Document 7MVGVqBnoJdkgkKy5KLJ0g22a

OSISUL OONTMCT HO. THIS HaxSUHEUU OK .J.BEi.'lBWT this day mcd* and entered Into by and batman Kuable C1I Ssfinln,; Company, a Texas corporation domiciled in Harris County,Texas, hereinafter referred to as Huabla, and Broan a Boot, Ine., of Karris County, Texas, hsralnsftor rafarrad to as Contraotor(in noutar gander), WHERSA3, Huabla, In the operation and aalntsaanoa of Its Baytown Safinary, Baytown,Texas, has oooaslon to hare performed ssrtain olasslflsatlons of work; and, WKERSAS, Contractor la folly equipped and ooapatant to perfoin In an expeditious, ooapatant and workman 1.Ike manner the various olassofioations of work that coy be required by Humble, therefore, in consideration of the mutual covenants herein contained and ef the payments hereinafter provided to be mads by Humble to Contractor, the partial hereto ogrto as follow*i 1, Contrmetor agreea, within twenty-four(*4) Inure after the receipt of letter of Authorisation, hereinafter referred to, to begin and preae with due diligence until completion in a careful and eorkoanllke manner with the neoeaaary labor, oatorlals, tools, equipment, nachlnery and superintendence, furnished and maintained by Contractor at ite own ooat and expense, except aa aay be otherwise provided in eaid letter of Authorisation, the performance of one or sore of the elaeelflections of word, briefly desoribed as followsi (a) The construction of oonorete foundations. / lb) Sacaration for pipe lines, aewerc, cooling tower beelne, equipment foundations, firewalls, tank foundations,eta. (e) Tile driving work, (d) Diemantlin; of concrete foundations, acruotural steal building* and tank*, and pipe lines. (a) Unloading ef tank steal from care and hauling same to Job-site. (f) Dredging of separators end effluent ditches, (g) Sreotlon of equipment. th) Laying cf oil,aLean, air and water lines, including corrosion protection. / / 1$ I (i) Laying of sswsrs. (J) Building of aanholat. (It) Building of fna*i. (1) JErsstion of --' woodsn otruoturoo, (a) Building of roodo, strasts, curbs. In) Building sulmti. (a) Grading of roods, (?) Clsai-ing of brush ond tross. (o) Laying of railroad traokage, (r) jCLostrlsal work. I. it oonsldsration for tbs setisfactory psrferatnss and osaplstion of tbs various alaasiflsatlona of sw* shiah Contras tor asp b oallsd upon to porfora hsrsundar, Hufcl* igrs, sseardlng to th* furtbsr previsions hsrsof, to pap Contractor such sat ovi anas ef aoosy as aay ba spaalflsd in abeva rafsrred to Lsttsr of Authorisation. SBtVXCIS TO BS PQRNX3HS0 BT HUlfflLS. Sarrlsas ar aatorlals to b* furnlsbod by Huablo shall. In such individual easa, bo aat out In aaid Lsttsr of authorisation, phccsdurs fcr bcubstino nOBK TCi BS PERPOBMSD 'JtiDES the Tsoa or this aaciAt. ccibtsact flhsnsvsr it la daairad to har* Contractor parfora any ona or oora of tha Classifications of aork prorldad for haraundsr, Kuobls shall furnish Contractor with a lsttar of Authorisation, vhioh Lsttar shall stats that Contractor is authoriaad to prooaad, for osaapla, sith tha sonatrustien of osrtaln sonorata foundations, follssad by osnplsta apaolxisatlooa and proeadura, togsthsr with considsration to ba paid Contractor tharafor. SFTKCriVT /liOD Till* oontrset shall remain In full faros and sffoot for s period of one year from date hereof, and thereafter from year to year| prorlded, hoeever, that the sane say be terminated at any time by either party by its giving Thlrty(SO) days' erltten notice to the other party of Its Intention so to terminate the sane. Such taralnatlon,however, shall not relieve Contractor of its obligation to ooapleta any work whlah say ba In pi-ogrees at tha tine when auoh notioe of termination It glvdn. I -3*1--Ao eonotderafrlon for cho ftril perfornane-of this- e wtraet ^-ConcrQoQo**-, Siwnbla agrea-.*o-pay Cont^ac-tor the-aua-of- -$------------------ ------------ > according to tno futhop provioiono horoof. SAFETY Contractor shall observe all refinery safety rules and precautions. It le agreed that Contractor assumes all risks and dangers incident to Its being upon the preraises In the performance of the work hereunder. RESTRICTIONS. LIGHTS, FIRES. ETC. Contractor shall provide proper night lights and watchman, and shall be responsible for and In direct control of the use of any and all lights, torches, or other fires of any description used directly or Indirectly in the prosecution of this contract. TTf.TTTRTFS RESULTING FROM USE OF UTILITIES In the event Humble furnishes Contractor with utilities, such as electri city, gas cr compressed air, whether as stipulated hereunder or at the special reauest of Contractor, it is especially agreed that Contractor assumes all liability that may arise from use of utilities after delivery thereof is made to Contractor, except damage to Bumble's property resulting from fire and explosion with respect to which Contractor shall not be responsible or liable. Vltb the aforesaid exception Contractor hereby undertakes to protect and hold Humble harmless from and against any and all claims or demands for injury or damages, including death, that may result from Contractor's negligence in receiving or using such utilities. INSPECTION Although it is intended that Contract shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this Job, Humble reserves the right to have a., inspector on the Job. Any material which la considered unsatisfactory shall be removed from the Job and re placed at Contractor's expense. Contractor shall supervise and inspect all work during the process of fabrication and erection. Neither inspection, waiving of inspection, r.or acceptance by Humble shall relieve Contractor of its obligation to furnish all materials and workmanship in accordance with specifications. I 3. It is understood and agreed that all work so dona by Contractor shall meet with the approval of Humble's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Humble being interested only in the result obtained, and that Contractor la an independent contractor as to all work performed hereunder. In this connection, Contractor agrees to protect its employees by carrying workmen's compensation insurance in compliance with the Texas Employers' Liability Act and all amendments thereto, and to carry public liability insurance In amounts satisfactory to Humble as follows: (a) Workmen's Compensation Insurance in accordance with the Texas Employers Liability Act and all amendments hereto, covering injury to Contractor's employees. (b) Public Liability Insurance in the amount of $20,000/40,000 and Contractor's Protective Liability Insurance if necessary, to cover persons other than Contractor's employees. (c) Property damage Insurance and such other insurance as may be required to cover Contractor's Liability and responsibility. . (d) Public Liability Insurance in the amount of $20,000/40,000 and Property Damage Insurance in the amount of $5,000/25,000 'arising out of the main tenance, use and operation of automobiles and trucks. (e) Non-Ownership Public Liability Insurance In the amount of $20,000/ 40,000 and Property Damage Insurance in the amount of $5,000/25,000 arising out of the maintenance, use and operation of automobiles owned by Contractor's employees but U9ed In connection with their work. Contractor shall produce evidence satisfactory to Humble that all Insurance required hereunder is in force and carried in companies authorised to do business In Texas, and will not be cancelled while the work herein specified is in progrees without prior reasonable notice tc Humble. Should the Contractor at any time neglect or refuse to provide, or should cancel insurance required hereunder, Humble shall have the right to procure the sane, charging cost of same to Contractor and deducting same from the consideration tc be paid hereunder. Contractor further agrees to protect, indemnify and save Humble harmless from and. against all claims, demands and cauees of action of every kind and character arising in favor of Contractor's employees or third parties on account of personal Injuries or damages to property occurring ir. anywise incident to or in I connection vlth or arising out of the vork performed for Humble under the terns hereof, or in any way resulting from the wilful or negligent acta or amissions of Contractor's agent, employees or representatives. 4. Contractor agrees to pay off and satisfy ell claims for labor and material employed or used In anywise by it in connection vlth the vork performed hereunder for Eumble as herein contemplated, and to permit no Liens of any kind to be fixed upon or against the property of Humble by its laborers, mechanics or materialmen, and agrees to indemnify, protect and save Humble harmless from and against all such claims and liens. 5. Contractor agrees that if, in the opinion of Humble, Contractor should fall, at any time during the performance hereof, to provide the necessary crews, tools and equipment for the prompt performance of the work herein contracted for, or should breach this contract In whole or in part or fall to use due diligence in the performance thereof, or should not be performing the contract in the manner herein provided, Humble may, at its election, take over and perform, for Its own account, all or any part of the vork then remaining unperformed. In the event Humble should exorcise such right, It shall have the right to use all or any part of Contractor's tools or equipment than in use on the Job but shall pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by Humble and shall return same to Contractor upon the completion of the Job in as good condition as vhen taken over by Humble, ordinary wear and tear excepted. Should Humble take over the completion of said Job, it shall pay Contractor for the vork then completed, subject to the later provisions hereof, unless under the provision cf paragraph 2 above the compensation for the completed vork cannot be readily determined, in which latter event Humble shall pay Contractor the full contract price less all coats and expenses incurred by it in the completion of the vork. 6. Contractor agrees that upon the completion of the vork herein con tracted for it viil furnish Eumble vith proof satisfactory to the latter that all claims for labor and material have beer, satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Humble to Contractor, subject, however, to the right in Humble to withhold payments in accordance with the provisions of Article 5469, Revised Civil Statutes of 1925. and all amendments thereto or other I provisions of law applicable. It la agreed that upon request of Contractor and upon shoving to the satisfaction of Hunble that all claims Tor labor and material and for damages to persona and property, as above provided, have been satisfied, Humble, In the event It considered It safe to do so, will advance at approximately fifteen (15) day Intervale up to eighty-five per cent (8S) of the amount due for work then com pleted, based upon estimates by Humble's engineers or Inspectors, In which event the balance will be paid upon completion of the work and compliance with the terms and provisions hereof. 7. In the event there ia a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which may have been executed by or passed between the parties hereto in connection with the subject matter hereof, and which have been Incorporated herein by other provisions hereof, It is understood and agreed that the provisions hereof shall be controlling. 8. In performing its obligations hsreunder, Contractor shall comply with the Fair Labor Standards Act of 1938 and all other applicable lavs and with all applicable orders, rules and regulations of constituted authority. 9. Contractor agrees to reimburse Humble on demand at Houston, Texas, for all taxes or governmental charges, State or federal, which hunble may be required or deem it necessary to pay on account of employeee of Contractor, and to furnish Humble with information required to enable it to make the necessary reports and to pay such taxes or charges; and at its election, Humble Is authorized to deduct all sums so paid for taxes and governmental charges from such amounts as may be or become due or owing to Contractor hereunder. 10.. It is also understood and agreed that upon request of Humble, Con tractor shall immediately furnish to Humble the following information and data with respect to all of its employees, contractors and subcontractors and their employees, and all others engaged or to be engaged In the work or preparation for the work on Humble property involved lr. this agreement: (a) a list containing all of their names and addressee; (b) photographs and finger prints of all such employees and subcontractore; (c) the place and date cf birth cf such subcontractors and employees and whether they are citizens of the United States or aliens. Furthermore, at the request of Hunble, each such employee or subcontractor, shall ' e required by Contractor to carry identification cards, different in color, but similar in other respects to the identification cards required of Humble's own employees. Humble has the right to refuse admission to Its premises and to require Contractor to remove or cause to be removed from all such work, such of said persona as Humble may designate, and to require that Buch persons shall not be engaged or employed on any of said work; and thereafter Contractor shall not permit any of those so designated to enter Humble's plant or premises or have any connection, direct or indirect, with the work Involved in thie agreement. Contractor's failure or refusal to comply promptly and fully with the foregoing requirements shall entitle Humble forthwith to terminate this agreement and to hold Contractor reeponeible for all extra costa and expense to which Humble may be put or which may grow out of the foregoing and in finishing the work covered by this agreement. No extension of time shall be allowed for delays under thie paragraph. IN TESTIMONY WEEEEOF, witness the signatures of the parties in duplicate this the ________________________________ day of WC- ^7 _________ _19 *3 HUMBLE OIL AND REFUTING COMPANY BROWN Jt SOOT. INC. STATE OF TEXAS } f COUNTY OF HARRIS f Before^me, the undersigned authority, on this day personally appeared l_ rf B<c -- --IITIH | || an |known to me to he the person whose name Is subscribed to the foregoing instrument ilul/Ll Oil Be Refining Company, and acknowledged to me that he executed the same for the purposes and consideration herein expressed, in the,capacity- stated and as the act and deed of said Humble Oil 4 Refining Company. Given under my hand and seal of office, this the _____In ^ day of ~H*1 cL . /. i'-| A. D. 19 Notary Public in and for Harris County, Texas. STATE OF TEXAS COUNTY OF _____ Harris A Beforeme, the undersigned authority, on this day personally appeared lill. UlSfHIJ known to me to ho the person whoso none is subacribod to the foregoing instrument aa Korn UraalHa-at--------------------------- f--Bru-- rBBg;ttfl.-------------- and acknowledged to me that he executed the same for the purposes and consideration therein expressed.' In the canacltv * stated and as the act and deed of saldoi'oan 1. f_iopt", !wr Given under my hand and seal of office, this the _day of OVAlvgl--\ A. D. 19 x. . Notary Public in and for ttOTl County, Texas. STATE OF TEXAS i t COUNTY OFI Before me, the undersigned authority, on this day personally appeared ________________________________ known to me to be the person whose nauee Is subscribed to the foregoing Instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under ay hand and seal of offics, this the lay of _ A. D. 19___ . Notary Public in and for. .County^' Hcmble Oil 8e Refining Company Houston l, Texas October 20, 1955 Brown & Root, Inc., P.O.Box #3, Houston, Texas. GENERAL CONTRACT NO. 1227 Gentlemen: Reference is made to above mentioned. General Contract between your Company and Humble Oil 4 Refining Company covering the performance of certain work at our Baytown Refinery, and to our letter of July 6, 19^5, authorizing Mr. W. P. Willis, Mechanical Superintendent or Mr. H. F. Hartman, Head of the Engineering Division, Baytown Refinery, to execute on behalf of Bumble such Letters of Authority as may be Issued under said General Contract. It is now desired to cancel, and there is hereby cancelled, the Author izations contained in said letter, and to amend said General Contract, and the sane is hereby amended, by dd<ng to the Paragraph entitled "PROCEDURE FOR REQUESTING WORK TO BE PERFORMED UNDER THE TERMS OF THIS GENERAL CONTRACT" the following provision: "Such Letters of Authority shall be executed on behalf of Humble either by the Mechanical Superintendent, Baytown Refinery, or by Head of Engineering Division; provided, however, that Letters of Authority Involving a consideration of $15,000 and above shall be executed on behalf of Humble by a Vice President thereof." In all other respects said General Contract is continued in full force and effect. If the foregoing meet6 with your approval, please execute all copies hereof, retaining one copy for your files, returning the other copies to this Office. HUMBLE OIL & REFINING COMPART ACCEPTED 4 AGREED TO: Brown 4 Root, Inc. Chief Refinery Engineer (Title)