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PLAINTIFF'S EXHIBIT ASA-1244 PLANT JOB/APPROPRIATION NO. CHANGE ORDER ASARCO Incorporated PURCHASING DEPARTMENT 120 BROADWAY, NEW YORK, N.Y. 10005 PAGE 1 OP DATE 2/21/79 ORDER NO. 18H- 06 9 2 REQUISITION NO EP- 12 Additional to: S.W.Ind.Contractors & Riggers, inc. 7155 Industrial Ave., PO Box 1611 El Paso, Texas 79918 Attn; Mr. Bill Fiske DATE REQUIRED AT DESTINATION As Arranged FINAL OESTINATION-PLEASE NOTE CONSIGNMENT AS INDICATED ON ORIGINAL ORDER El Paso, Texas (85270) SHIPPING INTERVAL PROMISED SELLER WILL SHIP BEFORE QUANTITY UNIT SPECIFICATIONS ITEM NO. UNIT PRICE (CO-79- 144) THE PURPOSE OF THIS CHANGE ORDER NO. 3 .IS: To add the following to the scope of the work to be performed against our contract as identified by our above numbered order as follows: 1. Labor, equipment & material to change the spray chamber door as shown on Asarco Dwg. 23708-x (Acct. No. 623-10305-18) ............^............................................. 2. Additional spray chamber door revisions re quired by field conditions (Acct.'No. 623-10305-18) ............................................................... 3. Remove toe plate from handrail & weld to protruding pipe sleeves (Acct. No. 623-10307-18) ............................................................... 4. Credit for our cost to repair leaks (Acct. No. 623-10601-18) ................................................................ Above refers to your Mr. Bill C. Fiske's letter, #RS--1 dated Jan. 16, 1979 directed to our Mr. carl Glaser. LOT $1,192.40 755.07 1,170.02 a/806.14: NOTE TO PLANT: C. Glaser - Above per your memo of Feb. 12, 1979. IMPORTANT This change order is not binding on purchaser unless the attached Acknowledgment Card is signed by an authorised agent of seller and returned promptly to purchaser. FOR PURCHASING DEPARTMENT USE ONLY E$l,311.00 TVO BIIPCERCC .distribution 3--Plant 601 pc 206 ASARCO pnir.. Rpvicenciw PLEASE ENTER OUR CHANGE ORDER FOR THE ITEMS SPECIFIED ABOVE SUBJECT TO ALL INSTRUCTIONS AND PROVISIONS ON REVERSE SIDE. By PURCHASING AGENT ASARCO ELP 00094.84 RECEIVED' INVOICE FEB if. 1979 EL PASO SMELTING WORKS P. O. BOX 1611 EL PASO, TEXAS 79948 el paso,Texas February 12, 197 Date - ASARCO Incorporated P. 0. Box 1111 El Paso, Texas 79999 OUR INVOICE NO. 302232 C \ ALBUQUERQUE, N. M. bate PHOENIX. ARIZ. - - Date Req. No. EP-12 YOUR ORDER NO. 18~H~0692 Furnish labor, equipment, material and supervision to fabricate and install partitions at Converter Building 100% Complete $6,435.00 El PASO SMELTING WORKS ENGINEERING DEPT. Q lO-- 06 ANTING CC-tl PASO OftSU DATE. 7 LC- '1^ MATERIAL REQUISITION El Paso Plant DEPT. Time of Issue -- Day Night fol` (cfC-OL Req. #______ Equipment #_______ Expense *_______ Quant. Requested DESCRIPTION Si JLIC1A1I Joeuu' ^ r?022 Unit of Issue Quant. Issued Class : Item # Valu Requisitioned Issued By^ V ASARCO ELP 00094-85 Mr. W. R. Kelly El Paso, Texas PUk .oASING DEPARTMENT April 12, 1978 ,/< A A \ k'cf&iiyL M. Fa^EELGqT'g-j'pJ^HORDER NO. 18H-06Q2 REQN. NO. EP-12 REVERB SPRAY CHAMBER ZPIZ-/78 Herewith four (4) copies of contract properly signed and executed with Southwestern Industrial Contractors s Rig.to cover the Reverb Spray Chamberin accordance with specifications referred to therein. It will be in order for you to hand the signed copy of the Agreement to the contractor, giving him whatever instructions are required to proceed with this work; the remaining three f3^ copies are for the plant file. You will note New York Purchasing Department Order 18H-0692 has been assigned to this contract for reference purposes. As soon as the work is completed to the satisfaction of all concerned, the invoices should be paid locally without reference to this office. However, a copy should be sent to New York for recording. Also, you are to note the expiration date of the insurance. Should the work continue beyond the date shown, be sure to obtain an exten sion to protect the company until the work is completed. FOW:eth Enc. cc: Mr. R. 0. Covington F. 0. WITTWER ASARCO ELP 0009486 APPROVED Of v_ ** Eajio**riaf . Porcb*in* _ C^dit____ ,..l -------- I&*gr*ac - ^ Traffic _______ Cnuptrollara . Operating __ Vice President nnuw to piBOfAsr.NC department CONTRACT FOR Page 1 of 4 A0arco "Lump Sums" Constructioi or Repairs Contract Form PD-20 Revised 5/75 ORDER NO. REVERB SPRAY CHAMBER (Insert name of job) at ASARCO Incorporated'sEl PasoPlant atEl Paso, Texas__________________________ ______________ THIS AGREEMENT- made the 23rd day of March t 19 78 by and between Southwestern Industrial Contractors S Riggerswhose address is P.0. Box 1611, El Paso, Texas 799^8(hereafter called the "Contractor") and ASARCO Incorporated, a corporation of the ^ State of New Jersey, whose address is 120 Broadway, New York, N.Y. 10005 and P.0. Box 1111. El Paso. Texas 79999(hereinafter called (Insert address of plant or unit) the "Owner"). WITNESSETH: The Contractor and the Owner, for the consideration hereinafter named, agree as follows: Article 1, Scope of the Work The Contractor shall furnish all plans, shop drawings, field engineering, labor, materials, transportation, tools, equipment and other facilities, except such items as are hereinafter listed as being furnished or furnished and installed by the Owner, required forReverb Spray Chamber __________________________ at the (Insert name of job) El 'Pasoplant of the Owner atEl Paso. Texas; (Insert town and state) all in accordance with the requirements and provisions of the attached "General Provisions of the Contract" and the drawings and specifications listed below and those drawings and specifications which may be supplied by the Owner or prepared by the Contractor at the Owner's direction subsequent to the execution hereof and c approved by the Owner, all of which are incorporated herein by reference, made a ASARCO ELP 0009487 Page 2 of 4 part hereof and, together with this Agreement, hereinafter referred to collective ly as the Contract: . (List Specifications and Drawings) Request for Quotation - dated January 12, 1978 Revised Request for Quotation - dated February 21, 1978 Southwestern Industrial Contractors & Riggers, Inc. Proposal - dated March 13, 1978 Specification 1.0 - Earthwork '' Specification 2.0 - Concrete (Building Construction) and Caissons Specification 3*0 - Structural Article 2. Time of Completion (a) The work to be performed under this Contract shall be commenced April 10, 1978 and shall be completed by August 8, 1978 , with an extension of time for completion equal to any time lost due to causes which were beyond the control of the Contractor and which were not the result of his fault or negligence. Like extension of .time for completion shall also be allowed for any delays in the progress of the work caused by strikes and other labor disputes, act or neglect of the Owner or of his employees or by other Con tractors employed by the Owner, act of Government, delay in the furnishing of plans and necessary information by the Owner, or,by any other cause which in the opinion of the Owner entitles the Contractor to an extension of time. The Con tractor shall notify the Owner in writing within five days of any occurrence which in the Contractor's opinion entitles him to an extension of time for com pletion. * (h) failuie tu uumpiele'Lhe work within the time stated in thisArfcicl; including any extension allowed pursuant hereto, shall entitle theJhjner-'Co'cleduct from the moneys due to the Contractor as liquidated damages-afl-Smount equal to $ for each calendar day of delay__jjt--he"coinpletion of the work. (c) If the ContractTHr-r^ompletes the entire work covered by this Contract earlier than the_iiater^etermined in accordance with Paragraph (a), the Owner shall__eay--trfreContractor an additional amount equal to _______ for icn calendar day by which the time of completion so determined has been reduced. ASARCO ELP 00094-88 Page 3 of 4 Article 3. The Contract Price The Owner shall pay the Contractor for the performance of this Contract,, subject to any additions and deductions herein provided for the sum of One Hnnfir^ Eiohtv-two Thousand. Nine Huhdred Sixtv-nine dollars ( $182.969.00), lawful money of the United States of America, at the time and in the manner here inafter provided. The Contractor will provide a performance bond for an additional sum of Two Thousand, One Hundred Ninety-six dollars ($2,196.00). Article 4. Progress Payments As soon as practicable after the first day of each calendar month the Con tractor shall present to the Owner an invoice equal to the percentage of' the total, amount of the Contract which has been completed from the start of the job up to the end of the preceding month plus the cost of materials suitably stored at the site thereof, together with such supporting evidence as may be required by the Owner. Subject to verification of such invoice by the Owner, the Owner as soon as practicable after receipt thereof shall pay the Contractor Ninetypercent (90 %) of the amount thereof, less the aggregate of previous payments; and upon completion of the entire work, a sum sufficient to increase the total payments to One Hundred percent ( 100_____ %) of the contract price. In the event at any time prior payments by the Owner equal such percentage of the contract price, no' further payments shall be made until final payment is due. Article 5. Acceptance and Final Payment (a) Upon receipt of written notice from the Contractor that the work is ready for final inspection and acceptance, the Owner shall promptly make such in spection, and if and when it finds the work acceptable under the Contract and the Contract fully performed it shall promptly issue a final certificate stating that the work provided for in this Contract has been completed. The entire balance shall be paid to the Contractor by the Owner within 30 days after the date of said final certificate. (b) Before issuance of the final certificate, the Contractor shall sub mit evidence satisfactory to the Owner that all payrolls, material bills, and other indebtedness connected with the work has been paid, and that the work is free- of all liens and encumbrances. In the case of disputed indebtedness or liens the Contractor may submit, in lieu of evidence of payment, a surety bond satis factory to the Owner, guaranteeing payment of all such disputed accounts when ad judicated. Article 6. Insurance Certificate Prior to commencement of this work the Contractor shall file with the Owner completed certificates of insurance in form of "Insurance Certificate" attached and shall provide insurance coverage in amounts not less than those stated therein. Article 7. Compliance with Laws and Ordinances The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations, bearing on the conduct of the work as drawn and specified. If the Contractor performs any work contrary to any such law, ordinance, rule or regulation, he shall bear all costs arising therefrom. In particular, but without limiting the scope of the foregoing, the Contractor shall, and shall cause any Sub contractor to, comply with the terms and provisions of the Occupational Safety and Health Act of 1970 and all applicable rules, regulations, orders and occupational ASARCO ELP 0009489 Page 4 ot 4 safety and health stanuards promulgated under and issued pursuant to such Act in the discharge of its duties and obligations hereunder. Article 8. Applicable Law The Contract shall be construed and enforced in accordance with the laws of the state where the work hereunder is to be performed. Article 9. Entirety Clause This -Contract constitutes the entire agreement between the parties, and except as may be specifically set forth herein no changes can be made-herein ex cept by an agreement in writing duly executed by the parties or their" duly auth-' orized agents.. IN WITNESS WHEREOF, the parties have executed this. Contract the day and year first above written. Southwestern Industrial Contractors and Riooers. Inc. Title Vice President ASARCO Incorporated Owner Director of purchases ASARCO ELP 00094-90 ASARCO Incor, ated Form PD 20 General Provisions of the Contract INDEX Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Article 24. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. Article 31. Article 32. Article 33. Article 34. Article 35. Article 36. Notice Intent of Contract Documents * Drawings and Specifications Order of Completion; Schedules Contractor's Understanding Materials, Appliances and Temporary Facilities Employees of Contractor Patents Surveys, Permits and Regulations Protection of the Public and of Work and Property Inspection of Work Supervision and Superintendence Qualification and Performance of Contractor's Employees Changes in the Work Deductions for Uncorrected Work Correction of Work before Final Payment Correction of Work after Final Payment Owner's Right to Terminate Contract Removal of Equipment Use of Completed Portions Payments Withheld Contractor's Liability Insurance Indemnity by Contractor Owner's Responsibility for Certain Casualties Damages to Owner's Property Surety Bonds Liens Assignment Coordination of Work Subcontracts Arbitration Title to the Work Technical Information Cleaning Up Adaptability of Plans and Specifications Engineering Approval Page 1 Page 1 Page 1 Page 2 Page ` 2 Page 3 Page 3 Page 4 Page 4 Page 5 .Page 5 Page 6 Page 6 Page 7 Page 8 Page 8 Page 9 Page 9 Page 10 Page. 10 Page 11 Page 11 Page 11 Page 12 Page 12 Page 12 Page 12 Page 13 Page 13 Page' 14 Page 14 Page 15 Page 15 Page 16 Page 16 Page 17 ASARCO ELP 0009491 Page 1 of 17 Article 1. Notice Written notice shall be deemed to have been duly served if delivered by hand or sent by registered mail, in each case to the address or addresses of each party set forth on the first page of this Contract or at such other address subsequently designated by either party. Article 2. Intent of Contract Documents In case of conflict between plans and specifications, the specifications shall govern. The intention of this Contract is to include all labor and mater ials, equipment and transportation necessary for the proper execution of the work Work not specifically shown on the drawings or enumerated herein but that is reasonably necessary for the proper completion of the project shall be provided by the Contractor the same as if shown on the drawings or enumerated herein. Materials or work described in words which so applied have a well-known tech nical or trade meaning shall be held to refer to such recognized standards. Article 3, Drawings and Specifications The Owner agrees to furnish without charge to the Contractor, five sets of specifications and prints of all drawings listed in the specifications. Where revised or additional drawings and specifications are prepared as hereinafter provided the Owner will furnish three sets of same to the Contractor. The Owner agrees to furnish supplemental drawings as may be required to clarify the contract drawings. Supplemental drawings shall not enlarge nor de crease the scope of the work. Where alterations in the contract drawings and specifications affect the extent of the work, the changes shall be governed as provided in Article 14 of these General Provisions. The Contractor agrees to furnish to the Owner for approval three sets of prints of the following drawings before proceeding with the work covered therein: A. All of the Contractor's drawings which are made for this job. ASARCO ELP 0009492 Page 2 of 17 B. Any shop drawings, detail sheets or erection diagrams required for any phase of the work. C. Certified dimension sheets, wiring diagrams and per formance curves covering any equipment purchased by the Contractor for the job. The Contractor shall make any corrections required by the Owner in draw ings submitted for his approval. The Owner's approval as to design of such draw ings shall not relieve the Contractor of responsibility for errors or discrepan cies of any sort. The Contractor also agrees to furnish to the Owner five sets of operation and installation instructions and parts lists for all equipment furnished by the Contractor, not later than the date the equipment is shipped, including two cer tified copies of dimension sheets, wiring diagrams and performance curves of same. As soon as the drawings referred to in subparagraphs A and B above are completed, checked and approved, the Contractor shall furnish three complete final C sets of prints to the Owner. Article 4. Order of Completion; Schedules The Contractor shall complete any portion or portions of the work in such order of precedence as the Owner shall require, and the times of completion of the various portions or divisions of the work will be determined by the schedules mutally agreed upon by the Owner and the Contractor Article 5. Contractor's Understanding The Contractor shall satisfy itself as to the nature and location of the work, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way.affect the work under this Contract. The Contractor may examine such logs of test borings and/or records of such other underground or submarine exploration as may be available. ASARCO ELP 0009493 Page 3 of 17 Article 6. Materials, Appliances and Temporary Facilities The Owner will not supply electricity, water, light, power, steam, com pressed air or other utilities required for construction purposes unless speci fically so provided in the Contract. Where such items are not supplied by the Owner they shall be furnished by the Contractor, and the Contractor shall, in either case, be required to make the necessary connections, provide approved shut-off and safety devices and furnish and install all temporary lines re quired to bring them to the point of use. Unless otherwise specified, all materials incorporated in the perm anent work shall be new and both workmanship and materials shall be of the best quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. The Contractor shall construct and maintain all necessary temporary facilities for the completion of the work. Upon completion of the work all such facilities shall, unless the Owner shall otherwise direct, he removed from the premises and the site cleared. Article 7. Employees of Contractor If for any reason the Contractor's or any Subcontractor's employees or agents acquire a status imposing liability on the Owner for employer's constributions or taxes under the Federal Insurance Contributions Act, the Federal Unemployment tax Act, any State Unemployment Tax Act, or any other Act, the Contractor shall be exclusively liable for, and shall indemnify the Owner against, the same and agrees to comply with all such laws and regula tions so as to relieve the Owner from any and all liability therefor and-from the responsibility of making reports or keeping records with respect thereto. The Contractor shall at all times enforce strict discipline and good order among his employees, and shall seek to avoid employing on the work any unfit person or anyone not skilled in the work assigned to him. ASARCO ELP 0009494. Page 4 of 17 Adequate saa^-ary facilities shall be provide.. and maintained by.the Contractor. Article 8. Patents .! * The Contractor shall indemnify and save harmless the Owner against and from any and all claims, losses, costs, damages, expenses, actions or other pro ceedings, growing out of or resulting from the infringement of any patent by the Contractor or any Subcontractor in the performance of thisContract, except that this provision shall not apply to patented articles or processes specified in drawings or specifications furnished by the Owner. Article 9. Surveys, Permits and Regulations If involved in the subject matter of this Contract, the base lines and mean datum will be established by the Owner; the control lines and levels and all general layout work will be the responsibility of the Contractor. All con trols established by the Contractor shall be preserved and maintained through out the life of the Contract. Unless otherwise specified, the Owner shall furnish all land surveys required. Permits and licenses of a temporary nature necessary for the .pro secution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for.any permanent structures or any permanent changes in existing facilities shall be secured and paid for by the Owner, unless other, wise specified. The Contractor shall give all notices and comply with all laws, ordin ances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith. Contractor shall promptly notify the Owner in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be con trary to any such law, ordinance, rule or regulation, and without such notice to the Owner, Contractor shall bear all costs arising therefrom. ASARCO ELP 0009495 Page 5 of 17 Article 10. Protection of the Public and of Work and Property The Contractor shall provide and maintain all necessary watchmen, bar ricades, red lights and warning signs and take all necessary precautions for the protection and safety of employees on the work, of all other persons and of ad jacent private and public property. The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property and all persons thereon from injury, damage or loss by .reason of any act or omission of Contractor or any Subcontractor. In an emergency affecting the safety of life or of the work or of ad joining property, the Contractor is, without special instructions or authoriza tion from the Owner, hereby authorized to act at Contractor's discretion to pre vent such threatened loss or injury. Contractor shall also so act if so in structed by the Owner. Any compensation claimed by the Contractor on account of emergency work of this nature shall be determined by mutual agreement and failing which, by arbitration. Article 11. Inspection of Work The Owner and its representatives shall at all times have access to the work and the Contractor shall provide safe and proper facilities for such access and for inspection. If the specifications, the Owner's instructions, laws, ordinances, or . any public authority require any item of material, equipment or work to be. specially tested or approved, the Contractor shall give the Owner timely notice in writing of its readiness for inspection, and if the inspection is by another authority than the Owner, of the date fixed for such inspection. Inspections by the Owner shall be promptly made, and where practicable at the source of supply. ASARCO ELP 0009496 Page 6 of 17 If any work should be covered up before examination by Owner without approval or consent of the Owner, it must, if required by the Owner, be un covered for examination and properly covered again at the Contractor's expense. Even though the Owner has examined a particular item of work, the Owner may order re-examination of such work, and if so ordered, the work must be uncovered . by the Contractor. If such work is found to be in accordance with the Contract, the Owner shall pay the cost of re-examination and replacement. If such work is not in accordance with the Contract, the Contractor shall pay. such cost. Article 12. Supervision and Superintendence The Contractor shall maintain a competent staff at all times to super vise the work. The Contractor shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Owner. Directions by the Owner may be given to the superintendent and shall be binding on the Contractor. Directions shall be confirmed in writing upon the written request of the Contractor. The Contractor shall use its best judgement and skill in dealing with labor matters, and take all reasonable steps to avoid labor disputes. In the event of any strike or threat of strike, slowdowns, featherbedding, or other like practices, the Contractor shall apprise the Owner of all relevant facts and implications of the particular labor problem involved, and shall consult in good faith with the Owner in an endeavor to reach a mutally satisfactory solution to such labor problem and, so far as reasonably possible, to protect the Owner against delays affecting the work or damage or losses to its other operations. Article 13, Qualification and Performance of Contractor's Employees Tbe Contractor shall at all times supply a sufficient number of skilled workmen to diligently pursue the work. All workmanship and materials shall be the best in its class and shall conform to all codes, rules, regulations and ordin ASARCO ELP 0009497 Page 7 of 17 . ances applying thereto. Where required by such codes, rules, regulations and ordinances, all workmen engaged in such work shall present evidence by certificate or otherwise that they are qualified to do the work in conformity with such codes, rules, regulations and ordinances. If any conflict occurs between the above mentioned codes, rules, etc., and the specifications or the drawings, the code requirements shall govern. Article 14. Changes in the Work The Owner, without, invalidating this Contract, may at any time order extra work or make changes by altering, adding to or deducting from the work. If such extra work or changes involve a change in cost or in the time required for completion, the contract price shall be increased or decreased by the fair, value thereof and the time for completion shall be increased or decreased by the reasonable time allocable thereto. The Owner will itemise the changes to be made and upon receipt of written notice of same the Contractor agrees to submit promptly to the Owner, in triplicate, an itemized statement of the ex tension or reduction in the time for completion of this Contract which the Con tractor deems such reasonable time, and his calculation of the adjustment in the contract price, resulting from the changes or extra work. This must, be done before work on the changes is begun unless the Owner gives written order to proceed immediately. In case the parties shall be unable to agree upon the increase or decrease, in the time for completion or in the contract price, resulting from such extra work or changes, the Contractor shall nevertheless proceed with the work, including such extra work or changes, and the dispute shall be settled by arbitration. No extra work or change shall be made except by written order of the Owner, and no claim for an addition to the contract price or increase in the time for completion shall be valid unless the additional work was so ordered. ASARCO ELP 0009498 Page 8 of 17 If the Contractor, in the course of the work, finds any discrepancy between the plans and the physical conditions encountered or any errors or omissions in plans or in the layout as given by survey points and instructions, the Contractor shall immediately inform the Owner, in writing. After such discovery, no work shall be done by the Contractor involving such discrepancy, error or omission until authorized by the Owner; otherwise it will be .done at the Contractor's risk. If the correction of such discrepancies, errors or omis sions involves an increase or decrease in costs or time of completion, the con tract price or time of completion shall be adjusted accordingly in the manner provided above as in the case of a change in the work. Article 15. Deduction for Uncorrected Work If the Owner deems it inexpedient to correct work that has been damaged througt the fault or neglect of the Contractor, or that was not done in accord ance with the Contract, an amount to compensate the Owner fully for-such damage or non-compliance shall be deducted from the contract price. If the parties can not agree on the amount of such deduction, it shall be determined by arbitration Article 16. Correction of Work before Final Payment At any and all times before final payment. Contractor shall promptly re move from the premises all materials, whether incorporated in the work or notj and take down all portions of the work, condemned by the Owner as failing to meet contract requirements. The Contractor shall promptly replace and reexecute the Contractor's own work in accordance with this Contract and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within 10 days after written notice, the Owner may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within ten days time thereafter, the Owner may. ASARCO ELP 0009499 Page 9 of 17 upon ten days' written notice, sell such materials at auction or at private sale and shall pay to the Contractor the net proceeds thereof, after deducting all the cost and expense that should have been borne by the Contractor. The Con tractor waives all rights to claim damages for sale of materials at auction or private sale. Any dispute under this Article shall be determined by arbitra tion. Article 17. Correction of Work After Final Payment Neither the final certificate nor final payment nor any provision in this Contract shall relieve the Contractor of liability for faulty materials or workmanship and the Contractor shall replace such materials and remedy such workmanship and any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within one year from the date of-com pletion. The Owner shall give notice of observed defects with reasonable promptness. Any dispute under this Article shall be determined by arbitration^ Article 18. Owner's Right to Terminate Contract If the Contractor should be adjudged a bankrupt, or make an assignment for the benefit of creditors, or if a receiver of the Contractor's property should be appointed or if the Contractor files a petition or if a trustee of the .Contractor's property should be appointed under the reorganization or re adjustment provisions of the Bankruptcy Act, or if the Contractor at any time should refuse or neglect to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payments-to Subcontractors or for material or labor, or disregard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the contract which he shall have failed to correct promptly after service of written notice thereof by the Owner, then the Owner may, without prejudice to any other right or remedy, terminate the employment of the Contractor for the Contractor's default and take possession of the premises and of all ASARCO ELP 0009500 Page 10 of 17 material, tools and appliances thereon and finish the work by whatever method the Owner may deem expedient. In Buch case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed all the general damages of the Owner caused by the Contractor's default, including the expense of finish ing the work and compensation to the Owner for the Owner's managerial..and administrative services, such excess shall be paid to the Contractor. If such damages shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner, In the event the Contractor and the Owner are unable to agree upon the amount to be paid, or reimbursed the dispute shall be settled by arbitration. Article 19. Removal of Equipment In the case of termination of this Contract before completion from any cause whatever, the Contractor shall promptly remove any part or all of Con tractor's equipment and supplies from the property of the Owner, failing which the Owner shall have the right to remove such equipment and supplies at the ex pense and at the risk of the Contractor, without liability of the Owner for any damage to, or loss of the same. Article 20. Use of Completed Portions The Owner shall have the right to take possession of and use any com pleted or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired; but such tak ing possession and use shall not be deemed an acceptance of any work not completed in accordance with this Contract. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to extra compensation in reimbursement thereof, or extension of time equal to the delay or both, as the parties may agree upon, and failing agreement the dispute shall be determined by arbitration. ASARCO ELP 0009501 Article 21. Payments ' thheld Page 11 of 17 The Owner may withhold all or part of any progress or final payment to the extent necessary to protect the Owner from loss or damage on account of: (a) Damaged or defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor or Owner. (c) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. (d) A reasonable doubt that this Contract can be completed for the balance then unpaid or within the time specified. (e) Damage to the Owner's property or the work of another Contractor Article 22. Contractor's Liability Insurance Unless otherwise specifically provided, the Contractor shall maintain such insurance as will protect Contractor from claims under Workmen's Compensa tion Acts and from claims for damages for persohnal injury, including death, which may arise from operations under this Contract, whether such operations be by the Contractor or any Subcontractor or anyone directly or indirectly employed by either of them. Article 23. Indemnity by Contractor The Contractor shall save harmless and indemnify the Owner from and against any expense, loss or damage on account of any claim, demand or suit made by any person whomsoever, including any employee of the Owner, which is in any way caused by or connected with, or grows out of the execution and perform ance of this Contract by the Contractor or any Subcontractor; provided, however, that the Contractor shall not be required to indemnify the Owner against any loss caused solely by the negligence or willful fault of the Owner or its employees. The Contractor accepts all risk of injury or damage and all responsi bility for any claims for damages whatsoever resulting from the use, misuse,- or failure of any hoist, rigging, blocking, scaffolding, or other like or unlike___ equipment used by the Contractor or any Subcontractor,even though such equip ment be furnished or loaned to the Contractor or any such Subcontractor by the Owner, and shall indemnify the Owner against all such claims. ASARCO ELP 0009502 Page 12 of 17 Article 24. Owner's Rssponslbillty for Certain Casualties The Owner shall be responsible for all damage to the work and to material, temporary structures, and equipment (excluding construction equipment not owned by the Owner) at the site of the job, which is caused by fire, windstorm, smoke, hail, aircraft, explosion, vehicles, riot or civil commotion. Article 25. Damages to Owner's Property The Contractor shall be responsible, and reimburse the Owner, for any loss or expense to the Owner arising from damage to the work or other property of the Owner caused by the wrongful act or neglect of the Contractor, any Sub contractor or of the employees of the Contractor or any Subcontractor. Where such damage includes damage to the work it shall be repaired at the expense of the Contractor. Article 26. Surety Bonds If the Owner has so requested prior to the signing of this Contract, the Contractor shall furnish bond covering the faithful performance of this Contract and the payment of all obligations arising thereunder, in such form as the Owner may prescribe and with such sureties as it may approve. If such bond was required by instructions given previous to the receipt of bids, the premium shall be paid by the Contractor; if subsequent thereto, it shall be paid by the Owner. Article 27. Liens Neither the final payment nor any progress payment shall become due until the Contractor, if required, shall, deliver to the Owner a complete release of all liens arising on account of labor, materials, machinery or equipment in respect of which such payment is to be made, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as Contractor has knowledge or information the releases or receipts include all the labor and materials for which a lien could be filed;' but the Contractor m3y, if any Subcontractor refuses to furnish a release or receipt in full. ASARCO ELP 0009503 Page 13 of 17 * furnish a bond satisfac ry to the Owner, to indemnify . j Owner against any lien. If any lien remains unsatisfied after all payments are made, the Con tractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. Article 28. Assignment p. The Contractor shall not assign nor sublet this Contract in whole or in part, nor shall the Contractor assign any monies due or to become due it here under without the prior written consent of the Owner. Article 29. Coordination of Work The Contractor shall conduct the work so as to cause a minimum of inter ference with the Owner's operations. Where interference with the Owner's oper ations becomes absolutely necessary, permission shall be requested by the Con tractor not less than seventy-two (72) hours in advance. When other Contractors or the Owner's forces are working on the job on the immediate premises, the Contractor agrees to so schedule the Contractor's work as not to make it necessary for the Contractor to cut into or otherwise alter any work that has bean completed by such other persons. If the Contractor fails, to do so, then the Contractor shall replace or repair the damaged work at Contractor's own expense and in a manner satisfactory to the Owner. i If any part of the Contractor's work depends for proper execution or results upon the work of any other person, the Contractor shall inspect and promptly report to the Owner any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure so to inspect and report shall constitute an acceptance of such other work as fit and proper for the reception of Contractor's work, except as to defects which may develop in such other work after the execution of Contractor's work. ASARCO ELP 0009504. Page 14 of 17 Article 30. Subcontracts 4* The Contractor shall, as soon as practicable after the ex|gution of this Contract, notify the Owner in writing of the names of any Subcontractors proposed to be employed in any part of the work and shall not employ any such Subcontractor without the prior approval of ^the Owner in writing and shall terminate the employment of any which the Owner may at any time object to as 'incompetent or unfit. . The Contractor agrees to require each Subcontractor to exejcute a" con tract in writing binding such Subcontractor to the terms of this Contract inso- *M far as applicable to his work, and requiring such Subcontractor, to'the extent '* applicable, to assume toward the Contractor all the obligations and;responsibili- ties that the Contractor assumes toward the Owner, unless specifically noted to the contrary in a written subcontract approved in writing by the Owner. The Contractor shall be fully responsible to the Owner for the acts and omissions of all Subcontractors and of persons directly or indirectly employed by them. Nothing in this Contract shall create any contractual relationship between any Subcontractor and the Owner. The word "Subcontractor", as employed herein, shall mean one having a direct contract with the Contractor, including one who furnished material worked to a special design according to the plans or specifications of this work, but excluding one who merely furnished material not so worked. Article 31. Arbitration All disputes which are herein stated to be subject to arbitration shall ' be submitted to and determined by arbitration. Demand for arbitration shall be filed in writing by either party with the other within a reasonable time after cause thereof has arisen and in no case later than the time for final payment. No one shall act as an arbitrator who is in any way financially interested in this Contract or is or has been connected or interested in the business affairs f either the Owner or the Contractor. The award of the arbitrator shall be in ASARCO ELP 0009505 POWER OF ATTORNEY INSURANCE COMPANY OF NORTH AMERICA I'llll.AIIKl.t'lllPA. Snoto alt men bp tfjtet presents: That the insurance company of north AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Pirectors of the said Company on June 9, 1953, to wit: MRESOLVD, pursuant to Article* 3.6 and $.1 of the By-Laws, that the following Rules shnll govern the execution for the Company of bonds, undertakings, recognisances, contracts and other writings In the nature thereof: (I) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President. Resident Vice President or an Attorney-In-Fact. (2) "Unless signed by an Attoruey-ln-Fuct, such writings shall have the ton! of the Company affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an Attorney-in-Fact, he shell either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (as by writing the word "Seal" or the letter* "L.S." after hi* signature). (3) "Resident Vice Presidents, Resident Assistant Secretaries and Attnnie>K<in-Fuct muy tie appointed by the President or any Nice President, with such limit* on their authority to bind the Company as the appointing officer may see fit to (4) "Such Resident Officers and Atlurmrys.in-Fuct shall have authority to net as afoiesaid, whether or not the President, the Secretary, or both, he absent or inrapiicitiitcd; nnd shall also hnvc authority to certify or verify eopics of this Resolu tion, the By-Laws-of the Company, and any affidavit nr reeord of the Company necessary to the discharge of their duties: (5) "Any such writing executed in nccordimce with these Rule* shnjl be as binding upon the Company in any case at though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint JAMBS E. ROGERS, E. H. ROGERS, WILLIAM D, TIPPIN, JAMES E. ROGERS, JR., WALTER H. STOWE and LEOTARD J. DORNBY, an of the City of El Paso, State of Texas It3 true and lawful agent and attorney -In-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity of persona holding places of public or private trust, and iu the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted' in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of the Company attached thereto by any one of the said Janes E. Rogers, E. H. Rogers* William D. Tippin, James E. Rogers, Jr., Walter H. Stowe or Leonard J. Domev. * individually. * And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Com monwealth of Pennsylvania, In their own proper persons. IN WITNESS WHEREOF, the said...____ _________ ESWAKD.B.. BLACK______ Vice-Picsident, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this11thday ofSeptember______19__73., INSURANCE COMPANY OF NORTH AMERICA (SEAL) byKDKAR1LB-JBLACX. Viee-Pmident STATE OF PENNSYLVANIA ) COUNTY OF PHILADELPHIA f On thi,11thdny September_______ A. d. 19-73, tfore tb. tubicrlber. a Notar, Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, came _EDWARDJ3 *J3ACK__Vice-President of the INSURANCE COMPANY OK NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding Instrument, and he acknowledged the execution of the same, and, being by me duly sworn, deposeth and sslth, that he Is the officer of the Company aforesaid, and that the seal affixed to the preceding Instrument is the corporate seal of aid Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instru ment by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to In the preceding instrument, ! now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seat at the City of Philadelphia, thi day and year first above written. ELEANOR S. PLUMMER______________________ Notary Public. April 10, 1975 distant Secretary of INSURANCE COMPANY OF NORIH AMERICA, do hereby certify that TORNEY, of whieh the foregoing la a full, true and correct copy, la In full force and effect, have hereunto subscribed my name as Assistant Secretary, and affixeu te corporate seal of ^ _21_ _day of- March f ASARCO ELP 0009506 ATUTORY PAYMENT BOND - TE.' i (PRIVATE WORK) KNOW ALL MEN BY THESE PRESENTS: THAT/ Southwestern Industrial Contractors and Riggers. Inc. , Original Contractor (hereinafter called the Principal), as Principal, and INSURANCE COMPANY OF NORTH AMERICA, a corporation organized and existing- under the laws of the State of Pennsylvania, with its principal office in the City of Philadelphia (hereinafter called the Surety), as Surety, are held and firmly bound unto ASARCO. Incorporated (hereinafter called the Owner), in the amount of One Hundred Eighty Two thousand. Nine Hundred Sixty Nine S no/100 Dollars t A 182.969.00 (here Insert an ) for the payment amount equal to the total contract price)" whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns. Jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 23rd day of March, 1078 . to Reverb Spray Chamber, which contract is hereby referred to and made a part thereof as fully and to the same extent as if copied at length herein; NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT IF THE SAID PRINCIPAL shall promptly pay claimants for all labor, subcontracts, materials and specifically fabricated materials performed or furnished under or by virtue of said contract and duly authorized normal and usual extras thereto (not to exceed 15% of said contract price), then this obligation shall be void, otherwise to' remain in full force and effect; labor, subcontracts, materials and specifically fabricated materials shall be construed in accordance with Article 5452, Vernon's Revised Civil Statutes of Texas, 1925, as amended by the Acts of the Regular Session of the 57th Legislature, 1961. PROVIDED, HOWEVER, that the Owner having required the said Principal to furnish this bond in order to comply with the provisions of Article 5472d of Vernon's Revised Civil Statutes of Texas, added by Acts of the Regular Session of the 57th Legislature, 1961, all rights and remedies on this bond shall inure solely to such claimants and shall be determined in accordance with the provisions, conditions and limitations,of said Article to the same extent as if they were copied at length herein. /. ' IN WITNESS WHEREOF, the said Principal and Surety have Signed and sedle this instrument, this 23rd day of Harch 19 78 SOUTHWESTERN INDUSTRIAL CONTRACTORS 6 RIGGERS, INC. (BrlhcMal) By. '-(Title)( Bill C. Fiske, Vice President INSURANCE COMPANY OF NORTH AMERICA (Surety) C&Z//8'. By_ Walter H. Stowe Attomey-in-Fact The foregoing bond is hereby approved ."15-361 4-17-62 Pt.d. in USA uwuer By_____________________________ Title ASARCO ELP POWER OF ATTORNEY INSURANCE COMPANY OF NORTH AMERICA l'IIII.AIIKI.I,lll PA. &noto all men tJtSt presents: That the insurance company of north AMERICA, a corporation of the Commonwealth of Pennsylvania, having Us principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9,1953, to wit: "RESOLVED, pursuant to Article* 3.0 and 5.1 of the By-Laws, that the following Rules shall govern the execution for the Company of bonds, undeitaklngs, recognisances, contracts and other writings in the nature thereof: (1) "Such writings thill be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice President or an Attorney-In-Fact. (2) "Unless signed by an AUontey.in.Fnct. such writings shall have the scnl of the Company affixed thereto, duly attested by the Secretary, an Assistant Secretaty or a Resident Assistant Secretary. When such writings are signed by an AUorney.in.Fact, he shall either affix an impression of the Company's seat or use some other generally accepted method of indicating use of a seal (as by writing the word "Seal" or the letters "L.S." after his signature). (.1) "Resident Vice Presidents, Resident Assistant Secretaries and Attorney* in.Fiict may be appointed by the President or any Vice President, with such limits on their authority to bind the Compuny as the appointing officer may see fit to impose. (4) "Such Resident Officers nnd AUuineys-in-Fiut shall have authoiity to net as afoiesaid, whether or not the President, the Secretary, or both, he absent or incapacitated; nnd shall also have authority to certify or verify copies of this Resolu. tion, the By-Laws-of the Compuny, nnd any affidavit or record of the Company necessary to the discharge of their duties. (5) "Any such writing executed in ttccnrduitce with these Rule* shajl be as binding upon the Company in any case as though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint JAMES E. ROGERS, E. H. ROGERS, WILLIAM D, TIPPIN, JAMES E. ROGERS, JR., WALTER H. STOWE and LEONARD J. DORNEY, all of the City of El Paso, State of Texas '': 7 its true and lawful agent and attorney -in-fact, to make, execute, aeal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings In its business of guaranteeing the fidelity of persons holding places of public or private trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted' in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of the Company attached thereto by any one of the said Janies E, Rogers,-E. H. Rogers, William D. Tippin, Jeunes E. Rogers, Jr., Walter H. Stowe or Leonard J. Dorney, individually. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Com monwealth of Pennsylvania, in their own proper persons. IN WITNESS WHEREOF, tho saidEDWARD_E,_ BLACK________ Vice-I'icsident, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this11thday ofSeptember_____ INSURANCE COMPANY OF NORTH AMERICA (SEAL) '1 by__________ ____ ____ EDHARD,,B.JBLACK.- Vice-President STATE OF PENNSYLVANIA I COUNTY OF PHILADELPHIA l On (hit11thday September a. D, 19-23, before the subscriber. * Notary Public of the Commonwealth of Pennsylvania, In and for the County of Philadelphia, duly commissioned and qualified, came ___________________ EDWARD B. BLACK, Vice-President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and oflieer described in, and who executed the preceding instrument, and he acknowledged the execution of the came, and, being by me duly sworn, deposeth and salth, that he is the officer of the Company aforesaid, and that the aeal affixed to the preceding Instrument is the corporate aeal of said Company, and the said corporate seal and his signature as officer were duly affixed and aubscribed to the said Instru ment by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, it now In force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia, thi day and year first above written. Notary Publie. April 10, 1975 .ssistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that TORNEY, of which the foregoing la a full, trua and eorreet eopy, (a In full force and effect, have hereunto subscribed my name at Assistant Secretary, and affixtu tne corporate aeal of -.23- --day of- March ASARCO ELP 0009508 'ASARCO INCORPORATED CENTRAL ENGINEERING DEPARTMENT FIELD CONSTRUCTION GAS H..,i)LING, CLEANING & ACID PLT EL PASO, TEXAS JANUARY 12, 1978 RE: EA-26-EP, N.Y. 395^, Pit 623 Gas Handling, Cleaning-and Acid Plant. File - 8.19.2 Request for Quotation Reverb Spray Chamber Gentlemen: You are invited to submit a lump sum, fFrm price proposal for the construction of the reverb spray chamber as outlined in this "Request for Quotation". The general scope of work includes excavation and backfill; furnishing and placement of concrete and brickwork; furnishing and erection of structural steel, platework, stairs, grating, piping, etc.; and the installation of spray equipment furnished by ASARCO as shown on the enclosed drawings and as called for on the enclosed specifications. The proposal shall be based on the following ASARCO Incorporated specifications Specification 1.0 - Earthwork Specification 2.0 - Concrete (Building Construction ) and Caissons Specification 3-0 - Structural .... The following work is to be included on the proposal: 1. 2. 3. h. 5. 6. - 78. Excavation and backfill Spray chamber concrete with all embedded items and weak concrete floor . .. ' Crushed limerock floor 1- . Membrane and brick lining Concrete stair landing and cleanout approach slab, -- Stairs with handrail and handrail on top of spray chamber Clean out door All spray piping including feed from existing spray pumps and freeze protection line to surge tank. The surge tank (storage tank) is located west of the converter cottrel1 as shown on drawing EP-2369li-S01-G. Spray Items 5 through 10 ASARCO ELP 0009509 f( RFQ. - Reverb Spray Chamber -2- January 12, 1378 listed on drawing EP-23723"901-1 will be furnished by ASARCO and Installed on this contract. Please note that the only material or equipment furnished by ASARCO Is indicated in Item 8 above. The following work is not to be Included on the proposal: 1. Inlet and outlet flues 2. Fan flue support tower shown on drawing EP-23701"901-S 3. Electrical 4. Air piping 5- Instrumentation Contractors are required to visit the site prior to submitting their bids so as to personally observe obstacles or obstructions that could hinder this work. Arrangements for the job visit should be made through Mr. R. H. Hunt. Availability of service utilities v/i 11 be discussed during the visit to the site. ASARCO reserves the right to refuse any and all bids at ASARCO's discretion. In the interest of clear understanding, the following additional instructions are set forth: 1. All technical questions pertaining to engineering and construction phases should be directed to Mr. R. H. Hunt, Senior Construction Engineer, ASARCO Incorporated, El Paso Smelting V/orks, P.0. Box 1111, El Paso, Texas 79999 with a copy to Mr. F. 0. Wittwer, Purchasing Agent, ASARCO Incorporated, 120 Broadway, New York, Hew York 10005. 2. All commercial questions involving any aspect of the contract should be directed to Mr. F. 0. Wittwer, with a copy to Mr. R. H. Hunt. 3- The successful bidder will be expected to complete in full an ASARCO PD-20 "Lump Sums" Construction Contract, a copy of which, along with a sample of the ASARCO Insurance Form #1, is enclosed. 4. The successful bidder v/i11 be expected to break down the cost of the work according to the ASARCO Chart of Accounts. Monthly - Progress Billings must also be charged to the proper account. 5. Please note the confidentiality and proprietary clause on the drawings. All Bidders are instructed to return all drawings to the El Paso Smelting Works, Attention Mr. R. H. Hunt, as soon as practical after submission of their proposal. ASARCO ELP 0009510 RFQ - Reverb Spray Chamber -3- January 12., 1978 6. If performance and labor and material payment bonds are deemed necessary by ASARCO, you are requested to state the cost for such bonds so that this price can be added to the lump sum bid for performing the work outlined in this Request for Quotation. In the event it becomes necessary for us to request.additional work beyond' that which is described in this Request for Quotation, we would appreciate your indication as to the basis on which you would entertain the performance of the extra work. Construction is expected to begin about March 6, 1978. When submitting your proposal, please indicate your best estimated time for completion. Your proposal, in quadruplicate, should be distributed as follows: Send original quotation to: Mr. W.'A. Bennis Director of Purchasing ASARCO incorporated '.120 Broadway.... '.New York, Mew York' 10005 ATTN: Mr. F. 0. Wittwer Send copies of quotation to the following: 1. Mr. E. H. Haug' Director of Engineering ASARCO .Incorporated 500 Crandall Building . - Salt Lake City, Utah 84101 2. Mr. W,, R. Kelly, Manager ; ASARCO Incorporated . El Paso Smelting Works . P.0. Box 1111 El Paso, Texas 73999 3. Mr.' R. H. Hunt Senior Construction Engineer ASARCO Incorporated .El Paso Smelting Works P.0.'Box 1111 El Paso, Texas 799-99 A bid closing date of February 7, 1978 has been established. Please immediately notify Mr. R. H. Hunt of your intent to bid and if you are prepared to present proposal as specified above. ASARCO ELP 0009511 RFQ. - Reverb Spray Chamber -k- January 12, 1978 Three sets of drawings are included in this bid package. Please indicate your requirement for additional sets of drawings. Yours truly RHH:CLG:bo Ends. - as stated cc: ;. W. A. Bennis E. H. Haug/W. T. Sweat W. R. Mahoney W.- R. Kelly 6Z3-FC-73 R. H. Hunt Senior Construction Engineer ASARCO ELP 0009512 DRAWING LIST Drawlng EP-23465-!001-C-0 EP-23476-904-C-1 EP-23497-904-S-0 EP-23498-904-S-0 EP-23499-904-S-0 EP-23500-904-S-0 EP-23694-901-G-2 EP-23695-901-C-2 EP-23696-901-C-2 /EP-23697-901-C-2 EP-23698-901-C-0 v^EP-23699-901-C-l EP-23701-301-S-1 EP-237087901-N-0 ' EP-23718-901-P-1 EP-23719-901 -P-'l EP-23723-901-1-1 Title Anchor Bolt Schedule Concrete General Notes Structural Steel General Motes Typical Stair and Handrial Details Typical Grating Details Typical Bracing Connections Reverb Spray Chamber, General Arrangement Reverb Spray Chamber, Foundation and P.oof Plan Reverb Spray Chamber, Elevation and Sections .. Reverb Spray Chamber, Sections and Details Reverb Spray Chamber, Embedded Steel Details Reverb Spray Chamber, Lininq Detai Is-"-v- Reverb Spray Chamber, Sta i rs ' * V ." . .J. r. ; Reverb Spray Chamber, Clean out Door ...... Reverb Spray Chamber, Water Spray-5 Piping Arrg' Reverb Spray Chamber, Water Spray 5 Piping Detai Reverb Spray Chamber, Spray Piping 5 Control C-f! * " ' " . *.T ASARCO ELP 0009513 ASARCO INCORPORATED CENTRAL ENGINEERING DEPARTMENT FIELD CONSTRUCTION GAS HANDLING, CLEANING & ACID PLT EL PASO, TEXAS FEBRUARY 21, 1978 RE: EA-26-EP, N.Y. 395*1, Pit 623 Gas Handling, Cleaning and Acid Plant File - 8.19.2.7 Request for Quotation Reverb Spray Chamber Gentlemen: The following revised drawings are issued to replace those sent with our original request for quotation dated January 12, 1978. EP-23695-901-C Rev. 3 EP-23696-901-C Rev. 3 Reverb Spray Chamber Foundation and Roof Plan Reverb Spray Chamber Elevations and Sections EP-23697-901-C Rev. 3 Reverb Spray Chamber Sections and Details Note that all brickwork has been deleted, although the membrane lining is still called for on the footing and lower walls. Excavation to bottom of footing only should be included as we will have compaction tests performed at this elevation to determine if further excavation is necessary. Please indicate the unit cost for additional excavation if required. The following drawing no longer applies to this work: EP-23699"901-C Rev. 1 Reverb Spray Chamber Lining DetaiIs Construction is now expected to begin about April 10, 1978. All other drawings, specifications and instructions included with the original request are applicable. Please submit a proposal based on the above information by March 13, 1978. Yours truly, RHH:CLG:bo cc: as per attached distribution 623-FC-117 R. H. Hunt Senior Construction Engineer ASARCO ELP 0009514 *. i cc: W. A. Bennis E. H. Haug/W. T. Sweat W. R. Mahoney W. R. Kelly 623-FC-117 ASARCO ELP 0009515 soejYi sm&rtffiM INDUSTRIAL CONTRACTORS AND RIGGRRS, INC. 7155 Industrial Avenue P. 0. Box 1611 (915) 779-3931 El Paso, Texas 79948 March.-13, 1978 Mr. W. A. Bennis Director of Purchasing ASARCO Incorporated 120 Broadway New York, New York 10005 Attention: Mr. F. 0. Uittwer Reference: EA-26-EP, N.Y. 3954, PLT 623 Gas Handling, Cleaning and Acid Plant File - 8.19.2.7 - Request for Quotation Reverb Spray Chamber Gentlemen.: We are pleased to offer our lump sum proposal of $182,969.00 for work covered by the above Request for Quotation and your letter of February 21, 1978. Should Performance and Payment Bonds be required, the additional cost of these bonds will be $2,196.00. If excavation below the bottom of footings is required, we would perform this additional excavation as follows: 1. If no slag is involved $2.80 per cubic yard. 2. If slag is involved $3.50 per-cubic yard. Engineered backfill for this area would be installed for $3.75 per cubic yard. ASARCO ELP 0009516 Mr. W. A. Bcnnis ASARCO Incorporated March 13, 1978 Page 2 We expect the time of completion for this project to be 111 calendar days after notice to proceed. Very truly yours. SOUTHWESTERN INDUSTRIAL CONTRACTORS AND RIGGERS., INC. BCF:iz Vice President cc: 1) Mr. E. H. Haug Director of Engineering ASARCO Incorporated 500-Crandall Building Salt Lake City, Utah 84101 2) Mr. W. R. Kelly, Manager ASARCO Incorporated El Paso Smelting Works P. 0, Box 1111 El Paso, Texas 79999 Mr. R. H. Hunt Senior Construction Engineer ASARCO Incorporated El Paso Smelting Works P. 0. Box 1111 El Paso, Texas 79999 ASARCO ELP 0009517 ASARCO ELP 0009482 ASARCO ELP 0009483