Document 91Y739MaEG7yD6Xd4qmmL56V3

PLAINTIFF'S EXHIBIT r A `' PEE ACCEPTANCE NUMBER 1 O- " ETHYL CORPORATION Ethyl Tower 451 Florida Blyd. Baton Rouge, Louisiana B&R-410 Brown & Root, Inc. P;0; Box 3 Houston, Texas 77001 Gentlemen; Pursuant to our agreement.of Aug. 30, 1971 we enclose Estimate No. . 1304-F , dated 8-28-72 authorizing the scope of the work on our Job No. 77154/ covering Equipment installation, piping, instrument installation, electrical, concrete, structural, insulation, and painting.______ showing our definitive estimate of the cost therefor; and determining the contractor's . fixed fee for this portion of the work as $ 6,822 The total fee for this -project shall now be fixed at $ 6,822 If you elect to perform this work for the indicated fee, and in accordance with the provisions of our above mentioned agreement, please indicate your acceptance by signing the acknowledgment below and returning two copies to us. Mr. H. A. Skebohas been delegated to represent the Owner in all matters pertaining to.the contract during the course of this work. Very truly yours, Acceptance The above work is accepted for the fixed fee of $ 6,822, subject to the provisions of our agreement of Aug. 30, 1971 G. S. Roberts Chief Engineer 00210 H*M VICV. 4/7% ------------------- Q---------^-------- ln^S. z> ETHYL CORPORA tiON/6riginal purchase order OTHHISAlHtOPUASCEKRAMGEUSS,TS/ltSHOAHWON INVOICED HOUSTON PLANT P. O. BOX 472 ENA. TEXAS 77S9f DATE; 9/13/72 sot, Inc. '3 ; Texas .77001 Ethyl Corporation Houston Plant .*&-' Pasadena, Texas w. r V - - FAT terms l o5--1 Net 30 Da\te 01 JroPUItoX To Be Scheduled *_____________ r.o.s.____ TAX CODE MFC, NO. t/u ' - L--l Y 65000 160 MATERIAL AND SPECIFICATlONS UNIT PRICK To cover the cost of labor, material an* overhead to install the Ethanol Water Disposal System, Phase II, as described in your Estimate #2, dated 9/5/72, as coordinated by our Mr. H. A. Skebo, and under our agreement with Brown & Root of August 30,'1971 (Ref. Drawing ED-26010) NOTE: Before work can be started we require your certificates of insurance covering Workmen s Compensation. Public Liability & Property Damage. These certificates are to he filed with our Hr. F. J- Templet, and should bear riders stating that in the event of- expira tion or cancellation. Ethyl Corporation will l_ . A J+M JS 4 40 V - >5515.00 IMPORTANT! MAIL 4 COPIES OF YOUR INVOICE TO THE ADDRESS CHECKED BELOW. > ETHYL CORPORATION - P. O. Bo* 472, Po.od.nc, T.m, 77501 ' ETHYL CORPORATION -- Central Financa, Ethyl Towt}, 8ptt.Rovptn La. 70801 OTHER ^ it IS NOTICE TO SELLER'1-0 '2 UK 8 :?J ACCEPTANCE OF THIS ORDER IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS HEREIN, INCLUDING THOSE ON REVERSE SIDE. Jr: PLEASE CONFIRM ACCEPTANCE OF THIS ORDER, PRICES AND SHIPPING DATE AND SEND SHIPPING NOTICE TO: ETHYL CORPORATION Posadeno Texos 77501 M6R, HOUSTON PURCHASING BUFORD FENDLASON, BY PURCHASING AGENT 00211 n) ETHYL CORPORATION\7^A1-'^E^DE TMI NUUIU UVST SC. SHOWN OH ALU P..CKCCm, s/l*s AN ISVOfCCS I* .WOOUUSSTTON Pt*HT " ` BOX 472 TEXAS 77101 /-*-------------------------------------------------- ------------ Brown & Root, Inc. P. O. Box 3.,`. s H l P DATE: Ethyl Corporation Houston Plant ^ ^ Bouston, Texas 77001 - T O Pasadena, .Texas * Ji.: f -----:--:---- ---------------------`` ^----------* SHIP VIA: --? NAT TtRMS 051 Wet 30 Days ^JPfflgg- To be' scheduled r.o.a. Our Plant ^7 r ^ o> _ ' / \ TAX CODt MP. HO. Y 65000 T>*\ 160^ MATE*tAU AMO SPECIFICATIONS - UNIT PRICE 01 To cover the cost of Labor, Material, and. Overhead to install driveway to east door of Aluminum Powdering and to shell road as required for access, per estimate by P.W.M. of Brown & Root of 9/19/72 ?1,900.00 ' MOTE: Before wort can be started we require your certificates of Insurance covering Horkmen's Compensation, Public Liability & Property Damage. These certificates are to be filed with our Hr. P. J. Templet, and should bear riders stating that in the event of expira tion or cancellation, Ethyl Corporation will be notified immediately. IMPORTANT! MAIL 4 COPIES OF YOUR INVOICE . TO THE ADDRESS CHECKED BELOW. gf) ETHYL CORPORATION - P. O. Bo* 472, Po.ad.no, T.xo. 77501 f | ETHYL CORPORATION -- Central Finance, Ethyl Tower, Baton Rou^e, La. 70801 OTHER NOTICE TO SELLER ft si ACCEPTANCE OF THIS ORDER IS^XPR'ItsSLY LIMITED TO THE TERMS AND CONDITIONS HEREIN, INCLUDING THOSE ON REVERSE SIDE. ; :ry. PLEASE CONFIRM ACCEPTANCE OF THIS ORDER, PRicES AND SHIPPING DATE AND SEND SHIPPING NOTICE TO: ETHYL CORPORATION P.O* Box 472 PURCHASING ACCMT 00212 1K-2-2 *r.V. p4/71 an ETHYLCORPORATION 'TMmAl TMKHKE" sc**! ROMICIt MUST sttows OS ALL FACKAKf, /l*S ASP IMVQICCK HOUSTON PLANKT P. O. SOX 472 PASADENA, TEXAS T7S01 No. | DATE; 8/9/72 Brown Boot, Inc. p. o. Box 3.-Houston, Texas -77001 Ethyl Corporation Houston P1 ant"': Pasadena, Texas . /I 1 PAY TtNMl Net 30 Days Fck Osfivsry on or Bsfors: As Directed T/M 65000 160 OUR STOCK NO. MATERIAL AND SPECIFICATIONS UNIT PRICE 01 To cover the cost of labor, material, and < overhead to reinforce alum pond dike as described in your estimate No. 1 dated 8/4/72, as coordinated by our Mr. J. B. Bhorer, tinder our agreement with Brqwn Boot of August 30,' 1971. Advise NOTE: Before work can he started we require your - certificates of insurance covering Workmen's Compensation, Public Liability 4 Property Damage. These certificates are to be filed with our Mr. P. J. Templet, and should bear riders stating that in the event of expira tion or cancellation, Ethyl Corporation will be notified immediately. , t , ^ jj -^/J e.e o* /V6,37/ IMPORTANTJ MAIL 4 COPIES OP YOUR INVOICE TO THE ADDRESS CHECKED BELOW. '7? g] ETHYL CORPORATION - P. O. Box 472, Posodono, T.xo. 77S01 I 1 ETHYL CORPORATION -- C.nlvol Finonc., EthyI Tow.r, Boton Rov,f La. 70801 OTHER NOTICE TO SELLER ACCEPTANCE OF THIS ORDER IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS HEREIN, INCLUDING THOSE ON REVERSE SIDE. .. ^ \ PLEASE CONFIRM ACCEPTANCE OF THIS ORDER, PRICES AND SHIPPING DATE AND SEND SHIPPING NOTICE TO: ETHYL CORPORATION P.O. Box 472 Pasadena, Texas 77501 rURCHASIMC ACCMT 7' 00213 U_________ :___________ _____ ___ ETHYL CORPORATION ORIGINAL PURCHASE ORDER thm xuu.r* must at .now. oa act aaeaaata. a/fa amp tavcicta HOUSTON PLANT P. O. BOX 472 PASADENA, TEXAS 77S01 r~------------------------------------------- :-------------------------------' No. -----D---A--T-E--:--------8--/--2--4---/-7--2-----------------.---------------- . Brown & Root, Inc. P. 0. Box 3 Houston, Texas 77001 K Ethyl Corporation . P Houston Plaint j-. T Pasadena, Texas 77501 O Attn: Mr. H. A. Skebo. SHIP VIA:. .----- PAT TCAMa 05 Net 30 Days ' For Delivery on or Bttoft: TO be Scheduled T/M " ' Y '65000 160 bun stoen no. OUANTITt * onocnco MATERIAL AND SPECIFICATIONS 1. 'S' To cover the cost of Labor, Material and. Overhead to install the Ethanol Water Disposal System as described in your Estimate #1, dated 8/8/72, as coordinated by our Mr. H. A. Skebo and under our agreement with Brown & Root of August 30, 1971 Kef: Drawings: ED-26009 & 26010 NOTE: Before work can be started re require your certificates of insurance covering Workmen c Compensation. Public Liability & Property Damage. These certificates are to be filed with our lir. P. J. Templet, and should bear riders stating that in the event of expira tion or cancellation. Ethyl Corporation will be notified immediately. Job Advise Confirmation IMPORTANT! MAIL 4 COPIES OF YOUR INVOICE 70 THE ADDRESS CHECKED pELO*! fTgXETHVL CORPORATION -- P. O. Box 472, Po.od.no. T.xo* 77501 I I ETHYL CORPORATION -- Control Finonc., Ethyl Tower, Boton Roup., La. 70801 OTHER NOTICE TO SELLER ACCEPTANCE OF THIS ORDER IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS HEREIN, INCLUDING THOSE ON REVERSE SIDE. . SVr PLEASE COKFJRM ACCEPTANCE OF THIS ORDER, PRICES AND SHIPPING DATE AND SEND SHIPPING NOTICE TO: ETHYL CORPORATION P.0. Box 472 Pasodena. Tex BUF< or . HOUSTON HUHCHASIMS FENDLASON, HUHCMASIHC AGENT 00214 . Pursuant to our agreement of August 30, 1971, ve. enclose Estimate No. j, dated 8**72 authorizing the scope of the vork on-our Project No. H777&/ . covering *. 1 Q ^ oB I Sor*&/7/ZJ& showing our definitive estimate of the cost therefor; and determining the con tractor's fixed fee. for this portion of the work as $________ 320,00 . The total fee for this project shall how he fixed at $- fiaO.OO. If you elect to perform this work for the indicated fee-, and in accordance with the provisions of our above mentioned agreement, piease indicate your acceptance by signing the acknowledgment below and returning two copies to us. ' Mr. HA S*C68o _ has been delegated to represent the Owner in all natters pertaining to the contract during the course of this vork. V Very truly yours. (hf), XJkWM a-- C. L. GremijLlion Cs Superintendent, General Engineering Acceptance The above vork is'accepted for the fixed fee of $ ^-7,0 subject to the provisions of our agreement of August 30, 1971. ' Date "Zi Ao<vnz c BROWN & ROOT, IRC. By. - Name, Tijfcle ' A,s%'t Qo.pt: Hxa. 00215 i ) r^lNA U ' fSOJECT ^. HQ-2AREA (UNIT) . , _ _ PROJECT DESCRIPTION ESTIMATE SUMMARY BROWN & ROOT,. INC. _ LOCATION 70 l t> & m TYPE OF ESTIMATE *> AG ESTIMATE NO. REVISION NO. / JOS NO. DATE ESTIMATOR CHECKED BY W-77 ?Ct 8 -21-tz k/aUitHA ACCT. NO. DESCRIPTION too 1 PROCESS EQUIPMENT 210 PIPING 220 INSTRUMENTS 230 ELECTRICAL 240 CONCRETE 250 STRUCTURAL STEEL 260 INSULAT ION 270 PAINTING 94280S 9 42 004 942 B07 943609 94 2 809 942 8t 94 2 011 94.2 012 . 290 PAVING, ROADS, RR, FENCE 310 SITE PREPARATION - soo BUILDINGS/ARCHITECTURAL 610 j| NON-PROCESS EQUIPMENT c I690 NON-CAPITAL COSTS (DISMANTLING) QUANT. LABOR 16oo 7. 4oo 30 9oo i ZOO __ 2 6*00 JSlQ CONTRACT/ SUBCONTRACT too MATERIAL IOO 473" 75" i*oo 4oo 7<0 Soo TOTAL 7oo 2 BIS risr / 4 00 t Goo ,3 Zoo l oo 700 SUBTOTAL LABOR PRODUCTIVITY TOTAL DIRECT COSTS 710 720 720 720 740 LZ6Q_ 1 770 i 770 j 880 710 i 730 750 760 Soles Tax Field Supervision & Field Office Staff Warehousinq & Clean-up Field Office Supolies Temporary Facilities Consumables or Field Supplies Home Office Procurement Home Office Accounting Premium Poy (Up to 45 Hrs.) Payroll Taxes & Insurance Fringes Equipment Rental Small Tools 780 Fee (6.0% x Asterisked Items) Sub-Total 730 Lost Time 8S0 !. Soot Overtime |j GRAND TOTAL ESTIMATED COST 8 Zoo too Z, SS'O 8 300 it loo * __7. SSO S420K * 44 28I& * 94sffl7 * 94sBl8 * 942 0)9 * * 943020 .> <342421 * * <3 43* 8 2 2 942 S2 3 * * 942 t Z 4 943 B2S" 943 BiC 942 027 94283B 942 829 /o to 9SO (?Sf t. ISO US I6"fi 423 AGO, 7 os423 1 ASO UoC, 820 id ??3 sz _<2. (9 11 2 4 0D216 * IM-16-2 (Rev l/6a) ^ESTIMATE . . .) Periston Plant ALocation ^ H S-Z gza , H6uiTt>N Project Title D /k(S 408 1 (SOf^fttZeR. rnLAf^r D,lt<! tf-14-7 2 Problem Jfo. 1-2283 Project Ifo. H-7776J ` 027 ' PROCESS EQvipnChtT (j oF/^ Code loo Estimated By: y A/fcs (St/^' Nic Code Description Labi Mat lAbor l^trrrif.: ! 2&i 6S<*/4 Set P^-CCfiSJ fc G?v>iPfACwT ' - - - <oOQ : I oo . l Total 7 brt t, t i ^ PuRcuAU.o Df Brntt. . * ` 13 CPQ4476r L_ . 1 1 11- ,,5 ** \ Ih'OeT 'B Qa/ 700 1; ` 1 00 ! . 1 ACh ." C^^eclc r /^slAi-t P^/yP - * ^P '4(3 . f Po - *. '* bV Sf 7- -4 f 3 as S/ye w . . 10 O 1 i ! /o . , // n oa/ T)-2SS`<i,& *4x3 ( po 4 4 see) ~ pAnfiiiAr/- Raalk6t as SHQ* O/Jj________ . ., IU " jm ; Pat G - ,, - zrO- 2 5- ?^o . - . ^ G RnJtJELt- rtfr- lol R H/S^ / > f^te%s) re&g/ oca t Mjr rfgg fuS Tfl-vrieA/r .$7-1* a re i i 1* t.') S<<f 7" 0"4 13 AA & tiot*,l 1 o*j GD-2S-3GS~\ ' *D~4t3 PO-4ST6'3 4oo 1 ! dV G-U M* ITE Sk I.r. Cod F>.e ftl T p<L'noN fUrce S-4i3`(p6- 44 7dz1 4 o- 44o ; 1 11 . * 00217 1i!-l6-i' (itav l/62) cvacation H Ti-v-lc - ESTIMATE Iterator. Plant A(?a OU4TON LAt*r Date 8~ \^"T Problem Ho. ________ 1-2283 project Vu. ________f*?776l- (. I 1 QutXr 17*7 Pt| of7 * Code 2aO Esxt=a By: ` Code Bescrintion ?4l8e>4 P/ZoCSS Pip/n6- _ I** Mai Irtbor 2460 Material 1 Total 47 f I 2 8 73" - * SkrzrcH , Pa bP/ca tc f . . . . ** ftjs tail PfioC/Tff *' (fr/L t)rT P tP/'J'C AS Svo/su'SJ QtJ *1 f Q Z & $ ~^ Aktb P~/Z'-2 5SC>4'~2. ' & X.PO1 PJccuAl/rJ |y ErHYA-. ) i ' All X'Hc^i ^ Kt> C ^ a* ST O / (Pttiofl &80C,) fccBOlS ' Wk- < a') Tie /ft g / ro P-4/3 Zoo z s25" 2 : /Q ' Ar~ 3 " CcaxX 3 0'^ * f- V 5-2X2 (AC,1<>~b . 1; * / - Z" V/B-Z53 (.4hl9 O ' r I ^ /-- 3U 300** SaiAjc. (j-o . t.1 A/re n h/tax'At-Atjc.e ! ti - St:n 4o Bofie Ee^i 1 ^4( ,867V . * /^"Kl^'tou J '4 n * . l`X* /- x l" cc r 1- il > * /- .V' Tec r 4 0 .' i i * /- Y "3!' 2 T^ /Zcd rt 1. . i r1 ' k * / - 3 " jo* 4- Tll fH ii * / - 3" 7 ; - _1 11 1_______________ i1 i ^ /- " 3 00 * i PA/V . Pt-eitJG- Sc-H 3o&t L rr *...a . r* : ,,*i `i - ;; . 1 r- ---- ........"11 00218 . ;i (Rev.1/62) cV" '1 - o ESTIMATE J-custcn F^r.nl !. H 6m2 Agea MomroN. pLA^r ?rc'cct Title D 408 Is&N^gftti.cg. Rate 8->^-72 Problem 'jo. 1-2283 JtJirjof. 5z-Dr 1.7 3c"7 p1 2.6*7 Estimated Ey: . CoOe 2 t 0 Code Beecrirtion Labi Mat Inbor ' 5 * 3- 2" RFvnFlmos Zt-c: \ <sJl S* r'- - 3 "Vc*-S 0 Pe 1: .E& ilo'l ` /. Miter! r.l ro. ` * *V /at- 2" Scrt-to PtPei Pikjo~h 1 AW ` RTot-ri, (j- Aixers l JL ____ _ 2 !______ 13 r * .1 . |. . . . i 1 b *...... ' L: * |' ' \ . '' * * ** : ift TO FCV 4 13 '"6 0 0 ^7v5 FT ly 4 2" CcASS aiL * 5 - "Wnifet ' l* Z- Vva 16/ ("467 f; h . *' 3 - / *' Vtt/4 1 fat 19' VI . i{ '. ' * 7 ~ / 'V V/B /6/ .(4o>7* 7\ ' * 1 - l.'7*" VC 37 (^G>77 ) - 1* : * / - l" Tec jW V * 2 - V Tff fix] ' 1 ^ /9~ / ^ " v$0^ZZL (/ 2*7 0_1 *2.- 1 " 30 [l 2*] t ' */- IV' 3oo* Rt Sc&m ,. 7-/ftA/ &-" ! 1 . t ! ! i Total - . 12S- .1t *t 1 i 1 } 4 4 . 31 t. i i i .1 j iC/1 i5 ^ ^ A c. A. X A*. _l.-\ 00219 -lfi-Sf (Rev 1/62} w- * ESTIKME c Houston Plnnt H B*/? A(5a Momrow '' pL/mr 0al* Px^odXgm I*o 1-2;?$$ tt. J D 408 Isof^cftircR. BU OO- 1*72 *7 PV |VJ. 3 0f7 Code Deccrlr-tion CoDt 210 Estimated Ey: A/es 3 /**/ .2& Mat I-nlbcr Vrfcsr!/*.? ^ 1 - i"2: " 30otf ft fww Pi.a*>c r -ft Boftc C F**0 %?* ^ U \ V/a" l'6"o44 fi F TmCcaotfl * t . F lAh'& i: * t' H 2 - 1 */x "* tso** fcF Tt( TAC Zb Q Eh \sC l*j(r f~ t-AKt&C . -. ( i -! 1 * 1- '1^,300* RFt^frJ Fca* * ' _______ StM 50 g.ofce.-. i" y * 1- lV" 30 0** ep Tuftt/i e ' PZ./W6E" * :I~2U ioo** Rpu/a/ OfUf . Ft/w&f" U*JlOtJ C 2. Oil!lJ iiit ______vSch igo Softer ^x11 Ta PS 1 ' - ' . t * 2- 2* x I'V- ;S, o C<w : . Sw aC-C B L T S F - * |-i"<>'6" 'Soeoe^t ' S*TWfcCADCh * 1- i'W' Sch 80 C^r i ^K6 - TufrgAfefft 1 i! Ii1 !! : - . iirii . J1)Ii j<i ii *. r soeLftLL. r -$f\ I- . ! ^ * * 1- ("sooa^ELUoUr _ 1i5* . --__t ~ 3/<tM2P0Q ^ COMPL .- ij 1 - : *' / t i! ' i fcb M r\ . i^i - f i i 00220 2 (Bcv 1/62) UESTIMATE `- ' Ecuctor. Plant ------------------------------ --------- ..oca t Ion H 6-^ AgA MfeuATOH _ Plaht * i*Tt.4-`C:C"C rn*I t " r D 408 Uor^cfttrcR, J a 14-7 X* Problem Uo. _ 1-2283 {project H-77761 I 1 QuOfr .<727 4 6C *7 Cede Eeccr-Intion Estinisted Ejr:. A/5rS &i**K Mat Tnbor Mtterl.f.l Cn ff - \'f2 5scH ftO PtPg.Cf M6 3 eo , l/?pr -X11 Sei-rffQ__PtPS. ...lj .t 15 Misr Ouin^^ , Rot rXj M.I.F. ?LiLJ . M/w,g gC . Srti * 1 - 1 V 4.-C* C/ll !J t 1\ ^. * cA 'i v * l_ pt- tp.p L i^e Fact* 0-4.1 3- yo i' 4 .V - 4oo loo re> Tip- \h __________ /=r- cl " V"4-_____ _ * !-J2`, vrvl.O (46 a02 1 I - r .- i iroo i lt .. i i1i * * 1- PSv/4i3 *- 1 - 3" A/ G- t9 ~(4fc8_0 2/ - * - * I - I "Y311 Sooo-4* Titja^o- \. LtT * 11 - 4f * ^ fL A ^Cf ' .Trrt 40 BofcC r F-fl i* 3 - t? **- DlTT6 C p ** (1 * * 3 '9f> _ tt fa r ` slr * * 2-3" AS* Bll Cfa ll /- 4*V3" &n |` L i- E.t.u t 4 A " i^.Ck ** ` . .. ` j -----------------ji! . ..1i 1! . i ii J i __J -. -1 > -1 * * J : 00221 M-lS-fS (Rev .1/62) c ^oea-iion H .. .0- r...... ' . ESTIMATE Houston Flf.nt At?A K 8-\4-73-J J*=^>j363 ! j.VoJcU 1- MoujTQN pLA*tr H-777GI Prefect Title D 408^ 1(SOr*%CftXCg.________ Ruv<r nn Estimated Ey: DeEftrlatlon Lab Mat An PT - 3" So* ffpr fi Jti 1Mist (Wri "Gft4k.gJCL,----- . labor. ._ Matertr.* ! 60 j * :_____ IQ.. Total 1 "M a ^c: r a c , 6 re __ * . ' > 1 rAN P^ocAr Lt^c Pc-v ^ 13 A00 ! so 4rSO i* to r,V ^ *! *3. f.lOtr' \-/a M Ct/KS 30^"^ f ,*: !1 . * 11 - l '/>2,'\iVOV,-fi-1i (.<*(*!& ^ 1 - { !/2 " V 6-203 (4t-?` >7) ... !1 * ! i ^.. l" SeM 0o Ro * V*7- l wo41 Fww Rl ' ftH An Q'n tLC * /- I *V 1v? M i 50 * fterb 6+ 1 ___________ 0 O Dot! ^ 2 - t l;5 " Tff 3ch <?0 fe^_ CJeL'b * .<-- 1'^" .90 Etc - 1:^_________r* . ! * . 1 --1 -11 ' I _*___________ 4! ! 1(> i\ -* 1 i !1 i 1 ! fu. SV.m An : Ovi rr tOetD - *n cr l mScm $o P*P C 5r L_J" i*. 1< 30 ! ! ---------------J__------M----o--c-------B- -o--e--r--s---J.--C---aS--h-C-e---r-f-iMfe. I___ __ . &TC, ' r'l : * !. j i* Ho ! 00222 Ivi-ld-'-Z (Rev 1/62) < vocation O- estimate Houston Plant A<?A Moujton Pi/tNf Project Title D 408 tsoi^fttxc*g. lfiate 8-{ jProbiem !.*o. ~j 1-2*83 i (Project no. H-77761 &D6- 1727 Estimated By: Dofiorintion Mat Tabor Material ___Toini . A S ~<\Z Oram to Tie. ( : iM * fi - ' ' '____ 400 _ , IS 4-7iT * i :* #0 pr `lYtfiSS * -? 1" \/R-l/ fefi>7'9 7^ * '12- l*',>9o6 Eu. c l2l ..... I 1i * -l - iK'-J /r*T C lO : rT ^ *4- if 3000"*Cc*jPu*i6S * 1 t `, ^1 * iV 35ooA b*JOMl -Jl i f, i i C$0 /=t-` 1 ' S'ch 80 Pife PI r^Aitc r~itt_ 5*0 2^ 1 ii1 . 1 ' . i i I O fdATtZ PtPlsJCr ro sA 10 ft Class 20 -2* * 2- Z" VO-13 * 2- 2* \rG-24 tooi) ^ ^ 2 *` .T- r #, ji ^ *7- ^o^Ftt-no * if ' -------------- L___ 20 P T - 3 *\^r M /?o Mwc. `V ' y [Vr 16 3_ ' I- i .' .' .-I-'. 200 ; .v 4-0 . 20 20 34o 1 ( ------------------ j .! 'l ----------------- .!j1 i i i 1 ________ -H1 1 ------------------ 1(i ---------------~1 00223 00224 .iW-16-2 (Rev l/62) ' ^oTIMATE ; . . . . . * ITeustor. Plant H B * J? AffMfcuiTCN Project-Title D 408 i So^cftirg g. Pi lahv Dute 8- t^~7 Problem Ho, Project lio. "Ejcdc- m.i KjS'T Code * TATI0*j fl pea) Description Cove 7?o Estimated Ey: A/drs <5i**kt Lr.bl Mat Tabor ?-!vt?rrip.l ( $>*330'} 1 Ni r Rvj t*i m r/a r 1 ONI 300 IS- l Pug rwAS/;'.7> nr EyhyL . Total 3 IS*' f , .i 1 :* . A) Loop A`l3 '2 00 So ZSO . vi'R E.L-0C ayc Oi-t> F.ft-C 6,0 Lk 'ft AS ! .T-iJeMW 'ftfi 'Eb-2-5 3(Z 6 - z . t) i wi V^i 0 F c v *43 (3) Iwi^tL O AiF'ff *-'FE'-^3 - ^ Po *46 4 -M *tA is ( i_ 80 ?) 1 2PtfieX-0.8iLM_..BfiA* ! . ' '; . t ' - * t : <* s. ` Si r_______ - At pro* zo^r 5/8 y 0, ft r k>all- SS rx>oi^(r. * 2- V'VS-lfcf f-U ) &x ' '` 1 1 .i tfF PlPlHtr Make -Tie: m j . . AfftOt AOpt ,/4`' 51 I - .VVs-'a*' Al*. Foe !K(r /Sjftfi 2F *'! - 3/" \jg~z* ' 6wb 2.S~ ^f ` DaiL /^UZPAAsj IPoLi) ( ii 4(5> 9X /A tJd FiTT#s>6-j * '' - ...** ' `;* - iTVT] ' .* * (ContJ - 1 ; !-. i' ; ' * - . . i .- l 1 .! 4 9 '' i t 1 * -_I 1 ! *1 * * ; j i 00225 C--2 (P.cv l/62) , "C i ESTIMATE ',`n H Project Et*e Ecuctor. Plant A<5tA WfiuiTON 408 t S 2- ft pLAfstT .A / e-^-73. Problea Uo. 1-2283 Project i<o. H*?77<St % L Otr in'll Estimated By: Deterlotion Mat T/ibcr ? Pe-LoCAre C l- S'o t, Tn (~ ( V A * fcl -- ^ 13 , .. - . .( Mutt-rlta. 1 ?otVi I4T * rY Izrail Pecssvdt? G*t zs t o zs . r * pt.<H3A_D___ _________ - ' * PlU IS .$ ^(po -u 743) j* t # Pli<U35 - ! I 7 ' * Pll<UXP .* & T) . InSrALL Tn.Motoe 4t ll--- 'is- Ai-Jt> D/al Tuefi K\oncrcfiS zs . t.ii . *TI A'7 * Tl 4 1* f? 1 CP`0^67^ h r i 4i3'c ) . . * ,* * ii t . t1 .. : * * . .* . * . ' I $ ' . - ' . , 1 --------------- 1 !. i .. - - .. . * ...............................:rj ...._J r ; .i * ' `i ! ; i 1 ` 00226 `.HM-i6-2 (Rev 1/62) f ). . ESTIMATE location H 6-Z Eouston Plant Project Title J)<403 / GOrtX/Z/2. /% 1 Date Problem No. Projeclj No. 777 6/ t727 Estimated By: Code DeBcrintlon -.Lab Ma"t Labor ... ..Material ?42 #00 Pi//ec MA5/5 ^ /nSTALL l -7* <=iOO 500 equipment Po- 7-2 $?* f JMCLt/D/A/6 A PffteXiMKTe t9 k/~ St? Z E\P. CrtcJF Co L4Z r/ots Me rex SrAXTCftfe-St S*s '=4 2>50,^)uCo*J^^trs tftGtOj 6t il* 1500*-ftG Hits rutv coo V. C<. ft. 1500 -UtZ ' '* " * /-- PuiUrhurTcz/j C(?ovse-tl/i /o, \ (CAT. No. OA C- 3/33 3-'/ms^ls> Cieautc-fJtt /Oi Cat. No. YSS Misc. Fitt/*/cs. HaA/aen !lr TC, RciecAre *iir - Total 1400 *l * s - * * 00227 (Dev 1/62) *% * <v ; y71MATE Ec'j.*;ton Plr.nt Project Title Q ^ og |Soiv|gft|le* P-uve ') Probiea ::o.. 1-2283 f &UVG 1121 fp.//jt/"-i'Cr 'i9*.l 1 ooe" Code Deterintion 240 ' ?428i`> / foonCflT'MJW ? ^/'vw6- Lr*bl Mat 1 .' I/ibcr ?'*At:rr< /.* -! -;-i 11.00 ____ 3.00 ! I too ` /*JSr/*it O-^f.3 rouwMr/Of/ _ r' At S/T/./A/ Oa/ 1 7) - .2 5 9<a V^T~ 'fL l U*/V o- 1 r.') RciaK S & />- 01/f *> i r .L ^V.A 'CfiitC ('Ap/a on lOO P71 .i 1 {0 <>'c a\-a 7 > t> f At t fist /3 vta*' ,1 i . c') /-DtA'V'A^ 'f - W-- , <0..oglY.4...... :______________ :________ 1 1 **3 K*/g - /AQ/-T_______________ J___ - An<pi P>GirS~ G Ac fi Os 7 'V (> 7 __________ AvC,*roXJC> t*Jifie Man - , <?c orz R" Sc H*t O 6.ALV -Pin-i 20 ^O/ /t .. e7) roA-'f-A-:^ rp - W foVD O Bac^p/cl f *T/r- fc/ottir m 1t 1t 1 i j j * <oO \. ! ! ! i : 1 10 ! . ... ' 2 0 .1 3P ?<;o- : . J 1 * I 1 . -. 'j x* * ii i1 i.r 1 > - .1 i ;1 i * 00228 2 (p.ov 1/62) ! "jkra-!A.TE c oca clon H B*/? -TcJcctT'.-O. D Houston Plr.nt A <?&a_____ M 6 uiTQN 4o3 |S(,MS|lR. PiLAHT ') Pate -M-7v. Problem Do. l-226c* (Project Dc. j H-77761 r Btof O^7 / f-l/ktraf fA Code Code ^50 Description- ' ?-f 2 Si 0 PcAl F 0PM JiB C^au; b'A s Qn.Ale <T _/>~>talc Estimated ry: y . 0 A/ks iDablMat T-nbcr ! y-i~:rrtf i -. JSO'o 7oo 3 2:oo 1* * .J .* Pl /i 7 fofi /H AmD v//0 CRAmC i- t 1 Ji At gtt'lSVJO ! K)C L v h )*J61 - *t__________________ !____ :___ ^ Pvfr iVfiie t. p-v 7.YL I l ISiercf: Ji G Cp/s/i" (V . 4' To Or -*9<?co/3 C^(>^3) * i ! j. ! i i ii Y c ^ i'J'.tP Soil. P/s^nA >k 'Moist (< i {t>(c <oS\ * WaT.ZL. hAL-lO-14 9 (V* T 41 . 1i l A Pt<i.tx <3 S"0O op'M\st. Xt E v>c t v ft A i t t l i * PE-S j 1 1j ______________ !____ ^oc> i i .: ? RotrSj Mile M&t'l. Pufic h Aid) r>r f Af.Tofp . *. * .I 11 j ' i i j_____ 1_______ :_______ / I I it I i ! _____ _L L i 1 i 1 i 1 i 00229 .IK-26-2 (?.ev 1/62) . V....................... . ' -..ESTIMATE ... -N ) - ( OCtiwiOG 1H Project'Title JTcyctcn Flr.nt A<3a MeoitcN --^ * Plaht Q |SoMft|ZcR. Rule n Problem I/O.- ~~ I-22B3 Project lie. __________ JL7776I * r3>LD<r 17^7 t. 1 KlSULATlOM Code / OF 1 Description CoT>(i7^0 9428/1 t 1 msu^atiom ImsOlarr Fofc 'Pefi.S'o^tMci- sti.-astea ry: s * A/*rt ' . Lr.b 1 Mai I/ibcr >.:. 1___ Tot* 1 - IOO 1 06 j CJ Pp 07 CCT IOM A CC/O&D/AJtf' ro ^07" / >OX (/./I T 1 0/>/' P C{P tc fLTio* 1- l S P 60-3 1 " fHitKT u; irtt .J . MT/L- d*\JcAt+jr- A1^. PlPlKfi - J 1 C c v- fi\>M Til: / m ! to g- 4 <3 \______ ___________1____*___ A PM OK ; 9 FT- 3 U ____ A rites____ 17- FJ ... - ` M|4C M7'l * i r J . 1 1 I11 t 1 . }i s~c>. ! 3Q 1 _________ J_____26 - i <i .. . ... - 9% . 1 . - > *' .. - .- i . f . . j. t . ' 1 1 ii - 00230 1M-16-2 (p.ev 1/62) '/ " '' ' . ` _ ' ./ESTIMATE ` . V .J * :] location H frcjectnue, Houston Plant Al?A H6U4TCN D ^oe tscMft)ie(i (-* rLAHV 15016 g- iHl Problem No. `~-- I-22&9 Project No. __________Ltb77?CI ; BcD (r 1727 Pahjt^Ct Code \ot\ Description Estimated Ey: CoX>e2lO Lst Xat Labor . -Material 1___ Total ?4a5i2 i Pa vj r i *u 6- _____ !---------------------- :-- PaihT AU Pif>lJ6- J VfiSStL. - ' 400 3oo . ... 70o ./ * * AnjTI StAoCtuU At Srfcl_ . AS SP^Cifiiern /*j H rS-2 1 i '{ c Pa Pecs 1 i `1 .. , '- ' ' ' 4 f 5* * . . .... . ;' - ' ' _ .. _ . .* .* i - , i ` 1 i 1 ij1 i i i i ,* * * *. .. * . Y ` . - ; - ; ` 1 . ... ;/ J ' . ' : . 1i. __ ~J' ... ...- . *' l -_ ' ` ` .i - -ii i *J . ! # i 00231 CONTRACTUAL AGREEMENT OWNER : ETHYL CORPORATION CONTRACTOR : BROWN & ROOT, INC. UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF HARRIS * * ****** **********'**.*** ******* THIS AGREEMENT, made this rt'day of $ ~~ , 1971, by Gnd between ETHYL CORPORATION, a Virginia corporation, herein represented by G. S. Roberts, its Chief Engineer, duly authorized, (hereinafter called "OWNER"), and BROWN & ROOT, INC., a Texas corporation, herein represented by L. J. Derrick, its Senior Vice-President, duly authorized, (hereinafter called "CONTRACTOR")'. WITNESSETH: WHEREAS, OWNER, from time to time, may elect to have CONTRACTOR perform construction work at OWNER'S plant site located in Pasadena, Texas, and WHEREAS, CONTRACTOR is willing to perform such construction work as OWNER may designate and as CONTRACTOR agrees to perform, and WHEREAS, OWNER and CONTRACTOR have agreed upon the terms and conditions upon which construction work hereafter agreed upon shall be performed, NOW, THEREFORE, OWNER and CONTRACTOR for the consideration hereinafter contained, and upon the terms and conditions herein expressed, do bind and obligate themselves as follows: 00232 ARTICLE 1. CONTRACT DOCUMENTS . The Contract Documents consist of this AGREEMENT, together with OWNER'S General Conditions for Cost Plus Construction Contracts, Rev. 1, dated December 5, 1969; OWNER'S Standard Project Accounts; all drawings and/or sketches defining the Work; all specifications for the Work; Completions Schedules; and each fully signed Fee Accepionce Transmittal Form containing-OWNER'S statement outlining the Scope of the Work along with OWNER'S schedule, OWNER'S estimate of the Cost of the Work, and the Fee due CONTRACTOR as computed by OWNER; OWNER'S List of Rental Equipment, Small Tools and Consumable Supplies, Exhibit "A", Rev. 1, dated November 13, 1970; any applicable Special Conditions; current Salary and Wage Rates, Exhibit "B", dated April 4, B71; Hourly Charge Rates for Home Office Personnel Exhibit "C", dated ^ iQ71 ; for serv?ce os described in paragraph A.-1(h) of Article 6 of this AGREEMENT; Rental Rates for CONTRACTOR Owned Construction Equipment, doted August 26, 1971 ; and any other documents whether attached or incorporated by reference in the aforementioned documents or in associated drawings, specifications, etc., which directly or indirectly a'fect the performance, schedule, qualify or cost of rhe Work. This AGREEMENT is a superior document to all other documents, and is con trolling in case of conflict. ARTICLE 2. WORK SCOPE AND TRANSMITTAL When OWNER elects to have CONTRACTOR perform any construction work hereunder, OWNER shall prepare a statement outlining the Scope of the Work along with -2- 00233 a Completion Schedule, OWNER'S estimate of the Cost of the Work, the Fee, as computed by OWNER, to become due CONTRACTOR for the faithful performance of the Work, and a designation of which process or process - auxiliary equipment and materials ere to be provided by OWNER and which are to be provided by CONTRACTOR. OWNER shall submit this information by Transmittal Form in duplicate, together with pertinent drawings or sketches and specifications to CONTRACTOR, with a statement that all of the general previsions of this AGREEMENT are applicable to the Work offered. Upon the acceptance of assigned work in accordance with Article 3 of this AGREEMENT, CONTRACTOR shall furnish all necessary labor,.supervision, facilities, construction equipment and tools; purchase only such equipment and materials as specified by OWNER; furnish inspection and expediting services when requested; and construct end erect any facilities described in each Fee Acceptance Transmittal submitted by OWNER outlining the Scope of the Work, Completion Schedule and Fee referred to in paragraph 1 of this Article 2. CONTRACTOR shall perform all of the Wore described in OWNER'S drawings and specifications in a good and workmanlike manne*, to the satisfaction of OWNER. All materials required for the job and furnished by CONTRACTOR shall meet OWNER'S specifications, unless an agreement to depart therefrom is approved in writing by OWNER, and CONTRACTOR shall do everything required by this AGREEMENT and the abovementioned drawings and specifications, including all implicit and accessory work, whether or not it is expressly stated, to construct these facilities at OWNER'S Houston manufact uring plant located In Pasadena, Texas. 3- 00234 ARTICLE 3. ACCEPTANCE BY CONTRACTOR CONTRACTOR shall indicate acceptance, or rejection, of the Fee and Com pletion Schedule of the Work in accordance v/ith OWNER'S Transmittal and the applica bility to the provisions of this AGREEMENT, by signing and returning one copy of the Transmittal Form to OWNER within three (3) days. In the event that CONTRACTOR rejects the terms of the Transmittal, the returned copy of the Transmittal Form shall be signed, but shall contain a statement outlining the basis for the rejection. OWNER will review the rejection basis and, if in agreement, will adjust the Fee and/or Completion Schedule. ARTICLE 4. COMMENCEMENT OF THE WORK A. Upon acceptance by CONTRACTOR of any work in accordance with Article 3 of this AGREEMENT, CONTRACTOR shall immediately make the necessary arrangements, assign the required labor ond supervision, initiate the procurement of authorized equipment ond/or materials, etc., and shall commence and diligently 1 continue the Work to be performed under this AGREEMENT. B. Should CONTRACTOR reject the terms of the Transmittal form in.accordance with Article 3 of this AGREEMENT, CONTRACTOR agrees, at OWNER'S option, to commence and diligently continue the Work covered by said Transmittal form, without stoppage or delay pending the settlement of the Fee or Completion Schedule questioned by CONTRACTOR. -4- 00235 ARTICLE 5. SCHEDULE AND TIME OF COMPLETION The Work to be performed under this- AGREEMENT, having been commenced per Article 4, above, shall be continued to completion and acceptance in accordance with the approved Completion Schedule. Sold schedule will normally be submitted by OWNER to CONTRACTOR with the Fee Acceptance Transmittal Form, the specifications, and OWNER'S Cost Estimate described in Article 2 and referred to in Articles 3 and 4 of this AGREEMENT. In the event OWNER elects not to furnish a Completion Schedule, CONTRACTOR shall develop such a schedule for OWNER'S approval. In either case, CONTRACTOR agrees to update Completion Schedules periodically, as required under Article 30, and other pertinent articles, of OWNER'S "General Conditions for Cost Plus Contracts", Rev. 1, dated December 5, 1969. CONTRACTOR agrees -to exert its best efforts at all times to schedule the Work to accommodate deviations in delivery dates of equipment and materials, and/or delays caused by delayed issue of certain construction drawings, or by revisions to construction drawings or specifications, and to otherwise minimize the effects of all such revisions on the completion date. OWNER agrees to exert its best efforts at al* times to expedite the issuance of drawings and/or S|jecifications if same are either not available at the time of the time of the Fee Acceptance Transmittal Form or must be revised for reissue, and to otherwise attempt to schedule and expedite its engineering and procurement so as to minimize deviations from the Completion Schedule. ARTICLE 6. REIMBURSABLE COSTS OWNER will reimburse CONTRACTOR for the following costs if properly supported by CONTRACTOR and approved by OWNER: -5- 00236 Direct Cosh 1. Wages and Salaries: (a) Actual expenditures for wages and salaries paid to employees of CONTRACTOR engaged in the performance of the Work, including field labor, field foremen, field superintendents and necessary field office forces, but excluding employees of CONTRACTOR'S Home Office. Rates of pay for field labor for which OWNER will reim burse CONTRACTOR shall be in accordance with Exhibit "B", entitled, "Current Salories ond Wage Rates", and dated April 4, 1971 . From time to time, as rate changes necessitate. Exhibit "B" shall be updated. Each updated issue shall bear the appropriate revision number 'and date, and shall require OWNER'S approval prior to being implemented. The.number, and the individual rates of pay, of field foremen, field superintendents and necessary field office forces shall be subject to OWNER'S prior approval. (b) Actual expenditures for Home Office personnel to perform such work as accounting, purchasing, preparation- of payrolls, etc'. Although these functions are normally performed by field office personnel, OWNER shall have the option to request that this work be done at CONTRACTOR'S Home Office. Reimbursement of cosh resulting from this option shall be based on the current Hourly Charging Rates for Home Office Personnel, Exhibit "C", dated April 4, 1971 These rates are to include all applicable taxes and benefih. From time to time, as rate changes necessitate. Exhibit "C" shall be updated. Each updated issue shall 00237 \; bear the appropriate revision number and date and shall require OWNER'S approval prior to implementation. Estimates-of daily or weekly time requirements for the services shall also be prepared for OWNER'S prior opproval. 2. Equipment, Materials and Supplies:Actual expenditures for equipment, materials, and supplies necessary to complete the project, which were previously authorized by OWNER in writing for purchose by CONTRACTOR. All sales, use, or other excise taxes (not including penalties, interest or other delinquency charges) on such costs shall be reimbursed by OWNER at CONTRACTOR'S cost. OWNER shall enjoy all discount benefits on equipment and materials purchased by CONTRACTOR, and CONTRACTOR shul!'attempt iu obtain the best benefits available,on OWNER'S behalf. OWNER agrees to accept and pay CON TRACTOR'S invoices for purchased equipment and material items on a weekly basis. 3. Subcontracts: , Actual expenditures for work, services, materials, supplies and/or supervision etc. subcontracted to third parties in accordance with prior written approvals) of OWNER. Indirect Costs 1. Payroll Expenses and Insurance: All statuatory payroll taxes and insurance, vacation poy, employers con tribution to Retirement and Savings plan and Hospital and Life Insurance plan. 7- - 00238 sick pay and court duty are to be reimbursable at cost, supported by copies of pertinent payrolls and other evidence acceptable to OWNER. . Construction Equipment and Tool Rental: Rental charges for CONTRACTOR'S construction equipment and construction tools having an individual value in excess of $200 (listed as rental Equip ment in Exhibit "A", Rev. 1, doted November 13, 1970) shall be reim bursed at Eighty Percent (80%) of the rates and in accordance with the terms provided in the current manual of the Associated Equipment Dealers. Rental charges for CONTRACTOR'S non - A.E.D. construction equipment and tools having individual values In excess of $200 shall be at rates submitted by CONTRACTOR, Exhibit "D" attached, and approved by OWNER. CONIRACTGR snail submit quotations for OWNER'S approval for any special equipment not included in Exhibit "D". Exhibit "D" shall be updated periodically and the rates shown on the latest revision approved by OWNER prior to assignment of any Individual piece of equipment to the Work shall opply. Equipment rented from others shall be lelmbursed at invoiced cost. Accept ance of all such equipment shall be subject to OWNER'S approval of price and terms of payment as well as physical condition of the equipment. CONTRACTOR'S expenditures for fuel, oil, grease, minor maintenance, and repair parts for construction equipment and tools having a unit value in excess of $200 per fool shall be reimbursed at actual cost. OWNER will reimburse CONTRACTOR for transportation cost in moving such equipment to and from CONTRACTOR'S Home Office. However, CON- 8- - 00239  V) ) TRACTOR wili not be reimbursed For transporting equipment scheduled to be moved directly to another of CONTRACTOR'S jobs. No reimbursement wili be made for major repairs or major replacements. Rental costs will be reimbursed to the extent incurred during minor repairs but only if CON TRACTOR is licble to a third party lessor for rental charges. No rental costs will be reimbursed on CONTRACTOR furnished equipment during major or minor repairs. OWNER, at its option, reserves the right to compare CONTRACTOR'S rates for construction equipment and tools with quotations from local equipment and tools suppliers at any time of commitment. 3. Smcrll Tools and Consumables: CONTRACTOR agrees to provide the required small tools (as defined in Exhibit "A", Rev. T, dated November 13, 1970), and shall charge O/ZNER for providing these tools at a rate of two percent (2.0%) of the cost cf direct field labor as delineated in OWNER'S Standard Project Accounts. CONTRACTOR shall be reimbursed for the cost of consumables (as defined in. Exhibit "A", Rev. 1, dated November 13,- 1970) at invoiced costs. 4. Temporary Construction Facilities and Miscellaneous Items: OWNER will reimburse CONTRACTOR for actual cost of all approved temporary buildings and storage expenses; approved temporary utility connections and other approved temporary construction. OWNER will also reimburse CONTRACTOR for field office supplies and postage, freight charges, expressage, demurrage, trucking and truck hire, telephone and telegraph expense 9- - 00240 incurred by CONTRACTOR'S fieid office when appropriately supported as applicable to an included project, and all other job costs and uninsured losses, (excluding losses on rental .equipment), but excluding all items which are included in the CONTRACTOR'S Fixed Fee. 5. Home Office Expense: Payroll costs for special personnel in CONTRACTOR'S Home Office for actual time employed in connection with the project, shall be reimbursed in ac cordance v/ith paragraph A-1(b) of this Article 6. With OWNER'S prior approval, certain'travel expenses of CONTRACTOR'S Home Office employees, as well as certain travel expenses and salaries of inspectors and expeditors (other than for costs designated "not reimbursable" in Article 7) when properly supported by CONTRACTOR to the satisfaction of OWNER. 6. Insurance: Premiums for insurance on construction equipment (with deductibles up to One Thousand Dollars ($1,000) per occurrence for CONTRACTOR'S account) and premiums for all other insurance required by OWNER in .Article 21 of the General Conditions, Rev. 1, dated December 5, 1969. C. Emergency Expenditures Where emergency expenditures are required for furtherance or protection of the Work and emergency conditions exist which preclude obtaining OWNER'S prior, approval, CONTRACTOR will advise OWNER of the circumstances and will request OWNER'S approval as soon as possible following the commitment. Resulting costs are to be itemized and reported in the pertinent direct and indirect accounts. 00241 ARTICLE 7. COSTS NOT TO BE REIMBURSED Costs for the following items are among those not to be reimbursed and are con sidered to be fully compensated for by the Fixed Fee paid to CONTRACTOR: services of the corporate officers and the construction management, administrative services carried on at CONTRACTOR'S Home Office, preparation of Home Office payrolls and payroll burden; Home Office overhead, general and supervisory services and expenses; employer's Home Office portion of life and hospitalization insurance, vacation pay, retirement and savings benefits, sick pay and court duty compensation for qualified Home Office person nel; profit for any material or equipment purchase or services; income taxes; or Interest on money employed for the Work. - ARTICLE 8. CHANGES IN THE WORK OWNER may from time to time, by written instructions or drawings issued to CONTRACTOR, require additions to, or deletions fiom the Work. The cost of all such changes is to merge into the cost of the Work and costs shall be reimbursed under the same terms as the other work being done under this AGREEMENT. OWNER'S right to make these changes shall extend to major or minor changes without differentiation. ARTICLE 9. THE CONTRACT FIXED FEE OWNER shall pay CONTRACTOR, in addition to the reimbursable costs listed in Article 6 of this AGREEMENT, as full and complete compensation for CONTRACTOR'S faithful performance of this contract, a Fixed Fee, representing CONTRACTOR'S over head and profit, determined by the sum of the following items as set forth in the state ment contained in eoch Fee Acceptance Transmittal Form giving OWNER'S estimate of the Cost of the Work (see paragraph 1 of Article 2 of this AGREEMENT): 00242 0) Six percent (6%) of OWNER'S estimated cost of wages and salaries, figured on a straight time basis (40 hours/week), (excluding payroll taxes and employer paid benefits) for all hours worked, as approved by OWNER, including field labor, field foremen, field superintendents and necessary field office forces, at rates established in Exhibit "B", entitled, "Current Salaries and Wage Rates". (2) Six percent (6%) of OWNER'S estimated cost of the premium portion of wages and salaries, for overtime hours to be worked in excess of 40 hours/week up to 45 hours/week (excluding payroll taxes and employer paid .benefits). No fee' shall be paid on the premium portion of any wages or salaries paid for hours in excess of 45 hours/week. (o) Six percent (6%) of OWNER'S estimated cost of equipment, materia Is and sjpplies designated by OWNER for purchase by CONTRACTOR. (4) Six percent (6%) of OWNER'S estimated cost of approved subcontracts. (5) Six percen: (6%) of OWNER'S estimated cost of any of CONTRACTOR'S Home Office personnel used for accounting, purchasing, payrolls, etc., should this option be requested by OWNER, at rates established In the rate schedule (Exhibit "C") in accordance with paragraph A-l(b) of Article 6 of this AGREEMENT. The amount of the Fixed Fee shall remain unchanged notwithstanding the fact that the final completed cost of the Work including costs of labor, of equipment and/or materials and supplies authorized for purchase by CONTRACTOR, and of approved sub contracts, may vary from the amounts set out in OWNER'S estimaie(s) at the time the -12- 00243 .Fee Acceptance Transmi''-|l was occepted by CONTRACTOR ^ , The Fixed Fee is subject to plus or minus adjustment, if OWNER so agrees after reviewing a Fee Acceptance Transmittal which CONTRACTOR signed, but rejected the applicable terms, in accordance with paragraph B of Article 4 of this AGREEMENT. In such case OWNER will transmit a new Fee Acceptance Transmittal Form covering the adjustment only, with appropriate reference and statement to relate the new transmittal to the previous transmittal containing CONTRACTOR'S statement which rejected the terms. The Fixed Fee is also subject to adjustment for additions and deletions as provided in Article 8 of this AGREEMENT by an amount equal to 6 percent (6%) of the estimated net increase or decrease beyond ten percent (10%) of the OWNER'S estimated cost of the basic scope of eacn project or job transmitted. ARTICLE 10. TERMS OF PAYMENT OWNER agrees to make payments to CONTRACTOR for work performed in accordance with this AGREEMENT as follows: A. Subject to the provisions of paragraph A-l(b) of Article 6 of this AGREEMENT, during the time CONTRACTOR is engaged in any or all of the Work for OWNER In accordance with this AGREEMENT, CONTRACTOR will submit separate bi-weekly invoices covering CONTRACTOR'S expenditures, as accrued during the prior bi-weekly period, for each project or job being performed hereunder. Such invoices shall show CONTRACTOR'S actual expenditures for: 1. Labor 2. Materials and supplies purchased by CONTRACTOR 3. Subcontracted work, separately itemized for each subcontract A. Texes based upon wages or salaries -13- 00244 5. Employee'benefit plans 6. Applicable insurance premiums 7. Small tools at 2% of direct field labor (item 1 above ex. premium portion) 8. Rent due on CONtRACTOR owned equipment 9. Rent due on third-party construction equipment 10. Sales taxes 11 . Freight 12. Other itemized indirect items Each invoice shall also indicate the proportionate amount of the Fixed Fee deter mined by multiplying ninety percent (90%) of the ratio of CONTRACTOR'S accrued actual expenditures for wages and sclaries paid to its employees in the performance of the Work (parograph A-l(a) of Article 6 of this AGREEMENT) during the period covered by the in voice to the total estimated labor cost as set out in OWNER'S Estimate of the Cost of the Work, by the total amount of the Fixed Fee as set out in the Fee Acceptance Transmittals which CONTRACTOR has approved and which ore applicable to the Work being invoiced. In no case shall the invoiced fee exceed ninety percent (90%) of the established Fixed Fee until the ten percent (10%) retainoge is due. Promptly/ but in no event longer than ten (10) days after receipt of each in voice/ OWNER agrees to pay CONTRACTOR the amount due thereon. All invoices prepared by CONTRACTOR and submitted to OWNER for payment shall be subject to audit and review by OWNER. Each reimbursable item in cluded in said invoices shall be separately listed and supported by suitable evidence of computation and payment. CONTRACTOR shall keep separate occurate records and books of each project or job according to OWNER'S Standard Code of Accounts showing the actual cost of all reimbursable expenditures in accordance with Article 6 of this AGREEMENT. OV/NER or its duly authorized -14- 00245 representative shall have access at all reasonable times to all books, records, correspondence, instruction, receipts, vouchers and documents of any description pertaining to the Work being performed under this AGREEMENT, for auditing purposes. CONTRACTOR shall preserve all such records for a period of one (1) year after the completion of each project or job performed under this AGREE MENT. ` Upon completion of the Work Scope transmitted hereunder for any defined pro ject or job and for which all costs have been invoiced, OWNER will make arrangements and will inspect the Work for completeness and adherence to specification. Thirty (30) days after OWNER'S acceptance of said Scope of Work, OWNER shall py the remaining ten percent (10%) of the Fixed Fee due CONTRACTOR for said project or job. ARTICLE 11. CONFIDENTIALITY AND NON-USE CONTRACTOR agrees to exercise, reasonable care to the end that all infomation and know-how, including that embodied in existing types of plant facilities, or in drawings, tracings, and/or any other documents mode available or otherwise acquired in connection with the construction and/or constructing of the Work in accordance with this AGREEMENT, will be maintained by CONTRACTOR, its employees, suppliers, and subcontractors in strict confidence and will not be disclosed to any third party. In order to further protect OWNER against the unauthorized use of information and "know-how" developed or acquired from OWNER hereunder, which in formation and "know-how" personnel of CONTRACTOR must of necessity -15- 00246 acquire in order to engage in the Work authorized, CONTRACTOR agrees that it will not, except with the written consent of OWNER, design and/or construct either in whole or in part for CONTRACTOR or for others, manu facturing facilities based upon process or information supplied to CONTRACTOR by OWNER, or based upon information developed by CONTRACTOR for OWNER hereunder. The foregoing obligations of confidentiality and non-use shall not apply to information or know-how which was known to CONTRACTOR prior to dis closure by OWNER, to information or know-how which is or becomes generally available to the public through no fault of CONTRACTOR' or any employee or subcontractor thereof, or to information or know-how which is acquired by CONTRACTOR from a source independent of OWNER without restriction on disclosure. All inventons and discoveries made or conceived by personnel of CONTRACTOR while engcged in the performance of Work authorized hereunder and resulting directly or indirectly from information and know-how acquired from OWNER shall be the sole and absolute property of OWNER and shall be assigned by CONTRACTOR to the OWNER. CONTRACTOR further agrees to use reasonable care in'selection and assignment of personnel to perform the Work in accordance with this AGREEMENT and to take proper precautions to avoid the unauthorized dissemination of any of the informa tion and know-how CONTRACTOR is obligated to maintain in confidence here under. -16- 00247 u) F. CONTRACTOR also agrees to return" within ten (10) days after any request l by OWNER, any drawings, tracings and other documents made available by OWNER, including any copies or written modifications thereof made by CONTRACTOR, its personnel, or its suppliers and subcontractors. CON TRACTOR further agrees to confirm, by letter, the return of all requested' information by him to OWNER. The letter shall list the specific items of information or know-how and shall state that such return is complete, includ ing all copies received or made by him, his employees, suppliers, and sub contractors . G. At OWNER'S option, CONTRACTOR'S supervisory and technical personnel and subcontractors having access to OWNER'S flow diagrams shall sign separate Confidentiality and Non-Use Agreements wiili CONTRACTOR and OWNER; CONTRACTOR'S other supervisory and technical personnel shall sign Confidentiality and Non-Use Agreements with CONTRACTOR. OWNER reserves, the right to approve all such Agreements as to.form and content prior to their execution. ARTICLE 12. OWNER'S RIGHTS RE CONSTRUCTION EQUIPMENT & TOOLS A. OWNER may, at its option and at no cost or charge to CONTRACTOR supply to CONTRACTOR equipment and tools required by CONTRACTOR for the per formance of the Work authorized hereunder. Such equipment and tools shall be maintained by CONTRACTOR. The cost for such maintenance will be reimbursed under paragraphs B-2 and B-3 of Article 6' of this AGREEMENT as part of the Cost of Work. All equipment and tools so furnished to CONTRACTOR shall be returned to OWNER, at the Completion of the Work, in as good condition as -17- 00248 received/ normal wear and tear excepted. Title to all equipment and tools so furnished CONTRACTOR shall at all times remain with OWNER; CONTRACTOR ogrees ibat equipment and tools so provided will not be used for work other than that authorized hereunder. B. OWNER also reserves the right to solicit, or have CONTRACTOR solicit, quotations from local suppliers of construction equipment and tools at any time of need and to hove such equipment used in lieu of CONTRACTOR'S equipment in the performance of any portion of the Work hereunder. ARTICLE 13. TITLE TO WORK, MATERIALS AND EQUIPMENT All mafenc Is and equipment furnished by CONTRACTOR for incorporation in the plant shall become the property of OWNER upon delivery to the plant site. Upon -com pletion of the Work, CONTRACTOR shall use his best efforts to dispose of all remaining surplus, with OWNER'S approval, crediting the net proceeds thereof against the cost of the Work. Any surplus remaining thereafter, but purchased by or for OWNER, shall remain the property of OWNER. The title to all building and other facilities erected or purchased specifically for this job shall be vested in the OWNER. ARTICLE 14: ERRORS AND OMISSIONS IN THE WORK OWNER will bear the costs of errors and omissions in the Work caused by in complete or contradictory instructions and specifications given and/or prepared by OWNER, or on which CONTRACTOR acts upon in good faith. In all cases where CON TRACTOR'S Project Manager, Assistant Project Manager (if assigned). Project Engineer, or Construction Superintendent are guilty of bad faith, or personally fail to exercise -18- 00249 . reasonable care in the execution of the Work, the correction, replacement, and other remedies necessary to correct the faulty or incomplete work shall' be at CONTRACTOR'S expense. ARTICLE 15. MATERIAL AND EQUIPMENT WARRANTIES A. CONTRACTOR guarantees that the Work shall be performed in a skillful and workmanlike manner, free from defects and in accordance with the specifications, exhibits, drawings, and plans. B`. CONTRACTOR does not guarantee or warrant the materials in, or wcrkmonship of, machinery, equipment or materials manufactured- by third parties and furnished or Installed by CONTRACTOR in tie performance of the Work, but CONTP.ACTOR shall obtain from cl! vendors and suppliers, and assign Jo OWNER, the best warranties and guarantees obtainable with respect thereto, and shall render reasonable assistance to OWNER when requested in order to enforce such warranties and guarantees by the third party manufacturers 01 suppliers. C. CONTRACTOR'S liability for any breach of this Article 15 shall be limited to remedying, as a reimbursable cost, those defects covered in paragraph A of this Article 15 (A) which appear no later than one (1) year after acceptance of the Work, and of which defects CONTRACTOR is notified in writing by OWNER during said period. -19- 00250 o ARTICLE 16, ENTIRETY OF AGREEMENT This AGREEMENTshall supersede and cancel ail previous agreements, whether ora! or written, between the parties hereto, in connection with the subject matter of this AGREEMENT; IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in multiple originals the day and year first above written. Witnessed 2* b^ Witnessed ETHYL CORPORATION By, G. S. Roberts, Chief Engineer Date: /3 & /7/_______ __ BROWN & ROOT, INC. -20- 00251 u) GENERAL CONDITIONS FOR Cost Plus CONSTRUCTION CONTRACTS ETHYL CORPORATION CENTRAL ENGINEERING OFFICES 451 FLORIDA STREET BATON ROUGE, LOUISIANA 70801 Prepored By: R. L. Roborn Revision "1" December 5, 1969 00252 Article 1 2 3 f>5 6 7 .8 TO n 12 13 I 1*04 ;\N 5 16 >17 r1>i190 ' 20 j`i>21 22 O23 24 25 26 27 28 29 30 31 ,, 32 34 P>3365 1 * 37 38 39 4Q '> [N<3 44 47 0f>>48 49 50 ST 52 53 54 55 / TABLE Of CONTENTS for "Cost Plus" General Conditions Description Poge Definitions .................................................................... .............................................. > 1 Execution, Correlotion#and Intent of the Documents (< . Confidential Treatment *.* Drowings ...................... .............. Permits, Reguloriom ond Recordings ...................................................................... ^ I 2 2 Taxes ................................................................................................................................... Scope of the Wort ......................................................................................................... Commencing the Work Work Performance ................................................................ ...................................... .. Reimbursable Costs Nonreimbursable Costs Fees .................................*....................*............*--*............. ....................................... 2 2 2 2 2 2 3 Chonges in the Work ............................................................................... .. 3 Cloiim for Extra Fees ond Extra Indirect Costs ....................... ................................ 3 Correction of Work ond Guarantee .......................................................................... 3 Owner's Right to Do Wort ................. ................................ 3 Owner's Right to Terminate the Contract................................................................ 4 Contractor's Right to Terminote the Contract4 Terms of Peyrrwnt ........................... .............................. 4 Poyments Withheld ................. ....................... .............................. 5 Insurance Requiiementj ................................................................................. . 5 Performance Bond .................................... .. 6 Force Mofeure ................................................................... ................................ .............. 6 Use of Premises, Safety, end Plant Regutotions ........................................................ 6 Examination of Site .......................... .. ........................ 6 Owner's Right of Access ond Occuponcy ........................... . ..... Arbitration ............................................................. 6 Assignment ......... . ...................................... 7 Pre-Job Meeting . . ..... ........................................................ 7 Schedules ............................. 7 Contractor's Employees .................................. . .............. 7 Offices, Warehouse & Shops .................................. . ......... 7 Moteriols, Tools, Equipment, Facilities, Applionces, ond Workmanship ...... 7 Surveys .................................................................... 8 Connections to Existing Facilities ........................... .......... .. 8 Protection of Work and Property ......................................... 8 Temporary Utilities ................................................................ .............................. .. 8 Inspection ......................................... 9 Supervision ............................ 9 Removal of Equipment ............................... ... 9 Liens ................................... Mutual Responsibility of Contractors ....................... 9 9 Subcontracts ........................................... 9 Completion of the Work ....... . ........................................ 10 Cleen-Up ...................................................... IQ Cost Breakdown ........................................................ 10 Start-Up ................................................ 10 Contractor's liability ................................................. . 10 Succession of liabilities . 10 Independent Contractor Status ond One of Trust .................................... ............. . ]g Contractor Records ................. .. |q Woges end Hours .................................................... . . 10 Mon-Waiver of Rights ........... ....................................................................... . ... . || Potenh, Inventions, ond Innovations 11 Title to Work, Materials, ond Equipment ................................. || L 00253 . . 't 1. .i J \. DEFINITIONS c. Alterations consist of cdditicrn, deletions or modificotioru to the contract Document! ofrei the contract h signed. b. Bid Foim refers o the document on which Contractor he: submitted his totel kid price ond complete unit price schedule when re quired, ond includes other provisions pertinent to the bid. e. Bid Pcchpge - o oeneiol term thoi refen tc ell the docvmenti cnc ether inlormction ond moteriols transmitted or ovoiloble to the Contioctor by which he determines the work ond submits his bid on the job. d. Construction Coordirytor os uted herein sholl refer to Owner's Construction Coordinotor. e. Controctor es employed herein refers to the contioctor hnvinc c direct conlroct with Owner for furnishing the supervision, tobor, tools, supplies, and scrvlcei, equipment, and that portion of mc*eral required by the Controcturol Agreement to be furnished by Contractor for the comtiwetion of the Work. f. Contractual Agreement is the instrument which reduces to writing the reciprocd obligations of the poriies o the controct, ond will ^ the tvgcl instrument upon which either parry erm rely for enforcement ond specific performance, domogej, penalties, or other remedies. 0. Documents consist f the Cuntroctuol Agreement, th-jc General Conditions, SpecificotJom, Drawings, including all modificetions thereto, ond ony ether writings, photographs, mops, etc., which ore referred to os being c part of the scope of the contracted obligation os well os oil additional ce foils covered in "S'lonoords" or "Other" drawings ond/or specifications incorporated by reference in oay of the documents. h. Field Chenget consist of the physical execution of Alteration* by Contractor. They must be euthorized by the Construction Cooidinoot via i relo Chonge Order prior to commencing ony field work. 1. Field Chonoe inquiry refers to die document used to roquet* Contractor's price ond schedule for a proposed Field Change. {. Field Chonoe 0der refers to the document which authorizes Contractor to proceed with o field Chonge. k. lowcf the state of tlin plocr of construction cf the Work shell govern ti*t Interpretation of the Contractual Agreement between C>wner ond Contractor. l. Owner os employed herein shod be the Ethyl Corporation, or its designee. m. S:eciot Condition* refer <o ell remolning terms ond conditions rectuory to complement these General Conditions ond thereby fully define me Contractual Agreement between Owner end Controctor. It shall rncludo ony ond ell terms ond conditions, whether by operation ef lew or cer.vtr.tionol ogrermenl, which era necessory to express the intent of the porties in cofrying out the Contractual Mgraement end shell not be limited in scope to ony particular section of o bid package bearing the heoding "Special Conditions*1. n. Subcontractor os employee herein includes only those heving direct contracts with Contractor to furnish supervision, lobor, moteriolv O' specialised services for o speciol design, or to construct c portion of the Wotk. o. The Wotk includes the furnishing of oil supervision, labor, meterrols, tools, equipment, construction or ony other services o foclit*et required e fulfill the ccniroct in ccccroonce with the Contrectuol Agreement. p. Written Nclltt is o notice, in writing, delivered tn person to, or if by registered moil, received by o member of the firm, officer ot trie Corporation. ot de*gnc*ed individual of the concern for whom intended, ot the established business oddreis of said firm. Cor poration, or concern. 2. rxfCUTlQN. CORRELATION, AN'P INTENT OF DOCUMENTS o. The Contractual Agreement shell be o reduction to writing of the obligations controcted by the perlies, and shall be signed in triplicate by Owner end Contractor. The Drawings, Spccificiertiom, ond General end Specie) Conditions, ond oil other controct Documents shell be identified with the Agmement. The controct Documents ere complt mentor/ ond whgt is colled for in one sholl be hindinga; if colled for by clt. 7h* infant of the Documents is to include oil supervision, labor ond moteriols, equipment ond frun^iQftolion deemed necessary for He pursuit ond completicm of the Wok, Clarifying details may be furnished from time to timo by Owner. Such sholl bo deemed port of the original controct Documents so fc os they lie within the scope of the intent nf the Contractual Agreement, Moteriols or work described In words, which jo opplied hove o well known or common technlcol or trade meoning, shall be held to refer to such recognized meaning. b. Owner hereby assorts, ond Contractor hereby ogrees that time is of the essence in the scope, intent of the porties, construction, ond purformonce of otl obligations incurred by tire porties to this Agreement. c. In the absence of a positive ond unequivocal exception, or overriding clous* of those General Conditions by ony one, or oil, of the ossocicted ccnltoct Documwntj or th* Contractual Agreement, tre provisions, terms end conditions of those General Conditions herein do prevail. Owner hereby doc lores thoi he expects eoch end every cne of these orticles comprising these General Conditions to br fully odhered to end complied with unless ond until Owner jpecificolly, ond in writing, ogrees to ond occepts o deviation therefrom. 3. CONFIDENTIAL TREATMENT o. Contractor ogrees thot all information end know-how including thof embodied in oil drawings ond other Documents mode available to Contractor by Owner in connection with the performance of this contract will bo maintained by Contractor, its employees, its Subcontractors end sdtcor.lioctois' employees in strict confidence end wili not be disclosed to others or used for ony purpose other thon as required for work authorized Seconder. Contractor further agrees to limit information divulged to vendors ond fobriectors to the absolute minimum required tc purche meferiois. equipment ond supplies required to complete the Work. Contractor ogrees to request secrecy ogreement* from its employees, subcontractor, subcontractor's employees, ond ony vendor, fabricator or other '"'h whom he may hove contact concerning obligations under the Contrectuol Agreement wherever such ere deemed odviscble by Owner. All suen drawing*, tpnc>ficoom, ond other documents referred to above ore the exclusive property of Owner ond ore tc be turned bock to Owner upon completion of the Work * pertinent portion thereof or upon cancellation should Owner cancel the Work ot portion thereof, prior to its completion. b. Coriroctor 050*1 o use reasonable core in the selection end cssignment of personnel for work oulhorSxcd hereunder ond to toke piop< pratoutrans to cvoid the unauthorised dissemination of information ond Know-how which Contractor by the provisions of this Agreement i* obligated tc moinroin in confidence. t. 'nr lonoo'.<.? obi;9ai:0m ih.il ,c ir.|0,c,,d i,,^ .4,,cr. 'OJ known to Contractor prior to disclosure to hin* by Owner, pi to information and know-new v.hirh < . . 00254 )3. ether compensetion paid for the services cf the corporate officers, and Hie construction menogement ond H* administrative services cerried on Contractor's Jiom* office; home office cverheoc, general end supervisory expenses; employers home office portion of ISfp ond hospitoHso* tion Insurance, vocction poy, retirement end sovings benefit, sick poy ond court duty compcmotion for quolified home office personnel noo> expendoble smell tools ond workmen*} supplies up tc $200 volue per unit; profit for ony moterioi, equipment, or service, or of ony other nature offered by or through Contractor; or interest on money employed for Hve Work, 12. FEES o. The fee shott be os delineated in the Ccmtractuol Agreement, If other fbon o fixed fee, it sholl be in occordonce with the schedule for fee determinotion in the Controctuol Agreement. b. >The fee, if fixed, sholl not be subject to chcnge for minor chonges end clterations In the Work, but will be subject to tnojor change in the Work in occordonce with Article 13, below. 13. CHANGES IN THE work o. Owner droll hove the right tc mo-e minor chances ond oltrrotioni in the Work without ony ehonge in the mount of the fee, if fixed nor wffl the amount of the fixed fee be oo|usrec or otherwise changed becouse of a votionce between the original estimate of the scope of the Work orvi the reimbursable costs. b. Owner shell cUo hpue the right tc moke mejor chonges in the scope of the Work. In the event of such chonges. Owner will reimburse Contractor os follows: 1. Alf reimbursefbe costs.' 2. A fee*, os full end complete compcnsction for the extra work, wilt be determined by multiplying the estimated cost of the extra work, whleh has been mutually oarved to by Owner end Contractor, by the ratio of the torn! Contract fee to the total Contract price os delineated in the Controctucl Agreement. 3. If the estimated cost of extras conno! be agreed upon, then separate time end meterfob shod be kept for the extra work, with the above porograph b-2 percentages applying to ectuol costs. 4. Owner, through its Construction Coordinator, moy authorise chonges in the Work through Field Choree Orders, or otherwise of Owner's discretion. Commencement cf wqyk on chonges sholl be in accordance with Article of these conditions. 5. The terms of payment for extra work sholl be in accordance with Article 1?. U. CLAIMS fOR EXTRA FEES AND EXTRA INDIRECT COSTS o. If the Contractor cloims thet ony instructions Involve extra fees rvd/or extra Indirect costs under the Contractual Agreement, Written Notice thereof must be given tc Owner's Construction Coordinator prior to commencing the work Involved by such instructions and written ogrrement by Owner most be given to Contractor. Wrere insufficient time mokes prior Written Notice impossible by either party, verbal notice will be accepted but some must be immediately confirmed in writing. All such notices sholl include estimates of the costs end fees claimed, sufficiently detailed to permit Owner's eraiuction thereof. Whenever emergencies endongering life ond property ore involved, work is to be pursued immediately ond cosh ond fees will be settled in cconlonce with Article 13(b) (3). ,b. Owner reserves the right to negotiate with Contractor ony claim for extra fees which Owner deem* unreasonable. Should ogreement not be reached. Owner reserves the tight tc hove such extra work or chonges executed by others without prejudicing the contract if the Contractor has not commenced the Work. c. No costs incurred by Contractor for collecting errors or omissions, whether reimbursable or not, sholl be opplicoble in the computation of exita fees. 15. CORRECTION Of WORK AND GUARANTEE Contractor sholl promptly remove from the premises oil mclerlols condemned by Owner's Construction Coordinator os foiling to conform to the een*roct, whether incorporated in the work or not. Contractor or subcontractor whose work hos been condemned shot I promptly reploce ond re-expeute hit own work in occcroonce with Articles 9 ond 48 of these General Conditions ond the contract. If Contractor does not remove condemned work ond moteriols within the time specified in writing by Owner's Construction Coordinator, or within o reoscmoole time if no wiitten time is given. Owner may remove them end moy store them end do or couse to be done by others such work! os moy be required to restore the Work to the condition required by the contract. \ & it is the intent of Owner to secure first class, prrmonrnt moterioi ond construction ond to this end Contractor will be held for ond must rectify oil defects due to negligence of his memogement or soloried supervisory personnel discovered in its work within one year ofter completion of the Work <mk) its occeptonce in writing by Owner, unless same ether period of guorontee is specified os ccrallory or exception to this porogrnph at the lime the contract documents ore executed. Should ony moterioi or workmanship colled for m the specifications be of such nature as to render this provision of the guorontee impossible, notice to this effect in writing for Owner's approval must be submitted. d. Owner will give notice of observed defects with reasonable promptness. e. Where equipment Is purchosed by Contractor with o mnnufoctuief's guorontee greater then 12 months. Contractor sholl furnish Owner with copies of oil warranty information otd subrogate his rights, if any, in favor l Owner ofter the pouage of 12 months from the dote of finol occeptonce of the Work. 16. OWNER'S RIGHT TO DO WORK o. If, m the opinion a/ Owner's Cor.sliuct'on Coordinator, Contractor should neglect to prosecute the Work properly or foil to perform ony of the provisions of this contract. Owner, ofter three (3) doys Writien Notice to Contrector, moy moke good such deficiencies in whole or m port without prejudice to ony othci semedies he might hove. In cose of cm emergency. Owner moy do the V/orfc immediately. 00255 f )5. T\rxs\ payment wifi be netie thirty (20) deys eftc: Owner accepts the Work, subject to the stlpulotions of the contract Documents end receipt of the final cost breakdown in conformonce with the connect nermcetieu {Article 46), In oodltion, o certificate that the jet is Iree of ony lien* h -required in accordance with Articles 5, 41, end 44. 20. PAYMENTS WITHHELD e. Owner trey withheld ell, or ony port, of ony payment due Contractor to such extent os may be neceucry to protect Owner from loss resulting from ony of the following: (1) Defective work net remedied. {2) Cleirm filed or rrcranorle evidence Jndlcoting possible filing of cloims. {31 failure, or rndicoted foitvra, of Contractor to meet Its finonciol obligations properly, either to Subcontract** ond/or Usson or Suppliers or whether for materiel or labor or other costs. b. f.rcl payment will b* withheld until the requirements of Article 19(c) ore complied `with. 21. INSURANCE REQUIREMENTS Contractor jhotl not commence ony construction, repair, or maintenance wort under thit contract until ctl evidence cf the inueonce re quired by the Owner has been received ond approved; nor shoil Contractor oilow ony Subcontractor to commence wort under ony subcon tract to this contract until oil evidence thot the Insurance required by Subcontractor hos been obtained ond approved by Owner erd Contractor. A Insurance requirements to be furnished by Contractor ore to be not less thon oi follows: Wortmen's Compensation Employers' liability General liability Auto liobllity liftStatutory limits S1M/S1&/S1& (1) Workmen's Compensation This insurance shot! be pieced ond mointcined in eccordonce with the Workmen's Compensation low of the State or Province in which the work h to be performed. The insurance must cover oil employees working at, on. Or owey from the premises in the performance of this contract. (2) Employers' liobllity In oddition, Contractor shall cony Employers' liobllity insurance with limits indicated cbove. Contractor wilt require ell sub contractors to provide similor Workmen's Compensation and Employers' liobllity insurance. (3) Comprehensive General liobllity Insurance This Insurance shall be pieced ond maintained to cover Contractor ogclmt any public liobllity ond/or property domoge claim which may orise from operations ond completed operations under the contract, whether such operations be by Contractor or ony Subcontractor or or.y persons directly or indirectly employed by them. Such insurance shoil be for on omoimt not less than in dicated above to cover the injury or death of one person end not less thon indicated above, to cover Injury or death to oil persons oriling Out of ony one occurrence, ond not leu than indicated above to cover lots or domoge to property. The Compre hensive General liability policy shot! be endorsed so thot wherever the work "Occident*' oppeon with respect to bodily injury liobllity, it wilt be chonged to read "occurrence*. Such insurance shall not exclude injury to or destruction of wire, conduits, mains, sewers, or other similor property* or appurtenance* er ony epporotut In connection therewith below the wrtcce cf the ground nor shot! such insurance exclude Hosting, explosion or collcpse. Neither the maintenance of insurance nor the limits provided shall be deemed o limitation on Contractor's responsibility. (4) Automotive Public liobllity ond Property Domoge Insurance This insurance shoil be token out ond maintained to cover the Interests of Contractor ogolnsl ony public liability or property damage cloims arising out of the operation of motor vehicles in performance of the Work under this contract, whether such operation be by Contractor or ony Subcontractor or ony persons directly or indirectly employed by them. The omount of such insurance'shot! not be less thon indicated above for injury including death to ony person ond not less thon indicated cbove to ccvery injury to ell persons n ony one Occident. Property domoge insurance shall be for on amount not less thon indicated above per Occident. b. Builder's Risk Insurance Owner will provide ond mcintain Builder's Risk insurance on an "oil risks'* bests, subject to specific policy exclusions. This irovfoncr will be written in the none of Owner, Contractor ond/or Subcontractor or.ogcnts, os their respective interests moy eppeor. This Insurance will opply ta the buildings ond structures while in the course of construction ond testing os well os materials equipment, supplies, forms ond temporary structures of oil kinds on the job site, excluding Contractor's tools ond equipment not going into the work end while *n transit to be used in the construction of the buildings or structures. e . Accident Reports Contractor shell file with Owner's local insurance representative o report of oil accidents related ta the Work. This reporting shall cpply to Sndustno! injuries sustained by Contractor's employees, as well a; Occident* Involving members of the public. Such reports may be m rhe form <d o copy of Contractor's report to hij insurer cr to the pertinent Workmen's Compensation Commission. Contractor shoil require oil Subcontractors to file similar reports with Contractor for subsequent filing with Owner. d. Insurance Certificates Two copies of the insurance certificates ottesting ta the fact thot the cbove insurance is in effect shall be filed with Owner, atten tion of the local plant or loborotory insurance representative, prior ta the commencement of the Work under this contract. All certificates must include the following House: . evidenced by registered moil, return receipt, it is agreed that o ten (101 doy Written Netice of cancellation of, or change in, these policies will be given to: Original to: Ethyl Corporation 330 S. Fourth St. Richmond, Vo. 23217 Coov to: Ethyl Corporation Ethyl Tower 451 Florido Street Eoton Rouge, La, 70801 Attn; Mr. J. 1. Briefly \ Attn: Chief Engineer Job No. 00256 7. ) d. The expenses of orbitnriion, including reosonoble compensation to-the Arbitrators, sholl be borne quolly by Owner oncf Contractor except thot each party shell boot the eompentotion end expenses of ih cmmsel, wifnesnn o-w e.vSoyco*. . In ftrtn where arbitration h not reevired, Owner reserves the right to pursue hfc remedies through the W90I processes of the courts of the Store wherein the Wort is done end/or the federal courts of the United State*. 28. ASSIGNMENT a. Contract* shell not assign the Wort covered by the Contractual Agreement, or sublet If os e whole, or in port, without the written consent of Owner b. Contractor *oll not coign ony monies due It, or to become due It, under the contract without previous written consent of Owns*. 79. PRE-JOB MEETING After the Contractual Agreement is executed. Contractor or Ms field eupcrlntcndent is ta personally contact the Corctruction Coordinator. A meeting will be arranged between Contractor end the Construction Coordinator ta their mutuo! satisfaction but prior ta conxnencing the WoA oral prior ta orrlvof or. site of ony tools, ncteriois, or equipment. Contractor shell inspect the site ond review the Work, and the sequence and overall schedule of the Work will bo reviewed of this mooting. 30. SCHEDULES o. Contractor dxril prepare on overall construction schedule of the Work at It h released to him ond which will be kept current ond Issued biweekly to Owner. The schedule shall be preferably of the arrow diagram (Critical Path Method) or If the bar chort type J, ued, it mrtt be In sufficient detail to Indlcete weekly activity end progress. In either cose, the schedule shell indicate the critical work TO end the criticol Items of supplios, equipment, material, and/or work which is limiting on earlier completion dare. b. The construction schedule shall be prepared and submitted In detail by *och Contractor bidding on the job at the time he submits his kid to the extent drawings ond specification! are available. H shall be submitted with 0 full understanding by Contractor thet Owner consider, time of the essence ond he is it lying on the accuracy of Contractor*! schedule to moke decisions ad Judgments, Including, but not limited ta, predicting morket demand foracosts ond Owner's ability ta supply these demands; enterirg into supply contracts; pfenning operating ond meintononce monpower Increases one reductions; procurement of consumable and non-consumable raw materials, equipment, and supplies; ond effectively evolving liability for demurrage charges covering tank truck, rail, or morine shipment*. 31. CONTRACTOR'S EMPLOYEES o. Contractor's employees will not normally be photographed nor will they normally be fingerprinted. However, Owner may at ony time require that employees of certain or ell Contractors be fingerprinted end/or photographed os necetsory for plant security end/or in the fictional interest. Owner's Security fotces, Owner's Construction Coordinator, end Owner's Personnel Relations representative will review the case of each Contractor remaining on ony plant site for ony period beyond six months ta determine the necessity for fingerprinting ond/or photograph!^ Contractor's employee*. b. Upon receipt of the completed Contractor's Employee Personal History, Owner, at hit option, may Issue Contractor bodges ta Con tractor's employees os they report to the site to work. c. Should Owner elect ta furnish bodges for use of Contractor's employees, each Contractor ond his Subcontractors will be designated by o different colored.bodge. Owner's Contractor Bodges will be numbered, ond each Contractor will have his employees identified by o separate series of numbers. d. W|den, quo Iffled In occordonce with the ASMc Code, shell be used on ell work. Previous qualification papers from acceptable laboratories or agencies, which comply with the ASME Code, will be oceeptod providing they ora valid ond within the period of effectiveness as defined by the Code. Non-quellfled wetdyrs shall be qualified of Contractors expense by Owner or by on approved Independent tasting laboratory with throe copies of test results furnished to Owner. Final acceptance of o welder's qualification or Judgment cs to his obfllty ta perform satisfactory work rests with Owner, *. Centree tar shell otto be responsible for compliance with ct( obligations ond restriction imposed by ony low affecting employer-em ploye* relationships, ond ony orders, rules, regulations, procedures, or directives of ony governmental agency Or authority affecting tnployor*mployre reoltlc-ncMp, end shall beer full responsibility ond liability for ony challenge ond/or Hligotlon coocemir^ any action of Such governmental ogency or authority, otweys holding Owner free ond hornless in such matters coneemirg his employeremployee relotiorahip. 4^ f. Contractor shall advise Owner of the names ond backgrounds of ih key personnel proposed to be ostigned to the Work, ond no such comments era to be made or changed without Owner's prior approve!, except when such personnel cease to be in the employnwnf of the Contractor. g. Contractor will olto couse its Subcontractors to comply with the previsions of thij section ond these General Conditlom. 32. OFFICES, WAREHOUSE AND SHOPS a. Contractor shot! provide, on the work site ond In o location designated by Owner, offices and ^ops for its own use. Contractor shell moke mexlrrxjm tnt of portable ond/or mcvobU buildings In his .possession, or for which he ha* occess, before consftvctirg temporary building* fee these purposes. b. Contractor sholl provide worehousing ond personnel to receive, unload, start, and protect oil materials, equipment ond fools for the Work, whether purchased by Contractor or by Owner. c. Contractor sholl provide eonltary facilities for It* workmen ond oil Subcontractors' workmen, in accordance with governing law* ond ordinances. Contractor shall provide drinking water for Ms employees. Contract* sholl remove oil movable ct portable temporary buildings ond facilities for which he holds title when they hove served their purpose ond such removal is ogreed ta by Owner. , Owner may elect ta retain the temporary buildings ond Facilities, for which Owner holds title (see Article 55), in place of his option or the completion cf the Work. Should Owner elect ta hove these building* removed, this work shell be handled 01 o con tract extra in occordonce with Articles 13 ond 14. 33- MATERIALS, TOOLS, EQUIPMENT, FACILITIES, APPLIANCES & WORKMANSHIP a. Except os other--rsc stipulated, Contractor sholl provide c'l lobor, moterlels, tools, construction equipment, transportation, end other facilities necessary for the completion of the Work. 00257 \ 9. ) b. Lcmmxtor shell preside ell required temoorary feeders end branch lints for such utilities ftom the points provided by Owner. c. Contractor shell provide or*y temporary heeling thot h required tc evoid domogt by freezing, or to permit the performonce of work during periods of low temperature, or to otherwise expedite the progress of the Wort* 38. INSPECTION 0. Owner's Construction Coordinator, os well os its Inspectors, representatives ond designated shoil how free ond easy access to the Wort ot oil times end to such components ond mcterlols thot Contractor moy hove in preparation or fabrication outside the job site or In vendor's shops. Contractor shod arrange for free ond easy access, ot normal wording hours, to components of the Work thot moy be In preparation or fabrication ot pVoces other than Its own. b. The decision of Owner's Construction Coordinator, or hh representative, shell be final in determining the fitness, quolity or con formance with specifications of the Work or meteriols during the progress of the Work. He shall notify Contractor In wrttirg of eny rejection end reason therefor of ony moterSoU end workmanship. Corrections or replacement of rejected work shall be subjeer to reinspection by Owner. c. A finoi inspection shall be mode upon completion of the Work at which time Owner will lour on overall acceptance in wrillr^ to Contractor or o conditional acceptance, listing ony exceptions and the reasons for such. The completion of the Work will be only in accordance with the provisions of Article 44. d. Relnspectlon of rejected work shell be on the some basis os the previous inspections. e. If the Inspection obow is conditional, the finoi inspection end occeptonce will Issue only after reinspections certify that oil excep tions how been satisfied. 39. SUPERVISION o. Contractor shell keep on his work, during its progress, o competent superintendent and ony necessary assistants, oil of whom shoil be satisfactory to, and approved by Owner. b. A superintendent shell not be chonged by Contractor after the commencement of the Work without OwnerS approval vnlees such superintendent ceosrt to be In'Contractor's employ. In such coses, new eulgnmenh must be oppraved by Owner. c. The superintendent shell represent Contractor In Its absence ond oil directions given the superintendent shell be blndirg upon Con tractor. d. Directions given to the Superintendent by the Construction Coordinator will be In writing, or IF glwn verbally, will be confirmed In writing immediately. 40. REMOVAL OF EQUIPMENT In cose of concetlotlon of the contract before completion, for ony couse whatever. Contractor, If notified to do so by Owner, shall promptly remove any port or oil of Its equipment, took, facilities end supplies from the property of Owner, foiling which Owner *oll hove the right to remove such ot the expense of Contractor. 41. LIENS Contractor shoil protect ond rave free Owner ond his tends and other properties ogolrat ony ond oil clours or Kens filed or mode, on occount of work done or moterigl furnished, by It or ih Subcontractors, under the contract Documents. Contractor ogrees to couse ony ond oil such Kens which moy be filed or mode to be Immediately reieosod end discharged of record. Contractor shell couse to be removed ony Kens filed ofter Owner hos occepted its work. The finoi payment <y>d retoined percentoge of the contract fee shoil not become due or poyeble until oil liens hove been discharged to Owner's satisfaction. f\\ c ln the event thot o Ken or Kern arising out of the contract be discovered tc exist ofter oil payments to Contractor how been mode by Owner, Contractor shall refund to Owner oil monies thot Owner moy be compelled to pay to discharge such liens ot well os the attendant legal expenses, including fees. 42. MUTUAL RESPONSIBILITY OF CONTRACTORS o. Under Owner's right to let other contracts on his premises cowring other work, eoch separate Contractor shoil afford such other Con tractors free ond easy access to the project as well os o reasonable opportunity for the introduction ond storage of such Contractor's materials ond oxecution of their work. b. Should ony separate Contractor couse damage to the work of omy other Contractors, the two potties shall attempt to settle the con troversy In good faith without involving the Owner. In the event o law suit is filed due to the controversy between the potties mentioned above, ond the Owner ii mode, or becomes, o port/ to such suit, ond found not to be liable for domoges, the Contract or et fault shell reimburse the Owner for all the costs ond experoes of litigation, including costs of attorney's feet. c. A separate Contractor whose work fallows ond depends an the work of another Contractor for proper execution shoil inspect that por tion of the preceding Contractor's work that moy affect hit own work ond shoil promptly report to Owner's Construction Coordinator such defects or discrepancies a may render the work of the preceding Contractor unsuitable for Its own work. d. Eoch eeporate Contractor shoil verify work olreody in ptece where it affects its own work, ond shoil of once report toOwner's Construction Coordinator ony discrepancies between the work In place ond the contract Documents. <3. SUBCONTRACTS /i\ a. Contractor ogrret thot he isos fully irsponsible to Owner for the acts ond omissions of ih Subcontractors, ond of persons either directly or indirectly employed by them, os for the octs ond omissions of Its own employees. 00258 C* Except os opplies to recoonired orec agreements between Contractor ond the Building or Meto! Trades Unions, overtime poy stall be limited to lj times the regulor hourly woge rote for hours worked in excess of forty (40) in one week ond stall be limited to ncmexempt personnel. 53. NON-WAIVER OF RIGHTS The feiturc of Owner to Insist, In eny one or mote instances, upon strict performance of ony of the terms of this contract or to exercise any right herein conferred stall not be constated os o waiver or relinquishment to ony extent of Owner's right to ossert or rely upon ony such terms or rights In eny other Instance* 54. PATENTS, INVENTIONS, AND INNOVATIONS o. Contractor stall Immediately rroke known to Owner ony Invention, discovery, or Innovation conceived or developed by ony of Con tractor's employees. Including supervisory ond monogement personnel, who hove occeu to the Work performed under this Contractual Agreerent full ond complete information os to such invention, discovery, or innovation stall be troremitted to Owner ot hit re quest. b. If Owner, in his sole discretion, considers such invention to be useful in practicing the know4mv ond processes of lb business operations, present or future, whether such processes or operations ere known to Contractor or not. Contractor stall immediately, upon request of the Owner, assign the entire right, title, ond interest thereto, together with oil rights to patents thereon, to Owner. 55. TITU TO WORK, MATERIALS AND EQUIPMENT a. Alt moteriob ond equipment furnished by Contractor for incorporation In the Plant shot! become the property of Owner upon delivery ro the Plont site. Upon completion of the Work, Contractor stall use its best efforts to dispose of oil refrairurqj surplus, with the oppravol of Owner, crediting the net proceeds thereof ogolnst the cost of the Work. Any remaining surplus thereafter, including expendable and non-expendable moterra Is ond supplies, purchased by or for Owner stall remoln the property of Owner. b. Title to oil temporary offices, shops, warehouses ond other facilities provided by Contractor os port of Contractors reimbursable cosh in orcordonce with Owner's Standard Project Accounts Code, whether direct or Indirect cash, whether fixed in ptoce or por table, or whether movable or Immovable, stall be vested in Owner unless the Contractual Agreement specifically state* otherwise. 00259 EXHIBIT "B" April 4, 1971 CURRENT SALARIES & WAGE RATES Supervisory and Administrative Project Manager Assistant Project Manager Job Superintendent Craft Superintendent Project Engineer Office Engineer Cost Engineer Safety Engineer Office Manager Chief Warehouseman Chief Timekeeper Timekeepers, Clerks, Warehousemen Secretarial & Stenographic Hourly Rates* 40 Hour Work Week $1,800 2,000 1,600 - 1,800 1,400 - 1,700 1,300 1,500 1,600 - 1,800 1,400 " 1,600 1,000 - 1,200 1,000 1,200 1,300 - 1,500 1,000 - 1,200 3.50 - 5.00 3.00 - 4.50 2.25 3.00 Per Month Per Month Per Month Per Month Per Month Per Month Per Month Per Month Per Month Per Month Per Hour Per Hour Per Hour Foreman. Craft, Helpers & Laborers Classification Straight Time Rate Per Hour Boilermaker -5.50 Brickmason 5.70 Carpenter 5.30 Cement Finisher 5.30 Electrician 5.50 Insulator 5.50 Ironworker - Structural 5.40 Ironworker - Reinforcing 5.30 Laborer 3.05 - 3.65 Semi-skilled Labor 3.35 - 3.85 Mechanic - H. D. 5.30 Millwright 5.50 Operator - Heavy 5.40 Operator - Light 4.90 Painter - Brush 5.15 Painter - Spray 5.30 Pipefitter 5.50 Instrument Fitter 5.50 Truck Driver - Light 4.05 . Welder - Pipe 5.50 Welder - Structural 5.40 Helpers 3.30 - 4.65 Labor Foreman 5.30 Foreman .50 Above Journeyman Rate General Foreman .75 Above Journeyman Rate c * Our standard work week consists of 5 days, 9 hours per day, Monday thru Friday, with 1% X the 40 hour per week hourly rate being paid for all time over forty (40) hours in one week. 00260 EXHIBIT "C" April 4, 1971 HOME OFFICE SALARIES AND WAGES 1. Timekeeper - Clerk - $6.00 Per Hour 00261 r f EXHIBIT "D" August 26, 1971 EQUIPMENT RENTAL RATES (Contractor Owned) ) Car - Light Pickup - 1/2 Ton Pickup - 3/4 Ton Flatbed Dump Truck Winch Truck Water Truck Dump Truck - 4-6 Yard Tractors Ford Loader - Hoe Caterpillar Loader - Mdl. 920 & 922B Caterpillar Loader - Mdl. 955 Caterpillar Sideboom - Mdl. 572 D-4 Dozer (Series D) D-6 Dozer (Series C) D-7 Dozer (Series E) D-8 Dozer (Deries H) D-9 Push Dozer Draglines 1/2 Yard 3/4 Yard 1 Yard Model 3900 - 80 Ton & 100 Ton Model 4000 - 150 Ton Model 4100 - 200 Ton Motor Crane- 25 Ton - 30 Ton Motor Crane- 40 Ton Motor Crane- 45 Ton Motor Crane- 60 Ton Hydraulic Crane - Austin Western 210 Hydraulic Crane - Austin Western 410 Hydraulic Crane - Drott 85 Hydraulic Crane - Galion 110 & 125A Hydraulic Crane - Qalion 150A Hydraulic Crane - Groves RT58 Hydraulic Hoe - Insley HC560B Hydraulic Hoe - Northwest 30DH ASSOCIATED EQUIPMENT DISTRIBUTORS, 22 EDITION (1971) Dai ly Weekly Monthly Rate (See footnote) 128.00 120.00 136.00 320.00 320.00 400.00 420.00 606.40 945.60 1,283.20 1.766.40 960.00 1,573.60 2,012.80 2.914.40 2,914.40 1.070.40 1.367.20 2.246.40 3.530.40 4.832.00 6.800.00 2,060.00 2.518.40 2,518.40 2.916.00 744.80 973.60 731.20 1,101.60 1.273.60 1.131.20 1.441.60 1.880.00 00262 J Page 2 Pumps 4 Inch - Gasoline 4 Inch - Diesel 6 Inch - Gasoline 6 Inch - Diesel Rollers, Brooms Pneumatic - Self Propelled - 12 Ton Pneumatic - Self Propelled - 25 Ton Sheepfoot - Towed - Small Sheepfoot - Towed - Large Sheepfoot - Self Propelled Welders Electric-All Sizes-With 200' Lead and 100* Ground 200 Amp - Gas 300 Amp - Diesel Generators. Saws 5KW - 20 KW 60 KW - 100 KW . Compressors 125 CFM 150 CFM 190 & 250 CFM 600 CFM Maintainers, Scrapers Maintainer - Mdl. D & DD Maintainer - #12 Maintainer - #16 Scraper - 15 Yard - Towed Scraper - 18 Yard- Towed Gradall - Rubber Tired Gradall - Crawler - Mdl. G-600 J Daily Weekly Monthly Rate (See footnote) " 136.00 223.20 215.20 292.80 428.80 845.60 176.80 378.40 1,564.00 150.00 134.40 169.60 260.00 674.40 178.40 185.60 367.20 708.80 548.00 1,016.00 2,360.00 680.00 680.00 1,590,40 1,730.40 Rental Rates for Contractor's equipment not listed will be charged at eighty percent (80%) of and in accordance with the current edition of the A.E.D. Manual. Daily and weekly rates will be charged on a fractional monthly rate basis. 0G263 OFFICE MEMO BROWN & ROOT, INC OCTOBER 6, 1971 TO THOSE CONCERNED: JOB NO. 27-1*060 IS ASSIGNED TO COVER THE CONTINUOUS MISCELLANEOUS CONSTRUCTION WORK FOR ETHYL CORPORATION AT DEER PARK, TEXAS. BL/rib BILL LONG r JOB TITLE: ETHYL CORPORATION - CONTINUOUS MISCELLANEOUS CONSTRUCTION WORK AT DEER PARK, TEXAS. (WORK TO BE PERFORMED BY THE L. J. DERRICK DEPARTMENT) 00264 & "! I R EQL_ST FOR ASSIGNMENT OF JOB NUMBi... BROWN & ROOT, INC. AND ASSOCIATED COMPANIES - y- a < ACCOUNTING DEPARTMENT V Industrial-Civil Division U. .CT: JOB NUMBER ASSIGNMENT - Brown & Root, Inc. (COMF ANY) Sept. 3, 1971 ToaTe) Industrial-Civil DEPARTMENT) SUB-DIVISION: Industrial Work (Jame: - Williamson. 'LEASE ASSIGN A JOB NUMBER TO BE USED FOR RECORDING OF INCOME AND COSTS RELATING TO THE CON RACT DETAILED BELOW: WNER: Ethyl Corporation RIME CONTRACTOR:_______________________ 21 IONTRACT DATE: _______ August 30, 1971 ESCRIPTION OF wnpic- Continuing miscellaneous construction work at owner* s Deer Pa-rlr, Texas plant________________________________________ YPE OF CONTRACT: UNIT PRICE ( OTHER ( ), ), LUMP SUM ( ), FORCE ACCOUNT ( (EXPLAIN) ), COST PLUS FEE ( XX ) ATED COMPLETION DATE: _______ ------------------------------ OR CONTINUOUS ( XX )- ^ACT AMOUNT: $ 400,000.00 (Equipment) ERMS OF PAYMENT: PROGRESS BILLINGS-MONTHLY ( XX ), ACTUAL ( ), ESTIMATED ( XX ). (Labor) (Materials) WEEKLY (XX ), BIWEEKLY ( XX ). SEMIMONTHLY ( ), REVOLVING FUND ( ), OTHER ( ),: ________________ (EXPLAIN) ERCENT RETAINED: 10 OTHER ( % OF Fixed Fee ____________________________________________ (EXPLAIN) 0 BE COMPLETED ONLY FOR JOINT VENTURES: 'ARTNERS AND PARTICIPATION: PONSOR: _________________________________________________________________________________________________ % %. % %, % CH FINANCING CURYE OR CASH FORECAST: C JMBER ASSIGNED: 27-4060 C: ORIGINAl Copy of ACCOUNTING DUPLICATE - RETAINED TRIPLICATE - TREASURr/CREDIT QUADRUPLICATE- PURCHASING Contract Attached (SIGNATURE Or EMPLOYEE REQUESTING JOE NUMBER 0. M. BaJcken FORM A.5ft ACCOUNTING 00265