Document DGL1OnZGOe1eELj69RORG5pn
A SS R District $1 * 2H-6/S3
INSTHICTICKS: Attich ud fariird ith Inquiry Fora No. 352* To be completed end returned * contrector'e proposal.
CONTRACT FOR
ERECTION OF 1952 ROASTER AND REVERBERATORY PLATE TREATER BUILDING AND EQUIPMENT
at
AMERICAN SMELTING AND REFINING COMPANY'S __________EL PASO at ELPASO, TEXAS
Page 1 Plant
THIS AGREEMENT, made the
day of September _> 19.55
by and between SOUTHWESTERN TRANSFER COMPANY, INC,
whose address Is
I7i0 *** Aeeaue, El Paao. Teo*
(hereinafter called the "Contractor") and AMERICAN SMELTING AND REFINING COMPANY,
a corporation of the State of New Jersey, whose address is 120 Broadway, New York
5, N.Y. and
P. Q Ben ill I, El Peeo, Teaaa___________
(hereinafter called the "Owner"),
WITNESSETH: The Contractor and Owner agree as follows:
Article 1. Scope of the Work
The Contractor shall furnish all plans, engineering, labor, tools, equip
ment and materials, except such items as are hereinafter listed as being furnished
or furnished and installed by the Owner, for
PL Tr< Bldg.,
(hereinafter called the "work") at the _______
El P4
plant
of the Owner at _____ El P>Q Iw................. ............................................as shown on the
drawings and specifications (attached hereto) (entitled Exhibit ^'A**
furnished byAmerlon Smelting li Refining Coand dated ' Jaly'27,
-------- ' J
and shall erect, install, and complete the work in good and workmanlike manner and
in compliance with all applicable codes, rules, regulations and ordinances.
Article 2. Time of Completion
The work shall be commenced and shall be substantially completed
*955 _____________________
peeeible
ASARCO ELP 0008454
Page 2
Article 5. Payment
The Owner shall pay the Contractor for the performance of this contract,
the sum of Forty Thr Thousand Five Hundred Sixty Seven and 67/100 dollars lawful money of the United States of America within ten (10)
days after satisfactory completion of the work and submission by the Contractor of evidence (including, if requested, complete releases of all liens arising out of or in connection with the work by all persons firms or corporations on whose behalf such liens could have been or be filed) satisfactory to the Owner that all payrolls, material bills, and other indebtedness connected with the work have been paid and that the work is free of all liens and encumbrances.
The Owner may withhold payment to the extent necessary to protect the Owner from loss on account of damage to the work, or to the person or property of the Owner, claims or probable claims arising from damage to another contractor, or any other person, which is in any way connected with, grows out of, or. has any thing to do with the execution and performance of this contract by the Contractor or any .subcontractor.
Article h. Liens
If any lien remain unsatisfied after payment has been made, the Con tractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. The Contractor shall, at any time requested by the Owner, deliver a bond satisfactory to the Owner indemnifying it against any lien and expenses occasioned thereby.
Article 5. Title to the Work
Title to all work completed or in the course of construction, and all tools, equipment, or materials on account of which any payment has been made, shall be in the Owner.
Article 6. Inspection and Repair
The Contractor shall provide safe and proper facilities at all times for the inspection of the work by the Owner, and shall as soon as practicable after written notice from the Owner, at his own expense remove, take down, replace and repair any materials or portions of the work which the Owner shall deem unsatis factory or not in conformity with this contract or specifications, and make good all work damaged or destroyed thereby, whether or not there shall be a dispute with respect to any of the foregoing. Any such dispute shall be settled by arbi tration in the manner hereinafter provided.
Article 7. Protection of the Work
The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property from injury or loss arising in connection with this contract. If any loss or expense to the Owner or damage to the property owned by it results from, or in connection with, the performance of this contract by the Contractor, or any subcontractor, the Contractor shall fully indemnify the Owner. If the work is damaged in any manner whatsoever, it shall be repaired at the expense of the Contractor.
ASARCO ELP 0008455
Page 3
The Contractor shall fully save harmless and indemnify the Owner against any expense, loss or damage on account of any claim, demand or suit made hy any person whomsoever including any employee of the Owner, which is in any way connected with, grows out of or has anything to do with the ex ecution and performance of this contract on the part of the Contractor or any subcontractor; and the Contractor agrees that the Owner shall not be liable for any injury, or other loss.or damage of any nature, that might be sustained by the Contractor itself or its employees or subcontractors in the execution and performance of this contract, regardless of whether such injury, loss or damage is caused in whole or in part by negligence on the part of the Owner or its employees.
Article 8. Contractor's Liability Insurance
The Contractor shall maintain such insurance as will protect it from claims under workmen's compensation acts and from any other claims for damages for personal injury, including death, which may arise from operations under this contract, whether such operations be by the Contractor or any subcontractor or anyone directly or indirectly employed by either of them.
Prior to commencement of this work the Contractor shall file with the owner completed certificates of insurance in form of "Insurance Certificate" attached for the Contractor and each subcontractor, and the Contractor and each subcontractor shall provide insurance coverage In the amounts not less than those stated in the attached form.
Article 9- Compliance with Laws and Ordinances
The Contractor shall give all notices and comply with all laws, ordi nances, rules and regulations. Federal, State or Municipal, bearing on the con duct of the work and the performance of this contract and shall bear all fines, penalties and losses incurred by reason of the violation of any such law, ordi nance, rule or regulation. If for any reason the contractor's or any subcon tractor's employees or agents acquire a status imposing liability on the Owner for employer's contributions or taxes under the Federal Insurance Contributions Act, the Federal U ip'-.ployment Tax Act, any State Unemployment Tax Act, or any other Act, the Contractor shall be exclusively liable for, and shall indemnify the Owner against, the same and agrees to comply with all such laws and regula tions so as to relieve the Owner from any and all liability therefor and from the responsibility of making reports or keeping records with respect thereto.
Article 10. Patents
The Contractor shall indemnify, protect and save harmless the Owner from and against any and all claims, losses, costs, damages, expenses, actions, suits or other proceedings, growing out of or resulting from infringement of any patent or other similar industrial property right by the Contractor in the performance of this contract, except that this provision shall not apply to patented articles or processes specified in drawings and specifications furnished by the Owner.
Article 11. Owner's Right to Terminate Contract
If the Contractor should be adjudged a bankrupt, or make an assignment for the benefit of creditors, or if a receiver should be appointed on account of
ASARCO ELP 00084-56
Page 4
tie Ccntract. - '10seller.:y or if a trustee of his property should be appointed
urv'.-'r ~h.-- c
nits*ion or readjustment provisions of the Bankruptcy Act, or if
the "ctor si .my time should refuse or neglect to supply enough properly
shilled
vr f:il -- prosecute the work with diligence or in any other re-
sV'-rt e-.icu'.--. icls'-e rui.-: s-nr.-act, the Owner, without prejudice to any other
re!r.rdy it
havs _ .shall be entitled upon three days' written notice to the Con-
tn ".'.r i t-' ti'r'-;-'.re the cmp'.iymer.t of the Contractor and take possession of the
vcrk a.vl -.1! 'T.a-urials. tools and appliances on the site and finish the work by
whatever i-. .nod the Owner deems expedient. In such case, the Contractor shall
not be entitled t-c re :eive any further parent until the work is finished. If
tne unpaid falsr.ce of the contract price shall exceed the expense of finishing
the work. including 3 ressotable allowance for additional managerial and adminis
trative; rei viv such excess shall be paid to the Contractor. If such expense
shall exceed :uch unpaid balance, the Contractor shall pay the difference to the
Owner
Article 12 Correction of Work after Payment
Ilei*uer payment nor any provision m the contract shall relieve the Con tractor of re., pcorl'oility for faulty materials or workmanship and the Contractor snail rsr.civ any defects due thereto and pay for any damage to other work resulting therefrom, w,.;i''h shall appear within one year from the date of completion. The Owner snsl_ give notice of observed defects with reasonable promptness. Any dis pute under mis article shall be subject to arbitration as hereinafter provided.
Article Id. Arbitration
All questions subject to arbitration under this contract shall be sub mitted to arbitration at the choice of either party to the dispute. Unless other wise provided cy controlling statutes, there shall be one arbitrator who shall be chosen by the American Arbitration Association, whose rules shall be followed.
Article lu. Assignment
The Centraotor shall not assign this contract nor sublet it as a whole without the written consent of the Owner, nor shall the Contractor assign any moneys due oi N; become due it hereunder without the prior written consent of the 'Owner.
Article l*. Or--ordination cf Work
"he Contractor snail conduct his work sc as to cause a minimum of inter ference warn Tomnany operations- Wr.ere such becomes absolutely necessary, per mission to 0.0 --o snail be requested and arrangements made through the Plant Engineer : '-ffloe nor less than seventy-two (72) hours in advance.
Article 1c. 5y tn_ Owner
The Owner agrees to obtain and pay for any building permits required;
to carry fire insurance with extended coverage fully covering the Contractor
and/or hi-, sontractors for 3Vi material and equipment delivered for the job
ai'd for all labor and material brought into the work as their interests may
appear;
to the extent practicable vitnout interference with operations, to
furnin
'cut--icfur, free of charge, for its use during construction, electric -
icy, -ater,, s^eam no. compressed air required for construction purposes, at the
ASARCO ELP 0008457
Page
voltage and pressure currently available at the plant, to a point adjacent to
or within
i y.jfeet of the site, but the Contractor will be required
to make the necessary connections, provide approved shut-off and safety devices
and furnish ana install all temporary lines required to bring them to the point
of use.
Article IT. Additional Provisions
(Add such additional provisions, if any. as the particular job requires).
IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written.
AMERICAN SMELTING AND REFINING COMPANY Owner
|Ol' "
^IGiNL'* - ' By
-i
Director of Purchases
ASARCO ELP 0008458
AML CAN SMELTING AND REFINING COMP,
INSURANCE-CERTIFICATE
AMERICAN SMELTING AND F EFINING COMPANY REQUIREMENTS FOR CONTRACTORS WORKING ON PROJECTS.
THIS IS TO CERTIFY THAT 1HE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO
IV.::--------------------------------------------- sera r
ra
tt;c*-----------------------------------------------------------------------------------
THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING
COMPANY ON CONTRACT-NUMBE R
AT
IF THESE POLICIES ARE CAE CELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS' PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY. SAMUEL METZGER, JR.. 120 BROADWAY, NEW YORK 5. N.Y.
KiND OF INSURANCE
NUMBER
DESCRIPTION OF POLICY
EXP 1 RES
LIMITS OF LIABILITY
CONTRACTOR'S PUBLIC
LIABILITY (COMPREHENSIVE)
6001LY-INJURY
UIU-217 ;^AG
2-13-5U
PROPERTY-DAMAGE CONTRACTOR'S PROTECTIVE LIABILITY
BODILY-INJURY
7IT'!-217 GAG 2-l8-5li SXU-217-CA a 2-18-5L
Each person
s
SEach accident
200*000*00 300*000*00
Each accident S
25*000*00
Each person
$
SEach accident
100*000*00 300*000*00
PROPERTY-DAMAGE AUT0M081LE
'TT *! 'TT7--V
Each accident S
25*000*00
BODILY-INJURY
PROPERTY-DAMAGE WORKMEN'S COMPENSATION
AND EMPLOYER'S LIABILITY
inu-217-2/ o 2-13-5U
r,TT;V?17-V ?-i3-5h
Each person
$
Each accident $
100*000*00 300*000*00
Each accident $
25.000*00
Each accident $
REQUIRED MINIMUM
5100.000 3300.000 S 25.000
5100.000 5300.000 S 25.000
$100,000 $300,000 $ 10.000 COMPLY WITH APPLICABLE
STATE LAW
$ 25.000
C----------------- 9-3-53CITI7.-,'.Tg
jSllA?i?v coring '? TE3 XORK__________________
KEJ
------------------------- STATE------------ -----------'-1
AUTHORIZED REPRESENTATIVE
ASARCO ELP 0008459
AM. CAN SMELTING AND REFINING COMP
___________________________________________
INSURANCE-CERTIFICATE
*
AMERICAN SMELTING AND IEFINING COMPANY REQUIREMENTS FOR CONTRACTORS WORKING ON PROJECTS.
THIS IS TO CERTIFY THAT IHE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO
Southeastern Tvurwfor Co., Ino.
THESE POLICIES ARE NOW II* FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING
COMPANY ON CONTRACT-NUMBE R
AT
IF THESE POLICIES ARE CAIv CELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS' PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY.
SAMUEL METZGER, JR.. 120 BROADWAY. NEW YORK 5. N.Y.
KIND OF INSURANCE
NUMBER
CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE)
BODILY-INJURY
PROPERTY-DAMAGE CONTRACTOR'S PROTECTIVE LIABILITY
BODILY-INJURY
PROPERTY-DAMAGE AUTOMOBILE
DESCRIPTION OF POLICY
EXPIRES
LIMITS OF LIABILITY
Each person
$
sEach accident
Each accident 3
Each person
$
SEach accident
Each accident $
BODILY-INJURY
PROPERTY.DAMAGE WORKMEN'S COMPENSATION
AND EMPLOYER'S LIABILITY
.024920
5-20-5k
Each person
$
Each accident s
Each accident $
State Requirements
Each accident $
RFOII1 RFD MINIMUM
$100,000 0300.000 S 25.000
3100.000 5300.000 S 25.000
3100.000 3300.000 S 10.000
COMPLY WITH APPLICABLE STATE LAW
3 25.000
DATE September U 1953
Texsi Soployera Insurance /eioclation
INSURANCE COMPANY
----gl
pngr,--------------- Texas----------------STATE
-------- --- AUTHORIZED REPRESENTATIVE
s'/ ___si 5^
ASARCO ELP 0008460
quotation'
'
Arartcan Snsltlng and Refining Cnspaiy ?1 Paso, Tfgaa
; Quotation No.- ^ PMO **. ^3
' DateJl August 31. -1553- ` ,
Projart Erection of 19^2 Roaster and , Reverberating plate treater, bldg & equip*
l ocation H Paso plant
We propose to furnish the services as described at prices stated and unless otherwise specified by us, under our regular terms and conditions of acceptance, sale and payment of which are given on reverse side of this quotation.
re propose to furnish all labor and equipment to complete all work described Is American Smelting and Refining Company's exhibit "A" beaded Oarfield, Utah, July 27, 1953,
for the sua of
$ U3,567*67
(Forty-three thousand, five hundred and oixty-eeven dollars
' and sixty-seven cents)
This, price is based on a work wed: of five, eight hour days.
All insurance requested will be furnished*
ASARCO ELP 0008461