1995 Metric CSJ SPECIAL PROVISION ITEM 7. Legal Relations And Responsibilities To The Public

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1 1995 Metric CSJ SPECIAL PROVISION TO ITEM 7 Legal Relations And Responsibilities To The Public For this project, Item 7 "Legal Relations and Responsibilities to the Public", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of the Item are waived or changed hereby. Article Work in area with Contamination is supplemented by the A portion of the work is within a soil hydrocarbon contaminated area from petroleum fuels, including but not limited to gasoline, diesel, kerosene, etc., and other petroleum based chemicals used during previous commercial activities. The Waste Management Plan for the North New Braunfels Road between IH-35 and Grayson Street Project (WM Plan). This document shall be read and understood by the Contractor signatories. The document shall be signed and returned to the Engineer prior to any work in the designated area. The Contractor shall turn in a finalized copy of the Health and Safety (H & S) Plan; copy of 40 hour HAZWOPER Training certificates; copy of eight (8) hour Supervisory Training certificates; copy of Medical Examination Record for all employees qualified to work within the contamination area, for review and approval prior to beginning construction. 1. Introduction. (1) Purpose and Scope. The Contractor shall comply with applicable regulations contained in Part 29, Code of Federal Regulations (CFR), Sections 1910 and The Contractor's Health and Safety Plan (H & S Plan) shall comply with applicable regulations contained in 29 CFR The Contractor shall review and apply the standards found in Section (hazardous waste operations), Subsection M (personal protective equipment), and Subsection Z (toxic and hazardous substances). Additionally, the Contractor shall review and incorporate into the H & S Plan all relevant construction procedures which are regulated by Section Where the various sections of the Occupational Safety and Health Administration (OSHA) regulations require specific subplans/programs, such as Confined Space, Lockout/Tagout, Hazard Communication, Excavation and Trenching, etc., written documentation will be developed that is specific for the potential hazards associated with this construction effort. This is in addition to standard OSHA requirements for this type

2 of construction project. Appropriate traffic control devices and site access limitation devices shall be utilized according to applicable regulations and the approved H & S Plan. This H & S Plan shall be developed for management of petroleum hydrocarbon contaminated soils, groundwater and other wastes with in the limits of the project in San Antonio, Texas, as described in the report. This plan shall describe safety and health procedures required by current state and federal regulations for Contractor personnel involved in construction activities in the designated areas of concern. This document addresses only those issues related to safe operating procedures in areas where known or potential contamination of soil and/or groundwater exists. It shall be used in addition to, and not in lieu of, the Contractor's standard construction H & S Plan while operating within the designated areas. (a) Elements. The site H & S Plan, as a minimum, shall address the 1. A health and safety risk or hazard analysis for each site task and operation found in the workplan. 2. Employee training assignments to assure compliance with OSHA 29 CFR (e). 3. Personal protective equipment to be used by employees for each of the site tasks and operations being conducted as required by the personal protective equipment program in OSHA 29 CFR (g). 4. Medical Surveillance requirements in accordance with the program in OSHA 29 CFR (f). 5. Frequency and types of air monitoring, personnel monitoring, and environmental sampling techniques and instrumentation to be used, including methods of maintenance and calibration of monitoring and sampling equipment to be used in OSHA 29 CFR (h). 6. Site control measures in accordance with the site control program required in OSHA 29 CFR (d). 7. Decontamination procedures in accordance with OSHA 29 CFR (k). 8. An emergency response plan meeting the requirements of OSHA 29 CFR (9 and 10) of this section for safe and effective responses to emergencies, including the necessary PPE and other equipment. 9. Confined space entry procedures 29 CFR A spill containment program meeting the requirements of OSHA 29 CFR A site map with a route and phone number to the nearest emergency medical facility

3 12. Personal Protective Equipment (PPE) levels shall be defined as appropriate to site contaminant concentrations in order to maintain worker safety. (2) Applicability. Compliance with this plan is required for all onsite personnel. All Contractor personnel are required to be familiar with its details and implications. The plan will be reviewed by the Contractor personnel in a safety meeting prior to beginning work, and each worker should sign an acknowledgement that they have reviewed the plan and understand its provisions prior to conducting work in the designated area. Contamination of the soil has been documented within the designated area. (3) City of San Antonio (CoSA) and/or CoSA's Representative Responsibilities. (a) Introduction. A representative of the CoSA will be onsite during construction activities to collect soil and air samples to monitor environmental conditions during construction activities. The representative will work closely with the Engineer, CoSA and the Contractor to keep them apprised of environmental conditions. At the direction of TxDOT, a CoSA representative will make periodic inspections of the Contractor's H & S Plan. The representative will report any deviations of the procedures and requirements outlined in the H & S Plan to TxDOT. Tasks assigned to the CoSA's representative include the monitoring of soil contaminant levels during earthmoving and excavation activities, storage and treatment of any contaminated groundwater or decontamination fluids found, inspections, documentation and coordination with CoSA, the Engineer and Texas Natural Resource Conservation Commission (TNRCC) representatives. (b) Monitoring of Soil Conditions. The CoSA or CoSA's representative will field-screen representative soil samples during excavation activities. Samples will be screened using a suitable field-screening device. Data resulting from the field-screening activities will be used to identify contaminated soil for transport to the stockpile. Details on the handling of the soil are contained in the Waste Management Plan (WM Plan). (c) Dewatering and Decontamination Fluids Disposal. Should dewatering activity be necessary, the CoSA will provide for storage. CoSA or CoSA's representative will provide for sampling, analysis, and ultimate disposal of the groundwater. Details on dewatering and decontamination fluids disposal are provided in the WM Plan. The CoSA is responsible for dewatering and supplying adequate temporary storage. 2. Contractor General Requirements

4 The Contractor is ultimately responsible to ensure adherence to the provisions of this H & S Plan during construction activities through the designated areas. The Contractor will provide all H & S Plan decontamination equipment and supplies as are specified in this H & S Plan, as well as ensure that their field personnel meet the medical surveillance and H & S Plan training requisites. (1) Site Safety Officer. It is the responsibility of the Contractor to assign a Site Safety Officer (SSO). Under certain site conditions which could be encountered in the designated area, specific Contractor personnel require "level C" personnel protective equipment. The SSO is to be selected based on demonstrated prior experience in conducting site safety operations to the level of protection anticipated for construction activities through the area of concern. The SSO is a member of the project team whose primary responsibility is to oversee team compliance with the H & S Plan. The SSO will work closely with the CoSA or CoSA's representative to ensure a safe working environment. At a minimum the SSO does the 1. Implements the Contractor's approved H & S Plan. 2. Verifies that assigned personnel have current fit-for-duty medical and training authorization. 3. Determines that safety equipment is used properly and is calibrated in accordance with manufacturer's instructions or other standards, and that results are properly recorded and filed. 4. Provides ongoing review of the adequancy of the assigned protection level as project work is performed, and informs the field personnel of the need to upgrade/downgrade protection levels as appropriate. 5. Corrects any unsafe or potentially unsafe working conditions, or stops work in emergencies until such conditions are corrected. 6. Conducts site safety briefings for personnel prior to the initiation of each field project, and as necessary thereafter hold H & S Plan Briefings and Meetings for each staff member assigned to the site. 7. Monitors safety performances of all field personnel for compliance with the H & S Plan. 8. Implements decontamination appropriate procedures for site conditions as required. 9. Provides a complete injury/exposure report on all injuries and exposures. (2) Contractor Field Personnel

5 The field activities staff includes those project personnel who will conduct work in the designated area. It is the responsibility of all field team members to evaluate the work conditions, and, if in doubt about the safety of an operation, to request assistance from the SSO. The Contractor shall ensure that individual field personnel will at a minimum do the 1. Sign the plan acceptance form, thereby indicating that he/she has read, understands, and will abide by the project H & S Plan. 2. Take all reasonable precautions to prevent injury to himself/herself and to his/her fellow employees. 3. Report any deviation from the anticipated conditions described in the H & S Plan and report any accidents and unsafe conditions to the SSO for action. 4. Maintain personal employee exposure forms (if required). 5. Properly decontaminate field equipment prior to leaving the site hour HAZWOPPER Training Certification. 3. Known Site Contaminants. The anticipated contaminants are petroleum fuels, including, but not limited to, gasoline, diesel, kerosene, etc., from leaking petroleum storage tanks, other petroleum based chemicals used during previous commercial activities and other potential contaminants identified in the WM Plan. Soil: Identified Total Petroleum Hydrocarbons (TPH). TPH is the primary concern. Lead was detected in the groundwater at the time of investigation. Any compound detected in the soil could also be present in the groundwater and intrusion water. Prudent safety and health measures and monitoring should be conducted during construction activities in the area. The Contractor should refer to the WM Plan for additional direction on monitoring and safety consideration

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