Document 3QZZvJ1xvm5oOX4o8j6w90anJ

' T" ** !> DOMESTIC mviei v. OrtttankhtlalWdiiiomla--nleidaM; $ MBtaasfallntatalacBm s FULL RATE TELEGRAM DAT LETTER V i^nOHT LETTER . E f ..* NaWDS^cuoFsve. pd.or cou- V CA3H WO, W| P. MAMMAI.U wmoiwr CHARGE TO THE ACCOUNT OF , - \ .* /' J IHTUIU^OtUJ. iviav A atbnjntb*BMBCBffllba MntaltfcafoUa*.;.. 22M104I nuiwi Is \ IXTIBt TnxaXAM vv kfHIP MOJOOMM * . fOft11 | J UWUM5 PD=WUX CD NEW YORK NY JUN .3 1955 958AMEi` '* t *: - :--. - 7.1.*'*-* . --. --.;. ^- --, r----------- --------.--.--------- : . ;---------i r :----------------- ------ -n. . . -J . " ` -BEJN" ..R...O....B...E...R..T.. S? : ^ \ ' . ) ' .'`'S'f.t-r* ?*%b*X'* ? ; ..td&fSLi -.'r k* . iL PASO 71 ANODE BUILDING ROOF CONTRACT FORM HAMILTON/^ HER 0000096 100-H.Tia.cl 12/54 INSTRUCTIONS: Attach tad f*rw4 vith Inquiry Fora No. 352. To bo eoapiotod tad rotarnod ttcontractor't propojal. CONTRACT FOR NOOt jmiLVIN&i fcoOf KcPfilfc.. Page 1 at AMERICAN SMELTING AND REFINING COMPANY'S at _________ ______________ . Plant THIS AGREEMENT, made the day of , 19___________________________, by and between , i-- , A/a 07/-~7~0/v, whose address Is 2-g/3 H , *z.lf? Place,' Ph0e.*?/)c (hereinafter called the "Contractor") and AMERICAN SMELTING AND REFINING COMPANY, a corporation of the State of New Jersey, whose address is 120 Broadway, New York 5, N.Y. and _ P<7. 3* >c //// Jr/ f^ASO Hz^./4-s. (hereinafter called the "Owner"). WITNESSETH: The Contractor and Owner agree as follows: Article 1. Scope of the Work The Contractor shall furnish all plans, engineering, labor, tools, equip ment and materials, except such items as are hereinafter listed as being furnished or furnished and installed by the Owner, for 7q j&rtoda. 00 (hereinafter called the "work") at the plant of the Owner at /yir/ /*<$<><? r ~'/r<g. < ___________ ______ as shown on the drawings and specifications (attached hereto) (entitled a h* furnished by &i>& s? << r and dated J2. ) and shall erect. Install, and complete the work In good and workmanlike manner and in compliance with all applicable codes, rules, regulations and ordinances. Page 1 HER 0000097 Page 2 Article 2. Time of completion The work shall he commenced, L&A&sj and shall be substantially completed &/?</ Article 3. Payment (to b dltd if programs oayooots *r* to be made) The Owner shall pay the Contractor for the performance of this contract. the sum of Tu/o ^ho l* *044*c/, Ab6e.J&taJ>. 1ST 7JL - ), lawful money of the United States of Aim dollars,^ 2-i 7c 3o 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 corporations on whose behalf such liens could have been or be (filed) satisfactory to the Owner that all payrolls, material bills, and other Indebtedness connected with the work have been paid and that the work is free of all liens and encumbrances. Artiele_2i_J5a22*ntS. *to d*I.c.d it profr.M payaaota in / ba aada) \ The Owner shall pay the Contractor for the performance of this contract. the um of \ dollars. _), lawful; money of the United States, as follows: On or about the day of each calendar month, commencing t,.'the\Owner shall pay the Contractor per cent ( J>)> based on the contract prices, of the labor and materials incorporated in the work and of materials suitably stored at the site thereof up to the end of the next pre ceding calendar month, as estimated by the Owner, less the aggregate of previous payments; and \>on substantial completion of the entire work, a sum sufficient to increase the otal payments to per cent C _________ J>) of the con?* tract price. \ payment of the remaining ( <) of the contract price shall be due days after completion of the work provided the contract is then fully performed the Contractor. / Tare each sue: yment is due, the \Contractor ahall^aubmit evidence satisfactoryto the^mer luding, if requested, partial^Waived, or in the case of finall payment, i releases, of all liens arjrting out of or in con- nection with ufe work by all rsons, firms or corporation on whose behalf such liens coul^fiave. been or be led) that all payrolls'; naterial bills, \uid other indebtedness (except, in the 1 se o*-payments other than final payment, dndebted- ness^-riot then due ^connected h-'ihe work haws' been paid and that the work is free of all liens and encumbrances. Page 2 HER 0000098 5 Article k, Payments Withheld The Owner may withhold all or part of any payment to the extent neces sary to protect the Owner from loss on account of (a) damage to the work or to the person or property of the Owner, another Contractor, or any other person, which is in anyway connected with, grows out of, or has anything to do with the execution and performance of this contract by the Contractor or any subcontractor, (b) a reasonable doubt that the contract can be completed for the balance then unpaid, (c) any failure of the Contractor to make proper payment of indebtedness connected with the work or to perform its obligations under this contract, or (d) claims or probable claims arising out of any of the foregoing. Article 5. Liens t If any lien remain 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. The Contractor shall, at any time requested by the Owner, deliver a bond satisfactory to the Owner indemnifying it against any lien and expenses oceassloned thereby. Article 6. Title to the Work Title to all work completed or in the course of construction, and all tools, equipment, or materials on account of which any payment has been made, shall be in the Owner. 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 his own expense remove, take down, replace and repair any materials or portions of the work which the Owner shall deem unsatis factory or not in conformity with this contract or specifications, 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 ar bitration in the manner hereinafter provided. Article 8. Protection of the Work The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property from injury or loss arising in connection with this contract. If any loss or expense to the Owner or damage to the property owned by it results from, or in connection with, the performance of this contract by the Contractor, or any subcontractor, the Con tractor shall fully Indemnify the Owner. If the work is damaged in any manner whatsoever, it shall be repaired at the expense of the Contractor. Page 3 HER 0000099 Page h The Contractor shall fully save harmless and indemnify the Owner against any expense, los3 or damage on account of any claim, dwwmd or suit made by any person whomsoever including any employee of the Owner, which is in any way connected with, grows out of or has anything to do with the ex ecution and performance of this contract on the part of the Contractor or any subcontractor; and the Contractor agrees that the Owner shall not be liable for any injury, or other loss or damage of any nature, that might be sustained by the Contractor Itself or its employees or subcontractors in the execution and performance of this contract, unless such injury, loss or damage is caused solely by willful fault or negligence on the part of the Owner or its employees. Article 9. Contractor's Liability Insurance The Contractor shall maintain such Insurance as will protect It from claims under workmen's compensation acts and from any other claims for damages for personal 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. Prior to commencement of this work the Contractor shall file with .the owner completed certificates of insurance in form of "Insurance Certificate" attached for the Contractor and each subcontractor, and the Contractor and each subcontractor shall provide Insurance coverage In the amounts not less than those stated in the attached form. Article 10. Compliance with Laws and Ordinances The Contractor shall give all notices and comply with all laws, ordi nances, rules and regulations. Federal, State or Municipal, bearing on the con duct of the work and the performance of this contract and shall bear all fines, penalties and losses incurred by reason of the violation of any such law, ordi nance, rule or regulation. If for any reason the ^ntractor's or any subcon tractor's employees or agents acquire a status imposing liability on the Owner for employer's contributions 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. Article 11. Patents The Contractor shall indemnify, protect and save harmless the Owner from and against any and all claims, losses, costs, damages, expenses, actions, suits or other proceedings, growing out of or resulting from infringement of any patent or other similar industrial property right by the Contractor in the performance of this contract, except that this provision shall not apply to patented articles or processes specified In drawings and specifications furnished by the Owner. Article 12. 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 should be appointed on account of Page 4 HER 0000100 Page 5 the Contractor's insolvency, or if a trustee of his property should be appointed under the reorganization or readjustment provisions of the Bankruptcy Act, or if the Contractor at any tine should refuse or neglect to supply enough properly shilled workmen or fail to prosecute the work with diligence or in any other re spect should violate this contract, the Owner, without prejudice to any other remedy it may have, shall be entitled upon three days' written notice to the Con tractor, to terminate the employment of the Contractor and take possession of the work and all materials, tools and appliances on the site and finish the work by whatever method the Owner deems expedient. In such 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 the expense of finishing the work, including a reasonable allowance for additional managerial and adminis trative service, such excess shall be paid to the Contractor.' If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Article 13. Correction of Work after Payment Neither payment nor any provision in the contract shall relieve the Con tractor of responsibility for faulty materials or workmanship and the Contractor shall remedy any defects due thereto and pay for any damage to other work resultln therefrom, which Bhall appear within one year from the date of completion. The Owner shall give notice of observed defects with reasonable promptness. Any dis pute under this article shall be subject to arbitration as hereinafter provided. Article 14. Arbitration All questions subject to arbitration under this contract shall be sub mitted to arbitration at the choice of either party to the dispute. Unless other wise provided by controlling statutes, there shall be one arbitrator who shall be chosen by the American Arbitration Association, whose rules shall be followed. Article 15. Assignment The Contractor shall not assign this contract nor sublet it as a whole without the written consent of the Owner, nor shall the Contractor assign any moneys due or to become due it hereunder without the prior written consent of the Owner. Article 16. Co-ordination of Work The Contractor shall conduct his work so as to cause a minimum of inter ference with Company operations. Where such becomes absolutely necessary, per mission to do so shall be requested and arrangements made through the Plant Engineer's office not less than seventy-two (72) hours in advance. Article 17. By the Owner The Owner agrees to obtain and pay far any building permits required; to carry fire insurance with extended coverage fully covering the Contractor and/cr his subcontractors for all material and equipment delivered for the job and for all labor and material brought into the work as their Interests may appear; and, to the extent practicable without interference with operations, to furnish the Contractor, free of charge, for its use during construction, electric ity, water, steam and compressed air required for construction purposes, at the HER 0000101 Bags 5 voltage and pressure currently available at the plant, to a point adjacent to or within auired to make devices and the point of use ______ feet of the site, but the Contractor will be reessary connections, provide approved shut-off and safety and install all temporary lines required to bring them to Article 18. Additional Provisions (Add ooch additioaai proriaioaa, it aay, aa thy partieaiar job raqairaa). &**&&**** 7o <&//' /a^fu < /r: _ <z Js'cZ. ^ /bt^ozjCs. j </ ///& "<*--<2. j 7o./^ ~yrj <r%*__ yb (/ >$ $/Jc IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written. Contractor By AMERICAN SMELTING AND REFINING COMPANY Owner By Director of Purchases HER 0000102 ft* r- if V L. HAMILTON Painting Cafifaactox SPRAY SYSTEM AND GENERAL PAINTING SPECAUZING IN INDUSTRIAL PAINTING AND COATING tumoni a-a*4 MtHHHiMasvnkT V '%, v PHOENIX. ARIZONA 22 5* <S ' AUTHORIZED APPLICATOR PABCO COOLITE "Tke %efUctire Insulation" OUTSTANntNA mn tuooimum it rur tr\i ituuiht HER 0000103 cmka. or n JOB NO. Contractor shall msm old roof la a safe wanner sad apply corrugated trsaalte sheets vlth Hainan Stud-Weld fittings of proper sixe end length. Both, side sad end laps to be coated between sheets with plastic putty rocrisennded by ananfscturer for the purpose. Side and end laps aa well as stud spacing to be as shown la nf*s. application Instructions. Contractor to clean gutter at west side of roof thoroughly after job la canplated and renown all old roof, fastenings, dips A. S. AH. Co. May 12, 1955 HER 0000104