Document BRJ9d0vnBXBK2vmGwLamqzvrk
**
Bro^CfRootfeic. Post Office Box Three, Houston, Texas 77001
Spt*br l, 1970
ImtrMciaaj Coattractioa, Iae.
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00067 i.
( Tqrm MJOX ii 4.7U JUv, Puge 1 yt 7
BROWN & ROOT, INC.
SUB-CC N TRACT
Job Number__27.-4040 (|j)
Subcontract No__ 27-4o4Q- ___
THIS AGREEMENT, mude this. 14th.
.day 0 r.
August
, iyy ZP_
by and between BROWN it ROOT, INC., a Texas Corpc ration, 4100 Clinton Drive, Houston, Texas 77U0I, \P. 0-
Box 3) hereinafter called the "General Contractor", an Refractory Construction, Inc,
1208 Heights
P. 0. Box 32________ lelgBhai e (718) 472-2441-
(Ntm, Strut Addrw* i
Wumbr;
Delaware
Coipbratlon..
(Glr 9U ot lncorpor(lon And wbtkr * corportloo, p* rtritreklp, or proprUlonblp)
Pasadena________________________
Si tate of.. _Texv o a__ 77501
hereinafter called the "Subcontractor", WITNESSETp I
WHEREAS, General Contractor has entered into a ge; teral contract with__________
.with principal offices at
Ethyl Corporation
(Hama f Ownr |
icalled the "Owner", for the construction of-- -- HA' Process Plant
hereinafter
(Nature g( uutniflld uadr OiBr*l Cenirttt)
at_____________________________________________________ Paaadens_________
| i CH>)
Texas
(Sub)
WHEREAS, Subcontractor desires to perform that portion of the work as required by the general comracl, which
is described below as "The Sublet Work";
i
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NOW THEREFORE, it is mutually agreed by and between General Contractor and Subcontractor as follows*.
i i
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I. SPECIAL CONDITIONS
t. The Sublet Work comiits of: Furnlahing all material, delivery and storage, equipment, tools, labor, supervision and other things re quireddto provide concrete fire-proofing on vessel skirts and structural steel in accordance with the following specifications and drawings:
Engineering Standard ID-7-1,-Rev. 1, Sheets 1 thru 9.
Vessel and Structural Drawings':
43-13-116 Rev. 3 43-11-127 Rev, 4
j 41-43-198 Rev. 7 ! 45-46-224 Rev. 1
43-11-126 Rev. 2
43-47-236 Rev. 0
43-11-133 Rev. 3
i '43-46-230 Rev. 2
43-11-132 Rev. 4
i 41-47-130 Rev. 3
43-13-131 Rev. 4
43-47-132 Rev. 1
43-13-113 Rev. 4
42-47-131 Rev. 1
43-13-105 Rev. 4
i 45-46-154 Rev. 2
43-13-104 Rev. 3
' 41-47-171 Rev. 2
42-47-172 Rev. 2
: 43-47-173 Rev. 2
2. The price for the Sublec Work shall b a firm lump sum total of THE NTT THOUSAND, SEVEN HUNDRED
WEHTY-FIVE AND NO/lOO DOLLARS ($20,725.00) which includes all applicable taxee but ex cludes the reimbursable fee charge for the required $20,725.00 Payment and Performance Bonds. (Invoice fie charge separately),
sti- '. lump sum prx<v is cased upon the scope included In cited drui,` ..
.......
event of additions to or reductions of this quantity, a unit price of THREE HUNDRED
SIXTEEN AND NO/lOO DOLLARS ($316.00) per cubic yard of material in place, including
accessories, shall apply.
'
-- Continued on Page 2 --
00068
Subcontract No.
Rutfe 2 vf 7
3. The time of completion of the Sublet Work shell be es; provided in peragreph 4 of the General Condiliui'uX^^KZKXK
xdncx-
i
4. The performance bond provided for in the General Conditions mutt be delivered before any payment becomes K\> Sob* j. '
contractor hereunder, unless delivery at this time is waived. Immediate Delivery of Bond is: Waived; Requited & _____________ 6. Other ipeciai provisions of this subcontract are: (a)
Material supplied by Subcontractor shall include, but not be limited to the following, all in sufficient quantity for completion of ttfifi work:
8} 2 X 2 X gage wire meat 18 gage soft annealed tie wire Portland cement ASTN-C-150 Type Clean washed Band Membrane curing compound ,
$ Chamfer clips Chamfer strips
00M
Subcontract price is based on a 5-day, 40-hour! work week at prevailing wage rates. If overtime work 1s requested and authorized in jadvance by General Contractor, Subcontractor shall *e reimbursed for such extra work at in the amount of hia extra coat for overtime pay only. In the event of lncreaaes in wage rates or material coats prior to completion of the woriy. Subcontractor shall be reimbursed for BUch added costs upon submitted to General Contractor of satisfactory evidence, i
J ' (cj '
General Contractor will furnish the following facilities as'required for the prosecution
of the work at no cost to Subcontractor:
I1
I
1) Water 2) Buildings 3) Elevators
4) Sanitation facilities
5) j Righto-of-Vfay j 6) ; Electrical power 7) I Dewatering of any lines or grades.
(d)
Subcontractor must furnish his own warehousing and miscellaneous workmen's supplies. I'
(>
inquiries the Subcontractor may have concerning this Subcontract must be made thourgli the General Contractor's Job Superintendent and not directly to the Owner.
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Subcontractor shall contact the General Contractor's Job Superintendent to schedule and
co-ordinate thiB Subcontract,
,
I
(g) 1
;
Before cofnuencing work and before this Subcontract beco/pes effective, the Subcontractor sha3.1
furnish the General Contractor with his Certificate of Insurance and Payment and Purformance
Bonds *
*
-- Continued on Page
(Pug* 3 is t numbered but otherwise bUnh
for ui < coruinuitiun sheet for paMgruph 5, if needed. Inieii y I it i>
used; otherwise insert T which is the url of General Conditions.;
00069
Subcontrvt No^.
Page 3 Of 7
P GO
Brown & Root, Inc. Safety Regulations shall te strictly observed in the performance of
all work at the project site.
;
Reference (for information oljly):
dated 3 .August !1970.
,
(i] ij
Refractory construction, jj Inc. proposal No. -213
(J
This confirms verbal notification of award bjf VC. J). Tell man of Brown & Rpot, Inc. to R. D. Reynolds of Refractory Construction, Inc.
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-- Continued on Page 4
i.1
00070
Putfe 4 of 7
Subcontract No-
II. QENERAIi CONDITIONS '
1. Subcontractor represents that he is familiar with the physical conditions and availability of labor and m.iUarea of the Sublet Work and alt other'items affecting the performance of the Sublet Work.
2. Subcontractor agrees to perform the Sublet Work in a cureful and workmanlike manner in accordance win. i.vwi cun*
struction practices and this Subcontract, and to furnish all aup'emaion. labor, supplies, tools, equipment, fuciUtie*. -*i.... ac, and
materials (except as Owner or Genera) Contractor specifically agrees herein to furnish} and alt other things und servi.w ncvcasiiry
or desirable to perform the Sublet Work.
I I i*, , j
3. General Contractor agrees to pay Subcontractor for the performance of the'Sublet Work the amount specifivj m Para
graph 2 of Section l and to make partial payments monthly to Subcontractor within fifteen (IS) days after Subcontractor's In
voices, approved by General Contractor's field representative, are received by General Contractor, except that Geneiul L'ufitrac-
tor shall retain ten percent (10%) of the amount of each partial payment on the Sublet Work until final euinpleuun of
Subcontractor'! work and the balance shall be paid within thirty (30) days after ,/lnal completion and acceptance uf Sub
contractor's work by Owner upon a proper invoice submitted by Subcontractor accompanied by an affidavit that all Uhls tor
labor, materials, taxes, services and other costs of the Sublet Work have beer\ paid .and indemnifying General Cuniiuviur and
Owner therefrom and a release by Subcontractor of any further claims against General Contractor and Owner. Pu/meni wi any
partial payment may be withheld until Subcontractor furnishes satisfactory proof of payment of all bills for lauui. miei uls,
taxes, services and other expenses in connection with the Sublet Work and that all claims for changes .or extra wuik ii-vt been
settled. Until final completion and delivery of the Sublet Work, all funds paid to Subcontractor shall be held m Tiu.t for
application solely to payment of laborers, materialmen, fabricators, subcontractors and others furnishing elements u me Sublet
Work. Subject to performance by General Contractor of.Hi obligations hereunder, title to all materials, component*. Ubncuted
items, and work in process intended for the Sublet Work, and the>bencAciai Interest in all purchase orders or subcuiiiiuto there
for shall vest in Owner immediately upon delivery to the job site, or Identification to this Subcontract, or commem-emeM of
fabrication in Subcontractor's or a supplier's shop, or award of'a purchase qrder or subcontract; provided, that uu ptuvUtqn
shall not relieve Subcontractor of the absolute duty to complete and deliver the Sublet Work in good condition, umi tu comply
with all other obligations hereunder. Ail payments hereunder:may be made by General Contractor's affiliated vumpaiiy and
all such payments shall be considered as payment hereunder. !
H 4. Subcontractor agrees to commence the Sublet Work immediately when Instructed and to prosecute same in cuuidinalion pwllh the work of others and with sufficient equipment, supervision and manpower to Insure completion of each pan ui the Sublet Work within the time of completion herein provided so as not to cause damage or delay In the work of others. Subcontractor shall perform the Sublet Work at the times and in the sequence directed by General Contractor, or Owner, from nine iy time; and. in the absence of such Instructions from General Contractor or Owner, at the times and In the sequence reasonably neces sary to avoid delay In the performance of the work required by the General Contract at whatever rate of progress General Contractor may make In performing the work directly or through other Subcontractors. In the event Subcontracts be delayed by the Owner, General Contractor, or another contractor performing work on the project, or by the ordering ut *Atra work or by force majeure, General Contractor shall owe Subcontractor onjy an extension of time and then only. If wniten ivqucst therefor Is made by Subcontractor within forty-eight (48) hours from the beginning of the delay.
I S. If any part of Subcontractor's work depends, for proper execution or results, upon the work of any other vuniiuctor or
Supplier, Subcontractor shall inspect the work of the other contractor or Supplier and promptly report to General
uny
defects in such work or the performance thereof that adversely ,affecls the proper execution and the obtaining wi me desired
results of the Sublet Work. Subcontractor's failure to Inspect and report any'such defects shali constitute an acceptance of the
other contractor's or materlaJmen's work as fit and properly performed. Subcontractor shall endeavor to seine b; ugiee-
ment or arbitration all claims asserted by any other subcontractor, materialman, or other person arising from Subcunti actor's
own acts or omissions, or in any manner relating to the performance of the Sublet-Work; and in the event Geneiui t'ui.tractor
or Owner shall be sued on any such claim, Subcontractor shall defend such suit, and pay or satisfy any judgment iei.vicu.-d there
in against General Contractor or Owner and pay all costs, Including attorney's fees,) Incurred by General Contractwi or Owner.
G. Subcontractor shall, at its own expense, procure all required permits and licenses and pay all fees and
u(,.l give
all notices necessary and instant to the due and lawful prosecution of the Sublet Work. Subcontractor shall comply with the re
quirements of any deeds and rights-of-way easement restrictions and any permit requirement and any instruction* ui u-guluUons
of any local, stale or federal governmental agency or authority, and with the requirements of any one having the imi.t iu cuiiiiul
how uny portion of the Sublet Work is to be performed; provided, however, that the Sublet ,Work shall be performed iw the satis
faction of the General Contractor und Owner.
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7. Owner and General Contractor shall have the right to enter upon the site of the Sublet Work for the pui puses uf in
spection, accounting, and performing such collateral work as Owner or General Contractor may desire. Subcontrai.iui jgieea to
Jurmsh ali facilities deemed necessary by the General Contractor and Owner for the proper inspection of the Sublet Wvrk and
io account to the Owner and General Contractor for any materials furnished by Owner or General Contractor winch ai being
handled by Subcontractor. Subcontractor agrees to carry out such tests as are required by the General Contractor tu determine
if the sublet work Is being properly performed. Subcontractor shall protect the Sublet Work and bear and be liable fur all loss
or damage of any kind, including damage by the elements or otherwise to the Sublet Work or to materials or oilier items fur
nished by Owner or General Contractor to Subcontractor which may happen at any time prior to the time that Owner formally
accepts the Sublet Work. Subcontractor shall warrant the Sublet Work to be free from defects In material and workmanship
and agrees to make good at Subcontractor's own expense any such defects or any failure to perform satisfactorily, winch are
discovered within one (I) year from the time of acceptance by Owner of all the sublet work, or within one year km me lime
cf nicctcr.ms by
:f ths *syin's or Work o which lh*
work relAtr* whh :% i .. i>. :i,,
. ;iny
such defect*, Subcontractor agrees to consult promptly with General Contractor or Owner to arrive at a smiafaimi y j,w.vduie,
winch. If possible, will enable the work to be kept in operation pending the correction of such defects.
8. Subcontractor agrees to indemnify and to save General Contractor and Owner harmless from and ......... . ..n .i,,nns,
suits (including counsel fees and other expenses of suit.) whether groundless or not. judgments and awards on ,.,.,,(llli ,,i any
damage io properly or injury (including death) to person (including any damage or injury to the piopetty or p?i*w,, wi
v-m
ployee of Subcontractor. General Contractor, or Owner) which may be caused or alleged to have been caused in wi...i. u, part
by. or which mfiy occur or be alleged to have occurred in connection with, the performance of or while Subcoutrmu.i i* pel form
ing the Sublet Work; provided that Subcontractor does not hereby assume responsibility for the sole negligence f v.o.Con
tractor but doe* assume sole responsibility where there is concurring negligence of General Contractor and SuUwi.......
-- Continued, on Page 5 --
00071
PuKe 5 vf 7
Subcontract KoM
9. Subcontractor, notwithstanding the provisions o/ Paragraph 8, assumes all risks of loss or damage to SuUrwiiiiocior's ols, equipment or property from any cause including the sole or concurring negligence of Owner, General Contfad'. oi uny her Subcontractor performing work in connection with the work described in the General Contract. In the event General ontractor or Owner loans or furnishes tools or equipment to Subcontractor qr permits Subcontractor aboard their vvsei in con nection with the Sublet Work, Subcontractor agrees (a) to makje Its own determination before commencing wutx tiii such vessels are seaworthy and such tools and equipment are adequate for the safe,performance of the wprk by SubcvMiwiui. (b) that such tools, equipment or vessel are loaned or furnished anjd accepted by Subcontractor without warranty or ivpivsvfilution by General Contractor or Owner as to their condition; (c) to return such vessels, tools and equipment to Gener.il v'uhtiactor or Owner at the conclusion of such use in same condition as wh'en received, ordinary wear and tear excepted; and tu/ w imivmnlfy and hold General Contractor and Owner harmless from all claims, demands, causes of action, damages and ii.juuwa from Subcontractor's use of said vessels, tools.and equipment, inciudijng any claims,! demands, causes of action, damage* injuries resulting from or alleged to result from the sole or concurring negligence of General Contractor or Owner or from thv mudequucy or unseaworthiness of said vessels, tools and equipment for the performance of the Sublet Work.
10. In the event after seven (7) days written notice from General Contractor to Subcontractor, pointing out generally
any deficiencies either in respect to the nature of the Sublet W( rk qr In respect to the' promptness with which the Sublet Work
Is being performed, Subcontractor has not corrected such deflcl' ncles to the satisfaction of the Individual in charge ul this job
for General Contractor in the field. General Contractor shall hi ve the right to supplement the work of Subcontractor or to take
over completely the performance of the remainder of the Sublet Work either with his own forces or by contract with others Sub
contractor grants General Contractor the option to use all or any part of Subcontractor's tools, equipment, machinery. iii^ierials,
and supplies then in use In performing the Sublet Work and in the event General Contractor elects to us.c all or any pun thereof,
no rental shall be paid or given therefor and no credit accrues therefrom except insofar as the lack of any rental vhaige thus
reduces the cost of completing the Sublet Work. Subcontractor also expressly waives any claim which he could
m con
nection therewith for use of such equipment in whole or Jn pap on other projects *and any profits anticipated U.eicvu during
the period such equipment or any portion thereof are so utilized by General Contractor in accordance with tins piwiaion, In
the event the cost of supplementing or completing the Sublet Work is more than the amount of money Subcontractor i* entitled
to on the price basis provided herein, Subcontractor agrees to pay to General Contractor upon demand the amount ul such excels
cost, and in the event such cost of supplementing or1 completing the Sublet Work Is less than the amount of money Subcuiitrac-
tor ts entitled to on the price basis specified herein, General Contractor agrees to pay Subcontractor upon demand ue amount
of .such difference between price and cost; provided that if General Contractor shalllsupplement or complete the wwrx with his
own forces. General Contractor may charge Subcontractor with an additional ten ('10%) percent of the cost thereul Tin* right
Srnay be exercised from time to time as deemed proper and may be exercised even prior to the time specified for cvmpietiun of
Jrthe Sublet Work, and such exercise shall not be treated as a repudiation of this Subcontract or interference with me Subcon
tractor in the performance of the Sublet Work, and the exercise of such rights shall not be regarded as relieving Suocvmructor
of his duties In respect to the performance of the Sublet Work; iior shall the exerclsejor non-exercise of such right piejvuive any
other remedy the General Contractor or Owner may have, including, without limitation, those specified In the Gend Cuiitraci.
Subcontractor agrees that the decision of the job superintendent.in exercising the rights provided for herein shall oe lml and
conclusive but If Subcontractor objects and disputes the judgment of the Job Superintendent he may appeal thefelrum, within
said \ day period, to an executive officer of General Contractor-designated by the President of General Contractor mid the
written decision of that designated officer after hearing Subcontractor shall be final absent actual fraud. Subcontract agrees
to cooperate fully with General Contractor and not to complain thereafter of the manner or cost of supplementing or completing
the Sublet Work.
11. The employees, representatives and agents of Owner and General Contractor shall not have the power to
uny
obligations of the agreement between the parties for the performance by the Subcontractor of the Sublet Work iu a v-iriul and
workmanlike manner as provided herein. No waiver by the Owner or General Contractor of any breach by the SuU'd*cr of
thii Subcontract, or of any term or condition thereof (whether such waiver be expressed or implied), shall be deemvo iv cunati-
tute a waiver of or consent to any subsequent breach of the same or of any other term or condition of this contract
i: \
12. In the performance of the Sublet Work the Subcontractor is an independent contractor with the right u up<rrise,
manage and control the performance of the details thereof, j General Contractor-and Owner being interested Vnly m the
results of the same and being entitled to Inspect the performance of the Sublet .Work by Subcontractor only t the extent
necessary to assure*such results.
.1
13. Subcontractor shall not subcontract the Sublet Work or any portion thereof, nor assign any portion <jt the mwiiiea
due or to become due under the Subcontract, without the written consent of General Contractor, and any attempt t such
Subcontract or assignment without such consent `shall be void. No subcontract shall relieve Subcontractor of his icsp^nsibility
hereunder.
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14. All written notices between the parties shall be by mail, property stamped, addressed and delivered iv tn< postal authorities, and any such notice shall be effective at midnight of the day during which the notice is so mailed. Such notices hall be addressed to the address shown on page one of this Subcontract, unless written notice has been given of a >. -ddress.
16. Subcontractor shall comply with all applicable laws.j ordinances, rules and regulations of any governmental ngeticy having jurisdiction, and with all terms and conditions of applicable permits, certificates, leases, restrictions, c*cmcis or dedications, and Subcontractor shall indemnify and hold harmless General Contractor and Owner from any fine, pviiuliy, luss, damage or expense resulting from Subcontractor's failure to comply therewith. Subcontractor shall certify thm .11 work is performed in compliance with the provisions of the Pair Labor Standards Act. :!
16. Subcontractor shall carry and maintain throughout the life of this Subcontract, at its own expense, ih>wiik.: in not
less than the amoui... ... Average ti*ren specified, and snail lurmsh certificates of such insurance in duplicate iu
Contractor before comenclng work. Certificates shall bear statements of Insurors to the effect that insurance stun not uc mn-
ceiled, reduced, nor allowed to expire, except upon thirty (30) days written notice delivered to General Contraciur w igi>tered
mall. In the event Subcontractor sublets any part of the Sublet Work, It shall be the duty of the Subcontractor w iv^uiie thui
every such Subcontractor comply with the insurance and other requirements of this Subcontract. Insurance shall tv
with
companies acceptable to General Contractor and Owner. Subrogation against General Contractor, Owner and oti.v. iv.niraciors
performing work in connection with the work described In the. General Contract is hereby waived by Subcontract ami the
policies shall be .endorsed accordingly. The minimum insurance shall be the following amounts and coverage:
t! -- Continued on Page 6 --
00072
Subcontract No_
Page 6 0/ 7
a. Workmen'* Compenaation
. ..
(If marine operations are Involved, endorsement* shi II, provide maritime ,
coverage Including Voluntary-Marine Endorsement, Ou( er Continental Shelf,j
and U. S. Longshoreman's & lUrborworkers Act)
j
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b. Comprehensive Public Liability (endorsed to include contractual and completed
operations coverage hereunder)
(
Bodily Injury ... ................... ..
Property Damage ...
Statutory
. $100,000 per pervh $300,000 per vadetil .$100,000 pel' accident
Automotive (Owned or Non-Owned) Bodily Injury .....................
Property Damage * ... ...... ............. .....
.$100,000 per person $300,000 per accident .$100,000 per accident
d. If Marine vessels are involved: Hull Protection and Indemnity Insurance:.
., I.. Hull.......... .. .rull Value at the vessel
' p 4c I..............Full Value u( the vessel S | but not lees man
! 1 $200,000.
. Other:.
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ffir l 1 17. There shall be no change in the unit prices, if any, described in paragraph 2 of Section I of this Subcontract ou* t any
variances between estimated and actual quantities of the Sublet-Work, and there shall be due and owing from General Cvniiactor
only such sums as result from the application of the unit prices,'if any, described in that paragraph to the quantities uf the Sub
let Work performed for which General Contractor received payment from the Owner. `
;
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18. Subcontractor shall keep the premises under his [control neat and orderly at1 all times and shall remove all wash and
debris daily and at the end of the contract.
J J J,
' 19. Subcontractor agrees to furnish a performance bond w thin ten days should-General Contractor so request m writing,
whether before commencing the Sublet Work or st any time before completing the Sublet Work. Such bond shall be m fwrjn and
with corporate sureties satisfactory to General Contractor, and* in such amount as may be specified by Genera! CunWaciur us
adequate to cover performance of the Sublet Work and any damages that may result from the breach of this subcvnimot. If
immediate delivery is required by the Special Provisions, Subcontractor shall pay th^ premium; If immediate delivery u wjvd
by the Special Provisions, General Contractor shall pay the normal premium if the bond is required by General Contractor *1 a
later date.
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20. Subcontractor shall conform to the highest standards of safety practices In performance of the Sublet Work, und, *pedfIcally, shall conform to all safety practices and requirements of Ihe appropriate governmental agencies, the Owner, unu me Gen eral Contractor. General Contractor's current safety regulations are attached hereto,1,or may l>e Inspected at Genciui Cumrav-
tor's office.
-
111 ! !!
21. The entire agreement between the parties with respect to the work on this project is expressed in this written Subcuhtnjcl,
and it is agreed that this Subcontract has not been based upon any oral representation, promises or statements of any ,i.c ipvu-
sentlng General Contractoi or Owner, and that this agreement is therefore based entirely upon the written document* ..wioiiiui-
ing this Subcontract between the parties, and supersedes all proposals and negotiations not expressly set forth heiem It is
further agreed that this agreement shall not be changed, modified,^abrogated or superseded by any subsequent agreement unless
it be In writing and signed by both parties. In the event a Purchase Order, Work Order or other similar document t* utilized in
conjunction with this Subcontract, It Is understood that any printed provisions of such other document have no ap^hsuii.,i> jinl
~ at the printed provisions of this Subcontract form are controlling, but Ihe typewritten or handwritten provision* ui jv.i, fitter
cument shall constitute a part hereof and shall be construed with all of the printed, typewritten and handwritten
imuiis
hereof. Any requirement shown on the drawings, but omitted from the specifications, or any requirement shown in me specifi
cations but omitted from the drawings shall be considered as being required under this agreement as if set forth in i/vth
i ' i'
22. Should there at any time appear to be variation, contradiction or want of agreement in description, dimension* ur v|uantitles of the Sublet Work, Subcontractor agrees to refer Immediately the matter to the General Contractor for decision before
proceeding with the Sublet Work In respect of which the said variation, contradiction or want of agreement exist* The true intention and meaning of the Subcontract shall imply that the Subcontractor will in all respects, supply, construct *110 wniplete the Sublet Work in a workmanlike manner fully satlsfyir..*: ih*;** : ' d functirr. the sublet v/ork *.u :!o..........................Gen eral Contractor. Thus all work which Is manifestly necessary to carry out the intent of the drawing* and ................per
taining to the Sublet Work or which is customarily done in performing this type of work for the Owner or Geneiut v vuiiadur shall be performed by the Subcontractor as a part of the Sublet Work.
23. General Contractor may at ony lime b>- u "Change Order" in writing signed by General Contracmi a .totn.,ii*vd
representative and without notice to the sureties on any bond,, change or issue additional instruction*, change .,,,,v ,,odi-
tionul specifications and plans, and change, omit or require extra or additional work to be performed by Subwi.n..*wi In
such event. General Contractor will have full authority to specify the amount and kind of work to be done, or wimiu-d. the
materials to be used, and the equipment to be furnished us fully as though such changes had been set forth m ii,.> *,t,<.on-
tract. When any change order shall authorize extra or additional work. Subcontractor shall make every effort 1- x-.uipk-te
the sublet work as changed within the lime originally ugreed upon for completion, the time for completion not Ocu.^ o.icnJeJ
unless expressly extended by General Contractor in writing. The General Contractor is authorized to make chunge* ?.* -urk
which do not aubsti -itially increase the cost of the sublet work without the Subcontractor being entitled to anv
wm.
-- Continued on Page 7,--
00073
form J^BIX ol 4*70 R*V. .
Page 7 of 7-
Subcontract He~
l,
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pensation therefor. If such change orders substantially increasi or decrease the cost of the sublet work to Subuuniiwiwi*. there
shall be an increase or decrease in the consideration to subcontractor (I) Un accordance with the unit price*
in
this subcontract agreement or, If Ceneral Contractor agrees that the unit prices, are not applicable, either (2; |.uiuunt to
a lump sum proposal acceptable to Ceneral Contractor or (3) by the actual direct cost ty Subcontractor of sych clu.imv mi the sublet work plus ten percent thereof, which costs directly related thereto will be supported by approved payroll* ..ml paid
invoices on additions to the sublet work and by agreed estimates of labor and materials deleted for decreases m ihe sublet
work. Subcontractor further agrees that no extra work, or changes in the Sublet Work, or in the Subcontract will ivcvguiaed
or paid for unless agreed to In writing and approved by General Contractor and Owner before such work is done or >..ci. changes
are made.
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24. Subcontractor agrees that it will not discriminate agait st any employee or {applicant for employment because vf race, color, creed, national origin, or tex. Subcontractor agrees that l will comply !with all applicable Federal, State nu lvci Fair Employment Practices Act, or similar Act, Rules and Regulatu ns, and whether or not applicable will comply with im KvJeral Civil Rights Act of 1964. The terms and provisions of Executive Order 11240 and any Executive Order superseding .me, are
incorporated herein with respect to any Sublet Work subject thi reto.
25. Regardless of any provision hereof or of any approval hereof the Owner is not a party to this Subcontract .... . ii. Sub contractor agrees that the Owner is under no obligation to Subcontractor. '
26. Subcontractor shall consult with Genera! Contractor and Owner periodically as agreed, or as required oy General Contractor, on Industrial relations, including safety. Subcontractor agrees to enforce industrial`relat!ons, condition* wi employ* ment and standards of safety as prescribed by General Contractor and Owner as /well as any additional standuivt* ot sdfety as Subcontractor may deem necessary for the safe performance of the Sublet Work.
27. Subcontractor agrees to Indemnify and save General Contractor and Owner harmless from claims gruwing out of atent infringements or claims thereto pertaining to the use of any tools,' construction equipment or construction procures >r technique by Subcontractor in the performance of the Sublet Work. || .
28. Subcontractor undertakes, on behalf of Itself, Us related companies and its or their employees, contractui'*, suppliers and agents, not to disclose to any third party or utilize except in connection with the performance of the Suoivi Work, without Owner's prior written consent, any details of "know-how" and specialist or technical Information perunuo* tu the work (whether or not the property of Owner) which may come Into Its or their possession in the course of or in cvimwiion with the performance of the Sublet Work, provided, however, that the foregoing shall not apply to "know-how" and spec ialist or technical information which (l) was In the public domain prior to Its or tjheir receipt thereof In thfi' course uf ur In connection with the performance of the Sublet Work or which subsequently becomes part of the public domain oy publica tion or otherwise except by its or their wrongful act, (U) was In Its or their possession prior to its or their receipt thereof in the course of or In connection with the performance of the Sublet Work or (ilf) are the same as information icceived by
It or them from a third party having no obligation to Owner of secrecy with respect thereto.
29. All disputes, controversies or claims arising out of, retating to, or In' connection with the Subcontract ur (lie uieach thereof, Including, but not by way of limitation, any dispute as the amount due Subcontractor by Genera! Conti betur. >hall be
finally settled by arbitration In accordance with the Rules of Conciliation and Arbitration of the American ArbtUutiuii Asso ciation by the arbitrators appointed in accordance with such Rules. The arbitration shall held at a location at Gci.eiui Con tractor's option. Judgment upon the award rendered may be entered in any Court jhavlng Jurisdiction or application may be
made to such Court for a judicial acceptance of the award and. an order of enforcement, as the case may be Tin* contract
shall be construed under the laws of Texas.
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30. Wherein any Certificate or Progress Payment Invoice of which Subcontractor has received Payment (ii?r<- ha* been included the value of any unfixed materials, equipment or other Items Intended for or placed on the site o< n> work,
such items shall become the property of Owner (for loss or damage to which Subcontractor shall be solely rt*pun*iUj and
such items shall not be removed except for use upon the Sublet Work without the written authority of the Gcneial Con tractor, moreover, construction plant and equipment brought onto the site for the purpose of performing the Sublet Ws.ik shall
no( be removed therefrom until completion of the Sublet Work without the written consent of the General Cumikici.m*
31. The Subcontractor shall be responsible for the correctness of the positions; levels and dimensions of (lie ouUJei Work according to this Subcontract and the written instructions of the General Contractor, notwithstanding that the Sub.oitii..c(wi` may nave been assisted by the General Contractor or any other Contractor In setting oul the same; and if at any tiu.c .......... ihe
performance of the Sublet Work any error shall appear or arise therein, the Subcontractor shall, on being requiiuo tv, do so by the General Contractor, remove and change Ihe Sublet Work (o the satisfaction1 of General Contractor.
APPROVED:
(Rnwv x,
IBv: f Title! Data:
00074