1.1 Before the commencement of any Work involving asbestos (“Asbestos Work”), Subcontractor shall provide ERM documentation showing that all workers, supervisors, and inspectors to be performing Asbestos Work are properly trained and certified in accordance with any and all Laws, related to asbestos, of any governmental authorities that may have jurisdiction over the Asbestos Work (hereinafter collectively referred to as “Asbestos Laws”), including but not limited to EPA Asbestos National Emission Standard for Hazardous Air Pollutants, 40 C.F.R. Part 61, Subparts A and M (the “Asbestos NESHAP”), EPA Accreditation Requirements for Asbestos Abatement Personnel under the Asbestos School Hazard Abatement Reauthorization Act, 15 U.S.C. §§2641-56, EPA Requirements for Asbestos-Containing Materials in Schools and Asbestos Worker Protection, 40 C.F.R. Part 763, Subparts E and G, OSHA Asbestos Standard for General Industry, 29 C.F.R. §1910.1001 (“OSHA General Asbestos Standard”), and OSHA Asbestos Standard for Construction Work, 29 C.F.R. §1926.1101 (“OSHA Construction Asbestos Standard”).
1.2 Documentation showing that the required training has been completed and/or that the appropriate certifications have been obtained shall be posted and available at the job site, as required by Law.
2. Compliance with Law.
2.1 Subcontractor shall perform all Asbestos Work in accordance with all Asbestos Laws, including but not limited to the Asbestos NESHAP, the OSHA General Asbestos Standard, and the OSHA Construction Asbestos Standard.
2.2 Subcontractor shall use an appropriately trained and certified asbestos inspector to inspect any building components or materials that are or could be affected by, or the subject of, the Asbestos Work to be performed by the Subcontractor and will make an independent determination as to whether such materials are Asbestos Containing Material, as defined by Asbestos Laws, or contain any asbestos. Subcontractor shall be responsible for reviewing any operation and maintenance plan or other available documents that identify Asbestos Containing Materials and Presumed Asbestos Containing Materials. Subcontractor shall be solely responsible for determining how to perform the Asbestos Work in accordance with Asbestos Laws.
2.3 Before the commencement of any Asbestos Work, Subcontractor shall post EPA and OSHA compliant caution signs in and around the work area(s) in compliance with Asbestos Laws.
2.4 Subcontractor shall be responsible for providing any and all required notifications under Asbestos Laws, and obtaining, maintaining, and complying with all permits, authorizations, consents or approvals from any and all governmental authorities required in connection with the Asbestos Work.
2.5 At least 15 days prior to project commencement, Subcontractor shall provide to ERM drafts of all notifications required to be submitted to EPA and any state or local agencies having authority over the Asbestos Work.
3. Work Practices.
3.1 Prior to performing the Asbestos Work, Subcontractor shall provide ERM with a work plan setting forth the procedures to be used in performing the Asbestos Work, including but not limited to (1) the location of the Asbestos Work areas, (2) lay out and construction details of work area containment and decontamination areas, (3) air monitoring procedures, and (4) a detailed description of the work practices and methods to be employed to minimize the potential for asbestos fiber releases.
3.2 Subcontractor represents and warrants that all vacuums and local exhaust ventilation equipment to be used for the Asbestos Work conform to applicable EPA, OSHA and ANSI standards and guidance.
3.3 Subcontractor shall ensure that no workers eat, drink, smoke or chew gum or tobacco while in work area(s) or performing Asbestos Work.
4. Clean-up and Disposal.
4.1 Subcontractor shall ensure that Asbestos Containing Materials or materials containing any asbestos that have been removed remain adequately wet until collected and placed in leak-tight containers. Subcontractor shall also ensure that all waste containers have appropriate labeling in accordance with Asbestos Laws.
4.2 Subcontractor shall promptly clean-up and dispose of all wastes and debris contaminated with asbestos, and shall use vacuum cleaners equipped with HEPA filters and/or wet methods for such clean-up.
4.3 Subcontractor represents and warrants that the facilities to which waste materials will be taken have all required permits, licenses, authorizations, consents and approvals necessary to accept Asbestos Containing Materials. All waste materials shall be disposed at facilities that Subcontractor has identified to ERM and obtained ERM’s approval prior to commencement of the Asbestos Work.
4.4 As a condition of Final Payment to Subcontractor from ERM, Subcontractor shall deliver to ERM all waste disposal manifests and chain-of-custody forms and Subcontractor’s written guarantee that all waste materials containing asbestos have been disposed in accordance with all applicable laws.
5. Air Monitoring.
5.1 Before, during and after the Asbestos Work, Subcontractor shall conduct appropriate periodic air monitoring to ensure that the Subcontractor is complying with Asbestos Laws. The air monitoring shall be conducted in accordance with approved EPA methods. Subcontractors shall report the air monitoring results to ERM within 24 hours after receipt of the results.
5.2 Exposure assessments, personal air monitoring and other monitoring which is required by law or considered necessary for worker protection shall be the responsibility of the Subcontractor.
5.3 After completion of the Asbestos Work and all cleaning operations, Subcontractor shall be responsible for cleaning the work area(s) so that there is no visible dust or debris, and so that the air monitoring results are below the applicable minimum standard.
6. Insurance and Indemnification.
6.1 The requirements of this Section 6 are in addition to and do not limit Section 21 of the General Terms and Conditions. Subcontractor must verify coverage for bodily injury, property damage and environmental damage (including cleanup) for loss arising out of work performed by the contractor, with a limit of not less than $5,000,000 each occurrence. The evidence of such coverage must confirm that asbestos exclusions do not exist, or have been removed in their entirety. Such insurance must name ERM and Client as additional insureds.
6.2 Without limiting any other indemnity obligations under the Subcontract, Subcontractor agrees to indemnify and hold harmless the Indemnified Parties from and against any and all Claims arising out of, resulting from or associated with waste, debris, or any other materials removed from the Project Site as part of the Asbestos Work and disposed of off-site, including without limitation the collecting, transporting, treatment, disposal or other handling of such materials, under any Law whatsoever, including without limitation Environmental Laws and specifically the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et. seq., and analogues state statutes, irrespective of whether or not the Subcontractor is negligent with respect to such materials or has handled such materials in conformance with applicable law. This indemnification shall commence upon the removal of any such material from the Project Site. This indemnification shall survive the expiration or any earlier termination of the Subcontract.
ERM Legal Department
March 8, 2010