Document 2RZYaRxjrjyLmYe681pMDv235

rOKX VO. t4 - THIS AGREEMENT made and entered into by and between CONSOLIDATED CHEMICAL INDUSTRIES Division o Stauffer Chemical Company, hereinafter styled "Consolidated," and BROWH AMO ROOT. XMC -----------------------------------------------------------------------------------hereinafter styled "Contractor," WITNESSETH: 1. For the consideration and under the terms and conditions hereinafter stated. Contractor agrees to begin immediately and to complete with due diligence, hut in eny event within not more thenworking days, in accordance with the plans and specifications hereto attached and made a part hereof and in a careful and work manlike manner, with the necessary crews, tools, machinery and equipment furnished and maintained by Con tractor, at ita own cost and expense, except as hereinafter provided, certain work briefly described as follows: 0neral plant aalntanaas* work as daalgnatad by plant xanagar and/*? plant auppvlntendant-during tba alx month* period baginning Saptanbar 1, 1958 8*4 uuSlag ytbruary So, 1959, MATERIALr purohaaa material a* raquawted by plant manager and/or plant sixpat^latandeats Contraatar la to furnish sertlflaatos of lnauranoa In tha typo and limit* shorn on tha oortlflaato of lnauranoa lasued to Conaalldatad by Contractor1a Insurer and now on flla with consolidated. 2. As consideration for the full and complete performance of this contract by Contractor, Consolidated agrees to pay to Contractor upon completion end acceptance of said work es follows: LABORS Dlrast payroll plus a fad ef forty paraant (400) on straight tin* ind-thirty and anahalf pareant (30.50) an overtime, whloh fee Inoludea auparvialen above tha erada -ot Oanaral Soraaan, werkaan' a oompnsatlon, payroll tax**, inuranoa, ganaral oftioo and flald offloe axpanoa and any Items of miaellaneou* overhead normally, inotirrad by a oontraotor in aoanaot^on with thid typd df work. Attadhad 1* d llat of wage rataa' owraatly in offst In tha Baytown area, aa wall aa equipment rataa ourrwtxy U> Rfadt. ' ^apa shail ba po fee on rental equipment, either. oqatraatqr'tqr .equip ment rented by oontraotor In the event oontraotor aarmpt furbish hie own equipment. MAJHgAbi street Invoice* coat of all material plua a fee of tan paraant (lOj.vhleh fee Inoludae purohaelnx,: proaurlng and expoditing of asterlala, Sontraeter shall taka advantage of all eaah dieoounta allowed far prompt payment of Invoioaa randorad by ita auppliera. All oaah discounts taken and trade dlbaeunta allowed ohall be for Conialldated 'a heoouat ^ 5, It is understood and agreed, any provision herein to tha contrary notwithstanding, that all work to done by this Contractor shall meet with the approval of Consolidated's Plant Manager at *ha ______ plant hut that the detailed rnmnnpr and method of doing same shall be under the control of Contractor, Consolidated being interested only in the result obtained, and that Contractor is an independent contractor as to all work per- formed hareunder. Contractor agrees to protect its employees by carrying workman's compensation insurance in compliance with tho Workman's Compensation Law of the state where the work is to be performed, and (unless spe cifically provided otherwise in Article 2 of this agreement) to carry General Public Liability and Property Damage Insurance with limits of 5100,000 for bodily injuries to any ana person, and $500,000 for bodily injuries to persons in any one accident, $25,000 for damages to any one person's property, and $60,000 for damages to property from any ana accident, and Automobile Public Liability Insurance with limits of $l00,000/$500,000 for bodily injury and $25,000 for property damage. Certificates of insurance to be furnished to Consolidated fix* approval before work is begun. Contractor further agrees to protect, indemnify, and save Consolidated harmless front and against all claims, demands, and causes of actios of every kind and character an account of personal injuries or injuries resulting in death to persons or damages to property in any way resulting from the willful or negligent acts or amissions of Contractor, Contractor's agents, employees, or representatives. 4. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with tha work performed hereunder for Consolidated as Herein contemplated and pay off and satisfy all other claims and charges levied, assessed, or arising by reason of the work performed by or activities of this Contractor whether made by the Federal or State governments or any subdivision thereof cor by any other pencil at party. Contractor agrees to permit no liens of any kind to be fined upon or against the property of Consolidated by Contractor's laborers, mechanics, or materialman, agrees to indemnify, protect, and save fy.Tixnlidafftd harmless from against all **1*TM***, chargee, described in this paragraph 4. 5. Contractor agrees that if, in the jgjJtjyo^opinion of Consolidated.'* Plant Manager, herein described Con tractor, should fail at any time during the performance hereof, to perform the work herein undertaken ia strict accordance with the terms of this agreement or to use due diligence in completing the work in the time or in the manner required. Consolidated may, at its election, either terminate this contract forthwith, upon which event Contractor shall thereupon be paid only for the proportionate amount ct work satisfactorily completed at the time of such termination, less any deductions necessary or proper to insure Consolidated against any loss in connection with the completion of the work, or Consolidated may take over and perform, for its own account, all or any part cf the work then remaining unperformed. alyiU^Pi fr** Consolidated shall exercise the right to take over or perform all or any part of the work remaining unperformed. Consolidated shall have the right to uxe 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 Consolidated and shall return to Contractor upon the completion of the job in as good condition as when taken over by Consolidated, ordinary wear and tear excepted. Should Consolidated take over completion of said job, it shall pay Contractor for the work then completed, subject to the later provisions hereof, unless under the prt> visioni-of paragraph 2 above, the compensation for the completed work cannot be readily determined ia which Latter event*. Consolidated, shall .pay-Contractor the full contract price'ls< ol> other costs and expenses incurred by it in cozmectiozx with <uch work. T1>l,^*|||||j|Ji;ilwfWirlfaUlluaajUlililSwjt>ftaiaillMllB^klHh^ aaKUaabiiawiiiiinriiiifa ef avttiiseows Such judgment or opinion mgy be. exercised only'by the Piltant Manager himself with respect, to this- para- graph, but in all other matters pertaining to this agreement tho Plant Manager may set through his representative or, representative*. 6. Contractor agrees that, upon the completion of the work herein contracted for, it will furnish Consolidated with proof satisfactory to Consolidated that ail rlkvmi for labor and material have bees, 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 Consolidated to Contractor, subject, however, to the right in Consolidated to withhold payments in accordance with the provisions ol any statute, law, or regulation applicable to such matter*. Before final payment is made, the completed work shall have been inspected and accepted by Consolidated's Plant Manager, and if it is not up to Consolidated1* requirements it shall be made so by Contractor at Contractor's expense provided that Consolidated may make payments on account for work actually dons and provisionally accepted, without prejudice to any right of Consolidated to reject or require changes in any pert of ths work assumed by Contractor. Contractor will allow Consolidated to inspect the books for purpose of verifying bills-rendered, and statements made by Contractor. 7, In performing its obligation! hereunder. Contractor shall comply with all applicable laws. Stats or Federal and with all applicable orders, rules, and regulations of constituted authority. Contractor agrees to indemnify and hold Consolidated harmless from all cost and expense ""ring from the failure of Contractor to comply with such laws, orders, rules and'regulatings., `' 8.*'Cdhtractnr"efciII"not assign the Vights or obligations or any rum'that may accrue to Contractor~hereunder without the written consent of Consolidated. ' 9. Consolidated reserves the right during the progress of the work to any changes, additions or deletions in the original plans end specifications. All changes are to be made in writing and accepted by- both parties before proceeding-with the-work. Alterations - shall not invalidate the contreCt.No bills for extras will be allowed unless ordered in writing by Consolidated. IN TESTIMONY WHEREOF, witness the signatures of the parties hereto in duplicate Augu**______________, 19--2 of CONSOLIDATED CHEMICAL INDUSTRIES Division of Stauffer 0>*mirjI Company Approved: lU) W.O. No. A. R. No. m:ip* Brown and Root, Inc. P. 0. Box 3 Houston, Texas Contract B-34 Gentlemen: We enclose your two fully executed copies of Contract B-34 covering general plant maintenance work as designated by plant manager and/or plant superintendent during the six month period beginning September 1, 1958 and ending February 28, 1959 at our Baytown, Texas works. Certificate of Insurance covering your operations is in our file. Yours very truly, ALSweitzer/meb Enel. `ZZZ'-'X - SL-Jjl Purchasing Agent K. KLEPPQ-