Texas 77520 Attn: Joe Labbe EXX 004874 SUBCONTRACT TERMS -3- S/C No. 27-5797-5000 7.0 INSURANCE Subcontractor shall forward his Certificate of Insurance stating the names of its Insurance Carriers and certifying that its insurance coverages meet the requirements set forth in General Condition No. 21 herein to the following address, in addition to the address shown in Subcontract Term No. 8. Brown & Root, Inc. P. 0. Box 3 Houston, Texas 77001 Attn: K. J. McCoy (01-116) 8.0 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 agree ment 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. Sub contractor will further subcontract only to lower-tier subcontractors having similar provisions in their collective bargaining agreements, if any. 9.0 ASSIGNMENT OF SUBCONTRACT TO OWNER The following provisions hereby supplement General Condition Number 17: Subcontractor agrees that General Contractor may assign this Sub contract to Owner at any time without affecting the Subcontractor's duties, rights and obligations hereunder. Prior to assignment no contractual relationship exists between Subcontractor and Owner. 10.0 SAFETY AND SECURITY Subcontractor shall perform the Sublet Work in strict accordance with the provisions set forth in the attached document entitled "Contractor's Responsibilities for Safety, Plant Security, and Traffic Regulation", dated September 1, 1978, which is hereby incorporated as part of this Subcontract by reference. 11.0 WAGE AND PRICE GUIDELINES In accepting this Subcontract, the Subcontractor warrants that the Guidelines established by the President's Council on Wage and Price Stability have been adopted voluntarily, and that prices shown are in compliance therewith. EXX 004875 GENERAL CONDITIONS Form P-50 1-79 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 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. 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 for 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 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 determinethe 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 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 (( Form P-50 1-79 shall comply with all safety standards, rules and regula 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 Project 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 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 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 its manner of performance, without prior written instructions from Genera] 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 004877 Form P-50 1-79 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 discriminace 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. ]. 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. If Subcontractor has pre-hiring collective bargaining agreements. Subcontractor represents that they contain or have been modified to contain provisions prohibiting 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 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 ail 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.. 1-reunder.Subcontractor shall not subcontract any portion of the~SHblet 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. 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 hereby indemnifies and holds harmless General Contractor and Owner from any loss, cost, damage GC-3 EXX 004878 Form P-50 1-79 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 $ 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 indemnity 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. Subcontractor shall forward its insurance certificate stating the names and addresses of its insurance carriers and certifying that its insurance coverages meet the requirements of General Condition 21. 22. 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, 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. 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, 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 Contactor (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. 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. GC-4 EXX 004879 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 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, (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 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 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 Form P-50 1-79 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. 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. 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 004880 * '' \C"" / . 5 NpTTE:\ThS^ffidwK;'B to beex ,(S_7_v_, ,.t.n.7,final.,.or ra-tatwt-oJgaSr-.^;;Ty,nfe_8_5_ t'.VV-, BrOWN S: f*OOT, I NCif""* P.O.Box3 Houston, Texas 77001 - - 4 sd ^-v A*? * *, 11 i r.tsv*;#f,< s; > < BB * s^- . *fVcT" * > " ' I. '*--'< J V-. "AFFIDAVIT FOR SUBCOftTraACrORrC^ft^^^i^^^K^.; r^ t.. RE: SUBCONTRACT #^ '^r$\?::MwwV>y- . sa.\*<*:,*';/r-> v -; *vt-C. .` xv; v,V,v"ft*'>kv. t*iri~'y i Name of Subcontractor: '! MX $h-' ^ ** * - : y Date oft Subcontract:. >* > -: ; Name of Owner, under General Contract: * fi ,\ u At * ' lf^4 *4 ** \ > * ,, f , ->>. r fc____ * ~ ( ~~ i , tv ' - i >'--: ? f."?( >.V-J .et- 'm, ``Vi.v tv y. TVs.- AV.'M7' -,t * 1/ ,, 1 i'! '. ,' r\' I 'A'/tyi:.t\C ~ ' '' Vif v-J WHEREAS,.The above-named ; Subcontractor, heretofore^ entered:^ Into. the above-referenc^l fSubcon^ct?witfi-BROWN 8tf RppTifiNC^'`Tat'GOTeratll^rrtnfiacti^rfp^'piBf!NMrriMS^ ,6yi-HSubooi>*-.4 ' hector^* W/U, ^ ' '' !` ^1 1JP4CX: tractor untilfall: bills fbr laboF^i^UMla^a^pt^dwrgas'.ariiing%in-:the' performance of the Sublet4 7 Wdrlhwe'beert'''fiiiiy''paid by'.thelajKve'Subbpnb-actor'y -.'I Y-riji ' lyOWTHEREFORE, FoCthe|pufposiXftinducing BRQWNt&lROOTiyNC^^ monira untq^e above SubconbractoiV' e, say, affirm and repn o^t<^BpOWN(8i ROOT, INC.' that all bills for labor. material, re-wblet work, equipment rental^ itexw; insuranMtar>d all other diarges arising in the' performance of the Sublet Work have been 4 fully paid by or for the above Subcontractor, except as follows:. 4 <K ,,, i w ''i, , -V 'i,1 .* ** r -1 '.i!viWr'T'v rk i,. ,v r 4 . ff Titte: " r ^ '" .>|9--(* ^ ? JA .J"-,* '\t-*,. ',. ''*v * .y.-- 1 %rSf%V' * * V? vv.^v* - * ?v,* 4 it' 3V4.4 j. /*' .it f.4 ,j,'' JV * ' 4 *r * f >' r ^.tV vi-. SUBSCRIBED AND SWORN TO before me this the of. -.19- ' ~',f' . 5-/,3`':r > '' ' V-i<af\v>v 4 r 1 .V*' ^ f^ ! Nnt: , -,t -. For SubcontractoTjta . 4: ^-.a ..^1 C'U'V.Y^' V!teV5. - .day ' hand and seal of office. , T -' - 4 C A'V n N V' - -V . t'A .-ny't'-'ft. 14 ^ i'ji"''- - , Vi 'rS' .>-. ,.,na'T4j' 'li - 4"- - 'A ;> v * .* ^ 1 1 ^v NOTARY PUBLIC. 'f \ * A* ^ i> - -'S* ,% - <' ,.i^. *. *.?.< ..(/.. tt Vrft.. .? . V\ <' ir),-4* V tJ`v County of __ -` f________ State of. 4, 1 EXX 004881 _ rV- ...- . _--*.Vs .T t-v r ' -x' ? , , ,,,. -, ^JW^-iisK 'NOTE:"thisAffidavit is to be ey ' tfirandrettimed wMi final or retajna^nvoiaB. 4.jf4 :^^__ ' ' ' - 1 ' 1 .r - ' >****->& *> - - " ' ___ - "* - -'' H *'-' ' * - "*^9sBl BROWN. & RObT^ lNG^^/^&aiS^g: P.O.Box3-' Houston,Texas77001 * vV? : r .; "AFFIDAVIT FOR SUBCONTRACTOR* 'tj RE: SUBCONTRACT '\y. Wh - - '.I * < y -s ,, .- y,f - ' ` /l :.. Name.of Subcontractor:__ ___ 1;__ 1l_ \J.- " -' -Vs- V-r5 I - s' ^v.?,h?T/ S?-;Ss^ ! 1.;'^ Date'5of:^)Cpn^ct:'^_____ :____ '2lL Name of Owner under General Contract: WHEREAS,' The above-named Subcontractor, heretofore,: entered into the; above-referenced Subcorit ...... ..... * ^WHERE^fUnaer said Sutxx>nfract^certain1'monies arefnpt: due andpayable unto Subcon-;;*, v tractqf. Until. all bills for labor, material and other charges arising in the performance of the Sublet , Work have bran. fully paid by the'above Subcontractor; 1 j * NOWTHEREFORE, For ttVpurpbse of, inducing^^^BROWN^SfROOT;JNC., to pay over such; monies'iintp;tthe above Subcontractor, the undersigned affiant does depose, say, affirm and repre^; sent tb;.BR0WN & ROOT, INC.; that all bills for labor, material, re-sublet work, equipment rental,' taxes, insurance and all other charges arising in the performance of the Sublef.Work have, been , fully paid by or for the above Subcontractor, except as follows: ... .. `r-r *' t * t 1 \ \* * * * ` ` v i ^v J *. f1- > , y-s74vi-'*' ' s ** v.. ..It* '* tl'\ T ' . /'>}. *A . * 'S Li-f, * *ri '/1 f r Tide:: Nime: '| ; ' . 'V r*. V5 /*'* ] For Subcontractor ^: SLIBSCRIBED AN D SWORN TO befereme this the sy- -day of_ i Wcertify ^Wwithess my hand and seal ooffoofffficice.^ ;Vl^y7 J rr * i *. - vir. r- 'V' -- -<AV s-.-*1!"';* tr*' * 1 w* ' r*` ^ NOTARY. PUBLIC A County of: State of__ EXX TOASB2 C&JU'S.tf'Ftff Brown cTRoot, Inc Post Office Box Three, Houston, Texas 77001 December 3, 1979 A Contract No. U-00-1I45-A Exxon Company, U. S. A. P. 0. Box 4019 Baytown, TX 77520 ATTENTION: MS. BETTY T. WRIGHT Gentlemen: We will perform the additional work described by Design Change #6 for a lump sum price of $1,202.00. This additional work will necessitate 4 days extension to the original contract schedule, provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT,INC. BMH/lja Breakdown: Labor + 44% Material + 10% Equipment + 40% F.O.G. Total B. M, Holt $194.00 984.00 24.00 $1,202.00 CONTRACT CHANCE r '"ZR NO. & fVNMTRA<7r NO. U'66-ays'A DATE: 31-7i ADDITION/(D0rr /. ZOrU.. EXXON COMPA.-P A DIVISION Of EXXON CORPORATION APPROVED: _______ ________ DATE: _ EXCERPTS . PROJ. ENG: 'iZZiG*' ' EXX 004883 C^JTract^/f Brown c7Root,lnc. Post Office Box Three, Houston, Texas 77001 November 19, 1979 Contract No. U-00-1145-A Exxon Company, U. S. A. P. 0. Box 4019 Baytown, IX 77520 ATTENTION: MS. BETTY T. WRIGHT Gentlemen: We will perform the additional work described by Design Change 5 for a lump sum price of $1,682.00. This additional work will necessitate _7 days extension to the original contract schedule, provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. BMH/lja Breakdown: Labor + 44% Materials + 10% Equipment + 40% F.O.G. Total B. M. Holt $881.00 671.00 130.00 $1,682.00 CONTRACT CHANGE ORDER NO. - CONTRACT NO. V'M DATE: L-LL23 ADDm0N/OfcETI0N> $ . CJ'JL. o o EXXON COMPANY, U.S.A. A BMMN V BOON CORPORATION (lAd^U- APPROVED: OATEi EXCERPTS JL . PROJ. ENG: T'- >c c EXX 004884 Q&/Tr-c.f Frb? Brown Root,Inc. Post Office Box Three, Houston, Texas 77001 October 8, 1979 Contract No. U-00-1145-A Exxon Company, U. S. A. P. 0. Box 4019 Baytown, TX 77520 ATTENTION: MS. Betty T. Wright Gentlemen: We will perform the revised work described by Design Change #1_ at no change in price. This revised work will necessitate days extension to the original contract schedule, provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. JR/lja Jerald Robins CONTRACT CHANGE ORDER NO. I CONTRACT NO. (Jr&> mUfF'A DATE: p3/.\2c/ ADDlTION/tDELETION; $ _____ =r.g EXXON COMPANY, U.l.A. A DIVISION or DOOM COAPOMHON APPROVED: DATE: EXCERPTS jCa | PROJ. ENG: X.''F. ^ exx AGREEMENT Charge: RE-51404-C Contract Number: U-00-1145-A THIS CONTRACT (hereinafter referred to as CONTRACT) is entered into this jfday of 7 1979, by and between Exxon Company, D.S.A.,' (a division of Exxon Corporation), hereinafter referred to as "EXXON," and BROWN & ROOT, INC. hereinafter referred to as "CONTRACTOR," having an office located at P. 0. Box 4060, Baytown, Texas 77520. The CONTRACT shall consist of this Agreement, the Exhibits and Specifications named herein, any Change Orders authorized pursuant to ARTICLE 11 - CHANGES and any cost plus or time and material change work billable in accordance with the ARTICLE 2 - CONTRACT PRICE AND PAYMENT. WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein ECXON and CONTRACTOR agree as follows: 1. SCOPE OF WORK A. CONTRACTOR agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by CONTRACTOR at its own cost and expense except as hereinafter provided, certain Work (hereinafter referred to as "WORK") briefly described as follows: Designation ________________________ Title ______________________________ Date Specifications Specifications forReplacingPumpDrivers at Cooling Tower 16/24 July 25, 1979 Exhibit "A" Replace PumpDrivers J-44 and J-46, Cooling Tower 16/24 July 25, 1979 1. Only the repairing of existing fireproofing is Included in this Contract. 2. When requested by Exxon, Contractor will furnish welders spark-proof and pressurized boxes and invoice at the following net unit prices: Spark-Proof Boxes...............................................................................................Net Each $500 Pressurized Boxes...............................................................................................Net Each $600 2. CONTRACT PRICE AND PAYMENT A. For satisfactory performance of WORK by CONTRACTOR, EXXON, will, subject to the provisions of ARTICLE 7 - PERFORMANCE, COMPLETION, AND ACCEPTANCE, pay CONTRACTOR in accordance with the following terms: (1) A lump-sum price of ONE HUNDRED FIFTY-THREE THOUSAND SEVEN HUNDRED EIGHTY AND NO/100 C$153.780.00) DOLLARS. ------------------------------------------------------------------- EXX 004886 Contract U-00-1145-A Contractor agrees to begin work immediately upon award of Contract and will make every effort to complete the work in 35 working days. EXX 004867 (2) The price shall be adjusted only for changes. In the event of a change of scope from that covered by the above lump-sum amount, if authorized by EXXON, such change may at EXXON'S option require a price adjustment authorized by a lump-sum Contract Change Order as set forth in ARTICLE 11 - CHANGES or may be authorized by Contract Change Order or Field Change authorization on the basis of cost-plus or time-and-material provisions contained in CONTRACTOR'S latest letter on file with EXXON, entitled "Rates for Time and Material Changes." CONTRACTOR agrees that small tools and equipment (under $250 value) and consumable supplies are included in CONTRACTOR'S labor rates. CONTRACTOR owned equipment, furnished by CONTRACTOR on a time-and-material basis, shall be operated by and under the control and supervision of CONTRACTOR in performing SERVICES. Any materials CONTRACTOR purchases on a reimbursable cost-plus basis, which materials become an integral part of the completed facility, shall be purchased tax free by CONTRACTOR and resold to EXXON. EXXON will accrue and pay all Texas use tax on such materials under its Direct Payment Exemption Certificate 3000165008. CONTRACTOR understands and agrees that EXXON'S responsibility for accruing State sales or use tax is limited to materials which become a permanent part of the facility. CONTRACTOR shall be responsible for State sales or use tax on all other materials and supplies consumed (e.g., consumable supplies and small tools, etc.), and including tax on any materials purchased by CONTRACTOR as required in performing any lump-sum units of work (e.g., fixed price, fixed rates, and unit prices which include both labor and materials in the unit). B. Invoices are to be submitted in triplicate pursuant to applicable invoicing standards listed in the specifications for lump-sum invoicing and/or reimbursable cost invoicing. Invoices shall be mailed to Exxon Company, U.S.A., Accounts Payable, P. 0. Box 4019, Baytown, Texas 77520, and shall become due and payable thirty (30) days after receipt by EXXON, but shall be subject to Paragraph 7B hereof at EXXON's discretion. Invoices shall clearly identify WORK description, CONTRACT number, and the Charge Number listed above. In the event WORK is performed on a cost-plus or time-and-material basis, Invoices shall be supported by (1) the original copy of daily time sheets for labor and equipment signed in permanent ink by CONTRACTOR and REPRESENTATIVE, (2) copies of vendors and subcontractors invoices for materials, rental tools, and equipment which are billable to EXXON'S account. Time sheet forms as described in the specifications will be furnished by EXXON for CONTRACTOR'S use. Invoices for CONTRACTOR owned equipment shall be classified "SERVICES" and not "RENTAL." C. For any portion of this CONTRACT which cost-plus, or time-and-material provisions are applicable, EXXON'S Representative shall have access, at all reasonable times, to all CONTRACTOR'S and Subcontractor's personnel, books, records, correspondence, Instructions, plans, drawings, receipts, vouchers, and memorandums of every description pertaining to WORK under CONTRACT for the purpose of auditing and verifying costs of WORK upon prior notice to CONTRACTOR. EXXON'S Representatives shall have the right to reproduce any of the aforesaid documents. In the event lump-sum elements are included under CONTRACT along with any cost-plus, or time-and-material items, then audit rights shall also extend to include EXXON'S access to those CONTRACTOR'S and Subcontractor's records pertaining to lump-sum elements that are needed to provide for assurance that the portions of the WORK performed on a cost-plus, or time-and-material basis are not being charged with costs which are by their nature Intended to be covered by lump sums. CONTRACTOR shall preserve and shall cause its Subcontractors to preserve all the appropriate above-mentioned documents for periods of three years after the completion and acceptance or termination of WORK. 2 EXX 004888 , '/ ">c /' ^ -T**' t<<v 3. SAFETY AND SECURITY A. CONTRACTOR shall comply with all of the terms and conditions contained in EXXON'S publication entitled "Contractors' Responsibilities for Safety, Plant Security, and Traffic Regulations," dated April 1, 1978, 6aid publication being made a part of this CONTRACT by reference. EXXON will furnish copies of this publication to the CONTRACTOR; The rules and regulations contained in the "Contractors' Responsibilities" shall apply to all Subcontractors and their employees as well as the CONTRACTOR and its employees. Before starting work under CONTRACT, CONTRACTOR shall obtain from EXXON copies of these regulations. CONTRACTOR shall notify its employees, its Subcontractors, and the employees of its Subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and CONTRACTOR shall not allow any of such persons to begin WORK inside EXXON'S Baytown Refinery until such notification has been given them. Said "Contractors' Responsibilities" are designed as minimum requirements for CONTRACTOR, and CONTRACTOR shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such regulations by CONTRACTOR nor EXXON'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 hereunder. 4. COMPLIANCE WITH SPECIFICATIONS Although CONTRACTOR shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, EXXON reserves the right to have an inspector on the job. Any material which EXXON considers unsatisfactory 6hall be removed and replaced at CONTRACTOR'S expense. Neither inspection, waiving of inspection, nor acceptance by EXXON shall relieve CONTRACTOR of its obligation to furnish all materials and workmanship in accordance with specifications. 5. INDEMNITY AND INSURANCE It is understood and agreed that all WORK performed by CONTRACTOR hereunder shall meet with the approval of EXXON'S engineers or inspectors but that the detailed manner, and method of doing same shall be under the control of CONTRACTOR, EXXON being interested only in the result obtained, and that CONTRACTOR is an independent CONTRACTOR as to all WORK performed hereunder. In regard to all WORK performed hereunder, CONTRACTOR and EXXON agree as follows; A. CONTRACTOR agrees to indemnify and hold EXXON harmless from all claims, actions, demands, loss, and causes of actions arising: (1) From injury, including death, to CONTRACTOR'S employees and to employees of CONTRACTOR'S Subcontractors when such injury, including death, results in whole or in part from the negligence or willful acts of CONTRACTOR, its employees, agents, or subcontractors and the negligence or willful acts of EXXON, its employees, agents, j or subcontractors, but not when such injury, including death, results solely from the negligence or willful acts of EXXON'S employees, agents, or subcontractors. 3 EXX 4flflg (2) From (a) injuries to or deaths of persons, including employees and representatives of EXXON, which result in whole or in part from the willful acts or negligence of CONTRACTOR, its employees, agents, or subcontractors, or (b) damage to property of EXXON and all other persons, which results in whole or In part from the negligence or willful acts of CONTRACTOR, its employees, agents, or subcontractors, except that CONTRACTOR shall not be responsible for damage to EXXON'S property not covered by insurance required in Paragraph B below. (3) From damage to property or injury to or deaths of persons which result in whole or in part from willful acts or the negligence of CONTRACTOR, its employees, agents, or subcontractors, in connection with the handling and use of utilities furnished by EXXON except that CONTRACTOR shall not be responsible or liable for such damage to EXXON'S property not covered by insurange required in Paragraph B below. B. In addition, CONTRACTOR agrees to carry insurance as follows: (1) Workers' Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. (2) Comprehensive General Liability Insurance covering (a) Bodily injury liability with a limit of not less than $ 300.000 for one person injured or killed and subject to such limit, $ 300.000for more than one person injured or killed in any one occurrence, and (b) Propery damage liability with limits of not less than $ 100.000 for each occurrence, and $ 100.000aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one occurrence, and (b) Property damage liability with limits of not less than $50,000 for each occurrence. (4) CONTRACTOR shall not be required to furnish insurance other than, or in excess of, the amounts above stated, but CONTRACTOR shall continue other or excess insurance which CONTRACT may normally carry and have in effect. C. Prior to commencing work hereunder, the CONTRACTOR shall produce evidence in a form satisfactory to EXXON that all insurance required under this CONTRACT is in force and carried with companies acceptable to EXXON and that such insurance will not be materially altered or canceled while the WORK covered hereby is in progress without a reasonable prior written notice to EXXON. Upon request of EXXON, CONTRACTOR shall furnish certified copies of all such insurance policies. Should CONTRACTOR at any time neglect, or refuse to provide, or should it cancel the insurance required herein, EXXON shall have the right to procure same and deduct the cost thereof from the consideration to be paid CONTRACTOR hereunder. 4 EXX 004890 .6 SATISFACTION OF CLAIMS CONTRACTOR agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the WORK performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of EXXON by CONTRACTOR'S laborers, mechanics, or materialmen, and agrees to indemnify, protect, and save EXXON harmless from and against all such claims an liens. 7. PERFORMANCE - COMPLETION AND ACCEPTANCE A. CONTRACTOR agrees that if, in the opinion of EXXON, CONTRACTOR should fall at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment, or materials for the prompt performance of the WORK herein contracted for, or should breach this CONTRACT in whole or in part or fail to use due diligence in the performance thereof, or should not be performing this CONTRACT in the manner herein provided, EXXON may, at its election, take over and perform or obtain another CONTRACTOR to take over and perform all or any part of the WORK then remaining unperformed. In the event EXXON should exercise such right, it shall have the right to use all or any part of CONTRACTOR'S tools or equipment then in use on the job but shall pay CONTRACTOR a reasonable rental for the use of such tools and equipment during the period of use by EXXON and shall return same to CONTRACTOR upon the completion of the job in as good condition as when taken over by EXXON, ordinary wear and tear expected. Should EXXON take over the completion of said job, or obtain another CONTRACTOR to do so, EXXON shall pay CONTRACTOR for the WORK then completed, subject to the later provisions hereof, unless the compensation for the completed WORK cannot be readily determined, in which latter event EXXON shall pay CONTRACTOR the full contract price less all costs and expenses incurred by it in the completion of the WORK. B. CONTRACTOR agrees that upon the completion by it and acceptance by EXXON of the work herein contracted for it will furnish EXXON with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by EXXON to CONTRACTOR within 30 calendar days after receipt of final invoice, subject, however, to the right in EXXON to withhold payments in accordance with the provisions of ARTICLE 5469, Texas Revised Civil Statutes of 1925, and all amendments thereto or other provision of law applicable. It is agreed that upon request of CONTRACTOR and upon showing to the satisfaction of EXXON that all claims for labor and materialand for damages to persons and property, as above provided, have been satisfied, EXXON, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety percent (90%) of the value of the WORK then completed, based upon estimates by EXXON'S engineers or inspectors in which event the balance will be paid upon completion and acceptance of the WORK and compliance with the terms and provisions hereof. Payment pursuant to the terms of this paragraph shall not preclude the right of EXXON from thereafter disputing any of the items involved. C. CONTRACTOR agrees that in the event any lien or liens are fixed or attempted to be fixed, secured, or claimed against EXXON or EXXON'S property by any person or firm, corporation, artisan, laborer, mechanic, or subcontractor who furnished services or materials in connection with the performance of this CONTRACT, CONTRACTOR will within ten (10) days following nofication by EXXON that such lien or liens have been fixed or attempted to be fixed, secured, or claimed, furnish EXXON a bond in an amount equal to twice the value of the lien or liens. 5 EXX 004891 Such bond shall be executed by a corporate surety authorized to do business under the lavs of the State of Texas and shall comply in all respects with the require ments of Article 5472c, Vernon's Annotated Texas Statutes. CONTRACTOR further agrees to file such bond with the County Clerk of Harris County, Texas, and to take all steps necessary to assure that prompt notice of such filing is given to the obligees named therein. CONTRACTOR further agrees that the giving of such bond shall be in addition to any other rights of EXXON or obligations of CONTRACTOR under this CONTRACT and shall in no way be construed as abrogating or qualifying such rights and obligations. 8. LAVS AND REGULATIONS A. In performing its obligations hereunder, CONTRACTOR shall comply with and secure compliance by its Subcontractors of all applicable federal, state; and municipal laws, and all applicable orders, rules, and regulations of constituted authority. B. If CONTRACTOR fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of CONTRACTOR, and EXXON may be required or deems it necessary to pay such taxes or charges, CONTRACTOR agrees to furnish EXXON with information required to enable it to make the necessary reports and to pay such taxes or charges. CONTRACTOR agrees to reimburse EXXON on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which CONTRACTOR fails or refuses to pay and which EXXON may be required or deems it necessary to pay. In addition, EXXON, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due CONTRACTOR hereunder. C. This CONTRACT is x is not subject to Certificate of Compliance-- Federal Contract Supplement, as amended, a copy of which is made a part hereof and either is attached hereto for your signature and return or which has been previously filed with EXXON. 9. GUARANTEES AND WARRANTIES CONTRACTOR (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to EXXON, any such material or equipment which may become defective within one (1) year from EXXON'S acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to EXXON to replace or repair any defects in the work covered by this CONTRACT resulting from its field workmanship if such defects are reported to CONTRACTOR within one year from date of EXXON'S acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of CONTRACTOR set out in (1) and (2) above. 10. TOOLS AND EQUIPMENT In the event EXXON loans or furnishes tools or equipment to CONTRACTOR in connection with its WORK covered hereunder, CONTRACTOR agrees: A. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the WORK by CONTRACTOR; 6 EXX 004892 B. That such tools or equipment will be loaned or furnished and accepted by CONTRACTOR without warranty or representation by EXXON as to their condition. C. To return such tools or equipment to EXXON at the conclusion of such use In as good condition as when received, ordinary wear and tear expected; and D. To idemnify and hold EXXON harmless from all claims, demands, causes of action, damages, and injuries resulting from CONTRACTOR'S use of 6aid tools or equipment. For the purpose of this Paragraph 10, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities, or services which EXXON may loan or furnish. 11. CHANGES EXXON may from time to time, by written instructions or drawings issued to CONTRACTOR, require additional WORK and services directly in connection with or incidental to the work covered by this CONTRACT; and EXXON may by such instructions or drawings, require CONTRACTOR to alter, change, accelerate, or omit any WORK covered by this CONTRACT. In the event EXXON desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total CONTRACT price referred to in Article 2 - Contract Price and Payment', CONTRACTOR shall submit to EXXON an estimate of such increase or decrease. Should EXXON desire to proceed in accordance with such estimate, EXXON shall issue to CONTRACTOR a Contract Change Order describing the WORK to be added or deleted and the corresponding price addition or deduction thereof, or alternate basis for payment if Change is to be performed on cost-plus or time-and-material basis. Field Changes may also be authorized by EXXON'S Field Representative in the event conditions develop during the progress of WORK which would significantly impact progress and costs if not expediently authorized. If Contractor has not obtained a Contract Change Order, or Field Change Authorization signed by EXXON'S appointed Representative, no claim for additional compensation will be allowed. The provisions of this CONTRACT except as may be otherwise provided shall apply to all such additions, changes, or alterations as if they were embodied in the original drawings and specifications. 12. SUBCONTRACTS AND ASSIGNMENT OF CONTRACT CONTRACTOR shall secure EXXON'S prior written approval as to any Subcontractor covering any portion of the WORK provided for hereunder. No such approval shall relieve CONTRACTOR from any of the obligations of this CONTRACT, and, as between the parties hereto, CONTRACTOR shall be and remain liable as if no such Subcontract had been made. No Subcontract shall bind or purport to bind EXXON but shall contain a provision permitting assignment thereof by CONTRACTOR to EXXON. CONTRACTOR shall not assign any of its rights or obligations hereunder, or any sum that may accrue to CONTRACTOR hereunder, without consent of EXXON. Such consent shall not be unreasonably withheld. 7 EXX 004893 13. . CONFIDENTIALITY INFORMATION AND PATENTS A. CONTRACTOR agrees to hold in confidence any and all technical information disclosed to CONTRACTOR by EXXON, including technical information included in or on tracings, drawings, field notes, calculations, specifications, and engineering data, except: (1) Technical information which at the time of disclosure by EXXON to CONTRACTOR is in the public domain; (2) Technical information which, after disclosure by EXXON to CONTRACTOR, becomes part of the public domain by publication or otherwise; and (3) Technical information which CONTRACTOR can show was in CONTRACTOR'S possession at the time of EXXON'S disclosure to CONTRACTOR and was not acquired, directly or indirectly, from EXXON. B. CONTRACTOR agrees that CONTRACTOR will not, without the written permission of EXXON, use the technical information which CONTRACTOR is required to keep confidential under this CONTRACT for any purpose other than the accomplishment of WORK under this CONTRACT. C. It is expressly understood by CONTRACTOR that EXXON accepts no obligation of confidence with respect to any information disclosed to EXXON by CONTRACTOR under this CONTRACT unless specifically covered by a separate, written confidentiality agreement. In the absence of such separate confidentiality agreement, CONTRACTOR agrees that it will not place any restrictive notices on the tracings, drawings, field notes, specifications, and any other documents embodying engineering or professional data developed by CONTRACTOR for EXXON pursuant to this CONTRACT and that EXXON is hereby authorized to nullify, obliterate, or otherwise remove any such restrictive clauses; and that EXXON shall be free to use or disclose any or all of the information contained therein to third parties without accounting to CONTRACTOR therefor. D. If CONTRACTOR or CONTRACTOR'S personnel make any inventions based upon technical information which CONTRACTOR is required to keep confidential under this CONTRACT, CONTRACTOR shall promptly disclose said Inventions to EXXON. CONTRACTOR agrees to grant and hereby grants to EXXON an irrevocable, nonexclusive, royalty-free license and the irrevocable right to grant nonexclusive licenses, without accounting therefor to CONTRACTOR, to use said inventions under CONTRACTOR'S Patent Rights. The licensing right herein granted by CONTRACTOR to EXXON is assignable by EXXON to any of its Affiliates. For the purpose of this CONTRACT only, the term "Contractor's Patent Rights" shall mean patents and patent applications based on inventions made by CONTRACTOR or CONTRACTOR'S personnel which inventions are based upon information which CONTRACTOR is required to keep confidential under this CONTRACT and which are conceived during the life of this CONTRACT and two (2) years thereafter. The term "Affiliate," as used in this paragraph, shall mean and include any company of which EXXON CORPORATION now or hereafter owns or controls, directly or indirectly, fifty percent (50%) or more of the stock having the right to vote for directors thereof. For the purpose of this definition, the stock owned or controlled by EXXON CORPORATION shall be deemed to include all stock owned or controlled, directly or indirectly, by any other company of which EXXON CORPORATION owns or controls, directly or indirectly, fifty percent (50%) or more of the stock having the right to vote for directors thereof. 8 EXX 004894 14. ' TERMINATION AND RIGHTS A. It is understood and agreed that EXXON may, upon written notice to CONTRACTOR, terminate the WORK provided for hereunder. In the event of such termination, CONTRACTOR shall be reimbursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described WORK, and for actual costs thereafter incurred by CONTRACTOR in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for WORK unperformed. B. CONTRACTOR'S obligations under ARTICLE 2-C as it pertains to audit and Article 13 of this CONTRACT shall survive any termination of this CONTRACT. 15. CONFLICT OF INTEREST AND ETHICS A. CONTRACTOR shall exercise reasonable care and diligence to prevent any actions or conditions which could result in a conflict with EXXON'S best interests. This obligation shall apply to the activities of the employees and agents of CONTRACTOR in their relations with the employees, and their families, of (1) EXXON and (2) third parties who are subcontractors or furnish services, equipment, or material to accomplish work hereunder. CONTRACTOR'S efforts shall include, but not be limited to, establishing precautions to prevent CONTRACTOR'S employees or agents from offering, making, providing, or receiving gifts, entertainment, payments, loans, or other considerations for the purpose of influencing any person to act contrary to EXXON'S best interests. In addition, CONTRACTOR shall receive EXXON'S prior approval before use of a subcontractor, or any party, to furnish services, equipment, or materials, who is owned or controlled by the CONTRACTOR or CONTRACTOR'S owner(s), employees, or their families. B. CONTRACTOR agrees to comply with all laws and lawful regulations applicable to any activities carried out in the name of or on behalf of EXXON under the provisions of this AGREEMENT and/or any amendments to it. C. CONTRACTOR agrees that all financial settlements, billings, and reports rendered to EXXON, as provided for in this agreement and/or any amendments to it, will reflect properly the facts about all activities and transactions handled for the account of EXXON, which data may be relied upon as being complete and accurate in any further recording and reporting made by EXXON, for whatever purpose. D. CONTRACTOR agrees to notify EXXON promptly upon discovery of any instance where the CONTRACTOR fails to comply with Provisions A, B, and C above. 16. ENTIRE AGREEMENT In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. This CONTRACT constitutes the entire agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements related to this CONTRACT, either written or oral, including EXXON'S investigation for proposals and CONTRACTOR'S proposals, except to the extent they are expressly incorporated herein. No changes, alterations, or notifications to this agreement shall be effective unless in writing and signed by the parties hereof. EXX 004895 17. APPLICABLE LAW This CONTRACT shall be governed and interpreted according to the laws of the State of Texas. 16. HEADINGS The paragraph headings of this CONTRACT are for the convenience of the parties only and are not a part of this CONTRACT and do not in any way limit or amplify the terms or provisions of this CONTRACT. By the signature of duly authorized representatives below, the parties hereto have executed this CONTRACT in duplicate originals as of the day and year first above written. BROWN & ROOT, INC. By (Name and Titnleai/)i>ru winr nfiPciriCUT Exxon Company, U.S.A. (a division of Exxon Corporation) By Contract Coordinator Materials Department CEB:mea (E. B. Williams) 10 EXX **696 BROWN a ROOT, IN C . NEW JO S ASSIGN? T:.NT >o -o C X m2> - 5 oO Ho Xz H 5 c o cGO 5 o 33 X O o 1" > 33 > 2 O c z H a o r- O <C>O/) n > d cn 3 Om oo n~ > CO c. mX g>o r O X CO C n CO 2J X m 2 > 33 C "n 2 5 X Z m X Z 12 v CO mH 33 -< K> M * N) htfii N) CO 8 isi M n o H2 --m<o Hx^ O a 6 CO 8 C- o 3 O z -t 8 H *D X m O n o GO < m Z n cCo X o 3m X >4 w > O O O >> H n o c z Od z2 o 'V a ORIGINAL Xm CO < c/> --* Oz O X z c 2 Xm X Om "0 HH vS\ N> 'O HO > 00 5 BIS CO "0 c X m o 2 m x x ocm. o x o 2 m O ' Tl O2 Tt 0 $B m pB ip r e p a r e d b y o 8 '0 1" m mO > o d < m o"" m m \ d fi" D Xm 8 m z co K> 00 a CO CO 0> CO CO K> O) K) ^4 O c> m O X CO m 00 m X o c_ O X n o z o > X o o z o > X 2 < M o z s z m X Hm -< < c_ DB2 O z H X 2o <X V) O H mX b z fc Co X X o 5 8\J X z z 2 O Q 00 c X o Xm o V EXX 0048S7 R. JEST FOR ASSIGNMENT OF JOB NUl R BROWN & ROOT, INC. AND ASSOCIATED COMPANIES : ' .OM: SUBJECT: ACCOUNTING DEPARTMENT JOB NUMBER ASSIGNMENT - Brown & Root, Inc. (COMPANY) JOB INDUSTRY TYPE: Industrial--Piping 9/4/79 (DATE) Industrial-Civil Dept. .SUB-DIVISION (DEPARTMENT) Baytown Field Office PLEASE ASSIGN A JOB NUMBER TO BE USED FOR RECORDING OF INCOME AND COSTS RELATING TO THE CON TRACT DETAILED BELOW: OWNER:. Exxon Co., U. S. A. PRIME CONTRACTOR:. Brown & Root, Inc. CONTRACT DATE:____ 8/31/79 DESCRIPTION OF WORK AND LOCATION: Replace pump drivers J-44 and J-46, Cooling Tower 16/24. 3&y fcji'JsJ, TYPE OF CONTRACT: UNIT PRICE ( JOINT VENTURE ( ), OTHER ( ), ), LUMP SUM ( XX ), FORCE ACCOUNT ( (EXPLAIN) ), COST PLUS FEE { ), IIMATED COMPLETION DATE: October 19, 19790R CONTINUOUS ( CONTRACT AMOUNT: $ 153,780.00 ACTUAL I xx ), ESTIMATED ( TERMS OF PAYMENT: PROGRESS BILLINGS - MONTHLY ( xx ), WEEKLY ( ), BIWEEKLY ( ). ). ). SEMIMONTHLY ( ), REVOLVING FUND ( ), OTHER ( ),: , (EXPLAIN) PERCENT RETAINED: 10 %OF progress billings OTHER ( ),: ____________________________________________ (EXPLAIN) TO BE COMPLETED ONLY FOR JOINT VENTURES: PARTNERS AND PARTICIPATION: SPONSOR:% ATTACH FINANCING CURVE OR CASH FORECAST: Ywd NUMBER ASSIGNED: Contract CC: ORIGINAL-- ACCOUNTING DUPLICATE-- RETAINEO TRIPLICATE -- TREASURY/CREOIT QUADRUPLICATE - PURCHASING 27-5797 copy attached %% %% l. (SIGNATURE OF EMPLOYEE REQUESTING JOB NUMBER) Labbe/Baugh Form A-56 (1/76) exx *898 OFFICE MEMO BROWN & ROOT, INC TO: THOSE CONCERNED FROM: GENE KERNAN SEPTEMBER 14, 1979 SUBJECT: NEW JOB ASSIGNMENTS--INDUSTRIAL-CIVIL DEPARTMENT THE FOLLOWING JOB NUMBERS HAVE BEEN ASSIGNED TO THE INDUSTRIAL-CIVIL DEPARTMENT TO COVER THE FOLLOWING NEW CONTRACTS: JOB NO. JOB DESCRIPTION 27-4206 JET RESEARCH, INC. - INSTALL MAGAZINE STORAGE AND RELATED FACILITIES AT MANSFIELD, TEXAS 27-4207 ETHYL CORPORATION.- PERFORM MISCELLANEOUS CONSTRUCTION IN HOUSTON, TEXAS 27-4208 EXXON COMPANY, U.S.A. - PERFORM MISCELLANEOUS CONSTRUCTION WORK IN BAYTOWN, TEXAS 27-5793 EXXON COMPANY, U.S.A. - INSTALL EXCHANGERS IN BAYTOWN, TEXAS 27-5794 EXXON CHEMICAL CO., U.S.A. - CONSTRUCT A B.O.P. HYDROGEN BOOSTER COM PRESSOR AT THE CYCLOHEXANE UNIT IN BAYTOWN, TEXAS 27-5795 ARCO CHEMICAL CO. - CONSTRUCT A 200 LB. STEAM EXPORT PROJECT AT OLEFINS PLANT IN CHANNELVIEW, TEXAS ^27-5797 EXXON COMPANY, U.S.A. - REPLACE PUMP DRIVERS AT COOLING TOWER IN BAYTOWN, TEXAS EXX 004899 *^ ^^ ' 1 fclft-*tJ* **3r 1 ' ti -i * * V *'' ... -9: f y A> . 4* <-ii?i f4 V - 3. 3- ^-,, 4 \f . V/ ' '`'^s'-;"-*' * ->-,-i~\'...... Hv-/ " y + . 4. %VV .K,. 'V s , >, \ 't s , ; t' , 4 u. / . a'V Vr*" 'K V"! r "f -> \* < 1" 'f ' .1 - ''.,-`v:;v4 'v \7 H ; >r4''-,^r fv*v` -VvV> 7ir,*` f<f7*/ 1 , < r., ' ., i> i "r ,, * iff !3 'T " Sit v?J. K"" 7- ' -"V ' , * 'f-* "-~jr ; *4s th',..'sv. i>'6-1r;fi`v .r 7'_ ;fi_______ , 'Li's'* 3^ i ; , vv * ...fi:*li'if,'' S3it .--,,V * */v " ? v^t '* $ ' U>\ \J 4 ,^ , 4 iTsf 4 7 i^.Te'tC d 4 74 4-4... /. "4 .;T -,^'t_,>.-V' .,,,_* *> -< vc Y* <?/* V Y . av. --pM Mi /: 'a ,..: 4; *' ifX%.r{,< - in 3"'rt* t 1 t* \V^Y'`fY xT|v5`''3 i r' ,%t ^k\ .4r-C?-' f Brown C^Rootlnc. SUBCONTRACT P. O. Box 3, Houston, Ttxtt 77001 EFFECTIVE DATE REQUISITION NUMBER SUBCONTRACT NUMBER 1 OF 8-28-79 027-36038 27-5793-5002 t ,VN 4 ROOT JOB NUMBER/ACCOUNTING CODE PROJECT NAME HEK EXCHAtIGERS 27-5793-f005> 1097 EXXON CO. U.S.A. RAYTCrd: fac rr. tty STATE CONTRACTOR'S LICENSE NUMBER (If Rqulr*d) STATE > DATE OF ISSUE NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE l.C * "2 *3-- 230^25^2 7SUBCONTRACTOR* IlS^S^gL GUNITE otf 5810 '"J.PASAD^g, TEXAS 77505 O Oo c.' ^ o & 7< THE SUBCONTRACT TERMS APPEARING BELOW TOI GETHER WITH THE ATTACHMENTS HERETO FORM THE PROVISIONS OF THE ENTIRE SUBCONTRACT. AS OF THE EFFECTIVE DATE OF THIS SUBCONTRACT. PAYMENT AND PERFORMANCE BONOS ARE NOT REI QUIRED BUT MAY BE REQUIRED PURSUANT TO GEN* -1 ERAL CONDITIONS. uj fra 3A SUBCONTRACT TERMS SUBLET WORK 1.1 THE SUBLET WORK CONSISTS OF FURNISHING ALL LABOR, MATERIALS, TOOLS, EOUIPftEOT, SUPER VISION, INSURANCE, AND ALL OTHER ITEM(S) NECESSARY TO INSTALL CONCRETE FIREPROOFING TO THE FOLLOWING ITEMS: 1.1.1 THREE ?3) BEAMS, 25 FEET LONG AS SHOWN ON EXXON DRAWING NO. 154-222-47, REV. "0". 1.1.2 FIVE (5) "T" SUPPORTS AS SHOWN ON EXXON DRAWING HO. 154-222-48, REV. "0". 1.2 GENERAL CONTRACTOR SHALL DELIVER THE ABOVE TO THE SUBCONTRACTOR'S SHOP WHERE SUB CONTRACTOR SHALL PERFORM THE FIREPROOFING DESCRIBED ABOVE, DELIVER TOE BEAUS AND SUPPORTS TO THE JOBSITE AT THE MEK EXCHANGERS LOCATED AT TOE EXXON COMPANY, U.S.A. FACILITY IN BAYTOWN, TEXAS, AND REPAIR APPROXIMATELY (8) PLACES WHERE EXISTING CONCRETE WAS REMOVED AND NEW STRUCTURAL STEEL WAS INSTALLED. 1.3 THE SUBLET WORK DESCRIBED HEREIN SHALL BE IN ACCORDANCE WITH AND PURSUANT TO THE DIRECTIVES OF GENERAL CONTRACTOR'S PROJECT MANAGER OR HIS DULY AUTHORIZED REPRE SENTATIVE. 2.0 EQUIPMENT AND SERVICES TO BE PROVIDED BY GENERAL CONTRACTOR GENERAL CONTRACTOR SHALL PROVIDE THE FOLLOWING EQUIPMENT AND SERVICES TO SUBCONTRACTOR DURING THE COURSE OF THE SUBLET WORK AT NO COST TO SUBCONTRACTOR: 2.1 DELIVERY OF ITEMS DESCRIBED IN SUBCONTRACT TERM 1.1 ABOVE TO SUBCONTRACTOR'S SHOP IN PASADENA, TEXAS, 2.2 POTABLE WATER, 2.3 USE OF GENERAL CONTRACTOR'S MANNED EQUIPMENT TO LOAD AND OFF-LOAD EQUIPMENT FROM SUBCONTRACTOR'S TRUCK. KJM/iv ATTACHMENTS (as checked) jjj] mo general conditions CD special conditions 0 p-7 affidavit > n 1__ 1 OTHER: d-79) E SIGNATURE / SUBCONTRACTOR AUTHORIZED REPRESENTATIVE . ^7 DATE SIGNED BROWN A ROOT. INC. - GENERAL CONTRACTOR SIGNATURE AUTHORIZED REPRESENTATIVE DATE SIGNED Jt: J>.( 71n'tTM JOBSITE FILE COPY Ml (OS-7*) EXX 004709 * __ 3 subcontract] * - - ......... j ----- iF-- I 3 OF THE GENERAL CONTRA) CONTRACTOR SHALL EXECl , 3HEKT ....... 4 PROMPT PAYMENT OP INVq SAL COPY MARKED "SUBCON LLOWING ADDRESS: j .. PAGE NUMBER oF s SUBCONTRACT/CHANGE ORDER CONTINUATION OeSCRBTION ;. ...c ;... 3.0 TIME OF PERFORMANCE suBcor 27-5793-1 3.1 PRESENTLY, THE SUBLET WORK DESCRIBED HEREIN IS SCHEDULED TO COMMENCE SEPTEMBER 17, 1979 AND IS TO BE PERFORMED IN A DILIGENT MANNER UNTOOF THE WORK ARE COMPLETE. 3.2 SUBCONTRACTOR SHALL MAINTAIN CONTACT WITH THE GENERAL CONTRACTOR'S P OR HIS DULY AUTHORIZED REPRESENTATIVE FOR THE PURPOSE OF COORDINATED CHANGES OF THE SUBLET WORK IN ACCORDANCE TO GENERAL CONDITION 4. 4.0 SUBCONTRACT PRICE GENERAL CONTRACTOR AGREES TO PAY SUBCONTRACTOR FOR COMPLETE, SATISFACTORY PERFORMANCE OF SUBLET WORK IN STRICT COMPLIANCE WITH THE REQUIREMENTS OF DOCUMENTS FOR THE TOTAL FIRM LUMP SUM PRICE INCLUDING ALL APPLICABLE SALE T 5.0 PAYMENT AND PERFORMANCE BOOTS 1 I TO GENERAL COOTITION ! ! CTOR AGREES THAT GEHERi> O1' \FFLCTING THE SUBCC j >L NO CONTRACTURAL Rl i GELATIONS TTACHNEKT EiniTLED, "C( | EGULATIONS", DATED 1-9- j vACTl ton 6.0 THERE IS NO REQUIREMENTS AT THIS TIME TO FURNISH SEPARATE 1002 PAYMENT AI BONDS. HOWEVER, GENERAL CONTRACTOR MAY AT ANYTIME DURING COURSE OF THIS REQUIRE SUCH BOOTS TO BE FURNISHED IN ACCORDANCE TO GENERAL CONDITION 19 REQUIRED AT A LATER DATE, THE PREMIUM SHALL BE REIMBURSABLE TO THE SUBCOI INSURANCE CERTIFICATES 6.1 SUBCONTRACTOR SHALL FORWARD ITS INSURANCE CERTIFICATE STATING THE R INSURANCE CARRIER(S) AND CERTIFYING THAT ITS INSURANCE COVERAGE HEE QUIREMENTS OF GENERAL CONDITION 21. ATIOTDS I NTRACTOR REPRESENTS THi ! AIK OR WILL CONTAIN PRI J 0 A PROJECT AGREEMENT 1 ! RE SHALL BE NO STRIKES; : JMG THE PERFORMANCE OF J OWER--TIER SUBCONTRACTOj j JIENTS, IF ANY. j\ 6.2 SUBCONTRACTOR INSURANCE CERTIFICATES SHALL REFERENCE THE PROJECT AK NO., AND SHALL MAIL ONE COPY TO THE FOLLOWING ADDRESS PRIOR TO AJtRl SITE: BROWN & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 ATTN: K. J. MC COY (01-116) ' WAGE AND PRICE GUIDElj j 7.0 IN\r0 ICE 'ING THIS SUBCONTRACT l! | RESIDENT'S COUNCIL ON W j THE PRICES SHOWN ARE I j SUBCONTRACTOR SHALL SUBMIT INVOICES IN QUADRUPLICATE ACCORDING TO THE P FORTH IN GENERAL CONDITION 32. BROVTN & ROOT, INC. P. 0. BOX 4060 BAYTOWN, TEXAS 77520 iL 1AC (/CHANGE ORDER CONSIST! < <N ABOVE. ALL OTHER TERMS i j)" ATTN: JOE LABBE THIS SUBCONTRACT/CHANGE ORDER CONSISTS OF PAGE 1 BEARING SIGNATURES AND AS MANY ADI PAGES AS SHOWN ABOVE. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. I(~1BITF Fll F r.OPY EXX 00V710 i i "'ONTRACT/CHANGE ORDER C MANCE BONDS EMENT AT THIS TIME TO FURNISH $ ENERAL CONTRACTOR MAY AT ANYTlti TO BE FURNISHED IN ACCORDANCE LATER DATE, THE PREMIUM SHALL I ATES . SHALL FORWARD IT'S INSURANCE < RIER (S) AND CERTIFYING THAT II OF GENERAL CONDITION 21. BrownGltootInc. SUBCONTRACT P. O. Bax 3. Houston, Taxis 77001 1 OF 3 EFFECTIVE DATE 8-16-79 REQUISITION NUMBER 027-36029 SUBCONTRACT t 27-5793-; BROWN * ROOT JOB NUMBER/ACCOUNTINQ CODE 27-5793 (5) 1097 PROJECT NAME IQ EXXON CO. U.S.A./ll STATE CONTRACTOR'S LICENSE NUMBER (If Raqulrad) NOT APPLICABLE STATE NOT APPLICABLE 7SUBCONTRACTORS ' 11408598 SERVICE PAINTING CO. P.O. BOX 2353 ^BEAUMONT, TEXAS 77704 THE SUBCONTRAC | QETHER WITH THE PROVISIONS OF TH AS OF THE EFFECT PAYMENT AND FE I QUIRED BUT MAY -1 ERAL CONDITIONS : INSURANCE CERTIFICATES SHALL ] .L MAIL ONE COPY TO THE FOLLOW!! BROWN & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77* ATTN: K. J. MC 1~ 1.0 SUBLET WORK "* ". *... tumxHTMCTnmm 1.1 SUBCONTRACTOR SHALL FURNISH ALL LABOR, MATERIALS, TOOLS, EQl SUPERVISION AND ALL OTHER ITEMS NECESSARY TO SANDBLAST AND I AS SHOWN ON EXON DRAWINGS LISTED IN ATTACK ENT "A", AND HET SUBCONTRACT DOCUMENT. THE SUBLET WORK DESCRIBED HEREIN SHAH MEK EXCHANGERS AT THE EXXON COMPANY C.S.A. FACILITY IN BAYTT u s::it INVOICES IN quadrupli CONDITION 32 AND AS MODIFIED HE brows: & ROOT, INC. P. 0. BOX 4060 BAYTOWN, TEXAS 77 ATTN: JOE LABE EES THAT GENERAL CONTRACTOR MAI AFFECTING THE SUBC01TRACT0R? DC .IT NO COITRACTURAL RELATIONS?!II e AC 1.2 SUBCONTRACTOR SHALL PERFORM TOE SUBLET WORK IN STRICT ACCORI DIRECTIVES Or THE GENERAL CONTRACTOR'S JOB SUPERINTENDENT 01 representative. 2.0 SUBCONTRACT PRICE GENERAL CONTRACTOR AGREES TO PAY SUBCONTRACTOR FOR COMPLETE, SAT PERFORMANCE OF SUBLET WORK IN STRICT COMPLIANCE WITH THE REQUIRE DOCUMENTS FOR THE TOTAL FIRM LUMP SUM PRICE INCLUDING ALL APPLJC. 3.0 ` TIME OF PERFORMANCE $ 7,615.00 y 3.1 PRESENTLY SUBCONTRACTOR IS SCHEDULED TO COMMENCE SUBLET WOT OK OR ABOUT OCTOBER 26, 1979, AND TO PERFORM ALL WORK IK A ALL ASPECTS OF THE WORK ARE COMPLETE. T ENTITLED, "CONTRACTOR RESPONJ ATIONS", DATED 1-9-79, IS HEKEI 3.2 SUBCONTRACTOR SHALL MAINTAIN CONTACT GENERAL CONTRACTOR'S 5 PURPOSE OF COORD1KATINC AIT SCHEDULE CHANGES OF THE SUBLET GENERAL CONDITION 4. 3f TER CONSISTS OF PAGE 1 BEAHINC AL i'HER TERMS AND CONDITIONS REMAi JOBSITE FILE COI <> * Y/*/^ , Mp.COY / iu ^ ATTACHMENTS (as checked) (3 p-so general conditions -Q special condition CD OTHER: (1-79) Jfefr F*V ; SIGNATURE SU8CONTRACTOB AUTHORIZED REPRESENTATIVE DATE SIGNED BROWN * ROOT, 5IONATURE AUTHORIZED F _-_--_--_-_--_--_-_--_-_- _______ /-)------- ------------------- -------------- jTfLt/n.r"ef rs--__-_-_--_--_-_--_ --------------------- EXX 004711 AFFIDAVIT TWO COPIES OF THE GENERAL CONTRACTOR'S "AFFIDAVIT FOR SUBCONTRACTOR* (FORM P-7) ARE ATTACHED. CONTRACTOR SHALL EXECUTE AND RETURN ONE COPY WITH HIS FINAL OR RETAIKACE INVOICE. 10.0 ACKNOWLEDGEMENT TO ENSURE PROMPT PAYMENT OF INVOICES, SUBCONTRACTOR SHALL SICK AND DATE THIS SUBCONTRACT, RETAIN THE ORIGINAL FOR THEIR FILES, AND RETURN ALL OTHER COPIES TO THE FOLLOWING ADDRESS NO LATER THAN AUGUST 31, 1979. BROWN fc ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 ATTN: K. J. MCCOY (01-116) 11.0 WAGE AND PRICE GUIDELINES IN ACCEPTING THIS SUBCONTRACT THE SUBCONTRACTOR WARRANTS THAT THE GUIDELINES ESTABLISHED BY THE PRESIDENT'S COUNCIL ON WAGE AND PRICE STABILITY HAVE BEEN ADOPTED VOLUNTARILY, AND THAT THE PRICES SHOWN ARE IN COMPLIANCE THEREWITH. ^jg^THIS SUBCONTRACT/CHANGE ORDER CONSISTS OF PAGE 1 BEARING SIGNATURES AND AS MANY ADDITIONAL NUMBERED PAGES AS SHOWN ABOVE. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. _ .- JOBSITE FILE COPY Ml# (OS-7) EXX 004712 Brown STRoot,Inc. Post Office Box Three, Houston, Texas 77001 August 30, 1979 Stonaber, Inc. 2508 Fairway Drive Houston, Texas 77092 Attn: Doris J. Brown Vice President Subject: Subcontract No. 27-5793-5000 Thermal Insulation Exxon Co. U.S.A. MEK Exchangers Dear Ms. Brown: We enclose herewith one fully executed copy of our Subcontract No. 27-5793-5000 dated August 16, 1979 for your permanent file. Sincerely yours, BROWN & ROOT, INC. K.atny j. mcuoy Subcontractor Administrator Subcontracts Department Procurement Division KJM/lcm Enclosure bcc: E. E. Kernan (original copy) J. E. Cole Accounts Payable - ICD (1 copy) B. M. Holt RF/RMB RF/KJM RF/CIRC File S/C No. 27-5093-5000 Alphabetical File EXX 004713 Form P-1$o <1-79) Brown G^Root.Inc. KJM/lcm SUBCONTRACT EXXON COMPANY U.S.A MEK EXCHANGERS BAYTOWN, TEXAS Job Number_____ 27-5793______ Subcontract No. 27-5793-5000 (Project) THERMAL INSULATION (Sublet Work) AUGUST 16. 1979 (Effective Date) THIS SUBCONTRACT, by and between BROWN & ROOT, INC., a Texas Corporation, P. 0. BOX 3, HOUSTON, TEXAS 77001, "GENERAL CONTRACTOR" and, Stonaber, Inc. ^Corporation, Proprietorship, Partnership) aCorporationunder laws ofTexas (State) .e address is 2508 Fairway Park Drive, Houston. Texas 77092 "SUBCONTRACTOR." whose contractor's license number under laws ofNot Applicable is Not Applicableentered into as of the EFFECTIVE DATE stated above, WITNESSETH: fn consideration of the mutual promises herein contained General Contractor and Subcontractor agree, promise, and obligate themselves i follows T. 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. Prnprt Anrmtnf End* 2 T-jJ-fOOC? c. "Gtneral Condition!" P--50 (1-79) Vendor Code No Page 1 of 2 Net Price: f ^ S'^>00 _ ,Terms: /-er^ n< f- Ain. 3Z EXX 904714 Form P-160-01 <179) Subcontract No. 27-5793-5000 The foregoing constitutes the entire contract, and supersede ail 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 m drawings, specifications and other Contract Documents m their condition on that date. Changes after the effective date will be dealt with m accordance with the provision for changes. Any work commenced and any payment 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 _ D. E. NEWTON, W. Title VICE PRESIDENT - PROCUREMENT Date SUBCONTRACTOR: ________STONABER. INC. r7 Bv. <7$0tLo> Title . Date.. Page 2 of 2 EXX 004715 SUBCONTRACT TERMS SUBCONTRACT NO. 27-5789-5000 PAGE 1 OF 3 1.0 SUBLET WORK 1.1 Sublet Work, in general, is to furnish and install Thermal Insulation at the MEK Exchangers for the Exxon Company Facilities located in Baytown, Texas. 1.2 More specifically, the Sublet Work consists of furnishing all labor, materials, equipment, tools, taxes, insurance, supervision and all other items necessary to furnish and install thermal insulation at the location described above, all of which work shall be performed in strict accordance withthe drawings and specif ications further described hereunder in Subcontract Term No. 2 and all other provisions of the Subcontract Documents. 1.3 Subcontractor shall perform all work described herein in accordance with the directives of the General Contractor's Pro ject Manager or his duly authorized representative. 2.0 DRAWINGS Sublet Work shall be in accordance with, and all materials furnished by the Subcontractor shall comply with Exxon Drawings listed on Attachment "A", and hereby made a part of this Subcontract Document. 3.0 TIME OF PERFORMANCE 3.1 Subcontractor shall commence the Sublet Work on or about September 17, 1979 and shall perform all work in a diligent manner until all aspects of the Sublet Work are complete. 3.2 Subcontractor shall maintain contact with the General Con tractor's Project Manager, or his duly authorized represenative, for the purpose of scheduling and coordinating the Sublet Work. 4.0 SUBCONTRACT PRICE 4.1 General Contractor agrees to pay Subcontractor for complete, satis factory, and timely performance of the Sublet Work strictly in ac cordance with the drawings, specifications, and requirements of all of the Subcontract Documents the following Firm Lump Sum Price, inclusive of all sales and use taxes: TWENTY-SIX THOUSAND FIVE HUNDRED SEVENTY DOLLARS AND NO CENTS (Words) $26,570.00 (Figures) EXX 004716 SUBCONTRACT TERMS -2 - S/C No. 27-5793-5000 4.0 SUBCONTRACT PRICE - (continued) 4.2 PAYMENT AND PERFORMANCE BONDS There is no requirement at this time to furnish separate 100% Pay ment and Performance Bonds. However, General Contractor may at any time require separate Payment and Performance Bonds in adcordance with the provisions of General Condition No. 19. If Bonds are required, the premium of said bonds shall be reimbursable to the Subcontractor. 5.0 PAYMENT 5.1 The following paragraph supplements Paragraph Number 32 of.the General Conditions: Subcontractor shall be paid in monthly progress payments the value of the Sublet Work satisfactorily performed during the preceding month based upon the firm lump sum price detailed and described in Subcontract Term No. 4 less 10% of such value as retainage until final completion and acceptance of the Sublet Work by General Con tractor. Subcontractor shall prepare and submit an invoice for the proposed monthly progress payments and shall submit supporting documents and proof of payment of all bills for labor and materials, as may be requested by General Contractor. Subcontractor's invoice for proposed monthly progress payments with requested supporting documents and proof of payment of all bills will be submitted 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 the affidavit as called for below. 5.2 AFFIDAVITS Two copies of the General Contractor's "Affidavit for Subcontractor" (Form P-7) are attached for use in implementing the provisions of General Condition No. 32. Subcontractor shall execute and return one copy with his final or retainage invoice to the address shown below. 5.3 INVOICES Subcontractor shall render all invoices to the following address: Brown & Root, Inc. P. 0. Box 4060 Baytown, Texas 77520 Attn: Joe Labbe EXX 004717 SUBCONTRACT TERMS -3 - S/C No. 27-5789-5000 6.0 INSURANCE Subcontractor shall forward his Certificate of Insurance stating the names of its Insurance Carriers and certifying that its insurance coverages meet the requirements set forth in General Condition No. 21 herein to the following address, in addition to the address shown in Subcontract Term 5.3 above. Brown & Root, Inc. P. 0. Box 3 Houston, Texas 77001 Attn: K. J. McCoy (01-116) 7.0 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 agree ment 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. Sub contractor will further subcontract only to lower-tier subcontractors having similar provisions in their collective bargaining agreements, if any. 8.0 ASSIGNMENT OF SUBCONTRACT TO OWNER The following provisions hereby supplement General Condition Number 17: Subcontractor agrees that General Contractor may assign this Sub contract to Owner at any time without affecting the Subcontractor's duties, rights and obligations hereunder. Prior to assignment no contractual relationship exists between Subcontractor and Owner. 9.0 SAFETY AND SECURITY Subcontractor shall perform the Sublet Work in strict accordance with the provisions set forth in the attached document entitled "Contractor's Responsibilities for Safety, Plant Security, and Traffic Regulation", dated September 1, 1978, which is hereby incorporated as part of this Subcontract by reference. 10.0 WAGE AND PRICE GUIDELINES In accepting this Subcontract, the Subcontractor warrants that the Guidelines established by the President's Council on Wage and Price Stability have been adopted voluntarily, and that prices shown are in compliance therewith. EXX 004718 ATVA-cwtAt-vrr "A TABLE I LIST OF ENGINEERING DRAWINGS June 13, 1979 Work Request SI131011 Braving No. 154-70-793 154-70-794 154-70-795 154-70-796 154-70-797 154-71-70 154-71-71 154-190-407 154-190-408 154-190-409 154-192-152 154-198-163 154-199-48 154-222-47 154-222-48 154-222-49 Revision 3 3 3 3 3 0 0 0 0 0 0 0 0 0 0 0 Date 5/25/79 5/25/79 5/25/79 5/25/79 5/25/79 5/7/79 5/7/79 5/11/79 5/11/79 5/11/79 5/11/79 5/11/79 5/11/79 5/7/79 5/7/79 5/7/79 Title MEK Exchangers E-59-1 and 2 and E-60-1 and 2, Stacking Arrangement' ..... MEK Exchanger E-60-1 Outline ,: v . MEK Exchanger E-60-2 Outline,;, MEK Exchanger-E-59-1 OutlinesMEK Exchanger E-59-2 Outline MEK Unit, E-59 and E-60 Foundations, Plan and Details MEK Unit, E-59 and E-60 Foundations, Sections and Details MEK Waxy Solvent to E-59 and E-60, Piping Plans MEK E-59-1 and 2, E-60-1 and 2, Piping Plans MEK Waxy Solvent and Filtrate to and from E-59, E-60, Plan and Sections MEK E-59-1 and 2, E-60-1 and 2 Sections MEK Safety Project, Mechanical Flow Sheet MEK Safety Project, Line Schedule MEK Plant, Pipe Support Structure, Plan, Elevation, and Details MEK Plant, Pipe Support Structure, Plan and Elevation' MEK Plant, Pipe Support Structure, Plan, Elevation, Details, and Sections RNF rjc EXX 004719 At'?ML-*. X S*> !3rL -x2f ^>C; CONTRACTORS' RESPONSIBILITIES FOR SAFETY, PLANT SECURITY, AND TRAFFIC REGULATIONS BAYTOWN REFINERY January 1, 1977 EXX 004720 r > -*,,,`/u\'*j ' *--- =C^;.Xl- '~~ 'aylr:.* - 5?5s^ ? . ^yi*-. e-IT'fv*J jj ^ --`--^ s^ssSfera rv--* -3 Hr%-''-:-> -1 2&s*;a- .<r --* C7T>---4 TABLE OP CONTENTS Section 1 Page Central Definition* .............................................................................................................................. Section 2 T"1 3*rtr itui** .................................................................... .*.......................................................................... Peraonal Clothing and Protective Equipment ....................................................................................... Entering Procea* Arena .................................................................................................................... Working Over or Pear Water ........................................................................................................ Cuarding Equipment .............. Housekeeping ..................................................... Seeklnj and Matehea ................................................................... Eaod and Power Tool* ....................................................................................................................... Electrical Toola ......................................... Ladder* and Scaffold* .................................................................................................................... Evacuation* .................................. ........................................................ ............................................... Connection* Into Extating Equipment ........................... ............................................... Railroad .....................................................................................-........................................ .................. Bolating Equipment ................................................................................................................................... Kaxardou* Material* ...................................... ................................. ....................... ................ Compreaaed Air -- Tard Air System ....................................... ............................................... Warning Sign* .......................................................................................................................... Compreaied Ca* Cylinder* .................................................................................................................. Plr* Prevention -- fire Fighting .......................................................................................... Working In Vicinity of Electrical Llnaa ......................................................................... Refueling Vehicle* and Equipment ........................................................................ Potable Water ............................................................................................................................................. Working on Aabeatoe Cement Roof ............................................................................................ Traffic Safety Regulation* .................................................................................................................. n-i II-2 11-A XI-5 11-5 TI-4 11-4 11-4 11-7 II-4 11 - 9 II-9 11-10 11-10 11-11 II-U 11-12 11-12 11-13 12-14 11-14 11-14 Section 3 11-12 11-1 Contractor'* Safety Reaponalbllltla* .................................................................................. Section 4 Ill--1 Electrical Lockout Procedure* ........................................................................................................... Electrical Circuit* aod Electrically Powared Equipment .................................. Electrical Lockout ................. ................................. .................. ................................... ............. Electrical Dlaconnect ............................................................................. Aboormal Condition* ............... ............................................................. ........................................ Power Llnaa ......................................................................................................... Reserving from Service ........................................................................... Work On or Adjacent 2,300-Volt Line* .............................................................................. TV-1 7V-1 TV-1 tV-5 TV-12 4.-.C--V - > /f^hrtTfc^T to EXX 004721 r ' i* t*_ . .ssK&fcuait-- Ti.' v-r 'TVerer *"r3 'zx.riF yrr-r^r^ . r1 **= " iSw53g::'?_' rV. v. - * - ~ --^7* ,, *rr!--.i &&&.--ryf-v! ' < 3 gsIM **. J*teV7 a/. 4 ' I* >i \5V5-* 1 ;!?ii^rjif> "i-'j --^VJ.n <v^ T<bl* of Contents Continued fj* Section 5 Cot Work Permit .......................................................................................... ............................................ Open Irui .................... .............................. ............................................................................. Mario* Docks .........................................................................'.............................................. ................ Inclosed Spaces ..................................... .................................................................... Section 6 P-1 P-3 P-9 P-10 Procedure for Entering Enclosed Space* ........................................................................... lot*ring Without Protective Equipment .............................................................................. Entering With Protective Equipment ............................................................................. .. Standby Duties .................................................................................................... .............................. 9~I-1 PI-2 PI-5 PI-4 Section 7 Opening or Sllndlog Permit ............................................................................................................. Section 6 PII-1 Cold Vork Permit .................................................. P1I1-1 Section 9 Security Regulations ............................................................................................................................ Parking Locations ................................................................... Entrance Cats ........................................................................ Walks sod Roadways ....................................................... Contractor Employee Sedges ........................... ..................... .............................. ....................... Contractor Vehicle Identification ........................................................................................ Material Passes ................................................................................................................................... Thefts ........................................................................................................................................................ Ceabllng .................................................................................................................................................... Business Visitors. Applicants,and Delivery Trucks ................................................. Ambulance Service .............................................................................................................................. Inspection of Lunch Boxes, Packs gee, Motor Vehicles, stc. ............................. Cameras and Photographs ................................................................................................................ Liquor, Drugs, firearms, and Explosives ......................................................................... Plaiting and Loiterings .......................... fingerprinting ........................................... . Tt-1 1X-1 12-1 12-1 12-1 12-2 12-2 12-2 12-2 12-2 12*3 12-3 12*3 12-3 n-3 u"* yiAcrjMTopw7r'f,Tt`*ryi ysjqm-7*V. EXX 004722 =^f. 'w ' "A - - gterr^^ fs*7=**:v ^2*~' - . (li. **' ^2mmt*'- w' , ; -- -wTS f- w: .*1 ---- jj_* ,iV*, ' - -\-jt Vt--rl j--* rt . 2 :j5 .-vr-* J5 -<2'irs -fee "3 Section 1 GENERAL. DEFINITIONS FOR SAFETY MANUAL PERSONS 1. Chief Operator -- The Proem person who If responsible for Process operations in a processing area and has the authority to supervise Process personnel and issue work permits. 2 Contract Administrator -- The Euon Mechan ical or Process supervisor assigned by the owner to assure that the contractor adheres to the plans, specifications, and Refinery safety rules. 3. Contractor -- The firm under emilmet / Cxanii Cr>i/iiiv. U S A. tr> )<erf,irm u*>rlr ft the flfwhmet Refinery The term f/v melndif llinfe ftmr rm/'/ivrrf as .nheniilraelnn hy |/ir prime amtnelnr. 4 Department Head -- The person in charge of a Process department, i e , Fuel*. Specialties. Oil Movements. Uhliticsand Environmental Control, or Baytown Fuel* Expansion. 5 Maintenance Supervisor -- The Mechanical person, either Eaton or wuifrarti'r, who has the authonty to supervise the Mechanical work crew and is responsible for their work eiecution. 8 Mechanical Personnel or Tenon -- Any of (he Mechanical work crew (Supervisor. Craftsman. Trainee), cither Euon or omInn tor. performing work in the Refinery. 7. Owner -- Eaton Company. U S A . Baytown Refinery. (.Operating Supervisor -- The second-line supervisor in Process and the immediate super visor of the Chief Operator*. l-t f. Process Personnel or Person -- Any of the Pro cess work new (Chiel Operator. Process Techni cian, or Process Technician Trainee) who has fob responsibility for the assigned processing area. 10. Safety Permit Inspector -- The person who has the primary responsibility of per/orming gas tests and inspecting the jobsite lor compliance with applicable safety rules and standards for the purpose of issuing work permits. 11. Standby -- The person dignaled by the Chief Operator tnd>or the rruuitenance super visor to warn persons of harardous or emergency conditions that could affect their safety. PLACES 1. Enclosed Spare -- Any space that can be closed or has restricted entry or ent. such as ves sels, tanks, boilers, furnaces, etc Also included are confined spares, such as pits, sewers, excava tions, where tne heads of personnel workjng are below the lop of the confined space. 2. Processing Area -- Any area under the juris diction of Process personnel. 3. Refinery -- The manufacturing facilities of Exxon Company, U.S.A. located in Baytown. Texas. ACTIVITIES -- CONDITIONS 1. Cold Work -- Any mechanical work that does not involve hot work or opening, blinding, and entering processing equipment. 2. Hoi Work -- Any work requiring the use of burning or welding and bracing equipment, exp losives, open fues. portable grinders, unattended internal combustion engines, concrete busters, soldering irons, noneiplosionproof electric motors (including motor chipper*, drills, and hi EXX 004724 isr-Sh-s, gSgKK&l -:^&**&* 2S>nfs^i-.ig a^. . a-ivJT * * *<5 ^ 4^* -*Z^r.^ 5" */T t-'7rVr^-> - v-H'--- zs--*7S. vt BS%f&nt __.... w^:va T.V'^r. fyir L>UuUi V' \ . ).- -.. .i r- -... , v- Uws|, nonexplosionproot Moor or string lights, sandblasting. explosion actuated tools, electric hot plates. or any other flame- 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 using 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 include draining or venting through a valve. 5. Blinding -- Installing temporary slip blinds into piping or blind flanges onto equipment for the purpose of isolating or closing processing equipment. 6. Flammable Material -- Any material that will ignite and continue to burn in air. 7. Eiplosive 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 19.5 per cent. t. 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 -- "Must" is used in the man ual to indicate mandatory compliance "May" ts used to indicate that good judgment shall be exer cised. 1-3 >' r EXX 4725 Section 2 PERMIT, blue COLO WORK PERMIT, or ELECTRICAL LOCKOUT PROCEDURES SAFETY RULES d. Develop a safe work plan for the job lo be done and see that the plan is well understood PURPOSE and followed. The purpose of these personnel, equipment. and O. Require additional accident prevention traffic* safety ruin it lo specify minimum safety measures, other than those contained in this requirements that must be followed to prevent safety manual, if, in any supervisor's opinion, injury or death lo persons and damage to proper they are necessary In instances or situations ty These ruin in their entirety apply to all per not specifically covered herein, it is eipeeled sons. including lltr contractor employees working in that they will be handled within the guidelines Enon Company, U.S.A.'s Baytown Refinery. AdJilhmal requirrrnmti for contractors and lltnr rrw- contained in this manual Safrty is not lo be sacrificed for production. 1 'e -5 ptiymareshoum in italic ty/e throughout the manual. DEFINITIONS Defimlionj of terms used throughout this manual will be found in Section 1. Special definitions that apply to a specific permit or wort procedure are in the 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 etample. b. Provide adequate instruction in and require compliance with: 2. Individuals, Eoon and contractor, working m the Baytown Refinery are responsible for their own safey and for the safety of other workers and for reporting injuries to themselves or others to their appropnate supervisor Each person must assure nimself that his work situation is safe and that he has adequate instructions, proper tools, 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: (1) Accident prevention aspects of each job. (2) Use and application of appropriate pro tective clothing, equipment, and device*. (3) Use or application of tools 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 include*, but is not limited to. the securing and'or issuing of a yellow PERMIT TO ENTER, green HOT WORK PERMn. white OPENING OR BUNDINC a. Clothing and Protective Equipment (1) Clothing contaminated with oil. hazard ous liquids, or chemicals must not be worn If a person is inadvertently sprayed or con tacted by oils, hazardous Iquid. oi chemicals, he clothing must be removed as quickly as practical, the affected parts washed with soap and water, and the situation reported to the supervisorand lo ihr [non sn/v-nivr mcUargr or Contract Adminulrator m case cf contractor' (2) Protective clothing that fully covers the body (arms, legs, shoulders, etc ) must be 1 #2 -`Vr'T- i r- - a. X f,, mm EXX 004726 -*-- -*V*. u" i> -*^-v~ <, v: if^W*aS worn except at certain locations specified bv the Department Held after consultation with the Safely Coordinator. (3) Loose clothing, 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 after 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 problems requiring the wearing of contact lenses must use appropnatr eye protection as recommended by a medical doctor depend ing on occupational exposure (For Exxon employees, the Medical Department will rec ommend appropriate eye protection ) (6) Goggles and/or safety glasses with Side shields must be worn in those areas where the possibility of flying objects exists. (7) Chemical goggles must be worn in those areas where exposure to chemicals or liquid hazards exist. (S) Respiratory protection must be worn where the atmosphere of the work area is contaminated by hazardous dust, 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 u a possibility of exposure to acid, caustic, or *3 other hazardous material (10) Bright-colored vests or equivalent highly visible altirt 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) White working on any roof with a slope greater than one on four. (C) When working within six feet of the edge of any roof. (d) Where an oxygen deficiency exisb or where the surrounding atmosphere is im mediately h*2irdoai to life (12) Approved ear protection such as ear plugs, disposable plugs. (Swedish wool and cotton are unacceptable), or ear muffs must be wom when working in areas designaied 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 conversanon difficult b. Entering Processing Area No person shall enter a processing area (includ ing firewalls of operating tanks) without the permission of the Chief Operator or his daysruled representative Chief Operator permis sion is also required when motorized equip ment inilully enters a dosed processing area (radio or telephone approval by dispatcher is acceptable) No further permission is required as long as mechanical work is continuous Once IM **' - '* -4 >, EXX 004727 w work it interrupted. auch as (or lunch breaks, permission must again be obtained Vehicle! entering these areas may be required to have aparVproof mufflers of their equivalent as re quired by the Chief Operator nr Iht Contract Aimmit/rafr m Hit orv of conlrechir irhtdn c. Working Over or Near Water The U.5. Coart Cuard approved life preservers must be worn when working on barges or di rectly over water, such at under the docks, from a boat, above pi a, etc. d. Working On or Over Machinery (1) Do not work on moving machinery or above open operating machinery unless it it impractical shut down the equipment. In such instances, secure Maintenance Super visor's and/or Chief Operator's approval and take necessary precautions before proceedin ft (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 and'or Chief Operator's approval be fore proceeding. e. Guarding (1) Temporary openings in floors, handrails, etc., must be guarded to prevent falling. Re store permanent handrails and guardrails immedialely after need for opening has en ded. (2) Open eicavalioni or manholes must be guarded or covered before leaving Ihe job and during (he job if practical. (3) Areas into which materials or tools are to IS be deliberately dropped or thrown must be guarded or protected f. Housekeeping (1) Aisles, passageways, stairs, platlorma. and ladders must br kept clear o( aIIunneces sary obstructions. (2) Protruding nails that present a snag or puncture hazard must be removed or bent down. (3) Worksite must be kepi clean and orderly. (4) Debris (including mud from wheels) that fails from transporting vehicles must be picked up. g. Smoking and Matches Smoking in the Refinery eicept al approved locations is prohibited "Slnke anywhere" matches must not be brought into the Reltnery. h.Hand and Power Tools -- Portable Machinery (1) Defective tools must not be used (2) Toots must not be subject to undue stress or used for purposes for which they are not designed Makeshift tools must not be used (3) Portable Machinery must be `hut down (or repair work. !(it is impractical to stop or shut the equipment down before working on it, secure Mamie nance Supervisors approval before proceeding. (4) Abrasive wheel tool rests must be ad justed to within Ik-inch manmum of Ihe 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 M-6 7ITWC rr OW syy iv-w rj K -w P*w . * .m /, 9 *V 1 - mm v*. # "V W S'* "n '*'. I0 . t -- a * ~-u -- '-s '*.i vT-iVwr-f----- - 44 TV, EXX 004728 S?%o(*F-?* -?^v ->-a** Srec^si..--v--> - :<t'-?ZJ-.?'--,. ^ f*ls^ &s$s3s ? m!V rV- ,TI-fe..a ' -?'> v*T*. *'^ Pt<^i. -. - ^r. -v <-- w : pSgggSs-j. in line of unguarded wheels. <<) Tools must no! br startrJ or usrJ unless II required guards it in place. I. Electrical Tools and Equipment (1) Electrical twilrhrs must nut be operated without lull knowledge that Ihe results will not constitute a safety hazard (2) Portable electrical tools, metal buildings with electoral service, anj electrical equip ment (including motor-driven welding ma chines and portable generators) must be grounded Report them tu Ihe Maintenance Supervisor if they are found to be defective. EXCEPTION: Double insulated tools and engine driven welding machines may be used without grounding. (3) General purpose two- or three-cell flashlights (1.5 volts per cell) may be used everywhere escept 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 he used where hot work is not authorised. This includes porta ble eiplosionproof hand lamps, portable eiplosionprouf floodlights, and intension cords (plug boards) with eiplosionproof futures. EXCEPTION; Fued-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 escept for cleaning, repairing, or replacing lamps Esplosiunprool futures shall be opened only by authorized persons 11-7 (. Ladders and Sc a Molds (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 aiderails shall estend at least 56 inches above the landing. (2) Ladders must be located where possible where they cannot be bumped When located in arras such as m front of a dour, in the street or aisles, etc., adequate precautions must be taken to protect both the dimber and others who may be in the area (3) Good working techniques must be used v- hen climbing, working from or descending a ladder, such as holding with both hands and keeping the body within the vderails o( Ihe ladder. (4) Scaffolds must be constructed to support at least four times the matimum intended load without failure. (5) Platform planks must br laid with their edges close together so that there are no spaces large enough for tools or fragments of materials to fall through. (6) Swing scaffolds must be lowered and lashed at the end of the shill. (7) Access ladders or other safe means of ac cess to all scaffolds must be provided. (8) Standard handrails and toe boards must be provided on all scaffolds 10 feet ot 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- M A ported to the appropriate aupervisof. (11) Non Condudivt liddrn or Kiffoldt muil be used when working on open ener gized electric*) circuit. k. Eieavatlona (1) Do not enter or work In excavations that will require a person'* head to be below the level ol the ground until: (a) Obtaining a yellow PERMIT TO EN TER, (b) Shoring or (loping the eicavation to prevent (toughing ol earth, (c) Effectively doring or retaining exca vated material at lead two feet (rom the edge ol the excavation and (d) A ladder or ramp for (ale entrance and exit ha been provided. (?) Guard or cover alleicavations before leav ing job. and during (he |ob if practical (3)RED CONCRETE UNDERGROUND signifies the presence of an electrical circuit. Stop excavating and notify the Maintenance Supervisor and tltr Contract Administrator in case of contractor an/iliyrtt. (.Connection* Into Existing Pipeline*. Equipment, or Service After a tic-in ha* been made connecting new construction to existing lines, equipment, or sewers, the whole pipeing equipment or sewer system involved mud be considered the Hire as elisting lines and equipment, and applicable work permits mud be obtained from the Chief Operator before additional work can be done on any of these lines or equipment. After new H-9 aewer* have been tied into the sewer system, any hot work in the area of the new sewer mud terminate. Any further hot work requires a rev HOT WORK PERMrT. m. Railroad (1) Constructing Or placing any permanent or temporary obstructions closer than eight feet si* inches horizontally from the cen terline of the track or 22 feet vertically from any lop of rail is prohibited without specific authorization from the Exxon Supervisor re sponsible for railroad trackage. (2) 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) Cuy lines, mooring lines, or load lines must not be placed m such a position that they will tighten against operating equip ment. pipelines, tanks, or machinery. (8) Insulating swivels must be used cm all bosun chairs or haskes when supporting I-10 ximfcsi.nw. ir--xi.* >! EXX 004730 friimiisdrn --, ***,-w~^' 'jti*5 ;^r.C --3,sX`*'; ". ->.< rs welder. 0. Hazardous Material* (1) Note (oration* of eyewash fountains and safety showers and know how they work. (2) Labeled containers must be used lor han dling hazardous materials (3) Dismantled or relocated equipment that has been in "hazardous material" service must be ijentilied by tagging or other physi cal marking (4) Solvents for cleaning purposes must be varsul, or other approved materials. (5) High boiling point materials {above 700*F) from catalytic cracking operations or other highly aromatic or tone materials are hazardous and precautions must be taken to prevent breathing ol 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 (PUD or Mechanical Operating Practices (MOP) must be followed when working m areas where lone 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 30 psi. (3) Compressed air must not be used to open plugged sewers. (3) Compressed yard air must not be used for breathing purposes. Sit q Warning Signs Caution and warning signs must be obeyed including use of speeded protective or safety equipment. t. 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. (2) Full cylinders (eicept chlorine) must be stored and transported in vertical position with caps on Chlorine cylinders musi be transported m (he horizontal position Sepa rate oxygen cylinders m storage from fuel gas cylinders or combustible malenalsfespecuUy od or grease), a minimum distance ol 20 feet or by a noncombusnble bamer at least five feet high, hav ing a fire-resistance rating of at Jeast one-half hour. (3) Holders, chains, or keepers must be used to prevent overturning. (4) Empty cylinders, except acety lene, may be stored and transported in a horizontal po sition Acetylene cylinders must be semcalat all times. (5) Cylinders in a vertical position must be secured with a suitable keeper while con nected to equipment. (6) Pure oiygrn and chlorine must nol be allowed to contact hydrocarbons in any form. (7) Rough handling of cylinders must be voided. (8) Oiygrn or acetylene must nol be used for testing purposes H-12 wy iwijciajgycnc-jr'i y-jjt tv****1.vyr.*vr>e .*' .J . r L.%. cV ' Y`- -. -V-< ' ify-.>~Tf< w';. EXX 004731 feg&F'V-;:r 4 7=-" JSh-4 ^Vr^'.v-' ^ %:*: "t-rT-r -^y^*C-' -oi y.^i-_4 3 '''~'^"'J`_"-.=5 w^sg -* ^ H^issiuJ -" w 'I T3 -'^?--.i -`~r ria^^.d x&Mr-M "* --aj^^w=gaMa^fcarAapac.F^ -- (*) Hazardoutcompressed gases mutt noth* released into enclosed I paces. (10) Compressed botllrd |;iti mull not k uud to dean floth inn or personnel. (11) Oxygen or acetylene cylinders mutt not be taken into enclosed spaces except into storage tanks where door theft has been re moved. (12) Repair of leaking comp retted get cylinder! mutt not be attempted. If cylinder can be moved, move to a tale location and allow to deprettune itself. If it cannot be moved safely, clear area and allow the cylin der to depressure If the cylinder it chlorine, evacuate the area and initiate procedure out lined in MOP-C4 If Irak intvlvff contractor cylinders. Ifir Contract Administrator must br immediately notified. a. Fire Prevention -- Fire Fighting (1) No one shall go to the scene of a fire unless directly involved or assigned to furfighnng activities Others not having operat ing duties shall evacuate the fire area. Con tractor rm/i/nyrrs 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 Euon lire fighter. t. Working In the Vicinity of Electric Line* When it is necessary to operate cranes or der ricks or perform other work within 10 feet of open electric lines (measured radially), the Maintenance Supervisor must consult the Utilities Chief Operator ar the Contract Admints- tratnr in the cev nf cmtraetrr n<vl to deirrmme whether the electric lines can be doenerpied No work can proceed unhl the electric lines have been deenergized or until guard* have been installed Install approved guards when it ts necessary to install guy lines across any electnc lines to prevent guy lines from coming m contact with the electric lines All work on open electnc 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 lor flammable liq uid) safely cans with flnible 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 authonrrd containers or drinking foun tains. w. Asbestos Cement Roof When installing or working on an asbestos cement roof, workers must use a spreader board or roofer ladder to distribute their weight over a minimum of two purlins TRAFFIC SAFETY REGULATIONS Unless covered by a specific regulation in this Safely Manual, traffice regulanons lor sjle driv ing inside the Refinery are the same a* the regu lations of the State of Tews Motor Vehicle Laws 1. Equipment and Identification Required on Motor Vehicles All motor vehicles in the Refinery mut be in safe Operating condition When entering the Refinery. 11-14 >5, y p"*y - 'X ***C- V^*r**;: l-'s.'. * *r * '** *'* .***? :r *&?$~ -S\ ... T' EXX 094732 . Ec *V- .*r'7r~j ,<! . ( -ii"_. 1 v. ---^ %_7 cVr vo--1 - -' _r> *rr* tt'^C**-*- '.* -T1 -.* -r ,va3 r-- v-S! ^T. T" *79>* -Tj.- '-. '-C- ^ iIrLl ) a-'-f -"V. "Zris?i S' F^*\ y' Er-Y"~> '*7*0*^ r * i /ttv*.* - i) . -" > - *-.; CT!'.: r-^V, - f- v "(-! .'-Tis , r` -^r,--r?~tr> ^r- \ `*r'-*-^ - ell non-company vehicles mull display a valid stale inspection sticker on the windshield As * minimum, the following equipment must be in proper working condition for the vehicle to be considered sate (a) brakes, (b) lights -- two headlights tsil lights, brake lights, (c) horn, (d) muf fler. (e) safety glass. (0 windshield wiper and rear-view mirror, and (g) rum signals Vehicles having dual wheels must be equipped with suit able flaps on each dual wheel so that objects will not be ejected past the flaps to the rear when the vehicle is in motion Cunl'iclon" uljproinlled. rvfocr-lir.-JnfuijiHv-ut must flair contractor's name or insignia prmnitiantly dispfeyi-rf mi belli sides of the vehicle. 2. Driver's License Persons operating motor vehicles 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 vehicle. 4. Traffic Signs All n-affic signs and signals, whether fixed or portable, must be obeyed, and drivers must coop erate with owner's sccunly officers and others appointed to direct traffic. 5. "Road Closed" Signs Areas blocked by traffic barriers andfor "road closed" signs are closed to all traffic Follow pro cedure specified in PU1-S5 for blocking Refinery streets. 6 Speed Limit All vehicles must be operated within the Refin ery's maximum speed limit of 30 miles per hour, unless a lower speed is potted. IMS 7. Driving and Parking Vehicles mutt be dnven on the right ude 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 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 Vehicles must not be parked so as to block or interfere with the use ol fire hydrants or fire equipment I. Right-of-Way All motor vehicles must give the right-of-way to pedestrians, ambulances, fire-fighting equip ment and firemen (who will be identified by dnving with lights on and horn 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 vehicles 9. Passengers .Passengers must be limited to a reasonable number so that vehicles will not be over crowded. b. Drivers of motor vehicles must not permit passengers to nde on fenders, running boards, tops, or bumpers of motor vehicles Passengers must keep all parts of thrir bodies inside the car or body of vehicles and must be seated while vehicle is in motion. e. Drivers of mobile equipment must not permit passengers unless special accommodations nave been provided. d. Passengers must not get on or off a vehide while it is in motion. 16 [ L~ ..r 'i! I;* *. ' -- -- ^.V-J. Ly *-v, ...... ' ^ -If. . "r m I k ; V `" *. ' . .. 'r. yVr * *- ' - r ................. 'i* I,---**'..r.. '- &:. -v>s ''r . ; `*-r- ' K - W . ../T-v.7- "."Jls. . .. EXX 004733 - //" w i G'ac'.?^iii:5srt^ i^-y-'^5'-** i-^i;ffc? ,. _v2V J;' ''^^'rVr~v ^rClj fe^'j--35$* 10. Vehicle* Prohibited Motor bicycle* or motorcycle* ere not permitted in*idr the Refinery ecept to end from the desig nated "motorcycle only" perking areas provided neer gale* Cemperj end recreational vehicle* ere not permitted in the Refinery if loaded with gear or if they ere otherwise difficult to injpect rrcMurieed fuel conleincr* shell be disconnected from refrigerator*. stove*, etc., when e cemper or recrrsttonel vehicle is in the Refinery. 11. Vehicle Entry Into Processing Are** Vehicle* must not enter processing err**, includ ing tenk firewall*, without the permission of the Chief Operetor or his designated representative. EXCEPTION: Roedways through processing area* where entry is not prohibited by a sign or barner may be used without permission of the Chief Operator. 12. Windshield or Window Obstruction Vehicles having nontransparent materials that in terfere with clear visibility through any side win dow or windshield musl not be operated in the Refinery All vehicles must be equipped with ad equate rear-view device*. 13. Failure To Comply With Regulations Any person may have his in-plant driving privileges canceled or be subject to disciplinary arhon. or both, (or failure to comply with these traffic regulations or for the improper use of his vehicle. fc: 1C'. ~ -j-f -v .* .. .*.> .. - ysTi.1 r. ,#4 ./* 177 1,^^, JUir EXX 004734 V f- ,f*/..rC v* ='' - 4 _ v-__V IV r^s^vaTM'A* ^ pfips r* - * *2\i-S v^ __- J ' -*V* T1. * .f6 W* *S - -,-C- --*,; r^vy ->r- . . ___ r-^-5^: &-.xif'*>v j? *< gssSssq *> ^Jr^S?.-.'..* aXCv^ri-5v **- ^g^f*7i ; j-^f'~i 'T->-t v W..'r->>-\. iC^c'ix'T'T'- Section 3 CONTRACTOR S SAFETY RESPONSIBILITIES PURPOSE 77ir |'iii]w of the penonml and equipment safety rrjufalioiil amtaini-d tn this Section H to wl mil safety rr.jiim'Ftun/j for eonl'aetoes. tohnli art; hi addition to that untamed m u/firr trt In'iU of lint manual Each contractor must laic any additional ptecautsms neces sary or /itifirr under the ciu'umslanus to prevail in jury or Jcatli to per>Jui or damage to property SPECIAL DEFINITIONS 1. Owner - Tor pu quest* of time safety refutations, "owner" shall mean [ison Company, U S A la divi sion of [non Corporation). 2. Contract Administrator - The person assigiwd by the miner to assure contractor adherence to the contract provisions 3. Contractor - The ftern that has been ruutraelesl by the [noil Cum/ony U-S A. to perforin uvrl at the Baytown Refinery The term atm includes thorn firms employed as Subcontractors to the prune amtraclor. d. Maintenance Supervisor - The Mirhaniiol per son, either [nen or contractor, who has the authority to sup rvise the Mivhauical uvrl crew and the res/suiSibdity for their nsiri execution As used in this sectun, the Mnnilenoncr Supervisor refers specifically to the contractor first tine supervisor. RESPONSIBILITIES 1. Contractor, as an independent contrailor, is re sponsible for prforming wori under the contract in * healthful and safe manner including protecting the safety and welfarr of other contractors and the owner's personnel and equipment. These reputations are lu hr considered as an addition to any safely rules or repu lsions of the contractor. Neither compliance with the m-s reputelurns by contractor nor owner's approval of any actions or procedures of contractor as providrd Ibrrrtn shall relieve contractor of its oNigahon always to use due care m performing uvri . The evulrachn rs raponsibte for informing ha employees of the required Safi ty rules and that the cmployecs adhere to said rules. b. The prime Ciuilroetor ts responsible for assuring compliance with these rtgulatwns by all subeonlroetors and their euiphyeeS Contractor must notify its employees, its subtonlroelors. and the cm/deyres of its siiUoutiactors of Ihcsi' provision> of the regu lations and shall SiTure compliance Unrewilh by ill Such parties, and contractor must not allow any of Such persons to begin uv<l inside the Bayl.'icu Re finery unlit such notification has bon gioen them. C. Contractor must obse-rve and comply wth the Ti-ibj Occupational Safely Act IArticle Slila. V.C.S I and lril/l all safety and health standards promulgated by the Se'e'ehiry of LbN'F und- r SiTlou JU7 n/ the Contrail Wo'l Ilnurs ind Standards Act. publislii-d in 19 Cl ft Tart 1926 and adopted by the Seerelary of Labor as ncihpolumaf snfi ty and health Standards under the Wilhanis-Sleigrr Ocru/anonll Safety and Health Act of 197V. and to any other legislation enacted for the safety and health of amtractor employees. Such saf ty and health standards apply to all sulconIractors and Ihcir employees as well as to the dm tractor and its employees. d. Nothing contained in these regulations shall be interpreted to enlarge the legal duty of the owner to the contractor, his agents, employees, or subcontrac tors. 2. Miinltnanc* Supervisor* are rcsjvnsible for the safe conduct of their jobs end for thr safety of the persons under their direction. Specific supervisory re sponsibilities are contained in Section 1-2 of this man ual. Each Maintenance Supervisor 6 responsible for assuring that each indvidua! under hu direction urn- 1-2 derstandl and adheres to the safety rules contained in Sechon t-2 of this manual. 3. Individual person doing injrl in the Refinery mull assure himself that the wort situation u safe and that he haf the proper instructions. tods, and protective equipment Lath perten must become familiar ui//i and adhere to the safely rutei contained m Serlun 1-2 of thn manual. 4. Contract Administrator will monitor the con trac tor'} performance to assure safe execuIron of the work sprcifrrd in the contract. Hr will, on proper request, assist the contractor in dealing with other owner per sonnel to obtain safety jxrmits and to implement other safety eelated procedures He will insure that all con tractor's Maintenance Supenusors are properly indoc trinated in the relevant safety regulations. PROCEDURES 1. Work Eiecutlon All work in processing areas must he i<rrformrd with the approval of the Chief Operator responsible for the area The Maintenance Su/wisor must coordinate Ins work through the Chief Operator and must keep hrm in formed as to the numfirr, location, and activities of contract personnel. Any work performed after normal working hours and on weekends and holidays requires authorization by the owner. Such authorization will be obtained by the Contract Administrator. 7. Required Work Permit* and Procedures Before beginning any uork m processing areas, an ap propriate permit must be obtained from the Chief Operator or his designated representative. Required work permits and procedures art: a. lectrieal Lockout Procedure - Section 4. b. Hot Work Permits - Section J. C. Permit to Cnter Inclosed Space - Section b. m-3 (I. Open mg or Blinding Permit - SectBu 7 a. Cold Work Permit - Secton $ Other urrk procedure may be specified in specialised work ulwfii>n such as hot tap procedure, procedurefor cleaning tanks, etc. 3. Oil and Chemkal Spill* Any hydrocarbon or chemical spill, whether accidental or otherwise, must he reported In the Chief Operator and the Contract Administrator 4. Connection* Into Owner'* Utilities Sytttm* Pcrmissum must he obtained from Contract Admmtstralor prior to connecting into owner's utility system such as. but not limited to. u<aler, air, nitrogen, and Steam syslcnj Cach connection shall be guarded by a ehrekvalve When taking water from fire hydrants, the center valve must be opened completely 5. Contractor's Equipment 0. Alt equipment brought into the Refinery >v Cimtrarlors must be in safe opera Img condition Aw thonwd Owner /x'Sonnel may at any tune inspect contractor's equipment. Such inspection or failure to inspect dors not relieve Ihr eontractor of ip respon sibilities for the safe condition of id equipment b. equipment must be operated only by properly licensed /imams. C. Load limits for the San foemto Street cnrrpov arc a mainnum aitc load of 32.000 pounds and a maiimum gr,tss lend of 72.000 pounds A tandem aile load vehicle will be ccurstdcrrrt as being a single aile. C. Working Over or Near Water a. Ring Buoys with at least 90 feel of line mini be readily aisnlaNc for rescue ops rations Distance be tween ring hipu mini nnl rscred 200 fret b. A life saving skiff must be immrdiatrlu amiable 114 '.S; * -c - -or- -ZT'nn-p-jrmifznji ,'i-*l ilW.T.'.ffrf j-- ~rrnr-y-m EXX 004736 7;^I*rA--> TJ.' -^-^, rrJ3C.v;*vMK /' )t^vi:r'-' jAtr^v^r"^ ^3- v^'T.w-.-.' ' rt-if*''&27r*&t j* Li-c Tr*ur.a>V,, w-5V^'>v_ * - --_\\r i :rs=^;V5ir?v-j / bulwni iWirrr persons are wvriutg over or d; cm/ un/rr 7. Wort Involving Ut Ol Ionizing Radiation Contratiirs mm/ no/ perform any uvri inivlinng the use of uniting radialum without notification to the Liion Supennsor in charge or the Contract AdnttnistraLir A COLD WORK PERMIT mutt be obtained to perform Hut /y/v bvri in pr,en>mg arras Contractors most cnen^y with "Trias Regulations for Control of Radiation." hihat edition, Texas Slate Defartnient of Health. DirrShm ofOenifiatioiial Health and Radiation Control. Austin. Texas, logelhrr with all future amendments, additions, ami revishms to said regulaturns and standard> Owner reserves the right to conduct inde/mideiil and unannounced radiation en ergy surveys of contractor's equipment and tlieir uses on owner's premises m%gr H^'55vvfe fpci.-^: -_ 4=5-r:"!=ii:r fe^?3*,'5S * V>-"* "i?--'-T-ir' m'. r \ '* r T" HIS mu ll * ' " ' * *' . - Le~i~ * XT TM" -- - x *.*; I ."i T* f ,, .11 ,U,'* | I ( v ' ' ^t ' . 'i . 'i -i`V"S' k'.ia 'V.--' .' '''.'/'i. ;; .' - C_-V-Tjw_. JT.. ';r .--"">: -j.-*'**. ) _' fe . ;7; "'rv.'V^- ti-"T'. EXX 004737 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 electrical circuits or electrically powered equipment from injury or death. SPECIAL DEFINITIONS Electrical circuits and electrically powered equipment do not include (1) lighting cucults 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 energlied. a blue COLD WORK PERMIT may be required (see section 8). RESPONSIBILITIES 1. Process person is responsible for isolating and preparing the equipment lo assure it is in safe condition for mechanical work. 2. Person performing work is responsible for as suring himself that (he equipment is safe for him to do his prescribed work, and that he has tagged and locked out the equipment in accordance with the electrical lockout procedure*. 3. Contractor Administrator H the contractor's con tact U'l th Process personnel for performing unri under the electrical lockout procedure. PROCEDURE 1. Lockout Procedure* -- Before anyone works on electrical circuits or elect netIly powered equipment where they could be endangered, the rv-i electrical supply must be turned oil and locked out in accordance with the following procedures Shul Equipment Down -- The Process per son must shul the equipment down at the local ilart-slop twitch or kxal "Hand-Off-Auto" switch. In case there are remote start-stop switches on. this equipment, he must notify other operating personnel responsible lor oper ating the remote start-stop switches and re quest that a white DO NOT OPERATE tag be placed on the start-slop switches If the startstop switch is located on a control panel, then it must be covered with a section of DO NOT OPERATE pressure-sensitive tape. b. Lock and Tag Disconnect Switch -- The Pro cess person must turn the disconnect switch lo the off position, lock it with a Process lock and tag it with the while DO NOT OPERATE tag II a Process or another person is to work on the equipment, the Process person must use a mul tiple lockout adaplrr. The Process operations lock must be in the position closest to the switch. All Process locks will be identical, and the same key will unlock all of them e. Check Disconnect and Tag -- The Process person must try the focal pushbutton station to be sure the correct disconnect switch is locked out. When the local control station is a "Hand-Off-Auto" selector switch the process person must lock the switch in the "Off' posi tion He must then lag the pushbutton or selec tor switch with a while DO NOT OPERATE tag d. Enter in Log -- The Process person must enter the 'lockout" m the Process log book. t. Apply Mechanical Lock -- Before mechani cal work is performedon equipment, a mechan ical lock must he applied by the person perform ing the work. IV? ij TO- ictus" vri-n in1- w r EXX 004738 y- ,;-"yM'^i'r.rniTt TMfiy^rfc-^pr=: n S, ^Tj'C'Vy __ _ ;*SJa2->w>---*g ^:V~5Ti~ K ^y&Srr- tw?-Ci:. i^^teVCr^p-. r-'-vr' " 'J ---y-' -1 -1 * r-"T*^OCtT` rid s^iSf lik^S^'-' >yV- *y ^rjCr^r.i ;ih-+S. r. ;?tC* .j M^r^VSsi '4 'sZ-ilTL V ' cy per.-" -^*--*-,-- , _ .. ZitJ * 4 V .* * (1) Mechanical Person -- Each Mechanical person who works on the equipment must first add his own lock jnd * nrd DO NOT OPERATE lag on whkh he will write his rvme. skill, snd the date It is the responsibil ity of each person working on the equipment to assure his own safety by keeping his lag snd ndividujl lock on Ihr disconnect switch while he works on the equipment. II two or more people in the same craft are working together on the equipment, only one mechanical lock and red DO NOT OPERATE tag are required. Ilatmilrjiliir i'i/i/>/.iyrrndiung tin' usirt. /it' mint uu- dii Exiiin iifis/iauiia/'ty/e list and tlii- appropriate I'hitrnal Lvi.mt pruvdnres tag nManiisf pinn flic Cnn/Mi't Adminis trator Hi limit writ, mi thf tag hn name anJ the nanir tif tin (jtiiratljr firm. (2) Process Person -- When a Process person is to perform work on the equipment, he must obtain his individual mechanical-type lock and key from the supply in the control room or center and then follow the above procedures m e<l). I. Remove Lock and Tag -- Locks and DO NOT OPERATE lags must be removed as follows' D) Remove Mrchamcal Lock and Tag -- As each person finishes his work, he must re move his own lock and red DO NOT OPER ATE tag At the end of his work shift, he must remove his lock and tag whether his work is /unshed or not. This does not include the onginal Process lock or while DO NOT OP ERATE tag (?) Remove Trorrss Lock or Locks and Tags -- The Process lt<k or lirk must be the last to be removed When the local Control station is a "Hand-off-Auto" selector switch the lock on (his St liclor switch must be the last re moved The Proresa person, after determin- IV-3 mg that it ts safe to do so. must remove the Process lock or locks and while DO NOT OPERATE tags and must notify other operat ing personnel to remove the white DO NOT OPERATE tags or DO NOT OPERATE pressurr-senunve tape from remote startstop switches He must then enter the lock removal m the log book (3) Emergency Lock Removal -- If it becomes necessary to remove a lock by other than the Mechanical person who installed it. only the Shift Superintendent is allowed to remove it Upon removal of the lock, the Shift Superin tendent must send a note to the Department Heads of the Process and Mechanical De partments stating whose lock was removed, where it was located, and why it was re moved. A logo/ the same information must be maintained m the Shift Superintendin'* office. A master key for the mechanical per son's locks must be kept at the Shift Superin tendent's office only. 2. Wiring Disconnect Procedures -- For some types of work, the lockout procedure alone is not adequate. Such work include-*, but is not rrslnctrd to. the following (l) work on fans inside cooling towers. (2) work inside confined spaces containing elrvtncally powered equipment such as miaers 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 must be followed. a. Lockout Equipment -- The disconnect switch must be locked out in accordance with the above lockout procedure in this secoon b. Check and Disconnect Circuit -- After mak ing sure the circuit is dear by checking w.tn a tv-a b unr ViG hr--m rjr ; <*. * >*kC| ?^$2&4 r- -'- `t'Z? i| ^7t5"* .1 *Jt I . ~~^?~;L.-J. '/po- -A-Ti..! r*> gsm** SSTrift^i ^pl .~ -, '-.v g^PPl ttetsr -*?-V i voltage tester, the Mechanical of Process per son must disconnect the wires end Upe them together. C.Tag Circuit-- The Mechanical or Process person must tag the disconnect switch with a yellow WIRING DISCONNECTED tag On the tag. he must note where the wiring is discon nected and must sign and date the tag d Remove Lock and Red DO NOT OTERATE Tag -- After the wiring has been disconnected, and taped together, the Mechanical or Process person must remove his individual lock and red DO NOT OPERATE tag unless he must do other work on the equipment. Do not remove the yellow WIRING DISCONNECTED tag *. Wiring Reconnect -- The Mechanical or Pro cess person who reconnects the wmng 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 WIRINC DISCONNECTED tags. If a contactor rmpfiyrr rs doing the work, lie must obtain the required lags from the Contract Administrator and follow the ahmr wiring disconnect procedures a through e. Hr must also include on the tags the name of the contractor's firm. 3. Abnormal Condition Procedures -- Condi tions may etist that appear normal but actually are not The following are etamples 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-5 one out of several motor-operated valves (MOVs) supplied by one circuit breaker, and (5) a switch e off and tagged out but a separate circuit is sftD supplying power to the switch housing for con trols. lights, heaters, etc. Application of Orange ABNORMAL CON DITION Tag -- Before a Mechanical Person leaves electncal equipment with temporary wir ing connected or with any other abnormal con dition eiisling, he must tag the equipment with orange ABNORMAL CONDITION tags, he must place one tag on the outside of the equip ment and one insideon the winng 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 controilor rnr/'/nyir is doing the risiri. he must obtain the lags from l/ir Contract Administrator and /'merrd according to a and h In addition, he must also include on the tag the nameof the contractor's firm b. Removal of ABNORMAL CONDITION Tags -- The tags must remain in place until the equipment has been returned to its normal condition. The Mechanical person who re moved the temporary winng 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 duect-connected Process equipment from m|ury or death. SPECIAL DEFINITIONS I. Power Lines --Those electncal lines that rad ate fV- >_ V, ii-'V-S3 \" I ^ >/ m r* : , n*. ~ i rrvn".^iierire.*"*m EXX 004740 ~Lj^."-'~tt *,'-J'isi.-^t? -~r*i.- .^L-^r ^5sK2 L^.% ^r-:^wr-0^r>. ..* ^^v.rr,*x-z `%a.M x - -Vr>"-> ^V*~ >--i ^ zm k*, c^v-^* -r* *% \irz2~sl's&i'4"'* 'isft -7j73 >'J JZZiJZ'er.^nT-p2ZT*V' |--;^r^t'3 from generating stations and distribution substa tions. 2. 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 electncal 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. 6. 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 returned to service and foe de termining that the lines to be worked on are deenergized and tagged out. 2. Process Chief Operator or Hit Designated Representative is responsible for the removal and return to service of direct connected process equipment Hr is also responsible for requesting the Utilities Chief Operator to dcmergiae the cir cuit serving the equipment and tag out. 3 Utilities Chief Operator is 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 u sale (or IV-7 him to do the prrscnbrd work and tha t the foUow ing provisions of these procedures for which he ts responsible are earned out 5. Power Plant Process person is responsible for removing from service and returning to service power lines to be worked on and (or property lagging PROCEDURES T- 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 m 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 parorular power lines from service. If a cuntroolor myloyrr o fr> Imrl ini piut-r /tins i>r duehctrial uirl on Prurej equipment. IIif Contrail Admmttraior must make the arranfiiiiivti far rernovmg tin hint from scrvicr anJ for retu rumf them to service 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 d Ueel -connected Process equipmrnl Irum service. e. Check Circuit Removal before Work Be gins: For power lines, the Utilities Chief Operator, Uie Electrical Maintenance Super visor, and a representative of the group actu ally doing the work must personally observe that the line has been removed from service by tv- h^^k% '.^HsrwPTP' ^r"':7v w-- l. ,T * > ** ** - t.v.*--'ivv ---.r-- *. EXX o0n04741 asgis^ass >r.^Si^te^ama?: T-rr t-l-v ~_5 'rj gl^gSES;? f* --. - -* c.-** kri^xw-C-* y; - 7 r^P^n .*rr >uZi~2 *t&r2l?$ tsj w? fsB&fca *--- -*r*~ VJS/afLA lowering (he circuit breaker or opening the dis connect switches st ech substation and power plant involved They must then tag on the equipment by atuchtng the red IOWER LINE DISCONNECT Ugs filled out and signed by the Utilities Chief Operator and signed by the Electrical Maintenance Supervisor on the equipment at each substation or power plant involved. If work is being done on a line by more than one group, then each group must 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 Operalor will proceed to the site of the direct connected equipment, where he will meet the Process Chief Operator or hi* 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 sign a red POWER LINE DISCONNECT Ug and personally give that lag to the Utilities Chief Operator, ven/ying the equipment is ready for lagging on. The Uolities Chief Operator will keep that tag. and along with the representa tive of the group which will actually work on the equipment ne must 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 switches. They mutt then tag on the appropriate circuit breaker with a red POWER LINE DISCONNECT Ug Tilled out and signed by the Utilities Chief Operalor IV-I and the represenUtive of the group which will actually work on the equipment After com pleting that step, they must proceed to the Power Plant and lag on a red POWER LINE DISCONNECT tag filled out and signed by the Utilities Chief Operalor and a reprrsenuhve of the group actually doing the work on the equipment to the remote switch serving the equipment. Finally, the Utilities Chief Operalor and the represenunve of the group actually doing the work will return to the sile of the direct connected process equipment and sign and tag on to the local start-stop switches the red POWER LINE DISCONNECT Ug orig inally signed by the Process Chief Operator or his designated represenUtive. After complet ing this procedure the work can begin. fit the case of contractor personnel thr contractor's Supervisor and the Contract Administrator must arrnni(ieiiv thr Utilities Chief Ol>erator in the in spection and theCi'nlracter's Supervisor along with the Utilities Chief Operator must sign on the dis connect lags. Before any work is done on an open power line up to and eidudmg 13.800 volts, the line must be checked with a voltage tester and a ground chain must be pulled across the line to assure that it is deenergized. d. Return Power Lines or Direct-Connected Process Equipment to Service: To return a power line to service, the Electncal Mainte nance Supervisor must personally report to the Utilities Chief Operalor that the work has been completed and accompany the Utilities Chief Operator to the substations and mam power plants and property tag off the power lines by signing and removing the red POWEfl DIS- IV-10 V* JC T'.r sry-a--i--w f t%- f' - V-.. d ;V . e, h-.- -v. - "/ -*;**/. * --* * T . . . a.e L> . U ' * ^ m * ^ * w Vy .. S * S ,, ** /-C m-- r > - ` 'v,*-, *-:i f * *V EXX 0474e >** >J^`-W>SV*.i ,*, ^5V\' ^^2 '-jT-jr rT^i ilpf fcif Uvl 7- ""JJ- ^-* '^^r&r- ~.nir-----r** w . ^.V * -T*-i! tvTW. v - . W** *S3c. W- P1. ; T KtvSr-.-o'#. /J . T-t* _ g3^ w r*.-"5 =>. v. Ul CONNECT lags at the electrical substations and *( (he rum power plants The lines may then be energised by (he Power Plini Proem Operator. In Ihe cate of direct connected process equip ment, (he Process Chief Operator or his desig nated representative mutt report to Ihe Utilities Chief Operator that the wort has been completed The Ublitiei 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 Ihe Pro cess Chief Operator or his designated repre sentative who will tag off the local start-stop switches by signing and removing the red POWER LINE DISCONNECT tag 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 (he group actually duing the work must then proceed to the electrical substation and prop erly tag 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 Ihe tag off procedure has hern completed. In the case ttf Contractor i>ermnnel the Contractor's SuprniMir end tlir Contract AJiwni>tralor mutt accompany the Utillin') Chief Operator m the in spection and the Contractor'i Suprnitmi atony ii'tlfi the Utilities Chief Operator moil sign off the dis co*nicer /g>. tV-'M 2. Procedure for Working on or Adjacent 2400Volt Power Lines a. Tag Power Lines -- Before beginning work on live uninsulated 2.300-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 Ihe 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 Ihe switch or switches controlling the power lines In throve of contractor lineman, the Contract Administrator must contact the Utilities Chief Operator. b. In Case of Circuit Trouble -- In Ihe event of circuit trouble at the jobsite, the Mechanical Supervisor must immediately notify the Power Plant Process person. In rfic raw of contractor Inn-man, the Contract Admin at rator must contact the Puuvr Plant ProecSi permit If any switch to which a lag 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 of Tags -- Upon completion of the job, the Maintenance Supervisor who made the original request must notify the Power Plant Process person to remove the tags In the case of contractor lineman, the Contract Admnmtrator must contact the Power Plan t f'naoi permit IV-12 004743 *' aoaui^tfaUMiAiiiUMHKfa DO NOT OPERATE * A ^ OPERATOR i Red Lettering * On White Tog Red Tog ^ DO NOT OPERATE* C' WIRING DISCONNECTED DO NOT OPERATE Yellow Tog Yellow Tog ^oN cautIon *l*IOi| 0*iC O* i*m cmctji Red Tog Orange Tog '***'. *.r. EXX 004744 :fi Section 5 HOT WORK PERMIT PURPOSE The purpose of this permit procedure is to protect personnel and equipment from fire* and/or ex plosion* that could result from hot work per formed in a hazardous area. This section outline* 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 PERMIT is required for all hot work. SPECIAL DEFINITIONS t. Hot Work -- Any work requiring the use of burning, welding, or brazing equipment, explo sives. open fires, portable gnnoers, unattended internal combustion engines, concrete busier*, soldering irons, noneiplosionproof electric motors (including motor chipper*, drills, and taws), noneiplosionproof floor or string lights, sandblasting, explosion-actuated tools, electric hot plates, or any other flame- or sparkproducing equipment. EXCEPTION: work on energized mtriniscally safe circuits, electrical instruments and electrical power circuits covered 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 prepaid for tapping using conventional construction methods. RESPONSIBILITIES 1. Chief Operator is responsible for 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 all necessary safety precau- VI tons have been completed prior to the Chief Operator signing the permit. When hoi work is to be performed on equipment ssmg through or tdjicenl one processing tret. I controlled from another, the Chief Operators from both processing areas are responsible for issuing the permit. This rule applies if the hot Work to be performed is within approximately SO feet 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-pruccssing area adjacent a processing area both the Chief Operator from the adjacent processing area and the Basic Equipment Owner of the non-processing area or hts authorized rep resentative are responsible for issuing the green HOT WORK PERMIT. (Example road work adja cent a process urut.) 2. Maintenance Supervisor is primarily responsi ble for 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, also that hot work is confined to the area covered by the permit. 3. Safety Permit Inspector is primanly responsi ble for making the required gas tests and expect ing the jobsite for compliance with all applicable safety rules and standards. 4. Mechanical personnel performing the work are responsible for checking the green HOT WORK PERMIT to be sure it is current. valiJ. and prop erty signed by the Chief Operator. Mrchamcal Supervisor, and the Safety Permit Inspector If any of the signatures are missing, work must not begin. 8. All persons at or near the hot work site must be constantly alert (or any condition that coold make V-2 JfO t w |i^i lj- ' WAi' 'i.'si -tl . * r ' *-'j a. U. ,^/t1 >".* ' "`nr V *t. * 1v X _-r - EXX 004745 . f~~a^I .* J- t* 1* ^**r --'.*' # JT"*.| v.-T J - '^_-'^>-Vr^`'4 l&34a 5-. * ^ ^ -* - - . S *--_-*r"^k-'T ^ <-- rr , * T=- -: ^Lvn^vt-v ^.*r\^XV^;-r v-^`'-*v*r,i-'T 'A'". - - * '*0? / . _ * -;.. SS?3?^C/? & .Ksr; rL-r-' r.- . 3*,sr!f?*}&3yzi rn'nfflcii hot work hazardous H such * condition develops, 0 hoi work and machines mull be slopped at oner. All personnel mult immediately vacate the area and notify Ih* Chief Operator or the nearest Process person of Ihr hazardous condition The green HOT WORK PERMIT is no longer valid and mull be removed All persons associated with the work mult be notified Before work nvsy resume, a new green HOT WORK PERMIT must be is sued. When Mechanics! personnel lesve Ihe job (luch *l lunch break), they mull check to see trial 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 Ihe hot work to be per formed as well 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 Hof Work -- The Chief Operator will work with Ihe 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 Ihe Safety Permit In spector is called. (1) Clearing and Blinding -- Check to make sure all blinding and clearing of equipment necessary for eiecurion 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 white OPENING OR BUNDING PERMIT must be dorie V-3 in accordance with Section 7 of this manual (2) Remove Flammable Material -- Check to make sure that no f tammablc liquids or solids are spilled or trapped in or around equipment at the site of the proposed hot wot\. (3) Prepare Sewen -- Cover all sewer catch basins and manholes in vicinity of hot work Catch basins containing flammable material must be flushed with water before covenng Also, check for and seal off sewer vents in the area that may present 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 ruddy acces sible (5) Provide Fire-Fighting Equipment -- Make sure that adrquate fire-fighting equipment is at Ihe |ohsile At least one fuJIy charged fire estingunher of a type and size designated as suitable must be provided where hot work ts to be performed (6) Make Surrounding Area Safe -- Check surrounding area for possible release of flammable vapors in the hot *nrk area Such things as safety valve discharges, leaks from pumps and-or compressors, valve packing leaks, etc., must be identified and necessary 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 he issued, the checklist attached V-4 r--, -- 4 W-^--- -~v '- T-O -------- -v'i -KiY -j r. . .V*." . -C - EXX k00474 to the above mentioned standard mud be complied The Chief Operator mull make ture that hit Operating Supervisor Kit approved die work lo be done and to nolf in tne apace provided on iKe back of the permit Alto, he mutt tee that the Mechanical En gineering Department Intpector hat checked (or adequate metal thicknettand mi Baled die apace provided on the back aide of the tag. () Check Other Work in Area -- The Chief Operator mutt check for active while OPENINC OR BLINDING PERMITS in the area of the hot work. A HOT WORK PERMIT mutt not be ittued if work attociated with existing white OPENING OR BLIND ING PERMIT could create a hazard by spill or gat releate All opening! from which releate of flammable malenal could occur are to be contidered hazardout. The area of concern mutt cover the geographical limili where there it a remote possibility that tparkt from hot work could come in contact with flamma ble matenalt from any opening If tuch a possibility exittt in the propoted hot work area, the white OPENING OR BLIND ING PERMIT mutt be killed The green HOT WORK PERMIT thall not be ittued until all opening! from which flammable material could be releated are blinded, and the area is cleared of flammable liquid or vapor. (9) Provide for Overhead Hot Work -- When hot work is to be performed in overhead loca tions a tuliable method for catching hot metal, electrodettubt. etc . mutt be provided where these materialt would cause fire hazard or when they would create a safety hazard when work it going on below. (10) Safe Location of Welding Equipment -- When electric welding is lo be performed, the ground trad connection mutt be at- Vi taehed al a point witmn the arra covered by the permit The welding machine muti be in the same arra or an adjacent arra approved for nonrettneted movement of motorized equipment. C. Filling Out Creen Card -- After completion of all items covered in b above, the Chief Operalororhit designated representaave mutt double check the hoi worksite. He and the Maintenance Supervisor will determine if a Standby man or other special precauhons 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 inspeci the site to make sure all necessary work and cheeks have been completed His signature on the green HOT WORK PERMIT indicates he checked the work area and agrees all a safe for hot work . Safety Permit Inspeclor/Chirf Operator Sue Inspection -- When all is considered ready by both the Chief Operator and Maintenance Supervisor, the Safety Permit Inspector shall be calUd for gas tests and a final inspection of the worksite. The Safety Permit Inspector shall per form gas tests for eiplosivity and or oxygen deficiency and'or toxic materials depending on the nature of the |Ob ThrSafely Permit Inspec tor and the Chief Operator must inspect the site together before the permit can br 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 ran begin. f. Permit Duration and Disposition -- Before the green HOT WORK PERMIT is issued, the v ,*-- v TUBi'>r"r'u" ' Vi * < -- ' V--1 - o ivc-i r i i* . .v'; r. l W EXX 004747 -aer**-- ** "^v. ^-&r^r-;, S.r'yssf/3S r, i-TC'.r'T i "T^-} 'tfie+Zjztt i" asssss - --*-"'*w*J;2>r ' _ *^ea;s;vj`Ja ~5r~-zr :>r '^Crr^r^ay^T1,-; /f? a > * vy--. - ' -__.. ?-r.--`JS % X7J '3V*. w Chief Operator. Maintenance Supervisor. and Safety Permit Inspector must agree on the expiration time and note tame in the space provided on the permit This decision on duration as well 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, ft can be continued into the neat mechanical ahift 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 must not brgin 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 PERMIT is is sued: (1) the cardboard portion must be placed in a conspicuous location at the jobsite fey the Chief Operator or his designated rep resentative; (2) the original copv is to be given to the Safety Permit Inspector tor 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. Roth copies must be retained for at least 24 hour* after expirabon and then discarded. V7 (7) "Drop Card** -- For some jobs where hot work it in an area where there is no nearby equipment in flammable or lone service or m offsite areas where there is virtually no chance of hazard from flammable or loir materials, a "dropcard" may be used Exam ples of such |obt are fl) work in a unit that contains no flammable or lot* materials, (2) work in or ad|acent a cleaned tank where no other tanks or equipment are within the same firewall, and 13) w ork 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 job 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) fob Completion -- Under certain condi tions. a green HOT WORK PERMIT may be issued for the /ob duration In general, it ts when the job renditions at and surrounding the work area wilt not change and create a flammable or toxic material hazard Exam ples of such jobs are (1) construction of a new Process unit, f2) a field pipe Fabrication shop in an open arra. (3) construction of a new tank in an open area, and f4) 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 ongmal on f ile and the carbon copy must be kept in the Proces* per mit file. The Operating Supers isor must ap prove all job completion permits including contract /ohs V4 wv ET". '-J mrr j1 EXX 094748 -%t.4v 7* V--**- -- . ?vg^r:; -. vi *.j_ ,, - _*t- - --.. . * -y IS -A. --*^" ,, r -.* -~.'.\>~.-j^ .' rr'*--* 'J r^.n^r-T'. Ce=" '-'i`-J` SI". .- >- r*- r*` '-^'S- - 9 Hoi Work Authorization -- Only alter all of the above items have been completed and giean MOT WORK PERMIT has been signed by the Chief Operator, Maintenance Super visor. and Safety Permit Inspector is hot work authorized. After ihcChiel Operator or his des ignate representative has personally hung the carboard portion of the permit in a conspicuous location at the (ob site, hot work can begin 2 Marine Docks -- For pcrlormtng hot work on or under Marine Ducks, all provisions pven in the basic procedure aS>vc shall apply In addition, the follow ing work shall he completed and chocks madebelure a green HOT WORKPERMfTcan be issued Safe Tide Level -- When hut work is (t* be performed under a dock, the tide lis el must be beluw any pipelines at the water level to prrvrni trapping oil between the pipelines, thus eliminating a possible source ol combustible malerul b. Avoid Falling Materials -- The hot work area must be isolated to prevent molten metal and'or any combustible material from falling 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 dock. d Secure Coast Gutrd Approval --TheDocks' Operating Supervisor must secure approval ol the Houston Coast Cuard Port Captain prior to any hot work. 0. No hot work can be performed on any dock while a ship is berthed at that dork. EXCEPTION: At Duck No 1. hot work will be permuted ISO led or more from vessels han dling materials with a flash point of above 150F. V- 3. Enclosed Spaces -- For performing hot work in enclosed spares, all provisions given us the basic procedure above apply In addition, the following work musl be completed and'or checks made be fore a green HOT WORK PERMIT can be issued a. ObUin 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 (he enclosed space. A yellow PERMIT TO ENTER is required to initially enter the endosed 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 m effect. b. Other Requirements for Hof Work in En closed Spaces -- After entry is made into the enclosed space, applicable portions of thr 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 tn Enclosed Spaces -- Cylinders containing any type of flammable material must nol be placed in an enclosed space where hot work is to be done EXCEPTION: In storage Links where door sheets have been removed. . (2) Thoroughly Gean--The enclosed spare, including all internals, must be thoroughly cleaned and made safe for hot work This includes freeing the container of all flamma ble gases, liquids, and solids as well as men atmospheres and tone materials (3) Provide Adequate Ventilation -- A fresh air ventilation system must be provided and shall be adequate to remove fumes and gases created by (he proposed hot work If ade- V-10 -M T EXX 004749 * v * . S-? .--V ^ > 2?:S;53- ^->5. ii-^--V rr-; . -c*"-?T ' ,.C^.- : V`---J /'-; * .5 '4 .r-r J r^-rTri- *s/ quite venrilation is not possible, suitable re spiratory protection must be used. SPECIAL REQUIREMENTS 1. Wori on Tank Car* -- Hot work must not be done on tank cars while located at a loading rack. S. Venting Hollow Equipment -- Before burning into or hearing any hollow vessel or equipment such as ball floats, 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 (unlss 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 andtor burning in an enclosed spare, the hoses must either (1) be remov ed horn the enclosed space or (2) disconnected at the regulators at any time when posinve ventilation is discontinued. A torch or other gas-consuming device must never be re moved from a hose while insidea 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 regulator*. 4 Establishment of Smoking Permits -- Requires wntlen approval by the tppropniir Department Head Procedures for obtaining this approval are given in the Mechanical Operating Procedures Manual (S-13) and the Process Operating Practice Manual (S-6). 5. Hot Work by Procet* -- 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. otsrur HHMrrf \ at jot wt \ HOT WORK PERMIT (H0eOhA*ir t/s> Arrow* afimf * " " 4Wf<ial iveex^J * (w **( rmm Mi; Off bm ( < C>een Tag *m k-vT^v^fv.^'* EL^n ^ -JL'/> .vT -j '* /." ^5%*` / p*r'^\ . I J -o-- - - Trsepsyc-i-is* ; - S- , j/; . ' si.,1. r';'TT'c'.' v- f- \ -*- V-M - ... V . :v *r V .* .___ --i.s . exx 004730 Section 6 PROCEDURE FOR ENTERING ENCLOSED SPACES PURPOSE This procedure is designed to protect personnel against such hazards is 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 to be performed m 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 top of the confined space. 2 Oxygen Deficiency -- Any atmosphere Uiat has oxygen concentration of less than 19.5 per cent 3. Standby -- The person designated by the Chief Operator and'or the Maintenance Supervisor to warn persons in enclosed spaces of hazardous or emergency conditions that could affect their safety. RESPONSIBILITIES 1. Chief Operator is responsible for issuing the yetluw PERMIT TO ENTER for entry into en closed spaces in his processing area He or his diSignau-d representative is responsible for insur ing that all necessary safety precautions have Vt-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 ments have been met. 2. Maintenance Supervisor is responsible lor ob taining 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 to indicate his approval of the required saferv pre cautions. 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 maienal levels He will also inspect the jobsite for compliance with all applicable safety rules and standards 4. Individual, before entenng an enclosed space, shall assure himself that the necessary safety preparanons 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 V Entenng an Enclosed Space Without Protec tive Equipment . Preparing Enclosed Spaces for Entry -- The Chief Operator will see that the enclosed space is emptied and purged in preparation lor open ing Process personnel may also ph) sicallj-duconnerl or blind the enclosed space in accor dance with Section 7. VI-2 vr'-w rJ :v~-a >**'*' A- T- - -- w --! v 1 . Z ijai luxtar EXX 004751 L V# 74SSEVP-. ^v2;fr'-U* ^ar*j v-^ **-**- ^s'-&zli&irr-sf -'ft-^^iYi-^fiWw fitfhKna 6. Requesting PERMIT TO OPEN OR BUND -- The Maintenance Supervisor will request a white OPENINC OR BUNDING PERMrT from lhr Chief Operator in accordance wilh provisions of Section 7. e. Isolat ing the Enclosed Space -- If not already done by Process, the Maintenance Supervisor will insure that all connecting lines to the en closed space are physically disconnected or blinded at a point as near to the enclosed space as is safety practical Double block valves with an intervening bleeder are not considered equivalent to a blind where personnel boddy enter the space. EXCEPTION: In stram. water, and air service where no blinding points exist, isolation valves shall be chained and locked with Mechanical locks to prevent opening. d Immobilizing of Tower-Driven Equipment -- Before entry, the Maintenance Supervisor will arrangr for electrical equipmenl to be im mobilized in accordance with the electrical lockout procedure. The power supply to other equipment driven by air. stram, internal com bustion engines, or hydraulic fluid shall be blinded or disconnected. *. Cleaning and Establishing Ventilation of Enclosed Space --- The Maintenance Super visor will have the space cleaned and if necessary, place in operation a fresh air ventilating system. EXCEPTION: No forced ventilation system ia 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 A tmosphere of thr Enclosed Space -- The Safety Permit Inspector must satisfactorily lest for esplosivity. orygen defi ciency, and tor* materials 0) Eiplosivity -- Intry wilt not he permitted unless the test indicates a vafr range (2) Orygen Deficiency -- Entry wiO not be permitted unless orygen concentration is greater than 19.5 percent (3) Toric Materials -- Entry wiQ not br per mitted unless test indicates a safe range Additional checks are to he made a< work proceeds in the enclosed spa^e if a po**'bilify of release of fumes or depletion of orygen exists. 0 Standby Requirement -- A standb) must be required and noted on the yellow PERMIT TO ENTER when the Chief Operator and or the Maintenance Supervisor determine* 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 location at [he jobsite and file the original paper portion in the Process permit file. I. Permit Duration and Disposition --A yellow PERMIT TO ENTER wifi have the same re quirements for duration and dispcnition a* a green HOT WORK PERMIT eicrpt that no "drop card"type permits will be allowed. Job completion permits will be allowed pnjvidid T> y* V *V ' .*1 f-GC-tSZ* 'Ti**~ J &<*-*.S7n^J . fe ' -*=--T, o-- T3 C^r*j!p^iXh>'*t>J<X. c..- jw| ^^'C^yr'a t> V?*;-~fl ^s^s ^Hw??;,. 4- <r * ' .* **<**i^r .rr^ *=7 V J8$3m F<.5s?-St IiZS^p?'} S'r.'rfi'/frV.-i; jS^sftcv, work it the enclosed space is continuous 3 Entering an Enclosed Space with Protective Equipment Enclosed spaces to be entered with protective equipment must be emptied, deaned of hazard ous 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. e 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) Eiplosivity -- EntTy will not be permitted unless the test indicates a safe range. (2) Oxygen Deficiency -- If oxygen level is below 19 5 percent, entry will be permitted only with a pressure-demand, hose-lme 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 -- All per sonnel entering enclosed spaces must wearprolectjve equipment appropnate for the hazard involved Use of respiratory masks and other protective equipment (such as rubber suits, goggles, gloves, etc.) inside dosed spaces is to be determined by the Chief Operator, the Maintenance Supervisor, and the Safety Permit Inspector and indicated on the yellow PERMIT 10 ENTER permit The cardboard section of the permit must be posted at a conspicuous location ai the |obsite. In the case of oxygen-deficient atmospheres, pressure-demand, hose-lme air masks with self-contained life lines must be Vt-S used and Operating Supervisor approval ob tained for entry. A standby Is required when personnel are re quired to wear pressure-demand, hose-line air masks inside an endosed space or the sifuJOon b such (hat outside warning is necessary Scon 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. 3. Duties of Standby a. 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 m handling ma terials, tools, messages, etc. Evacuating the endosed space in case of fire or disaster alarm. f. Being well trained in the operation of re spiratory equipment and administering of arti ficial respiration. g. Maintaining an adequate air supply. h.TTie standby should never attempt to enter the enclosed space even in an emergency until help has arrived. Vi-* a ***> *-t . ^i, -^ ; ^Lry-X W' j J--r ^J^~- y.' ?\fs&zsrr'i .<S- ~ v;* -'^.>1 'V 'j'"* A-***' * vV',. . ._ -n'o -_.~-*^rS3 Y. 38 .^t*ivr-\:e:-`l .=--.>-JH w-> -. i r? '*. * - .-jT'-^r^c . r " e . , I^L _ SPECIAL REQUIREMENTS 1. Entry to Fnpm for Hof Work -- A yellow PERMIT TO ENTER is required lo imnatlv enter an enclosed space where hot work is to ex per* formed Once the necessary requirements have been met nd a green HOT WORK PERMIT has been issued, no yellow PERMIT TO ENTER is required as long is a valid green HOT WORK PERMIT is in effect. 2. Entry by Process without Mechanical In* volvement -- When entry is msde by Process personnel without merhAnicsl personnel in volvement, the Chief Operator will assume the responsibilities and functions of the Maintenance Supervisor including signing the yellow PERMIT TO ENTER in the space marked1 Maintenance Supervisor. Vt-7 OOfLi r HHMtT J A T JO! UT( PERMIT TO ENTER mo* eout* uti itrre MIA* AT| | -- rf aaaMt iw* aasaasaa s*atiaw am 0 -- -- . 9m am * a. m -------------------------- 9m am 1 r 9m am 9m MT| taw* 4a* m fk* tea* iw*p*w m m amt # Yellow Tag * .'..***a : -2 v: ~.-w- >-.*. i-c r-. .;v>-*-:.s EXX 004754 - ~rr^r'*&>:s-V*-: Section 7 OPENING AND/OR BUNDING PERMIT PURPOSE This permit procedure is designed to prevent codents by insuring adequate communications be tween Process and Mechanical Personnel when opening and'or blinding equipment in a process ing area A white OPENINC OR BLINDING 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 close for mechanical work. RESPONSIBILITIES 1 Chief Operator is responsible for issuing the white OPENING AND OR BLENDING PERMIT. He or his designated representative has the re sponsibility for prrpanng 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 work involving opening or blinding He is also respon sible to see that Mechanical Personnel work within the limits of the permit and that all stipu lated safety precautions are taken Vli-1 PROCEDURES 1. Requesting Permit -- The Mechanical Super visor or his designated reprrsentanve musi 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 (he equipment, and identify all locations to be opened If blinding is required, he must also pre pare a blinding list. J. Blinding Requi rements -- Generally alt opened equipment must be blinded for 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 escrptions are as follows: Pumps -- Minor repairs, such as small pip ing and seal replacement, mi) be performed without blinding provided (1) the suction and discharge valves are tighrfy dosed and lagged With "DANCER -- DO NOT OPEN" tags (21 the case has been depressured through bleed ers. (3) the driver has been properly immubdired. and (4) the work can be complied in one shift. Pumps taking suction on vessels operating below atmospheric pressure must be blinded on the surnon side b. Compressors -- Minor repairs, such as rover plate gasket and 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 tagged with "DANGER -- DO NOT OPEN" Vit-2 - \ .* ' -.w 2'chasC. * r* .1 .. - EXX 004755 1$ iii- -rort^-*-^' >1*3kr < LT'w--i>-n -yre...:-* ^Tr..;.^--^ E`.^:"p-*.-i -ltjv--- ^r ** e- cLr' 'r_>`i ,-^-1 ;V ?* V.-IJ i^-.-'tS^n;-*.' tag*. (3) the case is deprcssured through bidd en. (4) the driver hts been properly im mobilized. (S) the work it conlinuout until completion, end (6) no more then one cover plate end valve it open at tny time. e. Driven -- To perform mtjor work on driv ers. the driven end must be disconnected or blinded Additional isolation must be as fol lows: (1) Electric motor* must be immobilized, using Electrical Lockout Procedure (see Sec tion 4). (2J 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 gas turbines must be blocked by closing the inlet and exhaust valves, tagpng (he valves with "DANCER -- DO NOT OPEN" tags, and depressuring through bleeders. (5) Steam turbines must be blocked by dos ing the inlet and rxhaust valves, lagging the valves with "DANCER -- DO NOT OPEN" lags, and opening bleeders. d. Tiping -- Unattended open Piping must be isolated with slip blinds or dosed with blind flanges. EXCEPTION: Lines in water and air service of less than 100 psig may be left unattended with out blinding e. Vessels -- Isolation blind* must be installed as close to the vessel as safely practical and m a manner to insure that no liquid or vapor can be trapped between the blind and vessel. VSI3 4. Preparing Blinding List -- Before blinding be gins. Process Personnel must prepare a blinding list indicating the size and location for all slip blinds and blind flanges to be installed. 5 Issuing Termit -- 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 limitations and safety requirements stipulated on the permit. When both Process and Mechanical Personsare satisfied that no green HOT WORK PERMIT is in effect and the task 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 |ob 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 aulhonzed 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. B. Blinding -- The Mechanical Person must re cord each slip Mind installed by signing and dat ing the blinding list. At the completion of the blinding list or at the end of the shift, the blinding fist must be relumed to the Chief Operator or ho designated representative. 7. Duration of Permit -- The permit is issued lor one Mechanical shift The permit must be signed and dated by the Mechanical Person and returned to the Chief Operator or hi* designated n-presenla hi e at the completion of the job or ai the end of VM-a giv?';<:?>/-i */ srv c.- tr L*' a. `.i V J v * * *. * e-** ; , " - ..... - T,... ; jn'*l' v AI' i n *V *. , iv * ,k * ' > J v.v. EXX 004756 Ihr shift The permit mi) be extended into the nett shdt by both Proem md Mechanical Honing the extension block No blinding permit shall be valid tor more than 24 hours An opening permit may be issued for duration of turnarounds provided all oil, gas, and chemical lines are blinJed at the unit limits. Removing Blinds -- The removal of blinds re quires another permit unless the installation and removal work is continuous and 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 as 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 dale the cardboard portion and return both the permit and blinding list to the Chief Operator. 9. 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 pu*c o iiMtftc na*n 00=^J17"_ . . ferdf-- :: While Tog VII'} r-ivy 'e ' IJ'- .I .tm.-e' II lie n I l 11 IT :V. -V fs--*** ***' ... ..V: f'--l< u ,r*IT A -* I.'... - - * ' -- j.- t -e -- EXX 004757 t -- r ~J -i_- '-^^>"7 ^Jfc--r4ri *-tr>4-/4 Section 8 COLD WORK PERMIT PURPOSE This permit procedure is designed lo prevent ac cidents by giving Process Personnel control over cold work activities taking place in their process ing arra To insure proper communications be tween Process and Mechanical, a blue COLD WORK PERMIT must be completed before work is started in a Process area. SPECIAL DEFINITIONS 1. Cold Work -- Any mechanical work on pro cessing equipment including work on intrinsically safe circuits and energized electrical instruments and electrical power circuits that does not involve opening, blinding, entering, hot work, or electri cal lockout. RESPONSIBILITIES 1. Chief Operator or his designated representa tive is responsible for approving blue COLD WORK PERMITS He or his designated represen tative is responsible for insunng that all safety precautions have been completed prior to is suance of the permit. 2. Maintenance Supervisor or his designated rep resentative has the responsibility for initiating the blue COLD WORK PERMIT and securing ap proval from Process personnel. He is responsible for seeing that only the work authorized by the permit is performed. 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. VUt-t equipment, and description of work on the blue COLD WORK PERMIT He will then contact the Chief Operator and secure approval before start ing to work. EXCEPTIONS: Blue COLD WORK PERMITS are not required a. When Process Personnel are performing mechanical work. b. 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 Id the process ing area perform roubne 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 d. When Technical. Safety Permit Inspection, or Laboratory personnel perform sampling and'or test work authorized by the Chief Operator. . When janitors perform janitorial-type work in the processing area. f. W/im contractor emplryra tale uori di'Ktxw* from Process Person*W. g. When Mechanical performs cold work in preparation for the issuance of other work per mits on the same shift Samples of such work are covering sewers, hooking up hoses, secur ing fire-fighting or safety equipment, hanging tarps. electoral 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. VUi-2 lV* / .V- *i ` ia'-ehLL- f T EXX 004758 . v> 2 Making Safely Inspection -- The Process Per son drsiunjlcd In improve the permit mull enure himself that ihr conditions at the |ob nit- ere safe for the work Hr mull determine if a gas leil is required and mij make the gal Irsl himself 3 Issuing Permit -- When both Pnrs and Mechanical rrrwni are sah<.fu-d lhal Ihe work ran be salely performed in the area, each must sign the permit. 4. roiling Permit -- The Mechanical person must display the cardboard portion in a conspicuous plane at the |ob site The Process Person must file the ongmal portion m Ihe 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. Ihe Mechanical Person must sign the permit and turn it in tu the Chief Operator The permit must be fill'd for 24 hours after its expiration and then discarded 8. Extension of Permit -- The permit may be ex tended by determining that the |ob conditions remain unchanged and by both Process and Mechanical signing the permit No permit shall be estrnded beyond 24 hours' total duration. Vtll 3 Light Blue x J. >- <r r* * '.O',. ' c - .-r! J .s l EXX 004759 p-1. T- SECTION SECURITY REGULATIONS 1. Parking location* FirUot locations will be deelgoeted Tor each Contractor by <Vn*r. If Contractor dialrn Co park oo Owner's property, all parking shall W la tha let, or art a designated. Posted regulation! (Ovcraln| tha use of tha let ahall ha followed. All vehicles oe Owner's propertjr ahall ha at tha rlak of the vohlelt ownar and Owner aeeapta do reeposslblllty for patat or other dosage to or theft of or froo such ethlclaa. Z. Entrance Gate Owner will designate a gate or gataa for tha uaa of Contractor and for the deliver? of lta materiel and auppllea. Contractor aod vehlclea aarvlng tha Contractor shall uaa ooly tha designated gate for entrance and exit to and froo tha Contractor'a job alto. Contractor shall uke arrangcoenta so that oahlela drivers will know which gate to antor and tha approprlata Job alta location. 3. UaUt and Roadway* Walks and roadwajra will be designated for tha uaa of Contractor when entering or leaving tha Job alta, whan eovlng Iron one area to soother, or whan obtalnlog material fraw Owner. Contractor ahall uaa only designated roadways and walks. Tha use of shortcuts er ooadaalgoatad pathways la prohibited. 4. Contractor Employee Badgei Contractor's employees ahall wear their Contractor's baJge at all tlaes they.art la tbs Ploot. lodges ahall bear tha flra'a name and each badge ahall be ouabered with a different number. Contractor shall supply tha as bodges and walntaln a record of badge nuabere wltb raployeea' oaaea. Eapleyeet engaged for engineering services shell be required to wear badges furnished by Owner showing a Dumber only, lodges auat ba shown to the gate Secur Ity Officer each time any employee of Contractor enters or leaves tha funt. When Subcontractors te tha prime Coatraeter do mot have their ow badges, they way uaa tha prlwe Contractor'a badges. Vheo contract employees aster tha Pleat,(the Contractor's supervisor to reopooolblo for checblag that every contract employee hae'a Contractor bodfa. n-i VU J WnMl?*. ,r T * , .<# >a,sv' r.-ji /t.'s.'jrrr' EXX 004760 .^dsAV* wr-wg^j y - /^ > i 'SS'yfXSJ --Ca-=?-T`'j?-*-< S&SgS &&3r& ^V^-r--AT^fV-vJ 77T ^ * \^3. ~-rv*i -iT\ fetter?*!*, * "/ \ T* > t f"-i' :5','-c",'r-- ~.r~: rv-i^J t*\.r<*r -. ^r*.' V/'*i i^Vg^^-J:JI5 l. Contractor Vehicle Identification Cootracior'e uhlclii ml Utr th Contractor'# asms or loelgola ftoilMetl; displayed, ad lHa driver Buat Hava a Hedge. Such vehicles shall Ha rsstrlctad (a tba uaa of daaltaaiad atraal or acraaca aod Place eotrancs or eaersneet aaatfoad far uaa of Contractor. All aaulparae aa rubber tlraa, auch aa aeblla eranat, bsckhocs, air compressors, welding machines, ace., auac have Cootrsctor's mama prominently displayed aa bath aUtt when Ha Lag meed bp Contractor. t. Materiel fum All tools aad materials that tha Ceatraetor raaavaa fro* tba Pleat ahall Ha accompanied bp a material paaa abtalaad froa tha Contract AdaLnlatratar. The material paaa ahall Ha ceaplettlp filled out and ahall Ha algned bp a drtltoacad representative of Caetrectar aad the Contract AdaLnletrator. The Cootract Administrator retains ooe copy, and the original aod one copy shall accoapaop tha material to the gate. Hath eoplas art to Ha surrendered Lo tha gate Security Officer. 7. Thaftt Owner accepts an responsibility or liability for the thaft of any property or aatarlJLl belonging to Contractor or lea eaploycea. It ahall be the responsibility of Contractor to futolsh any police protection It deeaa necessary to suppleaeot the guard sod patrol service provided by Owner. Owner maintains aa InvestIgselvc service and will caoperata vltb Cootractor by assisting lit the Investigation of all reported thefts within tha Plant. Thefts of property or automobiles froa Owner's outside parking lota should He reportad Le local law enforceakeot off Idols. Contractor may obtain forms for reporting thefts fra wlthla tha Pleat from the Cootroct Administrator. 6amtit Irvg All forma of gambling oro prohibited oo Owner'a property. 9. lustness Visitors, Appllcdhtl, end Delivery Trucks Contractor ohall furnloh Plant Security with o Hot of peroooa who art authorised ta paaa buslneaa visitors, mew employeta, and dcllvsry trucks ts the Jab altt. Plant Security wll 1 obceio author!tatloe from ooe of theao people before passing such Individuals late tba U-l "ic--r- i -> }. ' s '1 EXX 004761 Srs-S^V^r.OT` *-/ *-- *.-- t -- a -T.^c _____ --*vVi. 'I \.'*r-sy-~-r\ -'riSr.'-3^-.-./ 2 f.i *r 2S*i-$$i SsMgS a Tilf v--*- r^Vv--r---- r'i^r; * ''#?'* V'-.-'C'-;.* --' -'* Plant. (pacts! pnlialM ah* 11 be obtained from th* Contract Ad at let rai or to edalt kuilMH i|ioti at safety Inspector* other that contractor tagleyad lata tha float. 10. tabultnct Senrleo Contract or. atioa working la float, atiall aaka as; srrangcarata Contractor deeaa necessary (or aahulanc* aarrtca froe ao outsidt flra. lequeata far aa aabulaeca aha 11 ha called la te 127-5111, eat ana loo MOO. Accldeat loeatloo. aabulanct fine and hoepltnl dtilrrd, a ad Contractor'* bom aha 11 Va given, flaat Security will eaeort tha aabulanca te the actaa e( tha aceldaat. All accldanta ahall bo reported ta the Coetract Adalnlatrater aa aoon at poaalblt, whether rtaultlng la Injury te a peraon or dosage to tha equipneat of Owner or Contractor. 11. Inspection of lunch Boxes. Packages, Motor Vehicles, etc. Vhan coetract enployee* leave the Plant, the Contractor'a auparvltot la rcapooalblt far Inspecting lunch contataera, packatea, and bundles. Security Officer* have tha right te Inspect lunch containers, package!, buadlaa, taels, aquipoeot, and aotor vahlclaa in th* Plant at any tlaa. 12. Cameras and Photographs Unauthorised Individual* ahall not ba paralttad te aetcr th* flaat with a taoera. Ohas Contractor daalre* te hav* photograph* takes In th* Plant, approeal auat be ebtalaed [ram Public helatlea* Departaeat. 13. Liquor, Drugs, Firearms, and Explosives Any person poaaeaaleg Intoxicating liquor* or drug*, or who la under the In flu* oca *f such, will not be peraltted te aatar tha Plant or loltar oe Owner'a preparty. Plrcaras aad axploalre* will set ka paralttad la th* float. 14. Visiting and Loiterings Plaiting sod lettering by Coot rector'* eapleytta at or around entrance gates or acker plocea oa Owner's pteperty will eat b* paralttad. rx-j I V XWTIW-I > p pv . v i-'" n=a > ***,'*" .>'' 1 r--,*, . ' Ii 1 *. -- *, -- . _ - ' "' v"' --t * .V'\ exx 004765 1. Authortiatlon to Start Wort Contractor and Subcootroetoro ahall aot otort work oetll authorliod bp eh* Contract Adaloletrator at th* Job alto. Such authorization doa* not conotltut* autherltp to proceed with anr work Involving apoelal pcralta aa outlined In Canon Atflnerp'a Safetp Annual. Contractor aha 11 alao aoeura approval froo Contract Adnlniatretor before anp niterlal* ara delivered to Job alta whoa naeerltl deliver!** prtcad* Contraetor'a arrival ea alta. 2. Contractor's Cqulpawnt All Contractor* ocrrLng tratler-tpp* equipment within th* Flant nhall sit a hitch equal te fronted* autonatlc latching hlteh Ao. 105 for ona-too lead*, or Ao. SSO for onvard-onohalf-too load*, oacopt that proptrlp rated hall hltcho nap ho uaod then provided with aafeep chala*. 3. Explosives bploaloo* thall not ho uaod without prior wrlttoo approval of Owner. 4. Us* of Lines, Conduits, or Structures as Supports Cootroctor ahall not oat Ovnor'* pip* line*, electrical conduit*, handrtlle, *r acructura* aa aupport* for loada, for ladder*, er for acaffoldt vlthout authorltatlon fron tb* Contract Adalnlatratnr. S. Use of Stanchions or Equipment for Anchors Contractor ahall not uat Ownar'a pip* atanehlon* er other equipment far attachlae anatch block*, gup line*, or for other aenrlce* which applp loada on equipment wlthoot wrlttaa approval of th* Contract Adalnietratnr. C. Damage to Owner's Property Jf Coot race or damage* anp of Ownar'a propartp, or proportp of aap other contractor Id n-_____ A * T' " a up'.- i -"V EXX 004764 fce&gSgg*L wmm. SMsS^ r nkeelrictH, IU <uu|i shall Iwtiltinl? be tiportU te tbi Coalitet UiUli(rit. 7. Operating Owner's Equipment Contractor shall sot operact toy ot Owocr't aqulpacac, such tt electric power nittbu, valvat, te., without prior specific approval of tha Coatrtec Main taut tor. I. list ef Special Vehicles Bo vehicle or pltet of equipment htvtn| aetallle-lugged wheels or tracka boll ho operated ob toy hart turftet ttrttt without adequate prottetloB to tb ttr*t, tt approved by Coo tract Adalolttrttor. Mo tracked equlpaeot having flat paveaeot treada thall bo operated oa a paved atrttt without approval of tha Cootract Matolecrator. 9. Fir* Extinguishers Vtldlos aachlnee tod tar pota shall havt a 12-pound COj or 20-pound dry cbcaicnlCypt flrt tttin|ulahtr la proper working condition located adjeceot te the equlpaeot. la eatln|uliher thall be located lo each worktop aria where "hot work* la bela| done. fire Mote -- Where fixed boat rcela are eot available, the Contractor shell furaltb tod autottlB a Blntwua of oot fire hose la each vorklnt area where hot work la being dose. Each ho.t shtll be 1-1/2* dlaaetcr with threaded coupling and KTC fire Dtfartaent threaded adapter suitable for ISO pat pressure. Cach Note shall be equipped with a 1-1/2* eoailattloa fog. straight sercaa, and shut-off aottls equal to Aaerlcaa LaFrance er Elkhart L-204. Koaes shall be contacted to a hydrant. The Contractor shall be responsible for opeolag lit water supply valve et the hydrant la full opes pooltloo while bot work is la progress, but pressure Is not to be left os hose overnight. 10. Welding Contractor shall wot weld oa all or go* linea er equlpsenc to aervlca unlaaa there te aa lateraal cooling agent to re wove heat, such at flowing liquid or gti, and there It wfflelaat net el, at approved by the Centred Maloletratot, te prevent a hurt-through. Eiceptlat: Mo hot work la to bo dean oa air llata la aervlca between the reciprocating coopreaeor discharge end the knockout druw or drier. Mot work can be done oe elr lloee damatreia ef boockout drua or drier, or oo elr llnca preatured by centrifugal equlpaoat, after a gaa teat ahowa the air la tha Ilea to have aa hydrocarboaa preaaat. nHSi : *. + .*A .* ,<W * a ss T 4 * ., '*A 'Pji'* / ---- ^ * y- w - ** ' j -V r-- v- ' /"'* ^ T V f JIC / V'..--a *fa- \ ` * ?' ^ * a* - oa 4' C./e> `, *V 4 ' / < f ' L-y* V ; .Av 'J ,,k ,, "S* * Z-2 J>V EXX 004763 t ->js tr . -Jraafftfla t *' I * < f MiMTiTITT &3* 1). Securing Of Tamporary Buildings *- if'^nr^zscrr. KFaa All ttaper*r? bulldlnga ahall V tied down by the Cote rac tor la accordance wttb tfe Ctatract Adalolttrater'a Instruction*, and applicable laytovu Engineering Standard*. 12. Celt frai tha Plant gp; te# ggpp Contract aaployaaa, except for tha driver, auet d l mount aod walk through tha get* who* lwrla| tba bflaary, 13. Ron-Engllsh-Speatlng Personnel Tha ability eo cowuunlcttt with Contractor employee* 1* taatntlal to aaf* Job txocattoa. Vhea tha contract tapis?** cannot apeak En|lt*h, tha job fortaan oust b* abl* to apasb both English and tha employee' l*n|ut|t fluently. If there la raatoo to doubt the fortaea'a ability In thl* retard, a practical deaenetratloo 1* la ordar. When tha forcaoa canoot apeak both Engllah and tha taployea'a lantua|t, tha eaployte auat either be ploead under a lorenan who caa, or h* auat be prohibited (roa working In the laytewo Sellnary. 14. Hurricane Precautloni The period batweeo June IS end October IS le reco|nltrd ae the hurricane icaaoe. Ptlor Ca thl* tlaa, all aaterlal that 1* not needad for Ih* Job and t>t st|ht bee one wlnd-bcm* is hurricane wind* aSouId b* renewed. That aatarlal at 111 oetdad ahould be plied at eoopactly at potalbl*. Provlaloo ahould b* and* for tying down lightweight objecte ahould tha need arloe. Scaffold* and tone open-type atructuret ahould b* dlaaantlod If a hurricane tpproachea. Thu*, there ehould be a plan (emulated in odvanc* to handl* ntceaaary action*, particularly lo tam* of the tLne aod nanpower ragulrad. 15. Contractor Accident leporttng Tha contractor It rtaponalbl* for notifying tha Contract Adalnlatrator tmedtatelyi . Any tla* at eobulaoct 1* callad) b. la tha awent of any Injury rdtleh could poaelbly reeult to loot tia*| c. In tha event of any Incident which had terlou* potential, tueb aa oblla aqulpaaat overturning, equipment contacting electric Supply Unas, ate. 1-3 - -v -T.------- ?^^trug3r't*r?.*^>--.: =r^.^rvi ^^iSscaT: j5e gsss^a PSS;3 SiPSS:'-^ sSS&s- *2*45-33 jjggg^ All lajurlta aboil bo reports oo tbo loduttrUl Acclftac barf ttoodorA Tore for bp Itpoo * Tirol Report of ItJury or Xllaost -- lttttt rtrliln. 11. taar^tney Evtcuttlon Proccdun At OMr|tnep evacuation procedure fora aSall bo completed bp aaeb Contractor prior to ottrtlnA o contract. Aa naaeabl/ point ahouid bo chotea to provide t relatival/ ufi, opu area, to tho ovobc tt aaerfency oceurt that require* tvtcuotloa of all or part of tbo I floor/. 17. Contrteter Safety Keetlngi Each Contractor la atroa|l/ encouraged to So 14 a vockl/ aafat/ aeatLrvt for hla e^lo/aa*. Elehor a cook load aaotlni of all tho Contractor'* caplo/aaa In the At floor/ or aulltt eating* far aaeh job or aach foraaaa la aultabla. r .* - v" X-* T EX* 4767 EXX 004768 GENERAL CONDITIONS Form P-50 1-79 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 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. 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 for 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 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 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 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 0*769 Form P-50 1-79 shall comply with all safety standards, rules and regula 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 Project 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 substantia) danger of bodily harm or property damage if the employees undertookJo 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 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 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 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 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 O0477Q Form P-50 1-79 jmtmmt 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 paU all actual, direct additional cost incurred, without allocation of home office general and administrative ex pose; 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 orveriiead and profit from any portion of the Sublet Work not performed. It WORKMEN AND EMPLOYMENT PRACTICES Subcontractor shall provide competent and adequately trained and skilled personnel. Subcontractor shall, on retpiest, 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 uiily measures for the prevention of theft, pilferage, and waste. Subcontractor shall not discriminate against aqy 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 amendmed, 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. 1*. 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 at 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 dear 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 prohibiting any strike, slow down, picketing, secondary boycotts or week 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 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. 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 hereby indemnifies and holds harmless General Contractor and Owner from any loss, cost, damage GC-3 EXX 004771 Form P-50 1-79 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 $ - peraccident $ Property Damage $ with blanket contractual, products and completed operations liability endorsements, and with xcu exclusion deleted. 100,000 300,000 100,000 (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. Subcontractor shall forward its insurance certificate stating the names and addresses of its insurance carriers and certifying that its insurance coverages meet the requirements of General Condition 21. 22. 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, 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 ail 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, 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. 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. GC-4 EXX 094772 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 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, (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 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 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 Form P-50 1-79 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. 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. 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 004773 -.s?-;',*?nJ- 'vrar'-%-Aj NOTE: This Affidavit is to be executed and retui JmNr i US&i;.: . ......^w. , Brown & Root, inc^ P.O.Box 3 Houston, Texas 77001 "AFFIDAVIT FOR SUBCONTRACTOR' 7CS\4.z:\'si7'*s.'fT*..< >t -'* - w'**<.*:*-1. -;<^r,jV*v\'n`A.-v.` Ci-s.-Wi S'", i - `v-1- c /- '<t"' ' V'S-v. , Name of Subcontractor:: ;^ J 7-*' : _ ` Date'of Subcontract:^. Name of Owner under General Contract:. .. 7'77-'' * r. NO.. l?*2-- PM| p*&m Wmm A'fNOArrHEREFORE,For the purpose of inducinfl BROWN* ;RO(nVs)NCi;^|^>^w^| ' monies unto the >ove Subcontractor, the undersigned affiant does depos^' s^,Vafflrm'ahd 'repreK?r| ': sent to BROWN & ROOT, INC:, .that all bills for labor; material, re-sublet work, equipment 'rental, I ' taxes, insurance andall other charges arising in the performance of the Sublet Work have beeo ' Hfiillyipaid by' of for'the above Subcontractor, except as follows: 7' : * 3 Us , v .. | >>?, rV* <<*\ r, * v 7 T x ` r v/%' 4 < "V ;? j*? -/ / \f-, v. j, f jf ,'h y ..,7' ^ .'>, \ T*y -_T -ft A.C' >? r* Wi -W I..'-?. v.LX .A j v"; * ;A V; 7' 'ii1''1-.,' 'ff'-'- *< a' f > 1 1 *;v lltiil r : ; . > - 7> - 7 7 - t *rv : iSUBSCRIBED AND SWORN TO before me this the. > A>< K-iH* iy-, 5 <'%? * * .day -f/r-sy a, .: >/ -t s.^ Ytr,.*>A'Vt'7?;| '* -719; , to certify wh'wfoieK^h^ and seal of office. 1 ................................................. f S NOTARY PUBLIC *A-V -7 V7 f County of 7Av / State of / fi `,v r\t t. /A ,t,i ?7f ^ S'"' i ; r _ ' v5?,Ty I> KV 7 \y _ ^)*- :Mp ::iPX0f:^< ; r< f 7: r.|^.vP 1 -. 1 |v%7?r-C U^ -?yv/7>A>7A77 77-<y/:y NOTE: This Affidavit is to be executed aind returned with final or retainage Brown & root/ 1 ncP?*> P.O. Box 3 Houston, Texas 77001 --J1 ^v .V p>\, nV i *-0 't'l ' $r ! v r --/i st it rMk. .J *, * - > .-.4i .', TV t\ * { ^ / * * - Name of Subcontractor: : 'AFFIDAVIT FOR SUBCONTRACTOR" > ':M/';'- y V'L.V%5/%tv>A. f* - *. t .*.-'*:,*** ' tt^iV Ijr/* ^ trr? f ^j' ** , vP } .-, i `rif v <-x- X JA RE: .SUBCONTRACT'S ^ / 'Si no.: -vM3V it->: 4?! -s' A "Ly- * t \ tV ' * Date of Subcontract: 1 J " i '7 , M- /', .;*/,Vv Name of Owner under.General Contract:. >. >' 'O: , WHEREAS/'The?above-named Subcontractor,^^twietofoie,': entered into;tl^ij|K>w0ri^rSmiifa^ 1`Subcontract with BROWN & ROOT, INC*; as a General Contractor for'p^pn^^^Sfl^n^l f\tractor>.of .Sublet -Work,under 4 K*i A . ^WHEREAS, Under said pi it* <,!^1 *- " I 4*Skt \t V 4A tractor'/until all bills';4or.'labor^miiNal^^ Work have been fully.paid by the above Subcontractor; 'wm; -J'S NOWTHEREFORE,'For.vthe purpose of, inducing .BROWN!& ROOTMNCltoJ^mt&.r,nl ':` monies unto the above Subcoritrac&'r,^^^ depo, s^:V^^a^;'^r ' sent to BROWN & ROOT, INC.^th'at:ailibillsTopabi^^ateliai^rfrsubletl^i^Muliij^ntJren^Ma. f * ' taxes, insurance and all" othe^^arg^fary^^nf^fi^omar^.of ,^e^^^-^dri(fl|^^^^t^.;i le above Subconfractbr/ except as follows: f ' " ''; ?v V . (y .._*.'.rv. 4tV l*JS yr> 'J T ** V* . r 'k* ''*F: i lIiJar* < r ... ..fi.i. i , *1 *' "f 'i f- , <'*4v'>'1 >y::`'' ^>r*w'vN t, Title: ,-^*11 ^- v ,, VJ*h')JV 3%. t H,L itV\, v i* -g. v,: Nama: i, Sr ^.vAj-M-?! J^T` -f7^5- :l *it ^ ** l , y 1 j Vs ^ J$' J S'-l ^rl^l *ff f ^1 ^ k^ I- ",3 if . 4 `: I['S/riV,S^,I** , 5"^r ** \yy , ' r, 1,1 ' vr'JA' *A "_"v ^\f,V'>s 'r- ` f AM ~ -Wr" rpg**\ y 1 -ew . \X ^WT y* S ,^ v.f:VSv.'-J-Jt", --'T'^ - V' "V, u 1 -&V > 4V 'f tf r Jv' n.. 3 S, SSUBSCRIBED AND SWORN TO before me this the .day _______I_t__-._.4_ __b V5 '* .. .aiAi *V ? '<i -l*~"'",s4h8nd and seal of .office, v 1 `--*S6S*s6r " ei'l " f ^ Jh.lvs '*$&?- ' *w-. * JCr y*HT,< - fk WK ' V , /f./ , 44;^,:,.;/,.. Jfc i- M, rA ./-s' * . . (* I mi u?^ i V wc t!1 s %-i ^ i% K;j'>,.`4': i-V -V 2 * ( i *' - '' ' * TS j* .'.V. /.., v?: )h ^ , ' 1 'v .ib7`V'. : -;,r.i-/, -fv 1 r >;. f. i, i*`JV ^ '*<*'**> *s> ^ r ' r< 4?f?* `A*V* 4Y-' m- v a'/ 'VVA <VM i B v*f *1' A1 V*v I"' 4 -4 . *- * f j... I NOTARY;,PUBLIC:' ii t \ ,ii ^ 1 , i r. County o' - tv* ?> < tJn-..' ^^ State of. kT/T ''I `t Vr>^: '> (\l\. -. Vf--*r- V- > . at1*-'-,' .,.!-<lv -.c:7>' . n> rt^'F -^.-n ^ ^ ^ ^ ^^ >? fc : -jV -. '-s.' y i *% T I j ^ { *w 4. ^ y V'/>'I//: V1 47 ''>( Y'y''"'/,-^ */'v-) y 'Xv;4 /'v-v<7v TV ,*. m- V^T; , ;A' '4-' . - - . -__ j``P--T-, >. - V'.-.,.vto-iM' < -''44T 4' /*; ^ l - t * r \&\ oc c IT !^2fL . 1 6SR.on $ -0- $ 29 228.00 Original amount and previous changa order(s) ADDITION BY THIS CHANGE OROER DEDUCTION BY THIS CHANGE OROER AMENDED TOTAL BrownOltooUnc. Pa* Data 1 OF i . 03/03/80 P. O. Box 3. Houston. Txu 77001 Change OrOar No. Req. No. ONE m___ Subcontract Number 027-11298 SUBCONTRACT CHANGE ORDER 27-5793-5000 4 J6 Numb*r | Accounting coda Confirmationj| 27-5793 (005)1097 _ ! I 12176624 TSUBCONTRACTOR? STOKABER 2508 FAIRWAY DRIVE HOUSTON, TEXAS 77092 L ATTN: IE. DOUG ROBEY/JOB NO. 323-79-T _ I THE TERMS AND CONDITIONS FORMING THE ORIGINAL SUBCONTRACT ARE MADE A PART OF THIS CHANGE ORDER EXCEPT TO THE EXTENT MODIFIED ON THE FACE HEREOF. J THE FOLLOWING CHANGES ARE HEREBY MADE TO THE ABOVE REFERENCED SUBCONTRACT. -'i: DESCRIPTION " r REFER TO BASIC SUBCONTRACT HO. 27-5793-5000 AND AMEND AS FOLLOWS: ADD TO SUBCONTRACT PRICE THE FOLLOWING MATERIAL AND LABOR ESCALATION COSTS DUE TO A DELAY ^ IN, PROJECT NOT THE FAULT OF SUBCONTRACTOR: 1) MATERIAL ESCALATION COSTS ............................................. $1,598.00 2) ' LABOR ESCALATION COSTS ................................................... $1,060.00 .DIAL LUMP SUM ADDITION THIS CHANGE ORDER HO. ONE (1) ...................................................... $2,658.00 TO ENSURE PROMPT PAYMENT OF INVOICES, SUBCONTRACTOR SHALL SIGN THIS CHANGE ORDER, RETAIN T1IE ORIGINAL MARRED "SUBCONTRACTOR COPY" FOR THE FILES, AND RETURN ALL OTHER COPIES TO TEE FOLLOWING AL'DP.ESS: BROWN & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 ^ ATTN: K.J. MCCOY (01-129F) t f KJM/fcds 2: ' l fv <i ' i PRIOR TO GENERAL CONTRACTOR MAKING PAYMENT FQH THE CHANGESSET FORTH IN THIS CHANGE ORDER. SUBCONTRACTOR SHALL CUTE THIS CHANGE ORDER AND RETAIN THE ORIGINAL FOR HIS FILES. ALL OTHE^ COPIES ARE TO BE RETURNED TO GENERAL Tractor as stated in the body of this change order. 'SUBCONTRACTOR BROWN A ROOT. IMC. -GENERAL CONTRACTOR AUTHORIZED.REPRESENTATIVE AUTHORIZED REPRESENTATIVE OATE SIGNED | SIGNATURE. ' <f'c> | aO -4* GATE SIGNED / .lUpu^eyy} Cb> fdn*/ P-13 (S-7*( EXX 004776 2-7- rffJ Brown 2Root, Inc. Post Office Box Three, Houston, Texas 77001 February 25, 1980 Contract No. L-00-1097-A Exxon Co., U. S. A. P. 0. Box 4019 Baytown, TX 77520 ATTENTION: MR. BILL BECKMAN Gentlemen: In response to our verbal conversation, we are submitting for your con sideration a request for a change order in the amount of $2,658.00 (Two Thousand Six Hundred and Fifty-Eight Dollars) to the above contract This request is in reference to the request made to Brown & Root, Inc., by our insulating subcontractor, Stonaber, Inc. Their request is based on labor and material escalation cost incurred due to the delay of this project. This delay was caused by the delay in receiving the exchangers furnished by Exxon. Please find enclosed a copy of the letter to Brown & Root, Inc., from Stonaber, Inc. Your consideration to the above request will be appreciated. Very truly yours, BROWN & ROOT, INC. BMH/lja Attachment B. M. Holt CONTRACT CHANGE ORDER NO------- 4=---------CONTRACT NO. ^oe-/gS?-A DATE\2AL2fL ADDlTIONAfflH mnfl) $ 2, Ca ------- EXXON COMPANY, U.S.A. A DIVISION OF EXXON CORPORATIO. APPROVED: DATE: EXCERPTS A-- PROJ. ----OWNER: EXX 004777 3-9-^193 CcJT^ct 7 /f Brown O"Root,Inc. Post Office Box Three, Houston, Texas 77001 October 10, 1979 Contract No. L-00-1097-A Exxon Company, U. S. A. P. 0. Box 4019 Baytown, TX 77520 ATTENTION: MS. BETTY T. WRIGHT Gentlemen: We will perform the additional work described by Design Change #1 for a lump sum price of $5,302.00. This additional work will necessitate 10 days extension to the original contract schedule, provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. BMH/lja Breakdown: Labor + 44% Materials + 10% Subcontracts + 10% Equipment + 40% F.O.G. Total B. M. Holt $2,218.00 1.465.00 1.276.00 343.00 $5,302.00 CONTRACT CHANGE ORDER NO. f-------- CONTRACT NO. ___ DATE: ADDITION/(B&eSSN) % ----------- EXXON COMPANY, U.i A. A OMSK* OF BOON COUWAATtOH APPROVED: ____ ___________________ _ DATE:______________ '-{2z.ZX. EXCERPTS--__ PR0J. ENG: A. # /l***"' TYPE: At___ EXX 004778 i 7'SI 9 3 AGREEMENT Charge: SI-13101-1 Contract Number: L-00-1097-A -fJi_ THIS CONTRACT (hereinafter referred to as CONTRACT) is entered into this day of July 1979, by and between Exxon Company, U.S.A.,' (a division of Exxon Corporation), hereinafter referred to as "EXXON," and BROWN & ROOT, INC. hereinafter referred to as "CONTRACTOR," having an office located at P. 0. Box 4060, Baytown, Texas 77520 The CONTRACT shall consist of this Agreement, the Exhibits and Specifications named herein, any Change Orders authorized pursuant to ARTICLE 11 - CHANGES and any cost plus or time and material change work billable in accordance with the ARTICLE 2 - CONTRACT PRICE AND PAYMENT. WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein EXXON and CONTRACTOR agree as follows: 1. SCOPE OF WORK A. CONTRACTOR agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by CONTRACTOR at its own cost and expense except as hereinafter provided, certain Work (hereinafter referred to as "WORK") briefly described as follows: Designation _________________________Title _______________________________ Date Specifications Specifications for Installation of Exchangers E-59-1 and 2 and E-60-1 and 2, MEK June 13, 1979 Exhibit "A" Installation of Exchangers E-59-1 and 2 and E-60-1 and 2, MEK June 13, 1979 Contractor agrees to begin work immediately upon award of Contract and will make every effort to complete the work on or before December 16, 1979. 2. CONTRACT PRICE AND PAYMENT A. For satisfactory performance of WORK by CONTRACTOR, EXXON, will, subject to the provisions of ARTICLE 7 -- PERFORMANCE, COMPLETION, AND ACCEPTANCE, pay CONTRACTOR in accordance with the following terms: (1) A lump-sum price of ONE HUNDRED TWENTY-FOUR THOUSAND TWO HUNDRED FIFTY-NINE AND NQ/100 ($124,259.00) DOLLARS. EXX 004779 Contract L-00-1097-A Material In addition to the materials listed in Exhibit "A," Paragraph 1.2 D, Exxon will also furnish the following: "Two Each, Six-Inch by Four-Inch, Venturi Pattern Gate Valves, 300-Pound, Symbol Number 92064-816" When these valves are needed contact Mr. J. W. Thomas on Telephone Number 428-3003. Welding Boxes In the event welding boxes are required, Contractor will furnish and install the boxes for the following rates: Spark-Proof Boxes , Each---------------------------------- $500 Pressurized Boxes, Each---------------------------------- $600 la EXX 004780 (2) The price shall be adjusted only for changes. In the event of a change of scope from that covered by the above lump-sum amount, if authorized by EXXON, such change may at EXXON'S option require a price adjustment authorized by a lump-sum Contract Change Order as set forth in ARTICLE 11 - CHANGES or may be authorized by Contract Change Order or Field Change authorization on the basis of cost-plus or time-and-material provisions contained in CONTRACTOR'S latest letter on file with EXXON, entitled "Rates for Time and Material Changes." CONTRACTOR agrees that small tools and equipment (under $250 value) and consumable supplies are included in CONTRACTOR'S labor rates. CONTRACTOR owned equipment, furnished by CONTRACTOR on a time-and-material basis, shall be operated by and under the control and supervision of CONTRACTOR in performing SERVICES. Any materials CONTRACTOR purchases on a reimbursable cost-plus basis, which materials become an integral part of the completed facility, shall be purchased tax free by CONTRACTOR and resold to EXXON. EXXON will accrue and pay all Texas use tax on such materials under its Direct Payment Exemption Certificate 3000165008. CONTRACTOR understands and agrees that EXXON'S responsibility for accruing State 6ales or use tax is limited to materials which become a permanent part of the facility. CONTRACTOR shall be responsible for State sales or use tax on all other materials and supplies consumed (e.g., consumable supplies and small tools, etc.), and including tax on any materials purchased by CONTRACTOR as required in performing any lump-sum units of work (e.g., fixed price, fixed rates, and unit prices which include both labor and materials in the unit). B. Invoices are to be submitted in triplicate pursuant to applicable invoicing standards listed in the specifications for lump-sum invoicing and/or reimbursable cost invoicing. Invoices shall be mailed to Exxon Company, U.S.A., Accounts Payable, P. 0. Box 4019, Baytown, Texas 77520, and shall become due and payable thirty (30) days after receipt by EXXON, but shall be subject to Paragraph 7B hereof at EXXON's discretion. Invoices shall clearly identify WORK description, CONTRACT number, and the Charge Number listed above. In the event WORK is performed on a cost-plus or time-and-material basis, invoices shall be supported by (1) the original copy of daily time sheets for labor and equipment signed in permanent ink by CONTRACTOR and REPRESENTATIVE, (2) copies of vendors and subcontractors invoices for materials, rental tools, and equipment which are billable to EXXON'S account. Time sheet forms as described In the specifications will be furnished by EXXON for CONTRACTOR'S use. Invoices for CONTRACTOR owned equipment shall be classified "SERVICES" and not "RENTAL." C. For any portion of this CONTRACT which cost-plus, or time-and-material provisions are applicable, EXXON'S Representative shall have access, at all reasonable times, to all CONTRACTOR'S and Subcontractor's personnel, books, records, correspondence, instructions, plans, drawings, receipts, vouchers, and memorandums of every description pertaining to WORK under CONTRACT for the purpose of auditing and verifying costs of WORK upon prior notice to CONTRACTOR. EXXON'S Representatives shall have the right to reproduce any of the aforesaid documents. In the event lump-sum elements are included under CONTRACT along with any cost-plus, or time-and-material items, then audit rights shall also extend to include EXXON'S access to those CONTRACTOR'S and Subcontractor's records pertaining to lump-sum elements that are needed to provide for assurance that the portions of the WORK performed on a cost-plus, or time-and-material basis are not being charged with costs which are by their nature intended to be covered by lump sums. CONTRACTOR shall preserve and shall cause its Subcontractors to preserve all the appropriata above-mentioned documents for periods of three years after the completion and acceptance or termination of WORK. 2 exx 0*701 ) 3. SAFETY AND SECURITY A. CONTRACTOR shall comply with all of the terms and conditions contained in EXXON'S publication entitled "Contractors' Responsibilities for Safety, Plant Security, and Traffic Regulations," dated April 1, 1978, said publication being made a part of this CONTRACT by reference. EXXON will furnish copies of this publication to the CONTRACTOR. The rules and regulations contained in the "Contractors' Responsibilities" shall apply to all Subcontractors and their employees as well as the CONTRACTOR and its employees. Before starting work under CONTRACT, CONTRACTOR shall obtain from EXXON copies of these regulations. CONTRACTOR shall notify its employees, its Subcontractors, and the employees of its Subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and CONTRACTOR shall not allow any of such persons to begin WORK inside EXXON'S Baytown Refinery until such notification has been given them. Said "Contractors' Responsibilities" are designed as minimum requirements for CONTRACTOR, and CONTRACTOR shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such regulations by CONTRACTOR nor EXXON'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 hereunder. 4. COMPLIANCE WITH SPECIFICATIONS Although CONTRACTOR shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, EXXON reserves the right to have an inspector on the job. Any material which EXXON considers unsatisfactory shall be removed and replaced at CONTRACTOR'S expense. Neither inspection, waiving of inspection, nor acceptance by EXXON shall relieve CONTRACTOR of its obligation to furnish all materials and workmanship in accordance with specifications. 5. INDEMNITY AND INSURANCE It is understood and agreed that all WORK performed by CONTRACTOR hereunder shall meet with the approval of EXXON'S engineers or inspectors but that the detailed manner and method of doing same shall be under the control of CONTRACTOR, EXXON being interested only in the result obtained, and that CONTRACTOR is an independent CONTRACTOR as to all WORK performed hereunder. In regard to all WORK performed hereunder, CONTRACTOR and EXXON agree as follows: A. CONTRACTOR agrees to indemnify and hold EXXON harmless from all claims, actions, demands, loss, and causes of actions arising: (1) From injury, including death, to CONTRACTOR'S employees and to employees of CONTRACTOR'S Subcontractors when such injury, including death, results in whole or in part from the negligence or willful acts of CONTRACTOR, its employees, agents, or subcontractors and the negligence or willful acts of EXXON, its employees, agents, or subcontractors, but not when such injury, including death, results solely from the negligence or willful acts of EXXON'S employees, agents, or subcontractors. ft 3 EXX 004782 (2) From (a) injuries to or deaths of persons, including employees and representatives of EXXON, which result in whole or in part from the willful acts or negligence of CONTRACTOR, its employees, agents, or subcontractors, or (b) damage to property of EXXON and all other persons, which results in whole or in part from the negligence or willful acts of CONTRACTOR, its employees, agents, or subcontractors, except that CONTRACTOR shall not be responsible for damage to EXXON'S property not covered by insurance required in Paragraph B below. (3) From damage to property or injury to or deaths of persons which result in whole or in part from willful acts or the negligence of CONTRACTOR, its employees, agents, or subcontractors, in connection with the handling and use of utilities furnished by EXXON except that CONTRACTOR shall not be responsible or liable for such damage to EXXON'S property not covered by insurange required in Paragraph B below. B. In addition, CONTRACTOR agrees to carry insurance as follows: (1) Workers' Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. (2) Comprehensive General Liability Insurance covering (a) Bodily injury liability with a limit of not less than $ 300.000 for one person injured or killed and subject to such limit, $ 300,000for more than one person injured or killed in any one occurrence, and (b) Propery damage liability with limits of not less than $ 100,000 for each occurrence, and $ 100,000aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one occurrence, and (b) Property damage liability with limits of not less than $50,000 for each occurrence. (4) CONTRACTOR shall not be required to furnish insurance other than, or in excess of, the amounts above stated, but CONTRACTOR shall continue other or excess insurance which CONTRACT may normally carry and have in effect. C. Prior to commencing work hereunder, the CONTRACTOR shall produce evidence in a form satisfactory to EXXON that all insurance required under this CONTRACT is in force and carried with companies acceptable to EXXON and that such insurance will not be materially altered or canceled while the WORK covered hereby is in progress without a reasonable prior written notice to EXXON. Upon request of EXXON, CONTRACTOR shall furnish certified copies of all such insurance policies. Should CONTRACTOR at any time neglect, or refuse to provide, or should it cancel the insurance required herein, EXXON shall have the right to procure same and deduct the cost thereof from the consideration to be paid CONTRACTOR hereunder. 4 EXX 004783 6. SATISFACTION OF CLAIMS CONTRACTOR agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the WORK performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of EXXON by CONTRACTOR'S laborers, mechanics, or materialmen, and agrees to indemnify, protect, and save EXXON harmless from and against all such claims an liens. 7. PERFORMANCE - COMPLETION AND ACCEPTANCE A. CONTRACTOR agrees that if, in the opinion of EXXON, CONTRACTOR should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment, or materials for the prompt performance of the WORK herein contracted for, or should breach this CONTRACT in whole or in part or fail to use due diligence in the performance thereof, or should not be performing this CONTRACT in the manner herein provided, EXXON may, at its election, take over and perform or obtain another CONTRACTOR to take over and perform all or any part of the WORK then remaining unperformed. In the event EXXON should exercise such right, it shall have the right to use all or any part of CONTRACTOR'S tools or equipment then in use on the job but shall pay CONTRACTOR a reasonable rental for the use of such tools and equipment during the period of use by EXXON and shall return same to CONTRACTOR upon the completion of the job in as good condition as when taken over by EXXON, ordinary wear and tear expected. Should EXXON take over the completion of said job, or obtain another CONTRACTOR to do so, EXXON shall pay CONTRACTOR for the WORK then completed, subject to the later provisions hereof, unless the compensation for the completed WORK cannot be readily determined, in which latter event EXXON shall pay CONTRACTOR the full contract price less all costs and expenses incurred by it in the completion of the WORK. B. CONTRACTOR agrees that upon the completion by it and acceptance by EXXON of the work herein contracted for it will furnish EXXON with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by EXXON to CONTRACTOR within 30 calendar days after receipc of final invoice, subject, however, to the right in EXXON to withhold payments in accordance with the provisions of ARTICLE 5469, Texas Revised Civil Statutes of 1925, and all amendments thereto or other provision.of law applicable. It is agreed that upon request of CONTRACTOR and upon showing to the satisfaction of EXXON that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, EXXON, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety percent (90%) of the value of the WORK then completed, based upon estimates by EXXON'S engineers or inspectors in which event the balance will be paid upon completion and acceptance of the WORK and compliance with the terms and provisions hereof. Payment pursuant to the terms of this paragraph shall not preclude the right of EXXON from thereafter disputing any of the items involved. C. CONTRACTOR agrees that in the event any lien or liens are fixed or attempted to be fixed, secured, or claimed against EXXON or EXXON'S property by any person or firm, corporation, artisan, laborer, mechanic, or subcontractor who furnished services or materials in connection with the performance of this CONTRACT, CONTRACTOR will within ten (10) days following nofication by EXXON that such lien or liens have been fixed or attempted to be fixed, secured, or claimed, furnish EXXON a bond in an amount equal to twice the value of the lien or liens. EXX 0*784 Such bond shall be executed by a corporate surety authorized to do business under the laws of the State of Texas and shall comply in all respects with the require ments of Article 5472c, Vernon's Annotated Texas Statutes. CONTRACTOR further agrees to file such bond with the County Clerk of Harris County, Texas, and to take all steps necessary to assure that prompt notice of such filing is given to the obligees named therein. CONTRACTOR further agrees that the giving of such bond shall be in addition to any other rights of EXXON or obligations of CONTRACTOR under this CONTRACT and shall in no way be construed as abrogating or qualifying such rights and obligations. 8. LAWS AND REGULATIONS A. In performing its obligations hereunder, CONTRACTOR shall comply with and secure compliance by its Subcontractors of all applicable federal, states and municipal laws, and all applicable orders, rules, and regulations of constituted authority. B. If CONTRACTOR fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of CONTRACTOR, and EXXON may be required or deems it necessary to pay such taxes or charges, CONTRACTOR agrees to furnish EXXON with information required to enable it to make the necessary reports-and to pay such taxes or charges. CONTRACTOR agrees to reimburse EXXON on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which CONTRACTOR fails or refuses to pay and which EXXON may be required or deems it necessary to pay. In addition, EXXON, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due CONTRACTOR hereunder. C. This CONTRACT is x Is not subject to Certificate of Compliance-- Federal Contract Supplement, as amended, a copy of which is made a part hereof and either is attached hereto for your signature and return or which has been previously filed with EXXON. 9. GUARANTEES AND WARRANTIES CONTRACTOR (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to EXXON, any such material or equipment which may become defective within one (1) year from EXXON'S acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to EXXON to replace or repair any defects in the work covered by this CONTRACT resulting from its field workmanship if such defects are reported to CONTRACTOR within one year from date of EXXON'S acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of CONTRACTOR set out in (1) and (2) above. 10. TOOLS AND EQUIPMENT In the event EXXON loans or furnishes tools or equipment to CONTRACTOR in connection with its WORK covered hereunder, CONTRACTOR agrees: A. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the WORK by CONTRACTOR; 6 EXX 004785 B. That such tools or equipment will be loaned or furnished and accepted by CONTRACTOR without warranty or representation by EXXON as to their condition. C. To return such tools or equipment to EXXON at the conclusion of such use in as good condition as when received, ordinary wear and tear expected; and D. To ldemnify and hold EXXON harmless from all claims, demands, causes of action, damages, and injuries resulting from CONTRACTOR'S use of said tools or equipment. For the purpose of this Paragraph 10, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities, or services which EXXON may loan or furnish. 11. CHANGES EXXON may from time to time, by written instructions or drawings issued to CONTRACTOR, require additional WORK and services directly in connection with or incidental to the work covered by this CONTRACT; and EXXON may by such instructions or drawings, require CONTRACTOR to alter, change, accelerate, or omit any WORK covered by this CONTRACT. In the event EXXON desires any such additions, changes, alterations, accelerations or omissions which will materially Increase or decrease the total CONTRACT price referred to in Article 2 - Contract Price and Payment, CONTRACTOR shall submit to EXXON an estimate of such increase or decrease. Should EXXON desire to proceed in accordance with such estimate, EXXON shall issue to CONTRACTOR a Contract Change Order describing the WORK to be added or deleted and the corresponding price addition or deduction thereof, or alternate basis for payment if Change is to be performed on cost-plus or time-and-material basis. Field Changes may also be authorized, by EXXON'S Field Representative in the event conditions develop during the progress of WORK which would significantly Impact progress and costs if not expediently authorized. If Contractor has not obtained a Contract Change Order, or Field Change Authorization signed by EXXON'S appointed Representative, no claim for additional compensation will be allowed. The provisions of this CONTRACT except as may be otherwise provided shall apply to all such additions, changes, or alterations as if they were embodied in the original drawings and specifications. 12. SUBCONTRACTS AND ASSIGNMENT OF CONTRACT CONTRACTOR shall secure EXXON'S prior written approval as to any Subcontractor covering any portion of the WORK provided for hereunder. No such approval shall relieve CONTRACTOR from any of the obligations of this CONTRACT, and, as between the parties hereto, CONTRACTOR shall be and remain liable as if no such Subcontract had been made. No Subcontract shall bind or purport to bind EXXON but shall contain a provision permitting assignment thereof by CONTRACTOR to EXXON. CONTRACTOR shall not assign any of its rights or obligations hereunder, or any sum that may accrue to CONTRACTOR hereunder, without consent of EXXON. Such consent shall not be unreasonably withheld. 7 EXX 004786 13. . CONFIDENTIALITY INFORMATION AND PATENTS A. CONTRACTOR agrees to hold in confidence any and all technical information disclosed to CONTRACTOR by EXXON, including technical information included in or on tracings, drawings, field notes, calculations, specifications, and engineering data, except: (1) Technical information which at the time of disclosure by EXXON to CONTRACTOR is in the public domain; (2) Technical information which, after disclosure by EXXON to CONTRACTOR, becomes part of the public domain by publication or otherwise; and (3) Technical information which CONTRACTOR can show was in CONTRACTOR'S possession at the time of EXXON'S disclosure to CONTRACTOR and was not acquired, directly or indirectly, from EXXON. B. CONTRACTOR agrees that CONTRACTOR will not, without the written permission of EXXON, use the technical information which CONTRACTOR is required to keep confidential under this CONTRACT for any purpose other than the accomplishment of WORK under this CONTRACT. C. It is expressly understood by CONTRACTOR that EXXON accepts no obligation of confidence with respect to any information disclosed to EXXON by CONTRACTOR under this CONTRACT unless specifically covered by a separate, written confidentiality agreement. In the absence of such separate confidentiality agreement, CONTRACTOR agrees that it will not place any restrictive notices on the tracings, drawings, field notes, specifications, and any other documents embodying engineering or professional data developed by CONTRACTOR for EXXON pursuant to this CONTRACT and that EXXON is hereby authorized to nullify, obliterate, or otherwise remove any such restrictive clauses; and that EXXON shall be free to use or disclose any or all of the information contained therein to third parties without accounting to CONTRACTOR therefor. D. If CONTRACTOR or CONTRACTOR'S personnel make any inventions based upon technical information which CONTRACTOR is required to keep confidential under this CONTRACT, CONTRACTOR shall promptly disclose said inventions to EXXON. CONTRACTOR agrees to grant and hereby grants to EXXON an irrevocable, nonexclusive, royalty-free license and the irrevocable right to grant nonexclusive licenses, without accounting therefor to CONTRACTOR, to use said inventions under CONTRACTOR'S Patent Rights. The licensing right herein granted by CONTRACTOR to EXXON is assignable by EXXON to any qf its Affiliates. For the purpose of this CONTRACT only, the term "Contractor's Patent Rights" shall mean patents and patent applications based on. inventions made by CONTRACTOR or CONTRACTOR'S personnel which inventions are based upon information which CONTRACTOR is required to keep confidential under this CONTRACT and which are conceived during the life of this CONTRACT and two (2) years thereafter. The term "Affiliate," as used in this paragraph, shall mean and include any company of which EXXON CORPORATION now or hereafter owns or controls, directly or indirectly, fifty percent (50%) or more of the stock having the right to vote for directors thereof. For the purpose of this definition, the stock owned or controlled by EXXON CORPORATION shall be deemed to include all stock owned or controlled, directly or indirectly, by any other company of which EXXON CORPORATION owns or controls, directly or indirectly, fifty percent (50%) or more of the stock having the right to vote for directors thereof. 8 EXX 004707 14. ' TERMINATION AND RIGHTS A. It is understood and agreed that EXXON may, upon written notice to CONTRACTOR, terminate the WORK provided for hereunder. In the event of such termination, CONTRACTOR shall be reimbursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described WORK, and for actual costs thereafter incurred by CONTRACTOR in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for WORK unperformed. B. CONTRACTOR'S obligations under ARTICLE 2-C as it pertains to audit and Article 13 of this CONTRACT shall survive any termination of this CONTRACT. 15. CONFLICT OF INTEREST AND ETHICS A. CONTRACTOR shall exercise reasonable care and diligence to prevent any actions or conditions which could result in a conflict with EXXON'S best interests. This obligation shall apply to the activities of the employees and agents of CONTRACTOR in their relations with the employees, and their families, of (1) EXXON and (2) third parties who are subcontractors or furnish services, equipment, or material to accomplish work hereunder. CONTRACTOR'S efforts shall include, but not be limited to, establishing precautions to.prevent CONTRACTOR'S employees or agents from offering, making, providing, or receiving gifts, entertainment, payments, loans, or other considerations for the purpose of influencing any person to act contrary to EXXON'S best interests. In addition, CONTRACTOR shall receive EXXON'S prior approval before use of a subcontractor, or any party, to furnish services, equipment, or materials, who is owned or controlled by the CONTRACTOR or CONTRACTOR'S owner(s), employees, or their families. B. CONTRACTOR agrees to comply with all laws and lawful regulations applicable to any activities carried out in the name of or on behalf of EXXON under the provisions of this AGREEMENT and/or any amendments to it. C. CONTRACTOR .agrees that all financial settlements, billings, and reports rendered to EXXON, as provided for in this agreement and/or any amendments to it, will reflect properly the facts about all activities and transactions handled for the account of EXXON, which data may be relied upon as being complete and accurate in any further recording and reporting made by EXXON, for whatever purpose. D. CONTRACTOR agrees to notify EXXON promptly upon discovery of any instance where the CONTRACTOR fails to comply with Provisions A, B, and C above. 16. ENTIRE AGREEMENT In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. This CONTRACT constitutes the entire agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements related to this CONTRACT, either written or oral, including EXXON'S investigation for proposals and CONTRACTOR'S proposals, except to the extent they are expressly incorporated herein. No changes, alterations, or notifications to this agreement shall be effective unless in writing and signed by the parties hereof. EXX 004788 17. APPLICABLE LAW This CONTRACT shall be governed and interpreted according to the laws of the State of Texas. 18. HEADINGS The paragraph headings of this CONTRACT are for the convenience of the parties only and are not a part of this CONTRACT and do not in any way limit or amplify the terms or provisions of this CONTRACT. By the signature of duly authorized representatives below, the parties hereto have executed this CONTRACT in duplicate originals as of the day and year first above written. BROWN & ROOT. INC. By .(Name and Title) 0. M. BAKKEN, VICE PRESIDENT Exxon Company, U.S.A. (a division of Exxon^orporation) By Contract Coordinator Materials Department WLB:mea (R. N. French) 10 EXX 004789 OFFICE MEMO BROWN & ROOT, INC TO: THOSE CONCERNED FROM: GENE KERNAN SEPTEMBER 14, 1979 SUBJECT: NEW JOB ASSIGNMENTS--INDUSTRIAL-CIVIL DEPARTMENT THE FOLLOWING JOB NUMBERS HAVE BEEN ASSIGNED TO THE INDUSTRIAL-CIVIL DEPARTMENT TO COVER THE FOLLOWING NEW CONTRACTS: JOB NO. JOB DESCRIPTION 27-4206 JET RESEARCH, INC. - INSTALL MAGAZINE STORAGE AND RELATED FACILITIES AT MANSFIELD, TEXAS 27-4207 ETHYL CORPORATION - PERFORM MISCELLANEOUS CONSTRUCTION IN HOUSTON, TEXAS 27-4208 EXXON COMPANY, U.S.A. - PERFORM MISCELLANEOUS CONSTRUCTION WORK IN BAYTOWN, TEXAS EXXON COMPANY, U.S.A. - INSTALL EXCHANGERS IN BAYTOWN, TEXAS 27-5794 EXXON CHEMICAL CO., U.S.A. - CONSTRUCT A B.O.P. HYDROGEN BOOSTER COM PRESSOR AT THE CYCLOHEXANE UNIT IN BAYTOWN, TEXAS 27-5795 ARCO CHEMICAL CO. - CONSTRUCT A 200 LB. STEAM EXPORT PROJECT AT OLEFINS PLANT IN CHANNELVIEW, TEXAS 27-5797 EXXON COMPANY, U.S.A. - REPLACE PUMP DRIVERS AT COOLING TOWER IN BAYTOWN, TEXAS EXX 004790 do GO on o z H i" c>o 3 o^ Om Dn m v. m> dO H o > Oo Ho Xz mH 3z c o cco S o 3 * o orr~ > 3 > s o c z H $ > O H X m > 3 CO C n 3 o U3 CO C Z o c co -< 3 < N> fKsJ) CO > CoO 5 I-----------------------1 0 o I- 8 m mO Si fi8 O 3m O 3 m z m O Ncoj CO m o> o3 > 3 O o so i 5! < m > 3 s o z 3 > od m< CO z Cc *n 3 2 3 X m 3 3 3 m 3 X CNOJ fO O) * ro CO x CO m CO m 3 o c_ o 3 o o z D > 3 O o z D > 3 -< -< s c. O <3 V) KJ c o c < j3 5 z H h3 KJ o O HZ < H m3 >3 n H oo OO O* 3 3O m3 < - O - z Z > o CO 8O o 2CO o z H < m 8 H r3 c X m O -o 3 Z CO O m o 3 Z c 2 3 o3 m mo 3 z c 2 >0 > O O 3 m >$> 3 o c zd z o 3 X X m 3 3 Oi_ 3 o H X o m2 O O 3 TJ om n m PB o S z m 33 IS 03 33 8CO O S z o Q CO 33 O O c > -mI EXX 004791 Rl jest for assignment OF JOB NUK JR BROWN & ROOT, INC. AND ASSOCIATED COMPANIES J)M: SUBJECT: ACCOUNTING DEPARTMENT JOB NUMBER ASSIGNMENT - Brown & Root, Inc. (COMPANY) JOB INDUSTRY TYPE: Industrial Piping 8/9/79 (OATEJ Industrial-Civil (DEPARTMENT) SUB-DIVISION: Baytown Field Office PLEASE ASSIGN A JOB NUMBER TO BE USED FOR RECORDING OF INCOME AND COSTS RELATING TO THE CON TRACT DETAILED BELOW: OWNER:Exxon Company, U. S. A. PRIME CONTRACTOR:Brown & Root, Inc. CONTRACT DATE:Villi') DESCRIPTION OF WORK AND LOCATION: Installation of exchangers E-59-1 and 2, and E-60-1 and 2. TYPE OF CONTRACT: UNIT PRICE ( JOINT VENTURE ( ), OTHER ( }, ), LUMP SUM ( xx ), FORCE ACCOUNT ( (SXPUAIN) ), COST PLUS FEE ( ) TIMATED COMPLETION DATE: 12/16/790R CONTINUOUS ( CONTRACT AMOUNT: $ 124,259,00 ACTUAL ( xx ), ESTIMATED ( TERMS OF PAYMENT: PROGRESS BILLINGS - MONTHLY ( xx ), WEEKLY ( ), BIWEEKLY ( SEMIMONTHLY ( ), REVOLVING FUND ( ), OTHER ( ),: ). ). ). PERCENT RETAINED: OTHER { 10 % OF progress bil'ing amount. (EXPLAIN | TO BE COMPLETED ONLY FOR JOINT VENTURES: PARTNERS AND PARTICIPATION: SPONSOR:___________________________________________ % a rrm imtimo EXX 004792 *1 /; n ^ ' >,.' f ^ ,ff' , * ?<.* ,1 '' J' ^ ^..v^-*-*ivr~'"".,--v > >* v, -T / ? v '** V^V- x j, ^ c * 1 : ' -:#?> 'j 'i't ',,' - , Vi; \< ' `:?V' *^4' ' ` - i'' , * `* i.wj \ >//* Av? - ?* ,,*r >p ' . i. **<** iS yjJ^ y -' * '<* ^ 3t 4 SCS`V+,#?rf',H [Vv ***. .v'^'Pv'.{.t*-;'3*>, 7*. -'?J ^ *>i J> , v *` '- ~ -i..-**-.. l\ f,h ^ '*,' 5 4 A-l *i*1'S *j,}1,J* f wJ-*` v, * , >'''' s ' ! S 'f'T-j * * . .-- l'l--- S>: - ,. :-~, ,,\'VT ,f Tit , 't * <` 1a. _V .', j' - ' - * ', *' ''t.' r'l/v'-l ,T" ' <> > t La - 'a-;1 * 1 ~~ s {i ''%'* '' l/. \ I A, ;' v ,,?/>'-*' i *f v ' , t * . * V:", ^ '}'4 ; v^`` -.-. '- ^ ^VAa `'A " .vvv: , r ')\?l\ '\ ' ( ; >;. *.. A^;: " * V y~* ^ ^ 2 7 -5 7 7 8 EXXON COMPANY, U .S .A . BEGINNING 1980 see 53-5778 CONTRACT F IL E S EXX 004612 1 OFFICE MEMO BROWN & ROOT, INC TO: THOSE CONCERNED FROM: WILLIAM B. STUESSY MAY 8, 1979 SUBJECT: NEW JOB ASSIGNMENTS--INDUSTRIAL-CIVIL DEPARTMENT THE FOLLOWING JOB NUMBERS HAVE BEEN ASSIGNED TO THE INDUSTRIAL-CIVIL DEPARTMENT TO COVER THE FOLLOWING NEW CONTRACTS: JOB NO JOB DESCRIPTION 27-4191 KEITH DEWAR GOLF COURSE CONSTRUCTION, INC. - CONSTRUCT SITE WORK FOR THE LOCHINUAR GOLF COURSE IN HOUSTON, TEXAS 27-4192 WELEX, INC. - CONSTRUCT SITE WORK AND PAVING IN HARRIS COUNTY, TEXAS 27-4193 F.M.C. CORPORATION - CONSTRUCT WELLHEAD EQUIPMENT PLANT IN BROWNWOOD, TEXAS 27-4194 CHAMPLIN PETROLEUM COMPANY - PROVIDE SURVEY TEAM FOR THE FOSTER WHEELER OFFICE IN HOUSTON, TEXAS 27-4195 JOY INDUSTRIAL EQUIPMENT COMPANY - CONSTRUCT OFFICE REMODELING AND EX PANSION AT 5306 CLINTON DRIVE IN HOUSTON, TEXAS 27-4196 WELEX, INC. - CONSTRUCT AN ALL WOOD DUAL INDUCTION TEST BUILDING IN HOUSTON, TEXAS 27-5775 WHARTON COUNTY - CONSTRUCT COUNTY ROAD IMPROVEMENTS IN PRECINCT NO. 1 IN WHARTON COUNTY, TEXAS 27-5777 / ^27-5778 EXXON COMPANY, U.S.A. - CONSTRUCT PIPING FOR LAGOON NO. 3 RECYCLE DOCK IN BAYTOWN, TEXAS EXXON COMPANY, U.S.A. - CONSTRUCT SITE WORK FOR AERATION LAGOON NORTH ROAD AND LEVEE REPAIR IN BAYTOWN, TEXAS 27-5779 HARRIS COUNTY - CONSTRUCT ASPHALTIC CONCRETE SURFACE ON EAST MOUNT HOUSTON ROAD IN HARRIS COUNTY, TEXAS 27-5780 HARRIS COUNTY - CONSTRUCT ASPHALTIC CONCRETE SURFACE ON ALDINE-WESTFIELD ROAD IN HARRIS COUNTY, TEXAS 27-5781 AMERADA HESS CORPORATION - CONSTRUCT SHIP DOCK IN GALENA PARK, TEXAS 27-5782 ARCO CHEMICAL COMPANY - CONSTRUCT PHASE I OF THE WATER TREATMENT FACILITIES AT U.S.S. CHEMICALS IN HOUSTON, TEXAS EXX O04613 tL. LX \ nX 7o z f z z r 'O 7L kL, X -* ko* M kM M M M .^ 0k> X MW rt- it IK c WO . _r^ w s * O, w /i-; J w1* bh ~r> Cl c * X <s HO * >-, Cw ow - c *Ik fe AK -X fo Ch <* *O -S w JO 1 A 3 kl Ik ik wk m % '"4 Mm In < D ) . 8 M fe P > *> K * II tjN <4 O 4 >8 sZ O -I O C 3 m2> -I O O *- >r- o w a > =* ui n Om OO mM >" J HO > a "O fm* a m O fl* o am m mz O > o d < m CO -o * r* -n 2 2 {/) C X> m2 az m J Z 38 O M mh a < N> * IS) M UIOI N> U> 5] Q El CO z Cc 3 CD m a a a m 2 x 2 o z 2 0 Uo; o o -4 Z <o Ha m> O s 6 r> to 8 o z oto HO O o m< Z tCo a a o aCO a m 9 m < O z oCD 2 C C2D o m X) -o Cl 2 <_n U> C 2 <r n* 8 CD <r oo Si V si C O to w c oa Ha X m a oc_ m O -4 o TO TO n m X o 2 tn O mO US i3B o 5zm a o u --1 a o 2rn a H m< Z a 8 O Qto aa i 0* o H >3o 0 A 1 c/J 0 I sj Co EXX 004614 BROWN & ROOT, INC. NEW JOB ASSIGNMENT ,1 FROM: SUBJECT: R. .JEST FOR ASSIGNMENT OF JOB NUi. _R BROWN & ROOT, INC. AND ASSOCIATED COMPANIES ACCOUNTING DEPARTMENT R. W. LaRose JOB NUMBER ASSIGNMENT - JOB INDUSTRY TYPE: Brown & Root, Inc. (COMPANY | CIVIL SUB-DIVISION: April 24, 1979 I-CD (DEPARTMENT) Paving Dept. PLEASE ASSIGN A JOB NUMBER TO BE USED FOR RECORDING OF INCOME AND COSTS RELATING TO THE CON TRACT DETAILED BELOW: OWNER: Exxon Company, U.3.A. PRIME CONTRACTOR: Brown & Root, Inc. CONTRACT DATE: 4-11-79 - See Job 27-5777 Contract File_______________________________________________ DESCRIPTION OF WORK AND LOCATION: Site work for Aeration Lagoon. North Road and Levee Repair - located in City of Baytown, Texas TYPE OF CONTRACT: UNIT PRICE ( JOINT VENTURE ! ), OTHER ( ), ), LUMPSUM! xx ), FORCE ACCOUNT ( (EXPLAIN) ), COST PLUS FEE l ), ESTIMATED COMPLETION DATE: ____Q-.tob-.r 15 1979OR CONTINUOUS ( CONTRACT AMOUNT: $ 684,625.00 ACTUAL! xx ), ESTIMATED! ). TERMS OF PAYMENT: PROGRESS BILLINGS - MONTHLY ( xx), WEEKLY! ), BIWEEKLY! SEMIMONTHLY! ), REVOLVING FUND ( ), OTHER! ),: ). (EXPLAIN) ). PERCENT RETAINED: 1 %0F completed amount OTHER { ),: ____________________________________________ (eXPLAIN) TO BE COMPLETED ONLY FOR JOINT VENTURES: PARTNERS AND PARTICIPATION: NOTE: 4# Texas Use Tax 1# Baytown Use Tax SPONSOR:______________________________________ % %% .TACH FINANCING CURVE OR CASH FORECAST: JOB NUMBER ASSIGNED: 27-5778 CC: ORIGINAL -- ACCOUNTING OUPLICATC _ RETAINED TRIPLICATE .TREASURY/CREDIT QUADRUPLICATE PURCHASING %% (SIGNATURE OF EMFLOVEE REQUESTING JOS NUMBER) W. LaRose Form A-5S (1/76) EXX 004615 P-2 (-7W PAGE x OF DATE MAY 21, 1979 H8 Brown 'Rootlnc. P O Box 3. Houston. Texas 77001 PURCHASE ORDER | ORIGINAL NOTIFICATION CONFIRMATION 1 XXX ^T BROWN (. ROOT, INC. C/0 EXXON CO. U.S.A. BAYTOWN, TEXAS NUMQEA BELOW MUST SHOWN ON AU. SHIPMENTS. MVOtCCS ANO CORRESPON DENCE P. 0. NO. 27-5778-5000 SHIP VIA SHIPMENT PROMISED BY PER B&R PROJECT MRG'S SCHEDULE *06965214 TERMS GEN. COND. 32 10Z RETAINAGE HYnun TITBIT OP HfiTT QTHM TO 14295 SCHIELLER RD. FOB. JOBSITE PROJECT & ACCOUNT NO. REa NO. 027-17208 27-5778(51 n SELLER WILL SIGN AND RETURN CARBON COPY OF THIS PURCHASE ORDER ACCEPTING ALL TERMS ANO CONDITIONS UNOER WHICH IT IS ISSUED PLEASE RENDER INVOICES IN QUADRUPLICATE HOUSTON, TEXAS 77082 J SELLER MUST SIGN AND RETURN ACCEPTANCE COPY. TIIIO CONTRACT 6OW0I0T0 OT PAOC I DCAQtNO-StONATUnCS. AO MANY ADOITIONAl NUMOE'RCO PAOCO AOOIIOWN ABOVE. Tl 1C PRINTED TERMS AND COUPH'ILIIIS ON ATTACHMENT NO. < AND OTHER ATTACHMENTS REFERRED TO. ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT WHEREVER THE TERMS "PURCHASE ORDER" AND "CONTRACT" APPEAR ON THIS FORM THEY SHALL BOTH BE CONSTRUED TO MEAN "SUBCONTRACT". WHEREVER THE TERM "SELLER" APPEARS ON THIS FORM IT SHALL BE CONSTRUED TO MEAN "SUBCONTRACTOR". WHEREVER THE TERM "BUYER" APPEARS ON THIS FORM IT SHALL BE CONSTRUED TO MEAN "GENERAL CONTRACTOR". THE ATTACHED GENERAL CONDITIONS (FORM P-50 1/79) ARE HEREBY INCORPORATED AS PART OF THIS SUBCONTRACT. 1.0 SUBLET WORK _ .~ 1.1 SUBCONTRACTOR SHALL PROVIDE ALL MATERIALS, LABOR, EQUIPMENT, TOOLS, SUPERVISION, INSURANCE AND ALL OTHER ITEM(S) NECESSARY TO FURNISH AND PLACE HYDRO MULCH SEEDING ON THE LEVEE SLOPES LOCATED AT THE EXXON CO. U.S.A. FACILITY IN BAYTOWN TEXAS, ACCORDING TO PLANS AND SPECIFICATIONS ATTACHED HERETO AND MADE A PART OF THIS SUBCONTRACT DOCUMENT AS PREPARED BY EXXON COMPANY, U.S.A. PLAN NO. 291-140-59, DATED 2-23-79. L n- -'. " ^ ' r* ^ , .. 72 ^ j 1.2 SUBCONTRACTOR SHALL PERFORM THE SUBLET WORK IN STRICT ACCORDANCE WITH THE DIRECTIVES OF THE GENERAL CONTRACTOR'S JOB SUPERINTNEDENT OR HIS DULY AUTHORIZED REPRESENTATIVE. 2.0 SUBCONTRACT PRICE McCOWbc NOED USE MATERIAL GENERAL CONTRACTOR AGREES TO PAY SUBCONTRACTOR FOR COM PLETE, SATISFACTORY, AND TIMELY PERFORMANCE OF SUBLET WORK IN STRICT COMPLIANCE WITH THE REQUIREMENTS OF THE SUBCONTRACT DOCUMENTS. PAYMENTS SHALL BE BASED ON FIRM UNIT PRICES AS SET FORTH HEREUNDER INCLUDING ALL APPLICABLE SALES/USE TAXES AND ESTIMATED IN THE AGGREGATE TO BE ..................................................................................... BROWN & ROOT. INC. SEEDING LEVEES AT EXXON CO. U.S.A. IN BAYTOWN, REOUIt?ONER J. C. DODSON $2,700.00 SEILER S COPY EXX 004616 P-2C-141S-7W PAGE OF P. O. NO. 1 27-5778-5000 M QUANTITY UNIT __________________________________ PURCHASE OROER CONTINUATION DESCRIPTION________________________________________ UNIT PRICE AMOUNT 2.2 THE FOLLOWING FIRM UNIT PRICE SHALL APPLY TO THE SUBLET WORK OF THIS SUBCONTRACT AND THE BASIS FOR ESTABLISHING THE FINAL DOLLAR VALUE OF THIS SUBCONTRACT SHALL BE DETERMINED FROM THE FINAL FIELD MEASURED QUANTITY OF THE INSTALLED ITEM LISTED BELOW: DESCRIPTION QUANTITY UNIT UNIT PRICE INSTALLATION OF HYDRO MULCH SEEDING 6,000 SQ. YD. $ .45 3.0 TIME OF PERFORMANCE 3.1 SUBCONTRACTOR SHALL COMMENCE SUBLET WORK AS DESCRIBED HEREIN ON OR ABOUT JULY 1, 1979, AND SHALL PERFORM ALL WORK IN A DILIGENT MANNER UNITL ALL ASPECTS OF THE WORK ARE COMPLETE. 3.2 SUBCONTRACTOR SHALL CONTACT GENERAL CONTRACTOR'S PROJECT HANAGER PRIOR TO MOVE ON IN ORDER TO SCHEDULE AND CO ORDINATE THE SUBLET WORK. 4.0 PAYMENT AND PERFORMANCE BONDS THERE IS NO REQUIREMENT AT THIS TIME TO FURNISH SEPARATE 1002 PAYMENT AND PERFORMANCE BONDS. HOWEVER, GENERAL CON TRACTOR MAY AT ANYTIME DURING THE COURSE OF THIS SUBCONTRACT REQUIRE SUCH BONDS TO BE FURNISHED IN ACCORDANCE TO GENERAL CONDITION 19. IF BONDS ARE REQUIRED AT A LATER DATE, THE PREMIUM SHALL BE REIMBURSABLE TO THE SUBCONTRACTOR. 5.0 INSURANCE CERTIFICATES 5.1 SUBCONTRACTOR SHALL FORWARD IT'S INSURANCE CERTIFICATE STATING THE NAMES ITS INSURANCE CARRIER(S) AND CERTIFY ING THAT ITS INSURANCE COVERAGE MEETS WITH THE REQUIRE MENTS OF GENERAL CONDITION 21. 5.2 SUBCONTRACTOR INSURANCE CERTIFICATES SHALL REFERENCE THE PROJECT AND SUBCONTRACT NO., AND SHALL MAIL ONE COPY TO THE FOLLOWING ADDRESS PRIOR TO ARRIVAL AT THE JOB SITE: BROWN & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 ATTN: K. J. MCCOY (01-116) TB XTONTTre'CTruTrergTS'orPAGn beaking signatures, abmanv additionalkiumbehfb pajis as shown aej.l1, nur AND OTHER ATTACHMENTS REFERRED TO. I SEILER S COPY EXX 004617 P-2C-14 (S-781 PAGE OF P. O. NO. , 27-5778-5000 ITEM QUANTITY UNIT 6.0 INVOICE DESCRIPTION PURCHASE ORDER CONTINUATION UNIT PRICE AMOUNT SUBCONTRACTOR SHALL SUBMIT INVOICES IN QUADRUPLICATE ACCORD ING TO THE PROVISIONS SET FORTH IN GENERAL CONDITION 32 AND AS MODIFIED HEREIN TO THE FOLLOWING ADDRESS: BROWN & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 7.0 AFFIDAVIT ATTN: J. WILLIAMS (BLDG. 19) TWO COPIES OF THE GENERAL CONTRACTOR'S "AFFIDAVIT FOR SUBCON TRACTOR" (FORM P-7) ARE ATTACHED. SUBCONTRACTOR SHALL EXECUTE AND RETURN ONE COPY WITH HIS FINAL OR RETAINAGE INVOICE. 8.0 ACKNOWLEDGMENT TO ENSURE PROMPT PAYMENT OF INVOICES, PLEASE EXECUTE AND RETURN THE ACCEPTANCE COPY TO THE EXACT ADDRESS SHOWN BELOW ON OR BEFORE JUNE 1, 1979. BROWN & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 ATTN: K. J. McCOY (01-116) TIT 5 CCiK'TnACT'CUNSISTS OF PACE'mAHIN'trSrtlNATUHEg. A5 MANY AOUITIOWSTNUMBEnED PAGES A5 SHOWN ABOVb.gg" XKKlQCZKKXMASttUOcR&ttDCMSmbQSt^lIXARMMElMxjRftxk AND OTHER ATTACHMENTS REFERRED TO. cciieo c rnov EXX 004618 EXX 0^6i9 P-3-14 13-79) 2.600.00 ORIGINAL ORDE1 CLUDING AMEND MENTS BY PREY CHANGE ORDERS PURCHASE r CHANGE ORDER J 2,60Q.QQ ADDITION BY THIS CHANGE ORDER DEDUCTION BY THIS CHANGE ORDER u Y E R L * ~0~ AMENDED TOTAL CHANGE DATE 6-15-79 JOB NO. & ACCOUNT 1__________________________ ORDER NO SHIPMENT PROMISED 27-5783 (5) BY BROWN & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 one m N/A TO P.0 NO 27-578 VSPnn original NOTIFICATION confirmation XXX TO SELLER: ! 11408598 SERVICE PAINTING CO. P. 0. BOX 2353 BEAUMONT, TEXAS 77704 n NO CHANGES IN OR CANCELLATIONS OF PURCHASE ORDERS WILL BE RECOGNIZED UNLESS AUTHORIZED BY THIS CHANGE ORDER FORM ISSUED ONLY BY THE PROCUREMENT DIVISION THE TERMS AND CONDITIONS AS AGREED TO ANO FORMING THE ORIGINAL CONTRACT I ARE MAOE A PART OF THIS CHANGE EXCEPT TO THE ___I EXTENT MODIFIED ON THE FACE HEREOF SELLER WILL SIGN AND RETURN CARBON COPY OF THIS CHANGE ORDER THE PROCUREMENT DIVISION HAS MADE THE FOLLOWING CHANGES IN THE ABOVE NUMBERED PURCHASE ORDER MTEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT REFER TO BASIC SUBCONTRACT KO. 27-5783-5000 AND AMEND AS FOLLOWS: DELETE: THE SUBJECT SUBCONTRACT IS HEREBY DELETED IK ITS ENTIRETY. SUBCONTRACTOR SHALL EXECUTE AND RETURN THE ACKNOWLEDGMENT COPY OF THIS CHANGE ORDER NO. ONE (1) TO THE FOLLOWING ADDRESS: EP.OWK & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 ATTN: K. J. MC COY THE TERMS AMD CONDITIONS CONTAIliED IN SUBCONTRACT NO. 27-5783-5000 DATED MAY 21, 1979 SHALL REHAIL' IK FULL FORCE AND EFFECT AND SHALL GOVERN THIS SUBCONTRACT CHANGE ORDER EXCEPT AS MAY BE MODIFIED ON THE FACE OF THIS SUBCONTRACT CHANGE ORDER. WHEREVER THE TERM '"PURCHASE CHANGE ORDER" APPEARS IK THESE DOCUMENTS, IT SHALL MEAN j"SUBCCKTRACT CHANGE ORDER". WHEREVER THE TERM "SELLER" APPEARS !IK THESE DOCUMENTS, IT SHALL MEAN "SUBCONTRACTOR". WHEREVER THE TERM "BUYER" APPEARS, IT SHALL MEAN "GENERAL CONTRACTOR". WHERE EVER THE TERM "PURCHASE ORDER" APPEARS IN THESE DOCUMENT'S, IT EXX 904620 (77a c V c ' fc- 27-s7t3 Charge: 01209 AGREEMENT Contract Number: D-00-1005-A j THIS CONTRACT (hereinafter referred to as CONTRACT) is entered into this U-A/*- day of May 1979, by and between Exxon Company, U.S.A.,` (a division of Exxon Corporation), hereinafter referred to as "EXXON," and BROWN & ROOT, INC. hereinafter referred to a6 "CONTRACTOR," having an office located at P. 0. Box 4060, Baytown, Texas 77520. The CONTRACT shall consist of this Agreement, the Exhibits and Specifications named herein, any Change Orders authorized pursuant to ARTICLE 11 - CHANGES and any cost plus or time and material change work billable in accordance with the ARTICLE 2 - CONTRACT PRICE AND PAYMENT. WITNESSETH: That In consideration of the covenants and agreements set out herein and the payments provided for herein EXXON and CONTRACTOR agree as follows: 1. SCOPE OF WORK A. CONTRACTOR agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by CONTRACTOR at its own cost and expense except as hereinafter provided, certain Work (hereinafter referred to as "WORK") briefly described as follows: Designation _________________________Title ________________________________ Date Specifications Specifications for Flood Protection, Dock Area March 29, 1979 Exhibit "A" Flood Protection March 29, 1979 Note: Belvar BZ-4NE and BZ-350 steel piling will be acceptable in lieu of PZ-27, PZ-32, and PZ-38, steel piling. Contractor agrees to begin work immediately upon award of Contract and will make every effort to complete the work in 65 working days. 2. CONTRACT PRICE AND PAYMENT A. For satisfactory performance of WORK by CONTRACTOR, EXXON, will, subject to the provisions of ARTICLE 7 -- PERFORMANCE, COMPLETION, AND ACCEPTANCE, pay CONTRACTOR in accordance with the following terms: (1) A lump-sum price of TWO HUNDRED NINETY-NINE THOUSAND SIX HUNDRED TEN DOLLARS AND NQ/100 ($299,610.00). EXX 004621 (2) The price shall be adjusted only for changes. In the event of a change of scope from that covered by the above lump-sum amount, if authorized by EXXON, such change may at EXXON'S option require a price adjustment authorized by a lump-sum Contract Change Order as set forth in ARTICLE 11 - CHANGES or may be authorized by Contract Change Order or Field Change authorization on the basis of cost-plus or time-and-material provisions contained in CONTRACTOR'S latest letter on file with EXXON, entitled "Rates for Time and Material Changes." CONTRACTOR agrees that small tools and equipment (under $250 value) an4 consumable supplies are included in CONTRACTOR'S labor rates. CONTRACTOR owned equipment, furnished by CONTRACTOR on a time-and-material basis, shall be operated by and under the control and supervision of CONTRACTOR in performing SERVICES. Any materials CONTRACTOR purchases on a reimbursable cost-plus basis, which materials become an integral part of the completed facility, shall be purchased tax free by CONTRACTOR and resold to EXXON. EXXON will accrue and pay all Texas use tax on such materials under its Direct Payment Exemption Certificate 3000165008. CONTRACTOR understands and agrees that EXXON'S responsibility for accruing State sales or use tax is limited to materials which become a permanent part of the facility. CONTRACTOR shall be responsible for State sales or use tax on all other materials and supplies consumed (e.g., consumable supplies and small tools, etc.), and including tax on any materials purchased by CONTRACTOR as required in performing any lump-sum units of work (e.g., fixed price, fixed rates, and unit prices which include both labor and materials in the unit). B. Invoices are to be submitted in triplicate pursuant to applicable invoicing standards listed in the specifications for lump-sum invoicing and/or reimbursable cost invoicing. Invoices shall be mailed to Exxon Company, U.S.A., Accounts Payable, P. 0. Box 4019, Baytown, Texas 77520, and shall become due and payable thirty (30) days after receipt by EXXON, but shall be subject to Paragraph 7B hereof at EXXON's discretion. Invoices shall clearly identify WORK description, CONTRACT number, and the Charge Number listed above. In the event WORK is performed on a cost-plus or time-and-material basis, invoices shall be supported by (1) the original copy of daily time sheets for labor and equipment signed in permanent ink by CONTRACTOR and REPRESENTATIVE, (2) copies of vendors and subcontractors invoices for materials, rental tools, and equipment which are billable to EXXON'S account. Time sheet forms as described in the specifications will be furnished by EXXON for CONTRACTOR'S use. Invoices for CONTRACTOR owned equipment shall show the word "SERVICES" and not indicate "RENTAL." C. For any portion of this CONTRACT which cost-plus, or time-and-material provisions are applicable, EXXON'S Representative shall have access, at all reasonable times, to all CONTRACTOR'S and Subcontractor's personnel, books, records, correspondence, instructions, plans, drawings, receipts, vouchers, and memorandums of every description pertaining to WORK under CONTRACT for the purpose of auditing and verifying costs of WORK upon prior notice to CONTRACTOR. EXXON'S Representatives shall have the right to reproduce any of the aforesaid documents. In the event lump-sum elements are included under CONTRACT along with any cost-plus, or time-and-material items, then audit rights shall also extend to include EXXON'S access to those CONTRACTOR'S and Subcontractor's records pertaining to lump-sum elements that are needed to provide for assurance that the portions of the WORK performed on a cost-plus, or time-and-material basis are not being charged with costs which are by their nature intended to be covered by lump sums. CONTRACTOR shall preserve and shall cause its Subcontractors to preserve all the appropriate above-mentioned documents for periods of three years after the completion and acceptance or termination of WORK. > EXX 004622 3. SAFETY AND SECURITY A. CONTRACTOR shall comply with all of the terms and conditions contained in EXXON'S publication entitled "Contractors' Responsibilities for Safety, Plant Security, and Traffic Regulations," dated April 1, 1978, said publication being made a part of this CONTRACT by reference. EXXON will furnish copies of this publication to the CONTRACTOR. The rules and regulations contained in the "Contractors' Responsibilities" shall apply to all Subcontractors and their employees as well as the CONTRACTOR and its employees. Before starting work under CONTRACT, CONTRACTOR shall obtain from EXXON copies of these regulations. CONTRACTOR shall notify its employees, its Subcontractors, and the employees of its Subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and CONTRACTOR shall not allow any of such persons to begin WORK inside EXXON'S Baytown Refinery until such notification has been given them. Said "Contractors' Responsibilities" are designed as minimum requirements for CONTRACTOR, and CONTRACTOR shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such regulations by CONTRACTOR nor EXXON'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 hereunder. 4. COMPLIANCE WITH SPECIFICATIONS Although CONTRACTOR shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, EXXON reserves the right to have an inspector on the job. Any material which EXXON considers unsatisfactory shall be removed and replaced at CONTRACTOR'S expense. Neither inspection, waiving of inspection, nor acceptance by EXXON shall relieve CONTRACTOR of its obligation to furnish all materials and workmanship in accordance with specifications. 5. INDEMNITY AND INSURANCE It is understood and agreed that all WORK performed by CONTRACTOR hereunder shall meet with the approval of EXXON'S engineers or inspectors but that the detailed manner and method of doing same shall be under the control of CONTRACTOR, EXXON being interested only in the result obtained, and that CONTRACTOR is an independent CONTRACTOR as to all WORK performed hereunder. In regard to all WORK performed hereunder, CONTRACTOR and EXXON agree as follows: A. CONTRACTOR agrees to indemnify and hold EXXON harmless from all claims, actions, demands, loss, and causes of actions arising: (1) From injury, including death, to CONTRACTOR'S employees and to employees of CONTRACTOR'S Subcontractors when such injury, including death, results in whole or in part from the negligence or willful acts of CONTRACTOR, its employees, agents, or subcontractors and the negligence or willful acts of EXXON, its employees, agents, or subcontractors, but not when such injury, including death, results solely from the negligence or willful acts of EXXON'S employees, agents, or subcontractors. 3 EXX 004623 (2) From (a) injuries to or deaths of persons, including employees and representatives of EXXON, which result in whole or in part from the willful acts or negligence of CONTRACTOR, its employees, agents, or subcontractors, or (b) damage to property of EXXON and all other persons, which results in whole or in part from the negligence or willful acts of CONTRACTOR, its employees, agents, or subcontractors, except that CONTRACTOR shall not be responsible for damage to EXXON'S property not covered by insurance required in Paragraph B below. (3) From damage to property or injury to or deaths of persons which result in whole, or in part from willful acts or the negligence of CONTRACTOR, its employees, agents, or subcontractors, in connection with the handling and use of utilities furnished by EXXON except that CONTRACTOR shall not be responsible or liable for such damage to EXXON'S property not covered by insurange required in Paragraph B below. B. In addition, CONTRACTOR agrees to carry insurance as follows: (1) Workers' Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. (2) Comprehensive General Liability Insurance covering (a) Bodily injury liability with a limit of not less than $ 300,000 for one person injured or killed and subject to such limit, $ 300,000for more than one person injured or killed in any one occurrence, and (b) Propery damage liability with limits of not less than $ 100,000 for each occurrence, and $ 100,000aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one occurrence, and (b) Property damage liability with limits of not less than $50,000 for each occurrence. (4) CONTRACTOR shall not be required to furnish insurance other than, or in excess of, the amounts above stated, but CONTRACTOR shall continue other or excess insurance which CONTRACT may normally carry and have in effect. C. Prior to commencing work hereunder, the CONTRACTOR shall produce evidence in a form satisfactory to EXXON that all insurance required under this CONTRACT is in force and carried with companies acceptable to EXXON and that such insurance will not be materially altered or canceled while the WORK covered hereby is in progress without a reasonable prior written notice to EXXON. Upon request of EXXON, CONTRACTOR shall furnish certified copies of all such insurance policies. Should CONTRACTOR at any time neglect, or refuse to provide, or should it cancel the insurance required herein, EXXON shall have the right to procure same and deduct the cost thereof from the consideration to be paid CONTRACTOR hereunder. 4 1 6. SATISFACTION OF CLAIMS CONTRACTOR agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the WORK performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of EXXON by CONTRACTOR'S laborers, mechanics, or materialmen, and agrees to indemnify, protect, and save EXXON harmless from and against all such claims an liens. 7. PERFORMANCE - COMPLETION AND ACCEPTANCE A. CONTRACTOR agrees that if, in the opinion of EXXON, CONTRACTOR should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment, or materials for the prompt performance of the WORK herein contracted for, or should breach this CONTRACT in whole or in part or fail to use due diligence in the performance thereof, or should not be performing this CONTRACT in the manner herein provided, EXXON may, at its election, take over and perform or obtain another CONTRACTOR to take over and perform all or any part of the WORK then remaining unperformed. In the event EXXON should exercise such right, it shall have the right to use all or any part of CONTRACTOR'S tools or equipment then in use on the job but shall pay CONTRACTOR a reasonable rental for the use of such tools and equipment during the period of use by EXXON and shall return same to CONTRACTOR upon the completion of the job in as good condition as when taken over by EXXON, ordinary wear and tear expected. Should EXXON take over the completion of said job, or obtain another CONTRACTOR to do so, EXXON shall pay CONTRACTOR for the WORK then completed, subject to the later provisions hereof, unless the compensation for the completed WORK cannot be readily determined, in which latter event EXXON shall pay CONTRACTOR the full contract price less all costs and expenses incurred by it in the completion of the WORK. B. CONTRACTOR agrees that upon the completion by it and acceptance by EXXON of the work herein contracted for it will furnish EXXON with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by EXXON to CONTRACTOR within 30 calendar days after receipt of final invoice, subject, however, to the right in EXXON to withhold payments in accordance with the provisions of ARTICLE 5469, Texas Revised Civil Statutes of 1925, and all amendments thereto or other provision of law applicable. It is agreed that upon request of CONTRACTOR and upon showing to the satisfaction of EXXON that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, EXXON, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety percent (90%) of the value of the WORK then completed, based upon estimates by EXXON'S engineers or inspectors in which event the balance will be paid upon completion and acceptance of the WORK and compliance with the terms and provisions hereof. Payment pursuant to the terms of this paragraph shall not preclude the right of EXXON from thereafter disputing any of the items involved. C. CONTRACTOR agrees that in the event any lien or liens are fixed or attempted to be fixed, secured, or claimed against EXXON or EXXON'S property by any person or firm, corporation, artisan, laborer, mechanic, or subcontractor who furnished services or materials in connection with the performance of this CONTRACT, CONTRACTOR will within ten (10) days following nofication by EXXON that such lien or liens have been fixed or attempted to be fixed, secured, or claimed, furnish EXXON a bond in an amount equal to twice the value of the lien or liens. EXX 004625 Such bond shall be executed by a corporate surety authorized to do business under the laws of the State of Texas and shall comply in all respects with the require ments of Article 5472c, Vernon's Annotated Texas Statutes. CONTRACTOR further agrees to file such bond with the County Clerk of Harris County, Texas, and to take all steps necessary to assure that prompt notice of such filing is given to the obligees named therein. CONTRACTOR further agrees chat the giving of such bond shall be in addition to any other rights of EXXON or obligations CONTRACTOR under this CONTRACT and shall in no way be construed as abrogating or qualifying such rights and obligations. 8. LAWS AND REGULATIONS A. In performing its obligations hereunder, CONTRACTOR shall comply with and secure compliance by its Subcontractors of all applicable federal, state, and municipal laws, and all applicable orders, rules, and regulations of constituted authority. B. If CONTRACTOR fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of CONTRACTOR, and EXXON may be required or deems it necessary to pay such taxes or charges, CONTRACTOR agrees to furnish EXXON with information required to enable it to make the necessary reports and to pay such taxes or charges. CONTRACTOR agrees to reimburse EXXON on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which CONTRACTOR fails or refuses to pay and which EXXON may be required or deems it necessary to pay. In addition, EXXON, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due CONTRACTOR hereunder. C. This CONTRACT is XX is not subject to Certificate of Compliance-- Federal Contract Supplement, as amended, a copy of which is made a part hereof and either is attached hereto for your signature and return or which has been previously filed with EXXON. 9. GUARANTEES AND WARRANTIES CONTRACTOR (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to EXXoN, any such material or equipment which may become defective within one (1) year from EXXON'S acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to EXXON to replace or repair any defects in the work covered by this CONTRACT resulting from its field workmanship if such defects are reported to CONTRACTOR within one year from date of EXXON'S acceptance of the work; (3) will, to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of CONTRACTOR set out in Cl) and (2) above. 10. TOOLS AND EQUIPMENT In the event EXXON loans or furnishes tools or equipment to CONTRACTOR in connection with its WORK covered hereunder, CONTRACTOR agrees: A. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the WORK by CONTRACTOR; 6 EXX 004626 B. That such tools or equipment will be loaned or furnished and accepted by CONTRACTOR without warranty or representation by EXXON as to their condition. C. To return such tools or equipment to EXXON at the conclusion of such use in as good condition as when received, ordinary wear and tear expected; and D. To idemnify and hold EXXON harmless from all claims, demands, causes of action, damages, and injuries resulting from CONTRACTOR'S use of said tools or equipment. For the purpose of this Paragraph 10, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities, or services which EXXON may loan or furnish. 11. CHANGES EXXON may from time to time, by written instructions or drawings issued to CONTRACTOR, require additional WORK and services directly in connection with or incidental to the work covered by this CONTRACT; and EXXON may by such instructions or drawings, require CONTRACTOR to alter, change, accelerate, or omit any WORK covered by this CONTRACT. In the event EXXON desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total CONTRACT price referred to in Article 2 - Contract Price and Payment, CONTRACTOR shall submit to EXXON an estimate of such increase or decrease. Should EXXON desire to proceed in accordance with such estimate, EXXON shall issue to CONTRACTOR a Contract Change Order describing the WORK to be added or deleted and the corresponding price addition or deduction thereof, or alternate basis for payment if Change is to be performed on cost-plus or time-and-material basis. Field Changes may also be authorized by EXXON'S Field Representative in the event conditions develop during the progress of WORK which would significantly impact progress and costs if not expediently authorized. If Contractor has not obtained a Contract Change Order, or Field Change Authorization signed by EXXON'S appointed Representative, no claim for additional compensation will be allowed. The provisions of this CONTRACT except as may be otherwise provided shall apply to all such additions, changes, or alterations as if they were embodied in the original drawings and specifications. 12. SUBCONTRACTS AND ASSIGNMENT OF CONTRACT CONTRACTOR shall secure EXXON'S prior written approval as to any Subcontractor covering any portion of the WORK provided for hereunder. No such approval shall relieve CONTRACTOR from any of the obligations of this CONTRACT, and, as between the parties hereto, CONTRACTOR shall be and remain liable as if no such Subcontract had been made. No Subcontract shall bind or purport to bind EXXON but shall contain a provision permitting assignment thereof by CONTRACTOR to EXXON. CONTRACTOR shall not assign any of its rights or obligations hereunder, or any sum that may accrue to CONTRACTOR hereunder, without consent of EXXON. Such consent shall not be unreasonably withheld. 7 EXX 094627 13. CONFIDENTIALITY INFORMATION AND PATENTS A. CONTRACTOR agrees to hold in confidence any and all technical information disclosed to CONTRACTOR by EXXON, including technical information included in or on tracings, drawings, field notes, calculations, specifications, and engineering data, except: (1) Technical information which at the time of disclosure by EXXON to CONTRACTOR is in the public domain; * (2) Technical information which, after disclosure by EXXON to CONTRACTOR, becomes part of the public domain by publication or otherwise; and (3) Technical information which CONTRACTOR can show was in CONTRACTOR'S possession at the time of EXXON'S disclosure to CONTRACTOR and was not acquired, directly or indirectly, from EXXON. B. CONTRACTOR agrees that CONTRACTOR will not, without the written permission of EXXON, use the technical information which CONTRACTOR is required to keep confidential under this CONTRACT for any purpose other than the accomplishment of WORK under this CONTRACT. C. It is expressly understood by CONTRACTOR that EXXON accepts no obligation of confidence with respect to any information disclosed to EXXON by CONTRACTOR under this CONTRACT unless specifically covered by a separate, written confidentiality agreement. In the absence of such separate confidentiality agreement, CONTRACTOR agrees that it will not place any restrictive notices on the tracings, drawings, field notes, specifications, and any other documents embodying engineering or professional data developed by CONTRACTOR for EXXON pursuant to this CONTRACT and that EXXON is hereby authorized to nullify, obliterate, or otherwise remove any such restrictive clauses; and that EXXON shall be free to use or disclose any or all of the information contained therein to third parties without accounting to CONTRACTOR therefor. D. If CONTRACTOR or CONTRACTOR'S personnel make any inventions based upon technical information which CONTRACTOR is required to keep confidential under this CONTRACT, CONTRACTOR shall promptly disclose said inventions to EXXON. CONTRACTOR agrees to grant and hereby grants to EXXON an irrevocable, nonexclusive, royalty-free license and the irrevocable right to grant nonexclusive licenses, without accounting therefor to CONTRACTOR, to use said inventions under CONTRACTOR'S Patent Rights. The licensing right herein granted by CONTRACTOR to EXXON is assignable by EXXON to any of its Affiliates. For the purpose of this CONTRACT only, the term "Contractor's Patent Rights" shall mean patents and patent applications based on inventions made by CONTRACTOR or CONTRACTOR'S personnel which inventions are based upon information which CONTRACTOR is required to keep confidential under this CONTRACT and which are conceived during the life of this CONTRACT and two (2) years thereafter. The term "Affiliate," as used in this paragraph, shall mean and include any company of which EXXON CORPORATION now or hereafter owns or controls, directly or indirectly, fifty percent (50%) or more of the stock having the right to vote for directors thereof. For the purpose of this definition, the stock owned or controlled by EXXON CORPORATION shall be deemed to include all stock owned or controlled, directly or indirectly, by any other company of which EXXON CORPORATION owns or controls, directly or indirectly, fifty percent (50%) or more of the stock having the right to vote for directors thereof. 8 EXX 004628 14. TERMINATION AND RIGHTS A. It is understood and agreed that EXXON may, upon written notice to CONTRACTOR, terminate the WORK provided for hereunder. In the event of such termination, CONTRACTOR shall be reimbursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described WORK, and for actual costs thereafter incurred by CONTRACTOR in connection with such termination, plus applicable overhead and a reasonable profit based on .such costs. However, in no event shall such reimbursement include prospective profits for WORK unperformed. B. CONTRACTOR'S obligations under ARTICLE 2-C as it pertains to audit and Article 13 of this CONTRACT shall survive any termination of this CONTRACT. 15. CONFLICT OF INTEREST AND ETHICS A. CONTRACTOR shall exercise reasonable care and diligence to prevent any actions or conditions which could result in a conflict with EXXON'S best interests. This obligation shall apply to the activities of the employees and agents of CONTRACTOR in their relations with the employees, and their families, of (1) EXXON and (2) third parties who are subcontractors or furnish services, equipment, or material to accomplish work hereunder. CONTRACTOR'S efforts shall include, but not be limited to, establishing precautions to prevent CONTRACTOR'S employees or agents from offering, making, providing, or receiving gifts, entertainment, payments, loans, or other considerations for the purpose of influencing any person to act contrary to EXXON'S best interests. In addition, CONTRACTOR shall receive EXXON'S prior approval before use of a subcontractor, or any party, to furnish services, equipment, or materials, who is owned or controlled by the CONTRACTOR or CONTRACTOR'S owner(s), employees, or their families. B. CONTRACTOR agrees to comply with all laws and lawful regulations applicable to any activities carried out in the name of or on behalf of EXXON under the provisions of this AGREEMENT and/or any amendments to it. C. CONTRACTOR agrees that all financial settlements, billings, and reports rendered to EXXON, as provided for in this agreement and/or any amendments to it, will reflect properly the facts about all activities and transactions handled for the account of EXXON, which data may be relied upon as being complete and accurate in any further recording and reporting made by EXXON, for whatever purpose. D. CONTRACTOR agrees to notify EXXON promptly upon discovery of any instance where the CONTRACTOR fails to comply with Provisions A, B, and C above. 16. ENTIRE AGREEMENT In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. This CONTRACT constitutes the entire agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements related to this CONTRACT, either written or oral, including EXXON'S investigation for proposals and CONTRACTOR'S proposals, except to the extent they are expressly incorporated herein. No changes, alterations, or notifications to this agreement shall be effective unless in writing and signed by the parties hereof. Q EXX 004629 17. APPLICABLE LAW This CONTRACT shall be governed and interpreted according to the laws of the State of Texas. 18. HEADINGS <. The paragraph headings of this CONTRACT are for the convenience of the parties only and are not a part of this CONTRACT and do not in any way limit or amplify the terms or provisions of this CONTRACT. By the signature of duly authorized representatives below, the parties hereto have executed this CONTRACT in duplicate originals as of the day and year first above written. BROWN & ROOT. TNG 7 Z'_____ (Name and Title) " }\ kskkct. VICE CID':"'''"" (0V CEB:dec Exxon Company, U.S.A. (a divisioh/bT'Exxon Corporation) L i //4-' / Byx\ ' 1 'XJf SJ Z' Purchasing Head _________ J Materials Department^ (P. L. Lafosse) 10 EXX 004630 March 29, 1979 Appropriation 01209 SPECIFICATIONS FOR FLOOD PROTECTION, DOCK AREA EXXON COMPANY, U.S.A. (A DIVISION OF EXXON CORPORATION) BAYTOWN, TEXAS SCOPE OF WORK 1.1 These specifications cover earthwork and piling on the north end of the dock levee, in accordance with the drawings and standards listed in the following attached tables: A. Table I -- List of Engineering Drawings, dated March 29, 1979. B. Table II -- List of Engineering Standards, dated March 29, 1979. DIVISION OF WORK 2.1 The materials furnished and services performed by Exxon shall be only as specifically listed In the attached Exhibit "A," dated March 29, 1979. JOB INSTRUCTIONS 3.1 Construction, inspection, and accounting shall be in accordance with the standards listed in Table II. 3.2 The National Codes and Standards referred to herein and on the drawings and standards listed in Tables I and II shall be the latest published edition as of the date of the contract. PLL:drc EXX 0Q4631 March 29, 1979 Appropriation 01209 TABLE I LIST OF ENGINEERING DRAWINGS Drawing No. 684-140-127 684-140-128 684-140-129 PLL:drc Revision 0 0 0 Date 3/29/79 3/29/79 3/29/79 Title Earthwork Plan Cross Sections Cross Sections EXX 004632 March 29, 1979 Appropriation 01209 TABLE II LIST OF ENGINEERING STANDARDS FLOOD PROTECTION Standard No.* EXES 4-7-1-1B EXES 4-9-1-1C EXES 4-9-1-3B BTES 50-5-1.1C BTES 50-6-5.ID Revision 0 1 0 3 1 Date 12/76 4/78 10/77 1/77 1/73 Title Piles Site Preparation and Earthwork Fill Clay and Aggregates, Purchase Construction Requirements, Instructions Invoicing for Lump-Sum Contracts, Instructions * EXES = Exxon Engineering Standards BTES = Baytown Engineering Standards PLL:drc EXX 004633 EXHIBIT "A" March 29, 1979 Appropriation 01209 FLOOD PROTECTION EXXON WILL FURNISH ONLY THE FOLLOWING: 1.1 Copies of applicable drawings, specifications, and standards reasonably necessary for work execution. 1.2 The following utilities, if required and requested by Contractor, in quantities available at existing outlets, which will not be extended by Exxon, each to be used at Contractor's risk: A. Drinking water, not cooled. B. Industrial water at 60 psig. C. Electrical power at 110/220 volts, 60 Hertz, single-phase, and 440 volts, 60 Hertz, three-phase. EXXON WILL PERFORM ONLY THE FOLLOWING: 2.1 Designate a site within the. Baytown Refinery to which Contractor shall haul all dismantled surplus materials and debris. 2.2 Designate material storage areas and areas on which Contractor may locate temporary sanitary facilities, shops, and offices. 2.3 Indicate a reference Bench Mark (monument) and provide Contractor the elevation and coordinates of this reference point. Also, Contractor will be provided the azimuth from the first Bench Mark to a second Bench Mark. PLL:drc EXX 004634 943'*00090 STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared ___________________________________________ _ known to me to be a person (Individual's Name) whose statement is worthy of full faith and credit, who, being by me first duly sworn, on his oath deposes and says as follows: My name is (Individual's Name) Under date of_____________________________ ________________________________________ (Contract Date) (Contractor) as Contractor and Exxon Company, U.S.A. as Exxon entered into Contract No. under the terms of which Contractor was to perform the following work or service for Exxon Company, U.S.A., to-wit: Affiant says that all bills, costs, and indebtedness for labor and/or material used or employed or which arose in any manner in connection with the performance of said contract have been satisfied and paid: and that there are no unsatisfied claims for injuries to persons or property occuning in anywise incident to or in connection with the performance of said contract up to the date hereof. Further affiant sayeth not. (Individual's Signature) SWORN TO and SUBSCRIBED before me this the day of______________________ 19__ Notary Public in and for -----------------------County, Texas EXX 004635 OFFICE MEMO BROWN & ROOT, INC TO: THOSE CONCERNED FROM: WILLIAM B. STUESSY JUNE 14, 1979 SUBJECT: NEW JOB ASSIGNMENTS--INDUSTRIAL-CIVIL DEPARTMENT THE FOLLOWING JOB NUMBERS HAVE BEEN ASSIGNED TO THE INDUSTRIAL-CIVIL DEPARTMENT TO COVER THE FOLLOWING NEW CONTRACTS: JOB NO. JOB DESCRIPTION 27-4197 WELEX, INC. - INSTALL ELECTRICAL AND PLUMBING UTILITY SERVICES FOR FACILITIES ON HIGHWAY 6, HOUSTON, TEXAS 27-4198 UNCLE BEN'S FOODS - MAINTENANCE SERVICES FOR FACILITY, GREENVILLE, MISSISSIPPI y/27-5783 EXXON COMPANY, U.S.A. - CONSTRUCT FLOOD PROTECTION AT THE DOCK AREA, BAYTOWN, TEXAS 27-5784 HOUSTON LIGHTING & POWER COMPANY - PERFORM REPAIRS TO CEDAR BAYOU INTAKE CANAL SLOPE, BAYTOWN, TEXAS 27-5785 HOUSTON INDEPENDENT SCHOOL DISTRICT - CONSTRUCT IMPROVEMENTS TO PARKING FACILITIES AT BARNETT STADIUM, HOUSTON, TEXAS 27-5786 CITY OF HOUSTON - CONSTRUCT PAVING, BRIDGE, STORM AND SANITARY SEWERS AND WATER MAIN IMPROVEMENTS ON CYPRESS STREET, HOUSTON, TEXAS f t EXX 00^636 Fi V. a> k Om Pi <: # x> 'r? m --. o c. -- 9 ~o CQ fe> 2 _<___fl yV pc -O M M> AMuMMJ UV< s o 4j *C- tb sMj H rn 7 o't " " 5s '1 w ' Ea rr t* TO M 'O Z (A U W H o* -- L^w"5l4 . X . VN.P ' :) C O `1 zw0*A*1 :n s o Q C7 <0o*1w0 - "0 73 MWM O rl *WMi fP A o 01 Ocf "C <<03 aat ~cP *o 00 o o > - A>> o o - P a0O o . * rp 7 O <o Po > < z\ V> 3 o -( -a C 3J m2> HO O o Xz mH 33 z c o c 07 s o 3) X o o r* r* > 33 > O c z >3 <A <>-f o03 E r"O* 8 m mO si c > n d < m o 33 m On m 2 m D -< -< rn m >> 33 33 ?s s o z C7 o C. r* O 03 2 n >d i o^ Om OO m^ g o H X 2 > 33 z o 03 07 c *0 (/) m -i 33 KJ A NJ nj oj 0o b- C7 z cc n n 2 03 X m 3 "0 X m -n X rCoO 8 (0 U3 07 oo oo zz a > a> 33 33 -< < 2 (-- o < a> P> i 0 o o N NaJi NN9J 2 < 07 " H si o r> o oo o z o m H 33 > O H ' si 6 07 8 o o 07 O Tl O z H < m Z OC/7 H *XJ rC07 X m O -o 3 o M, ^ o CO z c 2 03 m X 23 rn o s s oj Q 5 z z > 33 m rv) -3 > O O o c z d z o o "0 Ha X m a oL. m H O Tl -n O m X o 2 m O -r T] O m z LA c 2 <7 03 CO CA) to c ilB MB 2 m CD ZD 5o oc_ CD % e> </) a 33 o o 2H 2 m2 O 4 O S z m a 8dX m 33 o z < m z 6 07 o q a 23 o S z 0= 23 O o c> 0 Jl i G i vi VO PHEPARED BY EXX 004637 ) TO: FROM: SUBJECT: R^ jUEST FOR ASSIGNMENT OF JOB NUw.jER BROWN & ROOT, INC. AND ASSOCIATED COMPANIES - ACCOUNTING DEPARTMENT ------- ^-2/^ATEI-----*--------- JOB NUMBER ASSIGNMENT - Brown & Root, .Inc.--------------- _ --Industrial-Civil_____________ | COMPANY) (DEPARTMENT) JOB INDUSTRY TYPE: Industrial --PilingSUB-DIVISION: Baytown Field Office PLEASE ASSIGN A JOB NUMBER TO BE USED FOR RECORDING OF INCOME AND COSTS RELATING TO THE CON TRACT DETAILED BELOW: OWNER:Exxon Company, P. S. A. PRIME CONTRACTOR: Brown & Root, Inc. CONTRACT DATE: May 2, 1979 DESCRIPTION OF WORK AND LOCATION: Flood Protection, Dock Area, Exxon Co., U. S. A., Baytown, TX TYPE OF CONTRACT: UNIT PRICE ( JOINT VENTURE ( ), OTHER ( ), ), LUMP SUM { XX ), FORCE ACCOUNT ( (EXPLAIN) ), COST PLUS FEE ( ), ESTIMATED COMPLETION DATE: August _lt 1979OR CONTINUOUS ( CONTRACT AMOUNT: $ 246>540-00 ACTUAL ( XX ), ESTIMATED ( TERMS OF PAYMENT: PROGRESS BILLINGS-MONTHLY ( XX ), WEEKLY ( ), BIWEEKLY ( SEMIMONTHLY { ), REVOLVING FUND ( ), OTHER ( ),: ). ). (EXPLAIN) ). PERCENT RETAINED: 10_ %OF Progress Billings OTHER ( ),: _____________________________________________ (EXPLAIN) TO BE COMPLETED ONLY FOR JOINT VENTURES: PARTNERS AND PARTICIPATION: SP-QN&QB-:% ATTACH FINANCING CURVE OR CASH FORECAST: '8 NUMBER ASSIGNED: 27-5783 Copy of Contract Attached ORIGINAl___ACCOUNTING DUPLICATE _ RETAINED TRIPLICATE -- TRC A8UR Y/CREOIT QUADRUPLICATE PURCHASING %% %% 7~ (SIGNATURE OP EMPLOYEE REQUESTING JOS NUMBER) Labbe/Baugh Form m EXX 00483B PURCHASE ORDER Brown GTRootlnc. P. 0 Bo* 3. Houston. Txas 77001 5-21-79 SHIP TO BROWN & ROOT, INC. C/0 EXXON CO. U.S.A. MISCELLANEOUS WORK, NUMBER BELOW MUST BE SMOMN ON Au.SHIPMENTS INVOICES AMO CORRESPON DENCE P. 0. NO. SHIP VIA BAYTOWN, TEXAS SUBCONTRACTOR'S ROUTING SHIPMENT PROMISED 6Y terms cgu, coND. 32 PER B & R PROJECT MGR'S SCHEDULE 102 RETAINAGE REQ NO 027-16769 ORIGINAL NOTIFICATION CONFIRMATION I XXX FOB JOBSITE PROJECT & ACCOUNT NO 27-5763 (5) 1005 TO L 11408598 SERVICE PAINTING COMPANY P. 0. BOX 2353 BEAUMONT, TEXAS 77704 SELLER WILL SIGN AND RETURN CARBON CG?v OF THIS PURCHASE ORDER ACCENTING ALL TERMS AND CONDITIONS UNDER WHICH IT IS ISSUED PLEASE RENDER INVOICES IN QUADRUPLICATE J SELLER MUST SIGN AND RETURN ACCEPTANCE COF ADDITIONAL NUMBERED PAGES AS SHOWN ABOVE.* ATTACHMENTS REFERRED TO. ITEM QUANTITY UNIT DESCRIPTION LSLGNATURES. AS MANY X. A NO OTHER UNIT PRICE AMOUNT WHEREVER THE TERMS "PURCHASE ORDER" AND "CONTRACT" APPEAR ON THIS FORI! THEY SHALL BOTH BE CONSTRUED TO MEAN "SUBCONTRACT". WHEREVER THE TERM "SELLER" APPEARS ON THIS FORM IT SHALL BE CONSTRUED TO MEAN "SUBCONTRACTOR". WHEREVER THE TERM "BUYER" APPEARS ON THIS FORM IT SPALL BE CONSTRUED TO KEAN "GENERAL CONTRACTOR". THE ATTACHED GENERAL CONDITIONS (FORM P-50 1/79) ARE HEREBY INCOR PORATED AS PART OF THIS SUBCONTRACT. 1.0 SUBLET WORK 1.1 SUBCONTRACTOR SHALL FURNISH ALL LABOR MATERIALS, TOOLS, EQUIPMENT, INSURANCE, SUPERVISION AND ALL OTHER ITEM(S) NECESSARY TO SANDBLAST AND PAINT SHEET PILINC FOR TOUCH DP IN ACCORDANCE WITH EXXON DRAWING NO. 684-140-127, LOCATED IN THE DOCK AREA OF THE EXXON COMPANY U.S.A. FACILITY IK BAYTOWN, TEXAS. to GYr to IN cr O / -r to 1.2 SUBCONTRACTOR SHALL PERFORM THE SUBLET WORK IN STRICT ACCORDANCE WITH THE DIRECTIVES OF THE CENERAL CONTRACTOR'S JOB SUPERINTENDAKT OR HIS DULY AUTHORIZED REPRESENTATIVE. 2.0 SUBCONTRACT PRICE GENERAL CONTRACTOR AGREES TO PAY SUBCONTRACTOR FOR COMPLETE, SATISFACTORY, AND TIMELY PERFORMANCE OF SUBLET WORK IN STRICT COMPLIANCE WITH THE REQUIREMENTS OF THE SUBCONTRACT DOCUMENTS * FOR THE TOTAL FIRM LUMP SUM PRICE INCLUDING ALL APPLICABLE SALES/USE TAXES................................................................................................... A-- L/t $2,600.00 l!C COY/pt IN.cNOEO USE OF MATERIAL SANDBLASTING 6 TOUCH UP PAINTING IN DOCK AREA REOUISmOMER R. R. FALKNOR BROWN & ROOT. INC. BUYER 4;4 ThaUa.c ifr. A-f SELLER ACCEPTANCE SIGNATURE DATE S>/l5j7-L DATE 7 ' -79- ACCEPTANCE COPY SUBCONTRACT EXX 04639 P-2C J4 ,5.7 PAGE 2' OF 3 . P. O. NO. ^27-5783-5000 ITEM OtMNTITY UNIT 3.0 TIME OF PERFORMANCE DESCRIPTION PURCHASE ORDER CONTINUATION UNIT PRICE AMOUNT 3.1 SUBCONTRACTOR SHALL COMMENCE SUBLET WORK AS DE SCRIBED HEREIN OH OR ABOUT JUNE 8, 1979, AND SHALL PERFORM ALL WORK IN A DILIGENT MANNER UNTIL ALL ASPECTS OF THE WORK ARE COMPLETE. 3.2 SUBCONTRACTOR SHALL CONTACT GENERAL CONTRACTOR'S PROJECT MANAGER PRIOR TO MOVE ON IN ORDER TO SCHEDULE AND COORDINATE TEE SUBLET WORK. 4.0 PAYMENT AND PERFORMANCE BONDS THERE IS NO REQUIREMENT AT THIS TIME TO FURNISH SEPARATE 100% PAYMENT AND PERFORMANCE BONDS. HOWEVER, GENERAL CONTRACTOR MAY AT ANYTIME DURING COURSE OF THIS SUBCONTRACT REQUIRE SUCH BONDS TO BE FURNISHED IN ACCORDANCE TO GENERAL CONDITION 19. IF BONDS ARE REQUIRED AT A LATER DATE, THE PREMIUM SHALL BE REIMBURSABLE TO THE SUBCONTRACTOR. 5.0 INSURANCE CERTIFICATES 5.1 SUBCONTRACTOR SHALL FORWARD IT'S INSURANCE CERTI FICATE STATING THE NAMES OF ITS INSURANCE CAR RIERS) AND CERTIFYING THAT ITS INSURANCE COVER AGE MEETS WITH THE REQUIREMENTS OF GENERAL CON DITION 21. 5.2 SUBCONTRACTOR INSURANCE CERTIFICATES SHALL REF ERENCE THE PROJECT AND SUBCONTRACT NO., AND SHALL MAIL ONE COPY TO THE FOLLOWING ADDRESS PRIOR TO ARRIVAL AT THE JOB SITE: BROWN & ROOT, INC. P.O. BOX 3 HOUSTON, TEXAS 77001 ATTN: K. J. MC COY (01-116) 6.0 INVOICE SUBCONTRACTOR SHALL SUBMIT INVOICES IN QUADRUPLICATE ACCORD ING TO THE PROVISIONS SET FORTH IN GENERAL CONDITION 32 AND AS MODIFIED HEREIN TO THE FOLLOWING ADDRESS: BROWN & ROOT, INC. P.O. BOX 4060 BAYTOWN, TEXAS 77520 ATTN: JOE LABBE .AS MANY ADDITIONAL NUMBERED PAGES AS SHOWN ABOVE.m AND OTHER ATTACHMENTS REFERRED TO ACCEPTANCE COPY EXX 0046* iZC-1*<i-78l PAGE OF ,P. O. NO. ) 27-5783-5000 ITiM QUANTITY UNIT 7.0 ASSIGNMENT DESCRIPTION PURCHASE ORDER CONTINUATION UNIT PRICE AMOUNT SUPPLEMENT TO GENERAL CONDITION 17: SUBCONTRACTOR AGREES THAT GENERAL CONTRACTOR MAT ASSIGN THIS SUBCONTRACT TO OWNER AT ANT TIME WITHOUT AFFECTING THE SUB CONTRACTORS DUTIES, RIGHTS, AND OBLIGATIONS HEREIN. PRIOR TO ASSIGNMENT NO CONTRACTURAL RELATIONSHIP EXISTS BETWEEN SUBCONTRACTOR AND OWNER. 8.0 SAFETY REGULATIONS SPECIAL ATTACHMENT ENTITLED, "CONTRACTOR RESPONSIBILITIES FOR SAFETY, PLANT SECURITY AND TRAFFIC REGULATIONS", DATED 1-9-79, IS HEREBY INCORPORATED AS PART OF THE SUBCONTRACT. 9.0 AFFIDAVIT TWO COPIES OF THE GENERAL CONTRACTOR'S "AFFIDAVIT FOP. SUB CONTRACTOR" (FORM P-7) ARE ATTACHED. CONTRACTOR SHALL EX ECUTE AND RETURN ONE COPY WITH HIS FINAL OR RETAINAGE IN VOICE. 10.0 ACKNOWLEDGMENT TO ENSURE PROMPT PAYMENT OF INVOICES, PLEASE EXECUTE AND RETURN THE ACCEPTANCE COPY TO THE EXACT ADDRESS SHOWN BE LOW ON OR BEFORE JUNE 1, 1979. BROWN & ROOT, INC. P. 0. BOX 3 HOUSTON, TEXAS 77001 ATTN: K. J. MC COY (01-116) THIS CONTRACT CONSISTS OF PAGE 1 BEARING SIGNATURES. AS MANY ADDITIONAL NUMBERED PAGES AS SHOWN ABOVE.XHK BEMXKXBBBMPCAlBBCOUlNKHXigiBXWUMDBWUWCTXXKXXK AND other attachments referred to. ACCEPTANCE COPY EXX 004641