Document 39D1RjL5aM3nmYkpVnRGK5mO

PURCHA .NG DEPARTMENT October 26, 1978 ORDER 18H-1712 . REON. EP-57 X-RAY ROOM Herewith four (4) copies of contract properly signed! and executed with Rasnick Construction Company, Inc.to COver the X-Ray Room i.-. accordance with soecifications referred to therein. It will be in order for you to hand the signed copy o: the Agreement to the contractor, giving him. whatever instructions are required to procecc v. ith this wort; the renaming three (3) copies are for as the w:rk is eomr1 a How ever, a c o py s h o u1 ei 1SH-1712 s contract tor rererer.ee purposes. As soon to tr.e satisfaction of all concerned, the locally without reference to this office, e sent to hew York for recordme. Also, too are to note the expiration cate of the insurance. Should the work continue beyond the date shown, be sure to obtain an exten sion to protect tr.e company until the work is completed. FOX': e t h Er.c. R. O. Covington F. O. WITTWSR RECEIVED OCT 3 01978 V. R. KELLY V" V CUMMINS iM. A. SHARP ASA-1157 ASARCO ELP 0008320 fUriicd 8/72 TCh APPROVED BY 0prctir RETURN TO PURCHASING DEPARTMENT CONTRACT FOR ASARCO X-Ray Room (Insert name of job) Incorporated 1s KEHKIXE XJOGPlOCfifcx at El Paso, Texas (Insert town and state) Page 1 of 8 Construction or Repairs Contract Form PD-19 Under $100,000.00 El Pa s o Plant THIS AGREEMENT- made the 2 1 st day of September t ig7S by and between Rasnick Construction Company, Inc. whose address is 5QQ Gallarher St., El Paso, Texas 7?i5(hereinafter called the ASARCO Incorporated "Contractor") andXg-tEKXG81KSKSXXXSXXXKREKIKrxSXXXXKXX, a corporation of the State of New Jersey, whose address is 120 Broadway, New York 5, K ,Y. and P. O. Box HU, -aso, * exas i 9 (Insert address of plant or unit) (hereinafter called "Owner"). WITNESSETH: The Contractor and Owner agree as follows: Article 1 Scope of the Work The Contractor shall furnish all shop drawings, field engineering, labor, tools, equipment, transportation, materials and other facilities, except such items as are hereinafter listed as being furnished or furnished and installed by the Owner, forX-Rav Room(hereinafter called the "work") (Insert name of job) at the El Paso __________ Plant of the Owner at______ El Paso, Texas (Insert town & state) in accordance with the drawings and specifications listed below, all of which are incorporated herein by reference and made a part hereof: (List Specifications and Drawings) Drawing El4024 Rasnick Proposal Dated 9-18-78 ASARCO ELP 0008321 Page 2 of 8 Article 2. Time of Completion The work shall be coamenced_ shall be substantially completed September ?.5, 3978 October 31, 1978 and Article 3. Payment (to be deleted if progress payments are to be made) The Owner shall pay the Contractor for the performance of this Contract, the sum of Five Thousand Nine Hundred Forty Four dollars ($ 5Q44), lawful money of the United States of America within 30 days after satisfactory completion of the work and submission by the Contractor of evidence (including, if requested, complete releases of all liens arising out of or in connection with the work by all persons, firms or corpora tions on whose behalf such liens could be or were filed) satisfactory to the Owner that all charges for labor and material incorporated in the work and all other indebt edness connected with the work for which liens could be filed have been paid and that the work is free of all liens and encumbrances. Article 3. Payments (to be deleted if progress payments are r.ot to be made) JThc Owner shall pay the Contractor for the performance of this ccntpalrt, the ss dollars, ($_ On or about th' _), lawful money of the United Spates, as follows: _day of each calendar mprfth, commencing , the Owner shall pay t-fie Contractor_ percent (_ _7) ba^sd on the contract prices, of the labor and naterials incorporated in the work and of materials spd/tably stored at the site thereof up to the end of the next preceding calendar mph^h, as estimated by the Owner, less the aggregate of previous payments; and upon com^etion of the entire work., a sum suff icient to increase the total payments to_______ \'percent (%) .of the contract price. Final onynent of the remainiffc (_ 71) of the contract price shall be days aiter completion of the work. Before each/^uch payment is due, the Contractor shall sbteiit evidence satis factory to the OjKier (including, if requested, partial waivers, orSJn the case of final paynentn/complete releases, of all liens arising out of or in connection with the work bvyall persons, forms or corporations on whose behalf such liehfi could be or were filpd; that all charges for labor and material incorporated in the wobk and all other^rhaebtedness (except, in the case of payments other than final paynent7\indebtednftCs not then due) connected with the work for which liens could be filed havhsbeen fid and that work is free of all liens and encumbrances. ASARCO ELP 0008322 Article 4. Payments Withheld Page 3 of 8 The Owner may withhold all or part of any payment to the extent necessary to protect the Owner from lose 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 the 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 (e) damage to the Owner's property or the work of another contractor. Article 5. Liens If any lien remains unsatisfied after payment of the full contract price has been made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs and a reason able attorney's fee. If the Owner has so requested prior to the signing of this Contract, the Contractor, at the option of the Owner, agrees to furnish or permit the owner to secure bonds in the full amount of the contract written by a surety company designated by, or otherwise satisfactory to, the owner, guaranteeing and conditioned for the full, complete and faithful performance of this contract by the contractor and for the payment of claims for labor performed or materials furnished in connection herewith, all in accordance with the terms of the bonds. The premium for the bones will be paid by the Owner and must net be included by the Contractor in the contract price. In the event the owner elects to secure such bonds, the contrac tor a-r fe-cc--s to Sign the requires application, leccssar1 financial statements and financial ;arantees. or:.crw-_.se coope e with t:ic owner, securing the bonds. Artie]: 6. : 11 iO the Cork Title to all work completed or in the course cf construction shall be in the owner 2nd title to all machinery, equipment and materials to be in corporated in the work shall be in the Owner as soon as they are delivered or. the site of the job. Article 7 .___Inspection and Repair The Contractor shall provide safe and proper facilities at all times for the inspection of the work by the Owner, and shall as soon as practicable after written notice from the Owner, at the Contractor's expense, replace and repair any materials or portions of tiie work which the Owner shall deem defec tive and make good all work damaged or destroyed thereby, whether or not there shall be a dispute with respect to any of the foregoing. Any such dispute shall be settled by arbitration. Article 8. Protection by Contractor 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 the Contractor or any Subcontractor. 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 Con tractor, any Subcontractor or the employees of the Contractor or any Subcon tractor. Where such damage includes damage to the work it shall be repaired at the expense of the Contractor. ASARCO ELP 0008323 Page 4 of 8 The Contractor shall use its best judgement and skill in dealing with labor matters, and take all reasonable steps to avoid labor dispute. 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 mutually satisfactory solu tion 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 oper ations . Article 9, Contractor's Lisbilif- ~iisurancc The Contractor shall maintain such insurance as will indemnify it against claims under Workmen's Compensation Acts and against any other claims for damages for personal injury, including death, which may arise from opera tions under this contract, whether such operations be by the Contractor or any Subcontractor or anyone directly or indirectly employed by either of them. Prior to commencement of th .f. work the Contracto: shall file with the Owner completed certificates of ins ranee in form of "Insurance Certificate" attached and shall provide ir.suranc coverage in amounts not less than those stated therein. Article 10. ic omn: tv The Contractor shall save harmless and indemnify the Owner from and 5carnst any expense, lc-ss or da-.-. a::e oi account c: at :uit mate person whomsoever, including <. v empiovftu o: she Owner, which is wav causes by cr connected with., or grows out of the execution and performance 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 of willful fault of the Owner or its. employees. The Contractor accepts all risk of injury or damage and all responsibility for any claims for damages what soever resulting from the use, misuse, or failure of any hoist, rigging, blocking, scaffolding, or otherlike or unlike equipment used by the Contractor or any Subcor.tr even though such equipment be furnished or loaned to the Contractor or any such Subcontractor by the Owner, and shall indemnify the Owner against all such claims Article 11. Owner's Resnonsibilitv 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 12. 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 perlorms any work contrary to any such law, ordinance, rule or regulations, he shall bear all costs arising therefrom, in particular, but without limiting the scope of the foregoing, the Contractor shall, and shall cause any Subcontractor to, comply with tlic terms and provisions of the Occupational Safety and Health Act of 1970 and all appliablc rules, regulations, orders and occupational Safety and health standards promulgated under and issued pursuant to such Act in L`n< discharge of its duties and obligations hereunder. ASARCO ELP 0008324 Page 5 of 8 If for any reason Che Contraccor's or any Subcontractor1s employees or agents acquire a status imposing liability on the Owner for employer's con tributions 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 regulations so as to relieve the Owner from any and all liability therefor and from the re sponsibility of making reports or keeping records with respect thereto. Article 13. Patents The Contractor shall indemnify and save harmless the Owner against and from any and all claims, losses, costs, damages, expenses, actions or other proceedings, growing out of or resulting from ir.frigenent of any patent by the Contractor cr any Subcontractor in the performance of this contract, except that this prevision shall not apply to patented articles or processes specified in drawing cr specifications furnished by the Owner. Article 14. Chances 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. Such order may be made by the Owner on its own behalf or at the request of the Contractor, upon discovery by the Contractor of any discrepancy between the plans and the physical conditions encountered. If such extra work or changes involve a change ir. cost, the contract price shall be increased cr decreased bv the fair value thereof. The Owner will itemise the changes to be made and upon receipt cf written notice of same, the Contractor will submit promptly to the Owner, in triplicate, an itemized statement of his calculations of the adjustment ir. the contract price resulting from the changes or extra work. This must be dene befere work on the change is begun unless the Owner gives written order to proceed immediately. So work or change shall be made, except by written order of the Owner and no claim for ar. add ition to the contract price shall be valid unless the additional werk was so ordered. Amy dispute under this Article shall be subject to arbitration. Article 15. Owner's Right to Terminate Contrect 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 reorganisation or readjustment provisions of the Bankruptcy Act, or if the Contractor at any time should refuse or neglect to supply enough properly skilled workman or proper materials, or if he should foil or make prompt payments to Subcontractors or for material or labor, or disregard lavs, 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 or written notice thereof by the Owner, then the Owner may, w'ithout prejudice to any other right or remedy, terminate the employment of the Con tract for the Contractor's default and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method the Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any rurther 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 Con tractor's default, including the expense of finishing the work and compensation of the Owner for the Owner's managerial and administrative service, such excess shall be paid to the Contractor. ASARCO ELP 0008325 Page 6 of 8 If ouch 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 16. Correction of Work after Paynent Neither payment nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship and the Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom which shall appear within one year from the date of completion of the Contractor's work hereunder. The Owner shall give notice of observed defects with reasonable promptness. Any dispute under this Article shall be subject to arbitration. Article 17. Arbitration. All disputes which arc herein stated to be subject to arbitration shall be submitted to and determined by arbitration. Except as and to the extent otherwise provided by the controlling state law, no party may have recourse to legal proceedings (other than to enforce this arbitration Article) unless and until an arbitration aware has been mace. There shall be one arbitrator who shall be chosen by the American Arbitration Association, whose arbitration rules shall be followed. A it c 1 c 2 ^ r c on tmn c r s The Ccr.tracto: will not employ any Subcontractor without the prior written approval of the Owne: and the C;ntratcr shall require each Subcontractor to execute a contract in writing containing provision:, cimiliar to all provisions of this contract which arc ir. an; wav applicable to such Subcontractor and which will obligate such Subcontractor to comply with and perform all such provisions herein. Nothing herein shall create a contractual relationship between any Subcontractor and the Owner. A r t icle 19*. A r s i enmer. t - The Contractor shall not assign- nor Subcontract this contract in whole or in part nor shall the Contractor assign any moneys due or to become due Contractor here under without the prior written consent of the Owner. Article 20. Coordination of Work The Contractor shall conduct the work hereunder so as to cause a minimum of interference with the Owner's operation. Where interference with the Owner's operations become absolutely necessary, permission shall be requested by the Contractor not less than seventy-two (72) hours in advance. Article 21. Undertakings by the Owner The Owner agrees to obtain and pay for any permits, licenses and easements required for permanent structures or changes, and, to the extent practicable without interference with operations, to furnish the Contractor, free of charge, for its use during the construction, electricity, water, steam and compressed air required for construction purposes, at the voltage and pressure currently available at Owner's said plant, to a point adjacent to or within50feet of the site, but the Contractor will be required to make the necessary connections, provide approved shut-off and safety devices and furnish and install all temporary lines required to bring them to the point of use. ASARCO ELP 0008326 ''age 7 of 8 Article 22. Applicable Law This contract shall be construed and enforced in accordance with the laws of the state where the work hereunder is to be performed. Article 23. 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 except by an agreement in writing duly executed by the parties or their duly authorised agents. Article 24. Technical Information The Term "technical information" as used in this agreement includes but is not limited to technical data, reports, models, drawings, specifications, operating manuals, designs, computations, formulas, apparatus, processes, pat entable or unpatentable inventions and other engineering data. You agree to accept ASARCO 's decisions as to whether any particular information is technical information or is technical information which has been made or conceived under this agreement. It is understood that in the course of your performs: ;ce hereunde: learn or have access to technical information of ASAKCO. Ye- ; agree that your personnel will keep ir. confidence all sue:, technical ir. 'crm.aticr. of and that you and your personnel will net use or disclose the- same wicheu written consent, cither during the term, of this agreement cr r.y tzsr.c you rr.ay *ou ar.c You agree to disclose to ASARCO ail technical informstior. mace cr ccnccived by you or your personnel ir. perform.ar.ee, or resulting from performance, under this agreement. You agree that all such technical information made cr conceived by you or your personnel shall become and remain the free and unrestricted prepertv of ASARCO and that you shall assign or cause the same to be assigned to ASA.P.CO. You agree that you and your personnel will keep in confidence all such technical information made or conceived by you or your personnel and that you and your personnel will net use or disclose the same without ASARCO's written consent, either during the term of this agreement or at any time thereafter. You agree, upon the request and at the expense of ASARCO, to make or cause your personnel to make applications for Letters Patent in such countries as ASARCO may designate on those of the aforesaid assigned inventions which ASARCO believes to be patenable; and to assign all such applications to ASARCO or its order: and to give ASARCO, its attorneys and solicitors all reasonable assistance in preparing such applications, and in prosecuting such applications in the patent office or offices involved and in defending and enforcing any patent that may be issued upon any such applications; and to execute all papers that may be reasonably required ir the prosecution of Such applications or to vest in ASARCO or its assigns said inventions, applications and Letters Patent. Article 25, Additional Provisions (add such additional provisions. if any, as the particular job requires). ASARCO ELP 0008327 Page 8 of 8 IN WITNESS WHEREOF- the parties have executed this contract the day and year first above written. RA SNICK CONSTRUCTION COM PA X Y , Contractor By __ President ASARCO Incorocratec Owner By ASARCO ELP 0008328 AMERICAN SMELTING AND REFINING COM. aNY fpRM # insurance-1 R.Ti.d 9/73INSURANCE-CERTIFICATE AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BE LOW HAVE RFFN ISSUE!) TO -- -- * Tj ' PM f)wtf, I'.' fI *i.*nrwv-- f i , - - -...... ............. - --- --- -- THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURCO FOR AMERICAN SMELTING AND REFINING COMPANY ON CONTRACT L.LIL__________________________________________________ AT 1 l i------ : -___ ZJ..:______ ________ ; IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS* PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY. ATTN-------Lli_:---- ; -): L.i.L)-------------------------------- PLANT MANAGER. K (to or INSURANCE NUMBER DESCRIPTION OP POLICY EXPIRES LIMITS OF LIABILITY MINIMUM contractor's public . l;j ? vi LIABILITY (COVPftEHENS1V INCLUDING CONTRACTUAL)* BODILY*INJURY PROPERTY.DAMAGE w. - 2! / c . i : CONTRACTOR'S PROTECT1V LIABILITY H . J V V , L* v EACH OCCntRESCE S ? / K- / 7 : LACH OCCl KP.ENCE S.. . . . ... S300.000 $ 25.000 BODILY-INJURE PROPERTY.DAMAGE F.ACI! OCCURbCNCE ; each occurrence j 1300.000 S 25.000 automobile BODILY-INJURY ------ * ' - ^ ' PROPERTY-DAMAGE WORKMEN'S COMPENSATION AND C* r^ employer's liability ii. ** * / EACH PERSON $ 1 .1 . ...... EACH OCCURRENCE J 3 j . . v j . L . EACH OCCCBRENCE s >1 . w * V S. 7/1/7a 1 C .. . . ^ V- EACH OCCURHENCE I *' ' ' < < i. - $100,000 $300,000 $ 25.000 COMPLY w ith applicable state law $ 25.000 date ^; 11! l c r 4 1 v7c /-ur'ciSf ; i. i.tr; 1 INSURANCE COMPANY * : __________________ ! - >* -__________ CITY STATE - r i 1 c . . ; t * _________________ AUTHORIZED REPRESENTATIVE *The Contractor ehtll eeve harlee end icdernifv the Owner fro end egeinet aoy expenae, lo*e or denege on account of oy cltie, eetsand or euit rede by eny peraon whoneoerer. including eny employee of the Owner, which ie in tcy way ceueed by or connected with, or gruwe out of the execution end perforrence of thte contrect by the Contrector or eny Subcontrector; pro* ided, however, thet the Contrector anell not be recurred to indemnify the Owner egeinet eny iota ceuaed eolely by negli* gene* or willful feult of the Owner or iti erployeee. The Contrector eccepte ell riak of injury or deutge end ell reapoa* aibility for eny claim for denepea wheteoerer reaulting from the uae, niauee, or failure of any hoict, rigging, blocking, ceeffoldmg, or other like or ur.like equipneot ueed by the Contrector or toy Subcontractor, ew#a though aueh equipment be furciehed or loaned to the (Vtrt*rrr*r r\--- - .-j .t - ASARCO ELP 0008329 \ h b * f K*" Rasnick Construction Company, Inc. r;5 STREET Et =>a60. Tc >*; 795 1 5 1-915 598-4464 oici M-rdvi-c. 1- .-it'. sf n ^ ASARCO ELP 0008330 - C > rase ..ev: a- Su: ces Dert. 1. He: .. / ?: i 4 : cr -TO-S ."*' r*;.u w.'. '^2 .r~"* ^--e 't// *V*YTl" 3-al ~-~r -/ ' --- -HC Th?-usi.r:r Kine \:i'T:r: s'-'4e. -o^v v ^ -71 :r. * r- c*;;~ A-. \ ASARCO ELP 0008331