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PLAINTIFF'S EXHIBIT 542-7OC0 A Appropriation 5-99k9, ontract No. K-00-76l3"C THIS AGREEMENT, entered into thisd? --day of 1969, by and between ENJAY CHEMICAL COMPANY, hereinafter referred to. as "Enjay," and BROWN & ROOT, INC. hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out here and the payments provided for herein Enjay and Contractor agree as foil S' 1. If any provision of this Agreement incorporates by reference i this Agreement or provides for the attachment hereto of any safety specifi cations, engineering standards, or other documents issued in the name of Humble Oil & Refining Company, then for the purpose of this Agreement, Enjay hereby adopts those documents and any references to "Humble" therein shall be construed as references to Enjay. 2. Contractor agrees to begin immediately and press with due idi1igence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and'maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform ell work In accordance with specifications entitled "Specifi cations for Instrumentation and Electrical Work for Facilities to Inject Natural Gas Into HPU Feed Hydrogen," dated May 2, 1969; Exhibit "A" entitled "General Specifications," dated May 1, 1966; and Exhibit "B" entitled "Facilities to Inject Natural Gas Into HPU Feed Hydrogen," dated May 2, 1969, said specifications and exhibits being attached hereto and made a part hereof. Contractor agrees to begin work on or about Hay 6, 1969, and will make every effort to complete the Contract as specified by Enjay. 3. As consideration for the satisfactory performance and completion of this Contract by Contractor, Enjay agrees to pay Contractor In accordance with the following schedule: A. WAGE RATE SCHEDULES: In accordance with the attached Exhibit D, dated May 5, 1969. NOTES: (l) The "Straight Time" per man-hour rate shall apply for all work performed up to and including kO hours per working week per man, on the "Day Shift." (2) For shift work, a shift differential of $0,lk per hour for straight time and $0.20 per hour for overtime shall be allowed. (3) If the total "normal" Brown S Root expenditures under this Contract do not total $1,000,000 Humble will reimburse Contractor an "additional" amount equal to EXX 900917 1.5% of the total "normal" reimbursable Biown & Root expenditures for labor and supervision, except the sum of the "normal" and "additional" reimburse ments shall not exceed $1,000,000. (4) The "Overtime" per man-hour rate shall apply for all work performed In excess of 40 hours per working week per man, regardless of where prior time may have been worked as long as it was worked for this Contractor. (5) The "working week" begins at midnight Sunday. (6) The rates for supervision and field labor Include direct labor costs; consumable supplies, as shown In Exhibit "C" entitled "Constable Supplies," dated April 1, 1966, copy attached and made a part hereof; Insurance; taxes; overhead, profit; chemical supplies, chemical toilets; office and tool buildings; and tools having an Initial cost of $150 or less. (7) Any costs Involved In obtaining welder procedures, welding procedure qualifications, and welding qualification will be reimbursed as a labor or material Item (including time spent by welders making qualification tests). B. CONSTRUCTION EQUIPMENT LESS OPERATOR: In accordance with the attached Exhibit E, dated November 7, 1968. Rental rates Include all maintenance, fuels, overhead, profit, and taxes. Transportation costs shall be reimbursed at invoice cost plus five percent (5%). Small tools with an Initial cost of over $150 will be reimbursed at a rate of $2.75 per shift per tool. Such tools Include, but are not limited to, I terns of paving breakers, jackhammers, chipping hammers, bevelIng machines, cutting rigs, and impact wrenches. Rental of third party equipment will be reimbursed at invoice cost plus a fee of thirty-five percent (35%) to cover the cost of all maintenance, fuels, lubricants, overhead, profit, taxes, etc., but less operators. All rates are based upon contractor being paid for equipment and tools that are on the site and required for job, whether such items are actually working 100 percent of the time. When an item Is no longer needed, it will be released and rental terminated. Any equipment required for the job, but not listed, will be supplied at rates to be mutually agreed upon. C. SPECIAL EQUIPMENT AND TOOLS OVER $150.00 INITIAL COST: Special construction equipment, such as scaffolding and hauling equipment for heavy non-mobile construction machinery, will be paid for at Contractor's invoice rental price plus a fee of five percent (5%). -la- 0009Iq 0. MATERIALS: All materials. Including form lumber and accessories, fire extin guisher refills, drill bits, welding rod, miscellaneous welding supplies, acetylene, oxygen, argon, and materials required for temporary lighting furnished by Contractor, plus applicable transportation charges to jobsite and sales and use tax applicable thereto, will be paid for at Invoice cost, plus a markeup of five percent {$%) for overhead and profit. Excluded specifically are small tools costing $150 or less and consumable supplies as shown In attached Exhibit "C". (Invoice cost is defined as the net price after all trade discounts, allowances, credits, salvage, and com missions, but not cash discounts, which accrue to Contractor have been subtracted from gross Invoice prices.) All such discounts and credits shall be extended to Enjay even though Contractor, through negligence, does not take advantage of such items. Circum stances beyond Contractor's control which prevent taking advantage of such discounts, etc., shall be reviewed with Enjay . E. SUBCONTRACTS: Contractor will be reimbursed for payments made under subcontracts and agreements for outside shop wark entered into with 1 Enjay,1 s prior approval covering materials and services in connection with the work, plus a fee of five percent (5%). IDLE Tlf FOR SMALL TOOLS Some small tools may be required on the Job full time but used only periodically. These tools are not to be shown on the daily time sheets. INVOICES Contractor shall submit invoices promptly at the end of each month, or as otherwise mutually agreed to by the parties. SUPPORT DATA FOR INVOICES A. LABOR A special payroll form covering a 1-week period will be furnished by Enjay to assist Contractor in preparation of Invoices. All Invoices rendered shall be supported by this special form. Detailed instructions for preparation of the form will be furnished to Contractor before work begins. B. EQUIPMENT AND TOOL FfifTAL A special equipment rental report form covering a calendar week will be furnished by Enjay to assist Contractor in preparation of invoices. All invoices covering equipment and tool rental shall be supported by this special form. Detailed instructions for preparation of the form will be furnished to Contractor before work begins. EXX 000919 C. MATERIALS When materials furnished by Contractor are delivered to the Jobsite, or as soon thereafter as practical, the Contractor shall have a representative of Ejay sign a shipping notice, bill of lading, material received report, or other document that describes and lists the material received. This signed document, attesting that such material was received by Humble, shall be attached to Contractor's invoice when submitted to Enjay . AUDIT CLAUSE Enjay and jts duly authorized representatives shall have access to the books, payrolls, and other records maintained by Contractor and Its affil iates which relate to the costs and expenses of this Contract, and shall have the right to audit such books, payrolls and records at any reasonable time or times during the Contract period and for a two-year period after completion of this Contract. -lc EXX 000920 542-7000- ' A 4. Contractor shall observe all refinery safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations," dated June 1, 1966, a copy of which' is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regu lations" shall apply to all subcontractors and their employees as well as to the prime contractor and its employees. Contractor shall notify its em ployees, its subcontractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside Enjay's Baytown Chemical Plant until such notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent iniurv or death to persons or damage to property. Neither compliance with such regu lations by Contractor nor Enjay's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 5. Although Contractor shall provide its own representative 6r repre sentatives to supervise and inspect all materials and workmanship (entering into this job, Enjay reserves the right to have an inspector on the job. Any material which Enjay considers unsatisfactory shall be removed and replaced at Contractor's expense. Neither inspection, waiving of inspection, nor acceptance by Enjay shall relieve Contractor of its obligation to furnish all materials and workmanship in accordance with specifications. 6. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Enjay's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Enjay being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and Enjay agree as follows: A. Contractor agrees to indemnify and hold Enjay harmless from all claims, actions, demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negli gence or willful acts of Enjay or its employees. (2) From (a) injuries to or deaths of persons, including em ployees and representatives of Enjay, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Enjay and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Contractor shall not be responsible for damage to Enjay's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which results in whole or in part from willful acts or the negligence of Contractor, its employees, agents or subcontractors, in connection with the handling and use of utilities furnished by Enjay, except that Contractor shall not be responsible or liable for such damage to Enjay's property resulting from fire or explosion. -2EXX 000921 542-700C-Z B. In addition Contractor agrees to carry insurance as follows: (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liabi 1-ity Act and all amendments thereto. (2) Comprehensive General Liability Insurance (including Con tractors' Protective^Liabi1ity when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than $ 100,000 for one person injured or killed and, subject to such limit, $ 100,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $ 100,000 for each accident, and $ 100,000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of no^ less than $100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or'killed in any one accident, and (b) Property damage liability with limits of not less than $50,000 for each accident. C. Prior to commencing work hereunder. Contractor shall produce evidence in a form satisfactory to Enjay that all insurance required under this agreement is in force and carried with companies acceptable to Enjay and that such insurance will not be materially altered or cancelled while the work covered hereby is in progress without a reasonable prior written notice to Enjay. Upon request of Enjay, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Enjay shall have the right to procure same and deduct the cost there of from the consideration to be paid Contractor hereunder. 7. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Enjay by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Enjay harmless from and against all such claims and 1iens. 8. Contractor agrees that if, in the opinion of Enjay, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or materials for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof, or should not be per forming this contract in the manner herein provided, Enjay may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Enjay should exercise such right, it shall have the right to use all or any part of Con tractor's tools or equipment then in use on the job but shall pay Contractor a -3- EXX 0009g2 542-7000-3 reasonable rental for the use of such tools and equipment during the period of use by Enjay and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Enjay, ordinary wear and tear excepted. Should Enjay take over the completion of said job, or obtain another contractor to do so Enjay shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Enjay shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. 9. Contractor agrees that upon the completion by it and acceptance by Enjay of the work herein contracted for it will furnish Enjay with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Enjay to Contractor, subject, however, to the right in Enjay to with hold payments in accordance with the provisions of Article 5^+69. Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Enjay that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, Enjay, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the valiSe of the work then completed, based upon estimates by Enjay's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 10. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be control 1ing. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire under standing of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 11. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of constituted authority. 12. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Enjay may be required or deems it necessary to pay such taxes or charges, Contractor agrees to furnish Enjay with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Enjay on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Enjay may be required or deems it necessary to pay. In addition, Enjay, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. EXX QQ09S3 342-7000*4 13* In connection with the work provided for hereunder, Contractor (I) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to Enjay, any such material or equipment which may become defective within one (1) year from Enjay1s acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Enjay to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of Enjay's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 14. In the event Enjay loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees: a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; b. That such tools or equipment will be loaned or furnished and accepted by Contractor without warranty or representation by linjay as to their condition; c. To return such tools or equipment to Enjay at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Enjay harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 14, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Enjay may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furni-shed to Contractor by Enjay. 15- Enjay may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Enjay may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Enjay desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 3 above, Contractor shall submit to Enjay an estimate of such increase or decrease. Should Enjay desire to proceed in accordance with such estimate, Enjay shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction therefor. If Contractor has not obtained a Contract Change Order, signed by Enjay's appointed representative, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. "5 EXX 000924 542-7000-3 16. Contractor shall procure Enjay's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this contract, and, as between the parties hereto. Contractor shall be and remain liable as if no such subcontract had been made. No subcontract shall bind or purport to bind Enjay but shall contain a provision permitting assignment thereof by Con tractor to Enjay. 17. It is understood and agreed that Enjay may, upon written notice to Contractor, terminate the work provided for hereunder. In the event of such termination, Contractor shall be reimbursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement in clude prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. ATTEST: BROWN ROOT, INC. r Secretary ENJAY CHEMICAL COMPANY (RCPaulson) -6EXX 000925 542-3 I 33-5 CONTRACTOR'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS X Before me, the undersigned authority, on this day personally appeared L. J. DERt-tu,. known to me to`be the > person whose name is subscribed to the foregoing instrument as Micepresiou.'Qf Brown ft Root, Inc., and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said Brown & Root, lnc. Given under my hand and seal of office, this the day of , A. D., 1969_. (SEAL) Notary Public in annd for Harris County, Texas EXX 000926 842-7000-7 ENJAY'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I Before me, the undersigned authority, on this day personally appeared J?' f'. , __________ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration '> therein expressed, in the capacity stated and as the act and deed of said Enjay Chemical Company. Given under my hand and seal of office, this the S' day of , A.0. , 196. c Jv/' Notary Public in and Harris County, Te>tas i.viary rustic in an<3 fur morns County, Tex My Commission Expires June 1, 19 6. ' EXX 0009gy 542-7003 EXHIBIT "A" GENERAL SPECIFICATIONS May I, 1966 1. Contractor has inspected the site and fully understands the nature of the work, the conditions governing the work, and all other local requirements affecting the work. No additional compensation will be allowed for work that could be reasonably anticipated from visible conditions. 2. All work shall conform to generally accepted practice and shall be completed in every detail. In the event of doubt as to the meaning and intent of any portion of the Construction Agreement, Enjay shall define that which is intended to apply to the work. 3. Contractor shall maintain the construction site in a neat and presentable condition. 4. Upon completion of the work provided for hereunder and before acceptance and final payment, Contractor shall restore, in a manner acceptable to Enjay, a 1*1 property that has been used or damaged during the prosecution of the work; remove from the jobsite all dismantled and surplus materials, debris, and temporary structures resulting from the work; load and stack all dismantled and Enjay-owned surplus materials and debris at a site designated by Enjay; and shall leave the jobsite in a neat and presentable condition. Contractor shall obtain instructions from the CPMD Contact Man for disposal of any left-over materials, including scrap. !. Prior to departure from jobsite, Contractor shall obtain the CPMD Contact Man's concurrence that Contractor has completed satisfactorily all work required by the contract. 6. Upon receipt of material furnished by Enjay, Contractor shall accept full responsi bility for this material and shall provide suitable protection for this material from deterioration, disappearance and other harm. 7. In the event Enjay furnishes critical path schedules or other job plans to Contractor, the Contractor's responsibility for all work covered by said schedules or plans shall be that specified in the contract. 8. Contractor shall provide its own sanitary facilities, properly secluded from observa tion and maintained by Contractor in a sanitary manner as approved by Enjay. 9- Contractor shall provide all temporary buildings necessary for construction purposes. 10. Contractor shall not substitute alternate materials or equipment for those specified without Enjay's prior written approval. 11. All costs of welder qualification shall-be borne by Contractor unless otherwise specified in the contract of which this Exhibit "A" is made a part. 12. Contractor's work shall be executed so as to cause a minimum of interference with the operation of Enjay's equipment. __ -i. No connection shall be made by Contractor to any of Enjay's facilities, such as power lines, pipe lines, sewers, etc., without getting Enjay's prior approval of Contractor's connection method, design and time schedule. EXX 000928 342-7003- t Exhibit "A" (Continued) -2- 14. Signing of this agreement constitutes a waiver by Contractor of any restrictive clauses appearing on drawings, data, or any material submitted by Contractor to Enjay under this agreement; such clauses shall not be binding, nor have any effect upon Enjay; Contractor hereby authorizes Enjay to nullify, obliterate, or otherwise remove any such restrictive clauses. 15. Various industry and/or national codes and standards may be referred to elsewhere in this contract. The requirements contained in any such codes and standards form a part of this contract in the manner and to the extent indicated. Contractor shall obtain copies of the latest edition of such codes and standards and follow them in the execution of the job. "Latest edition" is defined as the latest published edition as of the date of the contract. 16. Contractor's name shall be placed on all motor driven vehicles and other construction equipment such as welding machines, compressors, etc., used by Contractor, unless waived by the CPMD Contact Man. f 17. Welding machines shall be furnished with a 12-lb. CO2 or 20-lb. dry chemical type fire extinguisher attached directly to the machine. 18. Contractor shall work from 7:30 A.M. to 4:00 P.M., Monday through Friday, unless otherwise specified in the contract of which this is made a part, or unless otherwise approved by the CPMD Contact Man. __ J. The holidays listed below shall be observed at the Baytov*i Plants. Contractor shall not work on these days unless otherwise specified in the contract of which this Exhibit "A" is made a part, or unless otherwise approved by the CPMD Contact Man. 0) New Year's Day (2) Good Friday (3) Memorial Day W July Fourth (5) Labor Day (6) Thanksgiving Day (7) Christmas Day (8) The day after Thanksgiving, except when Christmas falls on Tuesday or Thursday, in which event the holiday shall be observed on the preceding Monday or the succeeding Friday, respectively. Holidays falling on Saturday and Sunday shall be observed on Friday and Monday, respectively. 20. Invoices will be paid by Humble Oil 6- Refining Company as disbursing agent for Enjay. EXX 00O9Sg Apri1 1, 1966 EXHI BIT C CONSUMABLE SUPPLIES Consumable supplies are those supplies consumed during the progress of the work which are not directly incorporated into any work of a temporary or permanent nature. It is understood that several items have multiple end uses and, there* fore, in specific situations may be classified as materials of construction or consumable supplies, depending on actual use. The following list, although not all-inclusive, is considered to be representative of the type of items capable of being consumable supplies. Abrasives - Paper or Powder Acids Adapters Adhesives Alcohol Babbitt Badges Bags, Water Bands, Elastic Helmet Barrels, Trash Barrels, Water Batteries Be 11 i ng Belt Dressing Blades, Cutting Brads B rooms Brushes, Paint, Scrub and W!re Bulbs, Light (Elect. & Flashltght) Cables Cans Carbide Carborundum Chalk Chamois Chisels Clamps Cleaning Compound Clips Cloth Coal and Coke Concrete Forms Connectors Co rd Cotter Pins Coup 1ings Crayons Creosote Cups Dies Dippers Dri 11s Electrode Holders Ells, Stove Pipe Extractors, Screw Extension, Cords Face Sh ields Fasteners Faucets Files Fi 1 ters Fire Extinguishers Fittings, Alemtte and Flashlights Flints Flux, Erasing Funnels Fuses Gaskets, Hose Gasoline Glasses Globes, Lantern Gloves G1 ue G1ycerin Goggles Graph!te Grease Grinding Compounds Grinding Wheels Hose Hacksaws and Blades Handles Hasps Helmets1 Hoods, Welder Hinges Hooks Hose (Air, Steam & Water) Hydrated Lime Ice Kerosene Keys Lanterns Latches Lenses Levels Lighters Line, Chalk Liquefied Petroleum Gas Lugs Masks, Gas Mandrels Measurers Menders, Hose Mirrors Mops Nails Needles, Acetylene Nipples, Hose Nozz les EXX 000930 Oils, Lube Oiis, Cutting Oils, Diesel Oils, Fuel Padlocks Pai Is Paper, Sand, Toilet, Writing, etc. Paste Patterns Penci1s Pins, Drift Pul leys Punches Rags Rakes Respi rators RolIers Roofing Paper Rope Rubber Boots Rules Safety Equipment Safety Goggles Salt Tablets and Dispensers Sandpaper Saws Screens Screws 2 Shields, Face Soap Soapstone Solder Stakes Steel Cable Steel Wool Stenci1s Stove Pipe Supplies, Medical Supplies, Office Supplies, Wash Room Tacks Tags Tapes Taps, Bolt Tarpaulins , Thimbles, Wi re Rope Tips, Cutting and Welding Towels Twine Washers Washing Powder Wastes, Wiping Wedges Wheels, Cutting, Grinding, and Emery Wire Water Coolers EXX 000931 ENJAY CHEMICAL COMPANY May 5, 1969 EXHIBIT "D" Classification Craft Foreman Electrician Instrument Fitter Helper (All Crafts) Instrument Technician Straight Time $7.02 6.37 6.37 4.90 8.81 Overtime $9.99 9.07 i 9.07 6.97 11.54 EXX 000932 ENJAY CHEMICAL COMPANY NOVEMBER 7, 1968 EXHIBIT "E" ' CONSTRUCTION EQUIPMENT LESS OPERATOR Current Market. Value Description Hourly Daily 1 3 i 4 1 Weekly Monthly $ 2,200.00 5,000.00 4,700.00 24,200.00 19,725.00 20,065.00 4,120.00 940.00 630.00 600.00 -- 2,300.00 2,655.00 876.00 58,510.00 34,000.00 %-Ton Pick-up----------- ------------------------------- $ 2-Ton Winch Truck----------------------------------2-Ton Flat Bed Dump Truck------------------Tractor and Float----------------------------------5-7-Ton Austin Western Model 210----12-% Ton Mobile Crane--------------------------Combination Backhoe and Front End Loader with 1 cu. yd. Bucket Cat. Model 922 (rubber tired)------600-CFM Air Compressor------------------------125-CFM Air Compressor------------------------200-Amp Gasoline Driven Welding Machine----------------------------------Pipe Threading Machine from V to 2".......................................................... 300-200-Amp Electric Driven Welding Machine--------------------- Pipe Beveling Machine from 8" to 12"........................................................ Cutting Rig Complete----------------------------2" Pneumatic Pump with Suction and Discharge Hoses----------------------------------90-lb. Pavement Breaker----------------------1-Ton Air Tugger------------------------------------2-Ton Air Tugger------------------------------------Blackhawk One-Shot Conduit Bender, %" to 2"--------------------------------600-lb. Sand Blasting Pot, Complete with Hood, Hoses and Nozzles--------3/4" Magnetic Drill Press------------------Wire Line Spinner and Spool--------------25-30-Ton Mobile Crane, Northwest Model 25D----------------------------------------------15-Ton Mobile Crane------------------------------10-12-Ton Galion Model 110 Hydraulic Crane------------------------------------------------------- 1.00 2.20 2.20 8.25 8.00 17.60 17.60 66.00 f 40.00 1-76.00 88.00 387.20 88.00 387.20 Outside Rental 330.00 1,452.00 Outside Rental 8.25 5.50 1.75 66.00 44.00 14.00 330.00 220.00 70.00 1,452.00 968.00 308.00 .75 6.00 30.00 132.00. .75 6.00 30.00 132.00 .50 4.00 20.00 88.00 Small Tool Small Tool 1.50 1.75 12.00 14.00 Small Tool Small Tool 60.00 264.00 70.00 308.00 Small Tool 1.50 12.00 60.00 264.00 Small Tool Outside Rental 13.25 106.00 530.00 2,332.00 Outside Renta] 10.50 84.00 420.00 1,848.00 EXX 000933 A Own. nr BROWN Si ROOT,INC. &n^lnee^ul Cbrid^iMctcrtsi POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE A00RE3S: BROWN81LT November 26, 1969. Contract T-00-4432-C r) i Humble Oil & Refining Company Baytown, Texas *7- Attention: Mr. A. B. O'Brien Gentlemen: We are pleased to offer the following rates for equipment required on above captioned project, such equipment being needed on the job but not covered in the contract. 1TEM HOURLY DAILY WEEKLY MONTHLY DROTT 85 RM-2 HYDRAULIC CRANE $8.50 $68.00 $340.00 . $1472.00 Thanking you for your consideration, we remain, Sincerely, BROWN & ROOT, INC. EE/gs Ed Eas :.^am ' CONTRACT CHANGE ORDER NO.. -A? CONTRACT NO7^-^-^- ^ DATED: A--?or -^P ADDITIONUPttggmi $ Humble Oil & Refining- Ccmprfiy: ^AaPPROVED: o Yk \&/?o f EXCERPTS^I^^. I PROJ. FNO: /? EXX 00^902 Brown & Root, inc. Sn^tnee'id Condta^&yid POST OFFICE BOX S. HOUSTON. TEXAS 77001 - CABLE ADDRESS: BROWNBILT October 24, 1969 Contract G-00-4598-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 TM/ <n______ Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE #1 AMOUNT $187.52 Total this change $187.52 Very truly yours, BROWN & ROOT, INC. EE/gs Attachment Ed Eastham CONTRACT CHANGE ORDER NO________________ CONTRACT NO & 'cc-^^-HTATFTV <>V/-fc ? ADDITION/ (E>c?W5N) $ ../JC.Z'.?'. ______ Humble Oil & RR<efining .Company: t APPROVED: j? EXX 000903 Attention: Mr. H. J, Mason ________i_______ Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE *2 AMOUNT $151.94 Total this change $ 151.94 Very truly yours, BROWN & ROOT, INC. Ed Eastham EE/gs Attachment ;ONr KACT CHANGE ORDER NO... ./IONTRACT NO^yg^J^2^*DATED:, ADDITION/ (DEtfcSSN* $__ L?l0-2jz Humble Oil & Refining Company: ; ^-5 APPROVED:__ _________________________________ DATE:___ Ajd_lj.4______ ____________ cCrpts/A* PROJ. ENG:; OWNER:. ..-J EXX 0009A A Brown & Root, INC. 7 ?4?i< t-rie-e Ccmiitizictozd y POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT November 26, 1969 Contract T-00-4432-C Humble Oil & Refining Company Baytown, Texas Attention: Mr. A. B. O'Brien Gentlemen: Due to an error in hourly rate take off we propose to make the following revision to our equipment quotation dated November 5, 1969. ITEM HOURLY DAILY WEEKLY MONTHLY PILE EXTRACTOR VULCAN MODEL 400-A 3.91 31.28 156.64 667.00 This is Brown and Root owned equipment. Again, I wish to thank you for the consideration shown. Very truly yours, BROWN & ROOT,INC. EE/gs ^CONTRACT CHANGE ORDER NO /9-' ' CONTRACT NOnATFTV//-<R.^"6% ' ADDITION/(DELETION) /%7# J Humble Oil & Refinin / APPROVED: lompanyt AuuoSfl I | EXCERPTS_^4a-s. ^ PROJ. ENG:A<Lfksvc_OWNER:. EXX 00095 EXHIBIT D March 4, 1970 Contract No. T-00-4432-C CLASSIFICATION Superintendent General Foreman Craft Foreman Field Engineer Job Clerk Welder Electrician Electrician Lineman Pipefitter Carpenter Operator - Heavy Operator - Light Truck Driver Concrete Finisher Ironworker - Structural and Rigger Ironworker - Reinforcing Millwright Painter - Brush Painter - Spray Instrument Fitter Helper ( All Crafts ) Laborer Labor Foreman Pipe Detailer Toolroom Man Instrument Technician Brickmason Safety Supervisor Boilermaker STRAIGHT TIME $10.05 7.81 7.49 7.49 5.2i_ 6.85 6.85 6.98 6.85 6.59 6.72 6.08 5.44 6.59 6.72 6.59 6.85 6.40 6.59 6.85 5.12 4.61 6.59 7.49 5.12 9.48 7.10 6.59 6.85 * overt: 10.05 11.16 10.71 10.71 7.50 9.79 9.79 9.97 9.79 9.42 9.61 8.69 7.78 9.42 9.61 9.42 9.79 9.15 9.42 9.79 7.32 6.59 9.42 10.71 7.32 12.41 10.15 9.42 9.79 EXX 000906 Brown & Root, inc. CbjidZ'uicZbvl POST OFFICE BOX 3, HOUSTON. TEXAS 77001 CABLE ADORCSS: 6R0WNBILT February 2, 1970 Contract No. 4432 Humble Oil & Refining Company Baytown, Texas Attention: Mr. A. B. O'Brien Gentlemen: The rates for additional construction equipment needed on this contract are as follows: ITEM HOUR 4" Gasoline driven' Water Pump with hose $1.50 DAY WEEK 12.00 60.00 MONTH 264.00 We submit these rates for your approval and thank you for your usual consideration. Yours very truly, 4 BROWN & ROOT, INC. I fit I f C. E. Littlepage CEL/gs ; CONTRACT CHANGE ORDER NO____ f.7 i CONTRACT DATED: ADDITION / (DELFTrON) $ ____ | Humble Oil & Rs-fining^Company: j APPFv'OVED: ..... .............. j. PROJ. EI''G:./^^.^^irX*/^OVi'NCR- EXX 000907 CONTRACT CHANGE ORDER A / A Change. Order__ 16 ssued January 26, 1970to Contract. _____________ Dated ___________ November 25, 1968 ________________________________ between Humble Oil & Refining Company and Brown & Root, Inc. _______________________________ ______________________________ , Contractor. iUi ni*t, cequipmenit, or cFac.i*l.it.y ,Invol,ved, ______R__e_f_i_n_e__ry:__F__a__c__il_i_t_ie__s__ Contractor is authorized and agrees to make the following additions to or deductions from the work provided under the above Contract, performance of and payment therefor, except as otherwise specified herein, to be subject to all terms and conditions of said Contract: This extends subject Contract through February 27, 1970. ORIGINAL AMOUNT OF CONTRACT ADDITION AMOUNT OF THISaBBKXWWX Unit Price Unit Price IN WITNESS WHEREOF the parties hereto have executed this Change Order the day and year first above written. ACCEPTED: BROWN 6^B,00T, INC HUMBLE OIL & REFINING COMPANY L. J. ABO:aJ (Tills) By. ____ Materials Manager Baytown Renjnery 009a 942-0024 'p/ 4* O' Change Order 20 CONTRACT CHANGE ORDER Issued Harch 20, 1370 APPROPRIATION __________ _______________ WORK REQUEST rnfrnrt T-00-4432-C Dated _________ November 25, 1968 ______________________________________ between Humble Oil & Refining Company and BROWN & ROOT, INC. _______________________________________ ________________________ , Contractor. Unit, Equipment, or Facility Involved FCCU 3 Turnaround Contractor ia authorized and agrees to make the following additions to or deductions from the work provided under the above Contract, performance of and payment therefor, except as otherwise specified herein, to be subject to all terms and conditions of said Contract: Perform work as requested by Humble,and at the times designated,on the FCCU 3 Turnaround which is scheduled to begin April 20, 1970, and end May 2, 1970. The attached specifications entitled "Specifications for FCCU 3 Downtime, Humble Oil & Refining Company, Baytown, Texas," dated March 12, 1970, and Exhibit "B" entitled "FCCU 3 Downtime," dated March 12, 1970, apply to this work. > ORIGINAL AMOUNT OF CONTRACT ADDITION AMOUNT OF THIS KWKMWKXK Unit Price Unit Price IN WITNESS WHEREOF the parties hereto have executed this Change Order the day and year first above written. ACCEPTED: BROUN x Rflnp-1 NT_________________________ Ry ft )i -J t fah . Wat. ' !/ DC S: aj (Tiff!) HUMBLE OIL & REFINING COMPANY ,,,.\iiAkLa MATERIALS MANAGER iirf BAYTOWN REF IjNERY EXX 000909 CONTRACT CHANGE ORDER Unit, Equipment, or Facility Involved ^finery Facilities Contractor is authorized and agrees to make the following additions to or deductions from the work provided under the above Contract, performance of and payment therefor, except as otherwise specified herein, to be subject to all terms and conditions of said Contract: Humble agrees to pay the rates specified in the Exhibit D dated March 4, 1970, attached hereto and made a part hereof. Humble's Safety, Plant Protection and Traffic Regulations for Contractors, dated June 1, 1969, is attached hereto and made a part hereof. Said Regulations supersede replace the earlier edition of said Regulations heretofore a part of this Contract. This to'sK'iw Order 11246- f"xsuant Suppled is: ET flle tUStf Tl.ase sun and return to Q attached, hereto. Plea ORIGINAL AMOUNT OF CONTRACT ............................................................................................ S ADDITION AMOUNT OF THIS RRRWCXJOtX ................................. -................................................................. S tJn!t PrJ^g. Unit PriCC IN WITNESS WHEREOF the parties hereto have executed this Change Order the day and year first above written. ACCEPTED: BROWN & ROOT./-,INC . *y- /") f'-b? AB0:aj (/ (Title) 0 / HUMBLE OIL & REFINING COMPANY ... \Ul\VLJCh HateriaIs Manai^r Baytown Refiner! EXX 000910 A Brown & Root, INC. 7?iaimeevd Co iduc&yu) POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWN8ILT November 26, 1969 1 Humble Oil & Refining Company Baytown, Texas Contract T-00-4432-C Attention: Mr. A. B. O'Brien Gentlemen: Due to an error in hourly rate take off we propose to make the following revision to our equipment quotation dated November 5, 1969. ITEM HOURLY DAILY WEEKLY MONTHLY PILE EXTRACTOR VULCAN MODEL 400-A 3.91 31.28 156.64 667.00 This is Brown and Root owned equipment. Again, I wish to thank you for the consideration shown. Very truly yours, BROWN & ROOT,INC. EE/gs CONTRACT CHANGE ORDER NO /`f_________ CONTRACT ND .J'OC-WSZl- ^naTFn-//-^^- ' ADDITION/(DELETION) S J Humble Oil & Reffjipniing Commppaannyy::, /Xu/ APPROVED: DATE:. | EXCERPTS_&l^. JJl J^PROJ. F N 0: F/im OWN PR- EXX 000011 POST OFFICE BOX 3. HOUSTON. TEXAS 7700] CABLE ADDRESS: BROWNBILT November 26, 1969. Contract T-00-4432-C Humble Oil & Refining Company Baytown, Texas Attention: Mr. A. B. 0*Brien Gentlemen: We are pleased to offer the following rates for equipment required on above captioned project, such equipment being needed on the job but not covered in the contract. ITEM HOURLY DAILY WEEKLY MONTHLY DROTT 85 RM-2 HYDRAULIC CRANE $8.50 ! $68.00 $340.00 $1472.00 Thanking you for your consideration, we remain Sincerely, BROWN & ROOT, INC. EE/gs Ed Eastham CONTRACT NO 7-y/'-^ ^ DATED:. ADDITIONS Humble Oil & Refining' Cemp?*ny: ) EXX 000912 V* Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE #1 AMOUNT $187.52 ! Total this change $187.52 . EE/gs Attachment Very truly yours, BROWN & ROOT, INC. rC Ed Eastham CONTRACT CHANGE ORDER NO____2=-------------CONTRACT Nin Q'OO- ^5%'-^TFn- -//- ? ADDITION/(DfcfcSOTN) $ ------------------- . Humble Oi! & RefinJng_cmpany:^ APPROVED: `" \AW-v- Z^Lzi'CVVNER:. EXX 000913 Brown & Root,inc. &t^ne^ Ccmd&uieCcyM POST OFFICE BOX S. HOUSTON. TEXAS 77001 CABLE ADORESS: BROWNBILT November 10, 1969 Contract G-00-4598-C Humble Oil & Refining Company Baytown, Texas Attention: Mr. H. J. Mason #7- S?*2- Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE #2 AMOUNT $151.94 Total this change $ 151.94 Very truly yours. BROWN & ROOT, INC. Ed Eastham EE/gs Attachment 30NTRACT CHANGE ORDER NO.. / CONTRACT no ^nATrn- 6 ADDITION/ $__ /.SVjL. ?Jt. Humble Oil & Refining Company: APPROVED:__ WjJiA ------------- DATE:. gftffipTfi A^_ \y PROJ. OWNER: A Brown & Root, inc. &n/^one&id POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT May 8, 1969 Contract No. T-00-4432-C Humble Oil & Refining Co. P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: We wish to offer rates on the following classification which is not covered in subject contract but is required for the ( performance of work assigned under contract: CLASSIFICATION STRAIGHT TIME OVERTIME BRICK MASON 6.63 9.44 This classification will be used on Notice #24 and Notice #25 and has been discussed with your jobsite representative. Thanking you for the opportunity of submitting these additional rates, we remain Sincerely, BROWN & ROOT, INC. CEL/bk t 't- ILL:, .'l-t f C. E. Littlepage CONTRACT CHANGE ORDER NO.ZZ----- CONTRACT NO 7^^ ADDITION/ oumble Oil & Refining Company. APPROVED:-. JpPs DATE:. __<z^2_S 'E`xCE^Sy4,t=t, PROJ. FN0\/P'(t-ij CPs'tZTLOWNER: /I j j XX 09lS Unit, Equipment, or Facility Involved I nery Facilities Contractor is authorized and agrees to make the following additions to or deductions from the work provided under the above Contract, performance of and payment therefor, except as otherwise specified herein, to be subject to all terms and conditions of said Contract: This extends subject contract through January 30, 1970, subject to the right of either party to cancel the Contract upon giving thirty (30) days written notice to the, other. ORIGINAL AMOUNT OF CONTRACT ADDITION AMOUNT OF THIS Unit Price Unit Price IN WITNESS WHEREOF the parties hereto have executed this Change Order the day and year first above written. ACCEPTED: BROWN S ROOT. IRC. By. (? ABO:a j (Title) cc: JDGraves HUMBLE OIL & REFINING COMPANY By. t.U U J ('Un^-Tvi! t__ MATERIALS MANAGER (j( BAYTOWN REFINERY EXX 000916 j ___Brown & Root, inc. Z.& POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBIL.T April 21, 1969 Ref: Contract No. T-00-4432-C CONTRACT CHANGE ORDER NO___ /O CON u/ACT NO. T-PP-^TZ-C DATED:. // /iT/fe/ Humble Oil & Refining Co. P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason AuDiTION/ (DELETION) CSs?t/ Humble Oi! & Refining Company: APPROVED: <^77/^ DATE:__ 4-/Z,f/& <7 Gentlemen: EXCERPTS \OJ. ENQWNFR- It has been brought to our a f t e rit i"5riUy"oilr" S'S'fdty' Df>31IfCfflfint that there has been no provisions made to cover safety person nel at the F.C.C.U. No. 2 during the "Turn-Around". We feel that there would be many hours saved by having an attended first-aid station at the job-site to take care of minor acci dents that cannot be avoided on a job of this nature. We propose to furnish a portable building without charge to Humble with the first-aid supplies treated as consumable sup plies. The combination safety supervision and first-aid will be carried as other craft with the following wage rates: CLASSIFICATION STRAIGHT TIME OVERTIME ~ Safety-Supervisor 6.24 8.88 In order that the job will be protected and in anticipation of your approval we have made arrangements for an attended first-aid station at the jobsite commencing Monday morning, April 21, 1969. Thank you for your attention, we remain Sincerely, BROWN & ROOT, INC. EME/bk E. M. Eastham EXX 000952 Brown & ROOT.INC. On^neenJ CcmdZk* POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT March 26, 1969 Contract No. T-00-4432-C Humble Oil & Refining Company Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: We are pleased to offer the following rates for equipment ` required on above captioned project, such equipment being j> needed on the job but not covered in the contract: ITEM HOURLY DAILY WEEKLY MONTHLY Model D-12 Diesel Hammer With Leads $12.00 $96.00 $480.00 $2,112.00 This item has been discussed with your jobsite M & C representa tive. Thanking you for the opportunity of submitting these additional rates, we remain, Yours very truly, BROWN & ROOT, INC. C. E. Littlepage CEL/bk [`contract change ordfr nd ] CONTRACT NO/144:y/<////3- J'7k f ADDITION/ (D42*SN) Humble Oil & Refining Company: APPROVED: date: . EXCERPTS ----------------------------- i^PROJ FNOWNER- " EXX 000953 HUMBLE OIL & REFINING COMPANY REF. T-Q0-4432-C 'APRIL 6, 1969 REVISED EXHIBIT "D" CLASSIFICATION Superintendent General Foreman Craft Foreman Field Engineer Job Clerk Welder Electrician Electrical Lineman Pipefitter Carpenter Operator - Heavy Operator - Light Truck Driver Concrete Finisher Ironworker - Structural Ironworker - Reinforcing Millwright Painter - Brush Painter - Spray Instrument Fitter Helper (All Crafts) Laborer Labor Foreman Pipe Detailer Toolroom Man Boilermaker Instrument Technician STRAIGHT TIME $ 9.357.35' 7.02' 7.02' 4.88' 6.37-' 6.37' 6.50' 6.37 6.24 ' 6.24/ 5.72' 4.62' 6.24' 6.24'' 6.24' 6.37/ 6.05' 6.24' 6.37' 4.90 ' 3.97 ^ 6.24' 7.02 ' 4.28 ' 6.37 ' 8.81 ' OVERTIME $ 9.35' 10.46 ' 9.999.99 ' 6.94' 9.07/ 9.07' 9.25' 9.07 ' 8.88 ' 8.88' 8.14 6.57 8.88 ' 8.88' 8.88' 9.07' J8.61 / 8.88 9.07' 6.97' 5.65' 8.88 ^ 9.99 ' 6.09 9.07 ' 11.54 ' n\ EXX 000954 842-0024 APPROPRIATION __________________________ WORK REQUEST to Controct_J^M!ii^___________ between Humble Oil & Refining Company CROW S ROOT, me. _____________________________ , Contractor. Unit, Equipment, or Facility Involved ______________General Refinery Work Contractor is authorized and agrees to make the following additions to or deductions from the work provided under the above Contract, performance of and payment therefor, except as otherwise specified herein, to be subject to all terms and conditions of said Contract; Humble agrees to pay the rates In revised Exhibit 0 dated April (>, *lS'-'f>. copy of which Is attached hereto and made a part hereof, and which supersedes Exhibit 0 dated November 7. 13&8. ORIGINAL AMOUNT OF CONTRACT ADDITION.,,, AMOUNT OF THIS 'DEDUCTION1........ Unit PrIca Unit Price IN WITNESS WHEREOF the parties hereto have executed this Change Order the day and year first above written. ACCEPTED: c% ROOT, l/,c. HUMBLE OIL & REFINING COMPANY /JK- e- ft AuOraj (Titis) Baytown Refinery EXX 000955 --A mowa'lii.' Brown & Root.inc. &i^nee^ CondZfcurZbM POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT March 6, 1969 Humble Oil rad P. 0. hoat 4019 Baytown, Texas 77520 Criupany Attention: :k. licrsati C. Foots, Materials Manage? Gentlemen: Bef: Contract Mo. T-Q0-4432-C As a result of u careful study of this company's relative position to wages currently being paid on industrial construction work in ths Boustdn-Herrls County area, ths Socrd of Directors( with tha concurrence of ths heads of ths operating divisions of Bmn 6 Soot) have concluded that esrtain hourly wags adjust;neat:: ars sou necessary for tlws company's operations in this area. It is tha intent that on April 6, 1969, hourly wags adjustments will become effective. > are submitting herewith ths revised Exhibit "D" a at ting forth the nanheur rotas effective for ths above rsfcrsncsd contrsct. ids bslisvs that, with the flexibility and versatility vs ars ebls to offsr in construction services, ws can continue to provide you with an sfficisst and competitive ssrvice. We solicit your concurrence of tble change, aed have provided e specs for your acknowledgment and eccsptanes. If ws have your concurrence, plssss return one espy cf this latter as our authority to implement such change. feure very truly. LJB/OMB/aw Zacloeures Accepted: Humble Oil and defining Company 3y___________ Date . , .. / bcc: Ken Kreamalmyer Ollle Bakken Charlie Littlepage Bailey Fleming L. J. Derrick EXX 0C0956 HUMBLE OIL & REFINING COMPANY REF. T-00-4432-C APRIL 6, 1969 REVISED EXHIBIT "D" CLASSIFICATION Superintendent General Foreman Craft Foreman Field Engineer Job Clerk Welder Electrician Electrical Lineman Pipefitter Carpenter Operator - Heavy Operator - Light Truck Driver Concrete Finisher Ironworker - Structural Ironworker - Reinforcing Millwright Painter - Brush Painter - Spray Instrument Fitter Helper (All Crafts) Laborer Labor Foreman Pipe Detailer Toolroom Man Boilermaker Instrument Technician STRAIGHT TIME $ 9.35 7.35 7.02 7.02 4.88 6.37 6.37 6.50 6.37 6.24 6.24 5.72 4.62 6.24 6.24 6.24 6.37 6.05 6.24 6.37 4.90 3.97 6.24 7.02 4.28 6.37 8.81 OVERTIME $ 9.35 10.46 , 9.99 9.99 6.94 9.07 9.07 9.25 9.07 8.88 8.88 8.14 6.57 8.88 8.88 8.88 9.07 8.61 8.88 9.07 6.97 5.65 8.88 9.99 6.09 9.07 11.54 EXX 000957 and BROWN ROOT, INC. Unit, Equipment, or Facility Involved Unit-price contract work , Contractor. Contractor is authorized and agrees to make the following additions to or deductions from the work provided under the above Contract, performance of and payment therefor, except as otherwise specified herein, to be subject to all terms and conditions of said Contract: Perform work In accordance with "Specifications for 2 FCCU and CPU Unit Downtimes, Humble Oil Refining Company, Baytown, Texas," dated March 11, 1969, and Exhibit "B" entitled "2 FCCU and CPU Downtimes," dated March II, 1969, copy of each attached and made a part hereof. < This work is to be started at 7:30 a.m. April 28, 1969, and Is to be completed before May 16, 1969. ORIGINAL AMOUNT OF CONTRACT ADDITION AMOUNT OF THISJWOftttOttBK Unit Price $ Unit Price IN WITNESS WHEREOF the parties hereto have executed this Change Order the day and year first above written. ACCEPTED: BROWN ROOT, U1C. HUMBLE OIL & REFINING COMPANY L. Hr..'-.;VICL (Title) HJM:tk cc: RWParker Materials Manager Baytown Refinery EXX 000958 B & R ,rown oot inc. &n<yoneete Co?i&ucc&yid MOWO-Hk.' POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT February 4, 1969 Contract No. T-00-4432-C Humble Oil & Refining Co. Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: We are pleased to offer the following rates for equipment required on above captioned project, such equipment being needed on the job but not covered in the contract: ITEM HOURLY DAILY WEEKLY MONTHLY T-6 Tractor Dozer $6.00 48.00 240.00 1,056.00 Thanking you for the opportunity of submitting these additional rates, we remain. Yours very truly, BROWN & ROOT, INC. CEL;bj rci C. E. L'ittlepage CONTRACT P.HANCF ORDFR NO CONTRACT NO /V/4 9 ADDITION/ (BSfegaOty Humble Oi! & Re APPROVED: A/?0 rtf& A/set's a r* b/by ; EXCERRTS_^S^Cl PROJ. FNOT*" A/'/'lc &CU.A f^WNFR- -- EXX 000965 Id 'C'*2' Brown & Root, inc. &i^nes^ Cond&iuc&yid POST OPPICE SOX S. HOUSTON. TIXAS 77001 CABLE ADDRESS: BROWNBILT November 9, 1967 Contract B-00-7360-C Butyl Rubber Facilities c<y^- Enjay Chemical Company Baytown, Texas Attention: Mr, A. B. O'Brien Gentlemen: We are pleased to offer the following rate on equipment which is necessary for subject project but on which a rate has not been submitted. International T-6 Tractor W/Dozer $10.00 Hour The immediate use for this machine is for backfilling and cleaning up compressor foundation area. Thanking you for your usual attention, we remain, Yours truly, BROWN & ROOT, INC. CEL:ns CONTRACT CHANGE OROFR run 3" CONTRACT 7^ PATm- /o/t, /> ADDITION/(DELETION) * MEnjay Chemical Company; . ____ ! is-' , ) . tuj,pV. ! I EXX 007122 Brown & Root,inc. 6)np^nee^j' m HOST OWCI SOX , HOUSTON, TSXAS 77001 CASLI AOONISSi SHOWN BICT October 17, 1967^^_^ Contract B-00-7360-C J Enjay Chemical Company Baytown, Texas Attention: Mr. A. B. O'Brien Gentlemen: We wish to submit the following equipment rate which is necessary for subject project in that it will be used for excavation and removal of concrete for compressor foundation. 3 Ton Gradall $15.00 Per Hour Thanking you for your usual attention, we remain, Yours truly, BROWN & ROOT,' INC. CEL:ns (/fc C. E. Lj/ttleplge I CONTRACT CHANGE ORDER N0._^ CONTRACT If/tO DATED ADDITION/ (BCEEWBN) % Enjay Chemical Company: . \ APPROVED: ________ (740 0ATEi-77g//,f,4?--------------------------- EXCERPTS^ 5 PROJ. ENG- A-Qrrt^MMOidHm- <L. Z>+aj EXX 007123 APRRORRIATIONS Mm**'*- 45-9200. 604*5000; WOW REQUE. YU-16212R 8420193 37~-7^47? ^^ Contract No. D-00-4069-C ^ THIS AGREEMENT, entered into this / day of /U- ,-^^lcv-'^ t' 19 67 , by and between HUMBLE OIL & REFINING COMPANY, hereinafter referred to as "Humble," and BROVBI 6 ROOT, INC. , hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein Humble and Contractor agree as follows: 1. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform all work In accordance with the specifications and exhibit* listed below, a copy of *ald apeclflcation* and exhibit* and of each drawing and Baytown Engineering Standard referred to therein being attached hereto md made a part hereof. Das Ignat Ion Specifications Title Specification* for Electrical Work for SO2 Riant No. 1 Expansion and ModernIration, Humble Oil l Refining Company, Baytown, Texas tii September 6, 1967 Exhibit "A" General Specifications February 1, 1966 Exhibit "B" Electrical Services for S02 Riant No. I, September 6, 1967 Expansion cohrietion Including Addendum I October 3, 1967 Contractor agrees to begin work Immediately and will make every effort to complete the Contract by Oecamber 15, 1967. PAYMENT EXX 007124 S42-3 133-1 * 3. Contractor shall observe all refinery safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations," dated June 1, 1966, a copy of which is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regulations" shall apply to all subcontractors and their employees as well as to the prime contractor and its employees. Contractor shall notify its employees, its sub contractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside Humble's Baytown Refinery until such notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such specifications by Contractor nor Humble's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 4. Although Contractor shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, Humble reserves the right to have an inspector on the job. Any material which Humble considers unsatisfactory shall be re moved and replaced at Contractor's expense. Neither inspection, waiving of inspection, nor acceptance by Humble shall relieve Contractor of its obligation to furnish all materials and work manship in accordance with specifications. 5. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Humble's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Humble being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and Humble agree as follows: A. Contractor agrees to indemnify and hold Humble harmless from all claims, actions, demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negligence or willful acts of Humble or its employees. - (2) From (a) injuries to or deaths of persons, including employees and representa tives of Humble, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Humble and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Con tractor shall not be responsible for damage to Humble's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which result in whole or in part from willful acts or the negligence of Contractor, its employees, agents or sub contractors, in connection with the handling and use of utilities furnished by Humble, except that Contractor shall not be responsible or liable for such damage to Humble's property resulting from fire or explosion. B. In addition Contractor agrees to carry insurance as follows: (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. -2- EXX 007125 (2) Comprehensive General Liability Insurance (including Contractors' Protective Liability when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than S 100,000 for one person injured or killed and, subject to such limit, S 100,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than S 100,000 for each accident, and SI 00,000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $ 100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than S 50,000 for each accident. C. Prior to commencing work hereunder, Contractor shall produce evidence in a form satisfactory to Humble that all insurance required under this agreement is in force and carried with companies acceptable to Humble and that such insurance will not be materially altered or cancelled while the work covered hereby is in progress without a reasonable prior written notice to Humble. Upon request of Humble, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Humble shall have the right to procure same and deduct the cost thereof from the consideration to be paid Contractor hereunder. 6. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Humble by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Humble harmless from and against all such claims and liens. 7. Contractor agrees that if, in the opinion of Humble, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or materials for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof,.or should not be performing this contract in the manner herein provided, Humble may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Humble should exercise such right, it shall have the right to use all or any part of Contractor's tools or equipment then in use on the job but shall pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by Humble and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Humble, ordinary wear and tear excepted. Should Humble take over the completion of said job, or obtain another contractor to do so Humble shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Humble shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. -.v EXX 007126 642-9133*3 8. Contractor agrees that upon the completion by it and acceptance by Humble of the work herein contracted for it will furnish Humble with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Humble to Contractor, subject, however, to the right in Humble to withhold payments in accordance with the provisions of Article 5469, Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Humble that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, Humble, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the value of the work then completed, based upon estimates by Humble's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 9. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire understanding of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 10. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of con stituted authority. 11. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Humble may be required or deems it neces sary to pay such taxes or charges, Contractor agrees to furnish Humble with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Humble on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Humble may be required or deems it necessary to pay. In addition, Humble, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. -- 12. In connection with the work provided for hereunder, Contractor (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to Humble, any such material or equipment which may become defective within one (1) year from Humble's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Humble to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of Humble's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 13. In the event Humble loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees: a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; -4- EXX 007127 9 4 2*3 1 33*4 b. That such tools or equipment will be loaned or furnished and accepted by Con tractor without warranty or representation by Humble as to their condition; c. To return such tools or equipment to Humble at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Humble harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 13, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Humble may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by Humble. 14. Humble may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Humble may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Humble desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 2 above, Contractor shall submit to Humble an estimate of such increase or decrease. Should Humble desire to proceed in accord ance with such estimate, Humble shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction therefor. If Contractor has not obtained a Contract Change Order, signed by Humble's appointed representa tive, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. 15. Contractor shall procure Humble's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this contract, and, as between the parties hereto, Contractor shall be and remain liable as if ho such subcontract had been made. No subcontract shall bind or purport to bind Humble but shall contain a provision permitting assignment thereof by Contractor to Humble. 16. It is understood and agreed that Humble may, upon written notice to Contractor, termi nate the work provided for hereunder. In the event of such termination, Contractor shall be reim bursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. BROWN 4 ROOT, INC. ATTEST: SECRETARY By \e - PRESIDENT L. J. DERttiuK ABO: tic HUMBLE OIL & REFINING COMPANY y . .> -- ----------- ,c. L___ u ~ Materials Manager Baytown Refinery -5- EXX 907128 542-3 133-5 CONTRACTOR'S ACKNOWLEDGMENT STATE OF TEXAS { COUNTY OF HARRIS | Before me, the undersigned authority, on this day personally appeared J. Derrm* known to me to be the person whose name is subscribed to the foregoing instrument as MICE president of BROW < ROOT, INC.t and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said Brown t Root, Inc. Given under my hand and seal of office, this the fjL ^ day of ___________ _______________________, A. D. , 196 7. (SEAL) _____ / - >',y rz< , ________ Notary Public in and^for Harris County, Texas EXX 007129 542*3133-6 HUMBLE'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I Before me, the undersigned authority, on this day personally appeared _____ J''' , ' L. ___________ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated and as the act and deed of said Humble Oil & Refining Company. Given under my hand and seal of office, this the /;' ~'^r day V" of A.D. , 196_~? 1 l - l s, g^_ * ,^1 ^ Notary Public in and/or Harris County, Texas ' aNNELISa Vi. JONES r..**'- n anc^ fr* v'3 : ? .. > ^u7tm;sson Expires* ju.-e . i.jf EXX 007^30 O^-TOOOA APPROPRIATION 106-906 J THIS AGREEMENT, entered into this Contract No. ^ay of (f' 'T'i > `L-fCs, 1967, by and between ENJAV CHEMICAL COMPANY, hereinafter referred to. as "Enjay," and BWWN l ROOT, INC. hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein Enjay and Contractor agree as follows: I. If any provision of this Agreement incorporates by reference into this Agreement or provides for the attachment hereto of any safety specifi cations, engineering standards, or other documents issued in the name of Humble Oil & Refining Company, then for the purpose of this Agreement, Enjay hereby adopts those documents and any references to "Humble" therein shall be construed as references to Enjay. 2. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows; Perform work In accordance with the specifications and exhibits listed below. A copy of said specifications and exhibits and of each drawing and Baytown Engineering Standard referred to therein Is attached and made a part hereof. --PBl.!anUuMTtl______________________________________________ Bata Specifications Exhibit "A" Exhibit "B" ' Specifications for Facilities to Increase Butyl Rubber Capacity Package "B", Butyl Plant, RHB, Enjay Chemical Company, Baytown Plant, Baytown, Texas General Specifications Facilities to Increase Butyl Rubber Capacity, RHB, Butyl Plant, Package "B" September I, 1967 Revision I, October 3, 1967 May I, 1966 September 1, 1967 Contractor agrees to start work iMWdlotolf and to complete the various parts as follows: C-2001 Compressor - -- -- -- -- -December 8, 1967 C-IH Compressor ---------- -December 22, 1967 Ethylene Purge Facilities ----- -December 8, 1967 AH coets Involved In obtaining welding procedures, welding procedure qualifications, and welder qualifications wilt be treated as reimbursable Items hereunder. This Includes time spent by welders In taking qualification tests. 3. As consideration for the satisfactory performance and coaptation of this work by Contractor, Enjay agrees to pay Contractor In accordance with the fol.owlwg schedule: A. WAGE RATE SCHEDULE: Field SuperIntendent General Foreman Foreman ______> Far Man-Hour Tlfflt Overtime 8.00 7.10 6.7* 8.00 9.9* 9.*6 EXX 007131 A. WAGE RATE SCHEDULES (Continued) i f icat inn Field Engineer Dataller (Pipe Spooling S> Material Take-ffs) Jab Clerk Tool Room Kan '..'alder Eoilcrmaker Electriel an Pipefitter Ringer Carpenter Heavy Operator Light Operator Truck Driver Helper (all crafts) Laborer $ Per Kan-H n;ir .Straloht Time Overtire 6.74 2-46 6.74 5.21 4.52 6.05 6.05 6.C5 6.05 6.05 5.91 5.91 5.21 4.17 4.52 2.7S 9.45 7.32 6.34 8.43 8.49 S.43 8.49 8.49 8.29 .29 7-32 5.C3 6.34 3.SO NOTE: The "Straight Time" par man-hour shall apply for all work performed up to end Including forty (40) hours per working week per cion. The "Overtime" per iron-hour rate shall apply for ail work performed In excess of forty (40) hours per working week per nan, regardless of where prior tics may have been worked, as long as it was for Contractor's account. The "working week" begins at midnight Sunday. The above rates for supervision and field labor Include direct labor costs; consumable supplies, as shown in Exhibit "C" entitled "Consumable Supplies," dated April 1, 1936, copy attached and mode a part hereof; Insurance; taxes; overhead; profit; chemical supplies; chemical toilets; office and tool buildings; and tools having an Initial cost cf $150 or less. S. CONSTRUCTION EyUlPKSNT LESS OPERATOR: Dnr-erintlon Rate Par Hour 1/2-Von Pickup or Car 2-Ton Wtnch Truck 2-Ton Flat Bed Truck 200 Amo Welding Machine Air Tugger Hellarc Machine 5 - 7-Ton (Model 210 Austin Western)10 - 12-Ton Hydraulic Crcno 25-"on Mobile Crane 505 - 125 Air Compressor Electric Pi pa Sew Pips Threading Machine $ 1.00 2.20 2.20 l .CO 3.00 2.50 10.CC 15.00 16.00 2.50 *^% .C'J 1.00 1.00 -la* EXX 007132 The aQove races are to oe paid for equipment that is on tne s.ite and required for cr.e joo, regardless of whether equipment is actually working ;CC% of the time. When equipment is no longer required, it is to be released and the rental terminated. Rental rates include all maintenance, fuels, overhead, and profit and are based on using the equipment one shift of 8 hours per day, 40 hours per week, or 176 hours per month consisting of a 30-consecutive-day period. C. SPECIAL EQUIPMENT: Special construction equipment, such as scaffolding and hauling equipment for heavy non-mobile construction machinery, will be paid for at Contractor's invoice rental price plus a fee of five percent (5%). D. MATERIALS: Ail materials, including form lumber and accessories, fire extinguisher refills, drill bits, welding rod, acetylene and oxygen, furnished by Contractor, plus applicable transportation charges to joosite and sales and use tax applicable thereto, will be paid for at invoice cost plus a markup of five percent (5%) for overhead and profit. Excluded specifically are small tools costing $150 or less and consumable supplies as shown in attached Exhibit "C". (Invoice cost is defined as the net price after all trade discounts, allowances, credits, salvage, and commissions, but not cash discounts, which accrue to Contractor have been subtracted from gross invoice prices.) All such discounts and credits shall be extended to Enjay even though Contractor, through negligence, does not take advantage of such items. Circumstances beyond Contractor's control which prevent taking advantage of such discounts, etc., shall be reviewed with Enjay. E. TOOLS OVER $150 INITIAL COST: Air and electric power tools-, such as 3-ton chain blocks, jack hammers, vibrators, impact wrenches, air drills, clay spades, and sheeting hammers, furnished by Contractor will be paid for at a rate of $4.00 per eight (8) hour day per tool furnished. F. SUBCONTRACTS: Contractor wi11 be reimbursed for payments made under subcontracts and agreements for outside shop work entered into with Enjay's prior approval covering materials and services in connection with the work, plus a fee of five percent (5%). FOR CT-. E S'L'-ING ON ITEMS "5" AND "E" ! r. some cases, certain tools and equipment will be required on the job or short periods. In these cases where usage is not sufficient to qualify for payment on a monthly basis, the applicaole hourly, daily, and weekly rates snail 5 C LlScC . -lb- EXX 007133 IDLE T I E -CR TOOLS ON ITEM 11 E`1 Some tools may be required on toe joo full time but used only cer iod i cai y . These tools are not to be snown on the daily time sheets. Payment for these rental items will be on a monthly basis'and shall be supported by a monthly statement which has been signed by Contractor and approved by Enjay. SUPPORT DATA FOR INVOICES A. LABOR A special payroll form covering a one-week period will be furnished by Enjay to assist Contractor in preparation of invoices. All invoices rendered shall be supported by this special form. Detailed instructions for preparation of the form will be furnished to Contractor before work begins. 3. EQUIPMENT AND TOOL RENTAL A special equipment rental report form covering a calendar week will be furnished by Enjay to assist Contractor in preparation of invoices. All invoices covering equipment and tool rental shall be supported by this special form. Detailed instructions for preparation of the form will be furnished to Contractor before work begins. C. MATERIALS When materials furnished by Contractor are delivered to the jobsite, or as soon thereafter as practical, the Contractor shail have a representative of Enjay sign a shipping notice, bill of lading, material received report, or other document that describes and lists the material received. The signed document, attesting that such material was received by Enjay, shall be attached to Contractor's invoice when submitted to Enjay. AUDIT CLAUSE Enjay and its duly authorized representatives shall have access to the books, payrolls, and other records maintained by Contractor and its affiliates which relate to the costs and expenses of this Contract, and shall have the right to audit such books, payrolls and records at any reasonable time or times during the Contract period and for a reasonable time after completion of this Contract. EXX 007134 542-7000> 1 A 4. Contractor shall observe all refinery safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations," dated June 1, 1966, a cooy ot which is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regu lations" shall apply to all subcontractors and their employees as well as to the prime contractor and its employees. Contractor shall notify its em ployees, its subcontractors, and the employees of its subcontractors of the provisions of said regulations and shall secure comoliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside Enjay's Baytown Chemical Plant until such notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent iniurv or death to persons or damage to property. Neither compliance with such regu lations by Contractor nor Enjay's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 5. Although Contractor shall provide its own representative or repre sentatives to supervise and inspect all materials and workmanship entering into this job, Enjay reserves the right to have an inspector on the job. Any material which Enjay considers unsatisfactory shall be removed and replaced at Contractor's expense. Neither inspection, waiving of inspection, nor acceptance by Enjay shall relieve Contractor of its obligation to furnish all materials and workmanship in accordance with specifications. 6. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Enjay's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Enjay being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection. Contractor and Enjay agree as follows: A. Contractor agrees to indemnify and hold Enjay harmless from all claims, actions, demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negli gence or willful acts of Enjay or its employees. (2) From (a) injuries to or deaths of persons, including em ployees and representatives of Enjay, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Enjay and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors except that Contractor shall not be responsible for damage to Enjay's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which results in whole or in part from willful acts or the negligence of Contractor, its employees, agents or subcontractors, in connection with the handling and use of utilities furnished by Enjay, except that Contractor shall not be responsible or liable for such damage to Enjay' property resulting from fire or explosion. -2- EXX 007133 042-7000*2 B. In addition Contractor agrees to carry insurance as follows: (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. (2) Comprehensive General Liability Insurance (including Con1 tractors' Protective Liability when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than 100'000 for one person injured or killed and, subject to such limit, $100,000 for more than one person injured or killed in any one accident, and (b) Property damage 1iabi1ity with limits of not less than $100,000 for each accident, and $100,000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $50,000 for each accident. C. Prior to commencing work hereunder, Contractor shall produce evidence in a form satisfactory to Enjay that all insurance required under this agreement is in force and carried with companies acceptable to Enjay and that such insurance will not be materially altered or cancelled while the work covered hereby is in progress without a reasonable prior written notice to Enjay. Upon request of Enjay, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Enjay shall have the right to procure same and deduct the cost there of from the consideration to be paid Contractor hereunder. 7. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Enjay by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Enjay harmless from and against all such claims and 1iens. 8. Contractor agrees that if, in the opinion of Enjay, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or materials for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof, or should not be per forming this contract in the manner herein provided, Enjay may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Enjay should exercise such right, it shall have the right to use all or any part of Con tractor's tools or equipment then in use on the job but shall pay Contractor a -3- EXX 007136 542-7000-3 reasonable rental for the use of such tools and equipment during the period of use by Enjay and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Enjay, ordinary wear and tear excepted. Should Enjay take over the completion of said job, or obtain another contractor to do so Enjay shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Enjay shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. 9. Contractor agrees that upon the completion by it and acceptance by Enjay of the work herein contracted for it will furnish Enjay with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Enjay to Contractor, subject, however, to the right in Enjay to with hold payments in accordance with the provisions of Article 5469, Revised Civil Statutes of 1925. and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Enjay that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, Enjay, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the value of the work then completed, based upon estimates by Enjay's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 10. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be control Iing. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire under standing of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 11. In performing its obligations hereunder. Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of constituted authority. 12. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Enjay may be required or deems it necessary to pay such taxes or charges. Contractor agrees to furnish Enjay with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Enjay on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Enjay may be required or deems it necessary to pay. In addition, Enjay, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. -4- EXX 007137 842-7000-4 13- In connection with the work provided for hereunder, Contractor (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to Enjay, any such material or equipment which may become defective within one (I) year from Enjay's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Enjay to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of Enjay's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 14. In the event Enjay loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees: a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; b. That such tools or equipment will be loaned or furnished and accepted by Contractor without warranty or representation by Enjay as to their condition; c. To return such tools or equipment to Enjay at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Enjay harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 14, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Enjay may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by Enjay. 15- Enjay may from time to time, by written instructions or drawings issued to-Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Enjay may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Enjay desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 3 above, Contractor shall submit to Enjay an estimate of such increase or decrease. Should Enjay desire to proceed in accordance with such estimate, Enjay shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction therefor. If Contractor has not obtained a Contract Change Order, signed by Enjay's appointed representative, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. -5 EXX 007138 B42>70009 16. Contractor shall procure Enjay's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shal1relieve Contractor from any of the obligations of this contract, and, as between the parties hereto, Contractor shall be and remain liable as if no such subcontract had been made. No subcontract shall bind or purport to bind Enjay but shall contain a provision permitting assignment thereof by Con tractor to Enjay. 17. It is understood and agreed that Enjay may, upon written notice to Contractor, terminate the work provided for hereunder. In the event of such termination. Contractor shall be reimbursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement in clude prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. ATTEST: Secretary ENJAY CHEMICAL COMPANY JAP:tk -6EXX 007139 5*2-3133-5 CONTRACTOR'S ACKNOWLEDGMENT STATE OF TEXAS J COUNTY OF HAJUtlS I Before me, the undersigned authority, on this day personally appeared U. J. DERRICK. known to me to be the person whose name is subscribed to the foregoing instrument as yiCEpresident 0f BROWN fc HOOT, INC.( and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said BROW t ROOT, INC.. Given under my hand and seal of office, this the /~2 c-JL day of Lr _____________ , A. D., 1967 (SEAL) -/ / In '.Tt Notary Pub 1ic in and faf Harris Texas County, EXX 007140 D42*7000- 7 ENJAY'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I Before me, the undersigned authority, on this day personally appeared /\ > (~ A A K D X______ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated and as the act and deed of said Enjay Chemical Company. Given under my hand and seal of office, this the //'^r day of ( ' ' , A.D., 196JP? Notary Public in and for Harris County, Texas ANNFLISA M. JONES Notary Public ,n anc for Harr . .'aunty, Texas My Commission Exp.res June i, 19S-f EXX 0071A1 Work Request 48-8142; Appropriation 52-9142 Contract No. T>~ ^ i * THIS AGREEMENT, entered into this day of 1967 , by and between HUMBLE OIL & REFINING COMPANY, hereinafter referred to as "Humble," and BROWN l ROOT, INC. , hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein Humble and Contractor agree as follows: 1. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform all work, as deslgneted by Humble, at FCCU 3 during Turnaround 5. This turnaround Is axpactad to occur starting sometime before October 15. 1967. It Is expected to lest 6-7 weeks. Work Is to be performed on the basis of two 8-hour shifts, six (6) days per week. On a general basis, work Is to be In accordance with "Specif(cations for Cleaning and Repairs to Pressure Vessels and Piping, FCCU No. 3 Turnaround 5, Humble Oil t Refining Company, Baytown, Texas," dated March 16, 1967; Exhibit "A" entitled "General Specifications," dated February I, 1966; and Exhibit "B" entitled "Repairs to Pressure Vessels, FCCU No. 3 Turnaround 5*" dated March 16, 1967, copy of each and of each drawing referred to In the specifications attached and made a part hereof. All costs Involved In obtaining welding procedures, welding pro cedure qualifications, and welder qualf(cations will be treated as reimbursable Items hereunder. This Includes time spent by welders In taking qualification tests. Upon completion of work, all left-over material, Including temporary buildings and structures, which have been paid for by Humble, shall be salvaged and delivered to Humble. PAYMENT 2. As consideration for the satisfactory performance and completion of this work by Contractor, Humble agrees to pay Contractor In accordance with the following schedule: A. WAGE RATE SCHEDULES: ClaffIfIqatlqn Field Superintendent Foreman Job Clerk Tool Room Man Welder Boilermaker Electrician Pipe Fitter $ Per Man-Hour Straight Time Overtime 8.00 6.74 8.00 9.46 5.21 7.32 4.52 6.34 6.05 8.49 6.05 8.49 6.05 8.49 6.05 8.49 EXX 007142 Classification Carpenter Heavy Operator Light Operator Truck Driver Helper Laborer Rigger $ Per Hen-Hour Straight Time OvartIme 5.91 5.91 5.21 4.17 4.52 2.78 6.05 8.29 8.29 7.32 5.85 6.34 3.90 8.49 MOTE: The ''Straight Tima" per man-hour shall apply for all work performed up to and Including forty (40) hours per working week per man. The "Overtime" per man-hour rate shall apply for all work performed In excess of forty (40) hours per working week per man. The "working week" begins at midnight Sunday. The above rates for supervision and field labor Include direct labor costs; consumable supplies, as shown In Exhibit "C" entitled "Consumable Supplies," dated April I, 1966, copy attached and made a part hereof; Insurance; taxes; overhead; profit; chemical supplies; chemical toilets; office and tool buildings; and tools having an Initial cost of $150 or less. The above rates shall be Increased $0.14 per hour on straight time rates and $0.20 per hour on overtime rates for work on the 4-12 p.m. (nominal) shift. B. CONSTRUCTION EQUIPMENT LESS OPERATOR: Description_________________ 1/2-Ton Pickup or Car 2-Ton Winch Truck 2-Ton Flat Bed Truck 200 Amp Welding Machine 10-Ton Hydraulic Crane Air Tugger Hellarc Machine Hourly $ 1.00 2.20 2.20 1.00 13.00 3.00 2.50 -1a- EXX 007143 Rental rates include all ruintcnancc, fuels, overhead and profit , : a.-.o arc cased on using the equipment or,e shift of 8 hours par-day, ' LG hours per week, or \'/o hours per month consisting of a 30-consecutivo-day period, C.. SPECIAL EQUIPMENT: Special construction equipment, such as scaffolding and hauling equipment for heavy non-mobile construction machinery, will be paid for at Contractor's invoice rental price plus a fee of five percent (5%). t 0. MATERIALS: v 0 All materials, including form lumber and accessories, fire extin guisher refills, drill bits, welding rod, acetylene and oxygen, furnished by Contractor, plus applicable transportation charges to jobsite and sales and use tax app'l icable thereto, will be paid for at invoice cost, plus a markup of five percent (5%) for overhead and profit. Excluded specifically are small tools costing $150 or less and consumable supplies as shown in attached Exhibit "C". (In voice cost is defined as the net price after all trade discounts, allowances, credits, salvage, and commissions, but not cash discounts, which.accrue to Contractor have been subtracted from gross invoice prices.) All such discounts and credits shall beextended to Humble even though Contractor, through negligence, does not take advantage of such items,' Circumstances beyond Contractor's control which pre vent taking advantage of such discounts, etc., shall be reviewed with Humbie. . TOOLS OVER $150 INITIAL COST: Air and electric power tools, such as 3"ton chain blocks, jackhammers, vibrators, impact wrenches, air drills, clay spades, and sheeting hammers, furnished by Contractor_wi 11 be paid for at'<the rate of_$4.00 per eight (8) hour day per tool furnished. lb EXX 007144 F. SU5C0MTRACTS: Contractor will be reimbursed for payments mode under subcontracts' end agreements for outside shop wori< entered into with numblo's _. prior approval covering materials and services in connection with the work, plus a fee of five percent (5%). Rates applying to .out side shop work sha11'corrospond with those listed above under "Field Labor." OTHER SILLING ON ITEMS "3" AND "S' In some cases, certain tools and equipment will be required on the job. for short periods, in these cases where usage is not sufficient to qualify for payment on a monthly basis, the applicable hourly, daily, and weekly rates shall be used. I OLE TIM- FOR TOOLS ON ITEM "E" Some tools may be required on the job full time but used only periodically These tools' are not to be shown on the daily time sheets. Payment for these rental items will be on a monthly basis and shall be supported by a monthly statement which has been signed by Contractor and approved by Humble. SUPPORT DATA FOR INVOICES A. Labor A special payroll form covering a 1-week period will 'e furnished by Humble to assist Contractor in preparation of invoices. All invoices rendered shall be supported by this special form. Detailed instructions for preparation of the form will be furnished _____________ to Contractor before work begins. . -1 c- EXX 007145 3. Eculoment ar.d Tool Rental A special equipment rente 1 report form covering a calendar week will be furnished by Humoie to assist Contractor in preparation of invoices. Ail invoices covering equipment and tool rental shall be supported by this special form. Detailed instructions for preparation of the form will be furnished to Contractor before work begins. C. Materials When materials furnished by Contractor are delivered to the jobsite, or as soon thereafter as practical, the Contractor snail nave a representative of Humble sign a shipping notice, bill of lacing, material received report, or other document that describes and lists the material received. This signed document, attesting that such material was received by Humble, shall be attached to Contractor's invoice when submitted to,Humble. AUDIT CLAUSE Humble and its duly authorized representatives shall have access to the books, payrolls, and other records maintained by Contractor and its affiliates which relate to the costs and expenses of this Contract, and shall have the right to audit such books, payrolls and records at any reasonable time or times during the Contract period and for a reasonable time after completion of this Contract. ld- EXX 007146 842*3139* * A 3. Contractor shall observe all refinery safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations,'' dated June 1, 1966, a copy of which is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regulations'' shall apply to all subcontractors and their employees as well as to the prime contractor and its employees. Contractor shall notify its employees, its sub contractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside Humble's Baytown Refinery until such notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such specifications by Contractor nor Humble's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 4. Although Contractor shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, Humble reserves the right to have an inspector on the job. Any material which Humble considers unsatisfactory shall be re moved and replaced at Contractor's expense. Neither inspection, waiving of inspection, nor acceptance by Humble shall relieve Contractor of its obligation to furnish all materials and work manship in accordance with specifications. 5. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Humble's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Humble being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and Humble agree as follows: A. Contractor agrees to indemnify and hold Humble harmless from all claims, actions, demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negligence or willful acts of Humble or its employees. (2) From (a) injuries to or deaths of persons, including employees and representa~ tives of Humble, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Humble and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Con tractor shall not be responsible for damage to Humble's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which result in whole or in part from willful acts or the negligence of Contractor, its employees, agents or sub contractors, in connection with the handling and use of utilities furnished by Humble, except that Contractor shall not be responsible or liable for such damage to Humble's property resulting from fire or explosion. B. In addition Contractor agrees to carry insurance as follows: (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. -2- EXX 007147 342-3 1 33-2 (2) Comprehensive General Liability Insurance (including Contractors' Protective Liability when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than S 100,000 for one person injured or killed and, subject to such limit, Si 00, 000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than Si 00, 000 for each accident, and S 100,000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $ 100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than S 50,000 for each accident. C. Prior to commencing work hereunder, Contractor shall produce evidence in a form satisfactory to Humble that all insurance required under this agreement is in force and carried with companies acceptable to Humble and that such insurance will not be materially altered or cancelled while the work covered hereby is in progress without a reasonable prior written notice to Humble. Upon request of Humble, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Humble shall have the right to procure same and deduct the cost thereof from the consideration to be paid Contractor hereunder. 6. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Humble by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Humble harmless from and against all such claims and liens. 7. Contractor agrees that if, in the opinion of Humble, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or materials for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof,.or should not be performing this contract in the manner herein provided, Humble may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Humble should exercise such right, it shall have the right to use all or any part of Contractor's tools or equipment then in use on the job but shall pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by Humble and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Humble, ordinary wear and tear excepted. Should Humble take over the completion of said job, or obtain another contractor to do so Humble shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Humble shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. -3- EXX 007140 642*3 I 33.3 8. Contractor agrees that upon the completion by it and acceptance by Humble of the work herein contracted for it will furnish Humble with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Humble to Contractor, subject, however, to the right in Humble to withhold payments in accordance with the provisions of Article 5469, Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Humble that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, Humble, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the value of the work then completed, based upon estimates by Humble's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 9. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire understanding of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 10. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of con stituted authority. 11. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Humble may be required or deems it neces sary to pay such taxes or charges, Contractor agrees to furnish Humble with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Humble on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Humble may be required or deems it necessary to pay. In addition, Humble, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. _12. In connection with the work provided for hereunder, Contractor (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to Humble, any such material or equipment which may become defective within one (1) year from Humble's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Humble to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of'Humble's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 13. In the event Humble loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees; a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; -4- EXX 007149 642-31 33-4 b. That such tools or equipment will be loaned or furnished and accepted by Con tractor without warranty or representation by Humble as to their condition; c. To return such tools or equipment to Humble at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Humble harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 13, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Humble may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by Humble. 14. Humble may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Humble may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Humble desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 2 above, Contractor shall submit to Humble an estimate of such increase or decrease. Should Humble desire to proceed in accord ance with such estimate, Humble shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction therefor. If Contractor has not obtained a Contract Change Order, signed by Humble's appointed representa tive, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. 15. Contractor shall procure Humble's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this contract, and, as between the parties hereto, Contractor shall be and remain liable as if ho such subcontract had been made. No subcontract shall bind or purport to bind Humble but shall contain a provision permitting assignment thereof by Contractor to Humble. 16. It is understood and agreed that Humble may, upon written notice to Contractor, termi nate the work provided for hereunder. In the event of such termination, Contractor shall be reim bursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection with-such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. BROUN t ROOT, INC. HUMBLE OIL & REFINING COMPANY 4J' 5 PU R C H ASIN G M AN ACER BAYTOWN REFINERY EXX 007150 642-3 133-5 CONTRACTOR'S ACKNOWLEDGMENT STATE OF COUNTY OF TEXAS HAMMS Before me, the undersigned authority, on this day personally appeared L. J- BEKR1C& known to me to be the person whose name is subscribed to the foregoing instrument as YiCEmSiPEtU of BROWN * ROOT, INC. and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said BROWN t ROOT, INC. Given under my hand and seal of office, this the day of lQw-1*. I967_. CA ruutgtr Notairry\\PPuubbI Iiicc"^inn anncd for HARRIS_____ County, TEXAS EXX 007151 542-3 I 33-6 HUMBLE'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I Before me, the undersigned authority, on this day personally _______ L-_ appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated and as the act and deed of said Humble Oil & Refining Company. Given under my hand and seal of office, this the of > A. D. , 196 /. day / Notary PubTic in and for Harris County, Texas DOROTHY R KEOUOHAN Notary Public in and lor Harris County, Texas My Commission Expires June 1, 1 EXX 007152 rr. ' / h' CONTRACT CHANGE ORDER Change Order 1__________________ Issued JURe 29' 1967 Dated _____ April 20, 1967 and ________ BROWN Er ROOT, INC. Unit, Equipment, or Facility Involved FCCU 3 APPROPRIATION 52-91A2; 48-81A2 WORK REQUEST to Contract------------ C-00-3878-C between Humble Oil & Refining Company , Contractor. Contractor ie authorized and agrees to make the following additions to or deductions from the work provided under the above Contract, performance of and payment therefor, except as otherwise specified herein, to be subject to all terms and conditions of said Contract: Add the following classification under Paragraph 2.A; General Foreman $/Man-Hour_______ Straight Time Overtime TTTO $9.9^ ORIGINAL AMOUNT OF CONTRACT ADDITION AMOUNT OF THISaCOttOOttMC..... Unit Price Unit Price IN WITNESS WHEREOF the parties hereto have executed this Change Order the day and year first above written. ACCEPTED: BROWN S. ROOT, INC. mZ (Title) HUMBLE OIL & REFINING COMPANY By:_________ ~"'CC f, 1 .( Materials Manager 1 Baytown Refinery EXX 007153 CONTRACT CHANGE ORDER Dated Change Order! , Issued April 20, 1967 My 10, 1967 APPROPRIATION WORK REQUEST 5 9142 ZfiRTPiZ- tQ C-00-3878-C between Humble Oil & Refining Company and Brown t Root. Inc. Unit, Equipment, or Facility Involved FCCU 3 Contractor. Contractor is authorized and agrees to make the following additions to or deductions from the work provided under the above Contract, performance of and payment therefor, except as otherwise specified herein, to be subject to all terms and conditions of said Contract: Add the following classifications under Paragraph 2.A: Pipe Spooler and Dataller Field Engineer S Pcr..arHgur Straight Time Overtime 6.74 9.46 6.74 9.46 ORIGINAL AMOUNT OF CONTRACT ADDITION AMOUNT OF THIS BKiSliKXXftX ..... Unit Price Unit Price IN WITNESS WHEREOF the parties hereto have executed this Change Order the day and year first above written. ACCEPTED: BROWN & ROOT. INC, : rA it \ h 4^u HJH-.aj (Title) HUMBLE OIL 8. REFINING COMPANY Ijf Materials Manager Baytown Refinery exx 007154 Brown & Root, inc. Cotvi/^uictoU fost offici aox a. Houston, tsxas 77001 cask adoriss, rrownsilt October 16, 196 Contract Mo. B-' Enjay Chemical Company Baytown, Texas Attention: Mr. A. B. O'Brien Gentlemen: We wish to submit rates on the following Items of labor and equipment which are necessary for subject project but not covered In original contract: Straight time Overtime Painter Instrument Fitter Millwright _ Instrument Technican $ 5.91 6.05 6.05 8.25 $ 8.29 . 8.49 8.49 10.75 6 Sack Sand Blasting Machine 600 C.F. Air Compressor 3.00 6.00 Thanking you for your usual attention, we remain, Yours very truly BROWN & ROOT, INC. CEL:ns CONTRACT CHANGE ORDER NO.=S=------------------- CONTRACT ''/ftfj'C. nATFrv /*>////& ADDITION/(DELETION) % ////V/ r rfz , c e ssccooppee OO'-f C<S0*t-/C. EXX 007155 v r \ " I CONTRACT CHANGE ORDER Change Order 2 May 22, 1967 Issued __________________ Doted ________________ April 20, 1967 and BROWN & ROOT, INC Unit, Equipment, or Facility Involved FCCU 3 appropriations 52*9142; 46--8142 WORK REQUEST to Contract C-00-3873-C between Humble Oil & Refining Company , Contractor. Contractor is authorized and agrees to make the following additions to or deductions from the work provided under the above Contract, performance of and payment therefor, except as otherwise specified herein, to be subject to all terms and conditions of said Contract: Add the following classification under Paragraph 2.B: Description Hourly 5-Ton Austin Western Model 210 $ 10.00 ORIGINAL AMOUNT OF CONTRACT ADDITION AMOUNT OF THISaeOOOWBM ..... Unit Price Unit Price IN WITNESS WHEREOF the parties hereto have executed this Change Order the day and year first above written. ACCEPTED: BROWN S- ROOT, INC. r (' juS/U/tli,,- KJM:tk (Titl.) HUMBLE OIL & REFINING COMPANY Materials Manager Baytown Refinery EXX 007158 Enjay Chemical Company Baytown, Texas Attention: Mr. D. C. Seamans Gentlemen: In accordance with discussion in Contractor's pre-construction meeting this date, we are pleased to offer the following supplemental rates for use on above captioned project: Straight Time Overtime Painter Instrument Fitter Instrument Technician Millwright 600 Cr Air Compressor $5.31 6.05 8.25 6.05 6.00 $8.29 8.49 10.75 8.49 - Thanking you for the opportunity of submitting these additional rates, we remain, Yours truly, BROWN & ROOT, INC. / /r C. E. Littlepage LCEL/ms CONTRACT CHANGE ORDER NO_____ CONTRACT ^'7-C OATED:_l^_Z. | addition; /A- iI Enicy Cr.c-scc: OcDiiccy: -/<?.5 slrf..... PivOJ. \`^trr> rfe>>n v~P- EXX 007157 ilk Brown & Root, inc ran OFFICE BOX a. HOUTON. TEXA* 77001 CABLE ADOBE**, BROWNBILT September 19, 1967 Contract No. B-00-7357 Vistanex Project, Butyl Plant Humble Oil & Refining Company Baytown, Texas Attention: Mr. D. C. Seamans Gentlemen: We wish to quote an additional price for equipment necessary for painting. 6 Sack Sand Blasting Machine $3.00 Hr. Thank you for the opportunity of submitting this additional rate, and we trust that it meets with your approval. Yours truly. BROWN & ROOT, INC. SRF:ns CONTRACT CHANGE ORDER ND 2 CONTRACT Nn/M?-7?S7-CnATc-n. >VW^7 ADDITION / agignnw} * Us>,f ps>e.e. i Humble Oil & Retining Company: EXCERPTS tVJQo PROJ. ENO-^ ffitrroouj^ nuiMrp. EXX 007158 642*7000 A Work Request 732-5000; Appropriations 107-9061 end 107-7061 Contract No. B-00-7357-C THIS AGREEMENT, entered into thiScP^y^ay of Cn v 1ST', by and between ENJAY CHEMICAL COMPANY, hereinafter referred to. as "Enjay," and OWWN t ROOT, INC. hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein Enjay and Contractor agree as follows: 1. If any provision of this Agreement incorporates by reference into this Agreement or provides for the attachment hereto of any safety specifi cations, engineering standards, or other documents issued in the name of Humble Oil S- Refining Company, then for the purpose of this Agreement, Enjay hereby adopts those documents and any references to "Humble" therein shall be construed as references to Enjay. 2. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform all work, as dealgnatad by Enjay, and In accordance with spec!flcatIons ant Itlad "Spaclf(cations for Vlstanax Project, RHB and FHB, Butyl Plant, Enjay ChanIcal Company, Baytown plant, Baytown, Taxas," datad August 28, 1967; Exhibit "A11 anti t lad "Canon! Spacl flections," datad Nay 1, 1966; and Exhibit "B" ontltlad "Spaclflections for Vlstanax Project, RHB and FHB, Butyl Plant," dated August 28, 1967, said spaclfloatIons and exhibits., being attached hereto and made a part hereof. Contractor agrees to begin work Immodtately and to make every effort to complete the work In FHB Unit by October 15, 1967* and to complete remaining work In the RHB Unit by October 25, 1967. All costs Involved In obtaining welding procedures, welding procedure qualifications, and welder qualifications will be treated as reimbursable Items hereunder. This Includes tine spent by welders In taking qualification tests. Upon completion of work, all left-over material. Including temporary buildings and structures, which have been paid for by Enjay, shall be salvaged and delivered to Enjay, PAYMENT 3. As consideration for the satisfactory performance and completion of this work by Contractor, Enjay agrees to pay Contractor In accordance with the following schedule: A. WAGE RATE SCHEDULES: Classification Field Superintendent General Foreman Forenan $ Man-Hour Straight Tima Overtime 8.00 6.00 7.10 6.74 9.94 9.46 EXX 007159 A. WAGE HATE SCHEDULES: (Continued) Classification Field Engl near Deteller (Pipe Spooling 6 Meteriel Take-offs) Job Clerk Tool Room Man Welder Boilermaker Electric!an Pipefitter Rigger Carpenter Heavy Operator Light Operator Truck Driver Helper (all crafts) Laborer $ Per Man-Hour Stralcht Tima Overtime 6.74 9.46 6.74 5.21 4.52 6.05 6.05 6.05 6.05 6.05 5.91 5.91 5.21 4.17 4.52 2.78 9.46 7.32 6.34 8.49 8.49 8.49 8.49 8.49 8.29 8.29 7.32 5.85 6.34 3.90 NOTE: Th "Straight Tina" par man-hour shall apply for all work performed up to and Including forty (40) hours par working waak par man. Tha "Overtime" par man-hour rata shall apply for all work performed In excess of forty (40) hours per working waak par man, regardless of where prior time may have bean worked, as long as It was for Contractor's account. Tha "working weak" begins at midnight Sunday. The above rates for supervision and field labor Include direct labor costs; consumable supplies, as shown In Exhibit "C" entitled "Consumable Supplies," dated April 1, 19^6, copy attached and made a part hereof; Insurance; taxes; overhead; profit; chemical supplies; chemical toilets; office and tool buildings; and tools having an Initial cost of $150 or lass. B. CONSTRUCTION EQUIPMENT LESS OPERATOR: Description 1/2-Ton Pickup or Car 2-Ton Winch Truck 2-Ton Flat Bed Truck 200 Amp Welding Machine Air Tugger Hallarc Machine 5 - 7-Ton (Model 210 Austin Western) 10 - 12-Ton Hydraulic Crane 25-Ton Mobile Crane 105 - 125 Air Compressor Electric Pipe Saw Test Pump Pipe Threading Machine Rate Per Hour $ 1.00 2.20 2.20 1.00 3.00 2.50 10.00 13.00 16.00 2.50 2.00 1.00 1.00 -la- exx 00716 rec . *s-.Ciw.rcc- ror - ' ~ c. V working CC.. o' it is to to re 1 oos. ~o" equipment that is on the ^cureless of whether equipment time. When equipment is no longer ;r,d the rental terminated. jeo i no lcc .............. -- ;:r v.'ec.'i, or . / o c -.or.ee, voclo, overhcocj one pro. it jmcr.t cno shift of 8 hours-per-day, per month consisting of a .vt, such as scaffolding and hauling egw. pr.'.or.z rcr .noovy .no.n,*.Too|. _ construction machinery, will be oc. w .or qi. oo*.qco I... cic_ rental price plus a fee of five 1 ----- - tfo/-\;. u. .**.. . ,,.w > . c- . i> , i *. w . u-. . :crm lumber anc accessories, fire extin'_ . sr.or ror i * s cr; ; : o, zs , vo i c ing rod, acetylene and oxycer,, ? w rr.; $ r.oc oy or.o rac tor > p os -pp. icable transportation charges to ^ goo . to or.c so.os one uso tox opp ic_ able-thereto, wii1 be (paid for at invoice cost, plus a markup of five-percent (5%) for overhead end-profit, Excluded specifically are small tool's costing $150 or less and consumable supplies as shown In attached exhibit "C". (in voice cost is defined as the net price after all trace discounts, c..ov/ances, crecits, salvage, and comm.ssions, but not casn discounts, '.-.r.Ic.h accrue to Contractor have been subtracted from gross invoice .11 suen discounts and credits shall be-extended to E njay iVv.-. tnougn bCr.tr^o,or, *. h. ro.. g*. negligence, does not ,axe s-vc,. cf suer, items.' CI rcums tances beyond Contractor's control which pre vent taking advantage of such discounts, etc.,-shall be reviewed with mnjay- C08S OVER $ ipO i Mi.iA_ CCS. cmw CicCwTi wo, oots, suen os cna;n docks, jscxr.srr.T.ers, vl pact wrenches, air drilIs, clay spades, and sheeting hammers, furnished by Contractor will be paid for-at''the rate of $A-.00 per eig: (8) h our day per tool furnished. EXX 07161 0 <"> c r >- c o r w, i i be , w <. c c. i r p c y ~ c r. c 3 rr* o c c u f* c c r* c u >/< <>. * c c * ^ cr.c cgrcc.v.cr.cs r'or Gucjicc '.vc.'is entered into v/i ch -f.jay's prior cpprovui cove c ar.d sc,-vices in connection witr, zr.c wor.N, p.us c c or five screen: ^5%). Rotes applying to .out side sn.op work shaii correspond'with those listed obove unccr .ooor." C.V ; 7S "5" i r. s cr.'o coses, cerco.r. ico.s ore ccju i p.T.c no wi i be regu rc on z r. c jjc0 D , z- r sr.orc per foes, [n tneso coses wre re usage is not surric/erit to guatlry or payment on a monthly basis, the applicable hourly, daily, and weekly rates *ib* .4, tma/C <uSr C^ ^u. Some tools may be required on the job fuli time but used only periodically .nose tco t s are not to `be snow.t on tne dai ,y time sheets, Payment ror tnese e.ntal items will be or. a montr.ly basis and shall be supported by a monthly .tazemen: which has beer, signed by Contractor and-approved by Enjay-. -rCR, Zr\,eCR INVGlCeS a u c. Co r special payroll form covering a 1-week period will 'e turn I shed by Hr,jay zo assist Contractor in preparation of invoices, Ai i invoices ranee red snail ce supported by znis special rorm. Cecal led instructions for preparation of tha form will be furnished to wen tractor berers w'o r k b e g i n s -1 c- EXX 007162 . \>. ... cove, r i r.' <- c. mr.seed by Enjay to - j'.zz o n trector ; r, e l C . r. . ; , n V 0 . C 0 S CCVw ,* ncCw, prent one toe supported oy tris sp~c'* .; forr.. r.struce i c.ns prop;: tier, or too for.r. wl 1 star berore wor* doc;, ns. urn, c.noc ...nor. .materials rum isr.c jV ucntrcc; be live roe' or as soor, tranccrrcn as precb.ce,, arc uoraraeacr representative of Enjay si or. e shipping notice, bi ,... -o i . / roco i vcu . epo, c > o. r. c r ooc*- o r, t toot o c * too r.-.o to r : o . received* . n; - s . prod doc ur.orit , ottos i_; r. .70 ceric ; was ro cc i vo o by Enjay > shoii o o attecred to Invoice when subr.ittod to Enjay.. cn <j ,COS 1 tc , cr.jay cu . y autror; ooc 2ser,tat:vcs sr :ve :ce$s to tr.e t co .es, t a*' ro i i s , one o t re r rocorcs r.a, r. t o * nee oy wO.n t rector and its err , . ;otes e.*. relate ro are costs and expenses of mis Contract, and shall nave the rirr.t to aec'it such books, payrolls and records at any reasonable time or s'.-.as eurir.3 the Contract period anc tor a reasonable ti.T.is atter completion or EXX 007163 ,c- 942.7000* A 4. Contractor shall observe all refinery safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations," dated June 1, 1966, a coDy of which is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regu lations" shall apply to all subcontractors and their employees as well as to the prime contractor and its employees. Contractor shall notify its em ployees, its subcontractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside Enjay's Baytown Chemical Plant until such notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent iniurv or death to persons or damage to property. Neither compliance with such regu lations by Contractor nor Enjay's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 5. Although Contractor shall provide its own representative or repre sentatives to supervise and inspect all materials and workmanship entering into this job, Enjay reserves the right to have an inspector on the job. Any material which Enjay considers unsatisfactory shall be removed and replaced at Contractor's expense. Neither inspection, waiving of inspection, nor acceptance by Enjay shall relieve Contractor of its obligation to furnish all materials and workmanship in accordance with specifications. 6. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Enjay's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Enjay being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and Enjay agree as follows: A. Contractor agrees to indemnify and hold Enjay harmless from all claims, actions, demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negli gence or willful acts of Enjay or its employees. (2) From (a) injuries to or deaths of persons, including em ployees and representatives of Enjay, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Enjay and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Contractor shall not be responsible for damage to Enjay's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which results in whole or in part from willful acts or the negligence of Contractor, its employees, agents or subcontractors, in connection with the handling and use of utilities furnished by Enjay, except that Contractor shall not be responsible or liable for such damage to Enjay's property resulting from fire or explosion. -2EXX 007164 842-7000-2 B. In addition Contractor agrees to carry insurance as follows: .(I) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. (2) Comprehensive General Liability Insurance (including Con tractors' Protective Liability when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than $100,000 for one person injured or killed and, subject to such limit, $ 100,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $ 100,000 for each accident, and $ 100,000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $50,000 for each accident. C. Prior to commencing work hereunder. Contractor shall produce evidence in a form satisfactory to Enjay that all insurance required under this agreement is in force and carried with companies acceptable to Enjay and that such insurance will not be materially altered or cancelled while the work covered hereby is in progress without a reasonable prior written notice to Enjay. Upon request of Enjay, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Enjay shall have the right to procure same and deduct the cost there of from the consideration to be paid Contractor hereunder. - 7. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Enjay by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Enjay harmless from and against all such claims and liens. 8. Contractor agrees that if, in the opinion of Enjay, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or materials for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof, or should not be per forming this contract in the manner herein provided, Enjay may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Enjay should exercise such right, it shall have the right to use all or any part of Con tractor's tools or equipment then in use on the job but shall pay Contractor a -3- EXX 007165 54 2*7 000* 3 reasonable rental for the use of such tools and equipment during the period of use by Enjay and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Enjay, ordinary wear and tear excepted. Should Enjay take over the completion of said job, or obtain another contractor to do so Enjay shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Enjay shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. 9. Contractor agrees that upon the completion by it and acceptance by Enjay of the work herein contracted for it will furnish Enjay with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Enjay to Contractor, subject, however, to the right in Enjay to with hold payments in accordance with the provisions of Article 5^69, Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Enjay that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, Enjay, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the value of the work then completed, based upon estimates by Enjay's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 10. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be control 1ing. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire under standing of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 11. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, . rules and regulations of constituted authority. 12. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Enjay may be required or deems it necessary to pay such taxes or charges. Contractor agrees to furnish Enjay with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Enjay on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Enjay may be required or deems it necessary to pay. In addition, Enjay, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. k- EXX 007166 842-7000-4 13. In connection with the work provided for hereunder, Contractor (1) guarantees and warrants a 11 material and equipment fabricated by it against defects and agrees to replace, without cost to Enjay, any such material or equipment which may become defective within one (I) year from Enjay's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Enjay to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of Enjay's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 14. In the event Enjay loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees; a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; b. That such tools or equipment will be loaned or furnished and accepted by Contractor without warranty or representation by Enjay as to their condition; c. To return such tools or equipment to Enjay at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Enjay harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 14, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Enjay may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by Enjay. _ 15- Enjay may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Enjay may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Enjay desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 3 above, Contractor shall submit to Enjay an estimate of such increase or decrease. Should Enjay desire to proceed in accordance with such estimate, Enjay shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction therefor. If Contractor has not obtained a Contract Change Order, signed by Enjay's appointed representative, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. -5 EXX 007167 542*7000*5 16. Contractor shall procure Enjay's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this contract, and, as between the parties hereto, Contractor shall be and remain liable as if no such subcontract had been made. No subcontract shall bind or purport to bind Enjay but shall contain a provision permitting assignment thereof by Con tractor to Enjay. 17. It is understood and agreed that Enjay may, upon written notice to Contractor, terminate the work provided for hereunder. In the event of such termination, Contractor shall be reimbursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement in clude prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. BROWN ( ROOT, INC. ATTEST: Secretary Pft6l6CM HOWARD PAYNE Senior Vice President ENJAY CHEMICAL COMPANY DCS:aj Acting Manager Baytown Riant -6- exx 07i6a 5 42- 3 \ 3 3*5 CONTRACTOR 1S ACKNOWLEDGMENT STATE OF TEXAS f COUNTY OF HARMS 1 Before me, the undersigned authority, on this day personally ihiiUtiC f(lUJlC appeared known to me to be the person whose name is subscribed to the foregoing instrument as J.) j!lOi t-lUthtik.of Brawn t- Root, Inc. and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said Brown t Root, Inc.. day of Given under my hand and seal of office, this the / ~~ -/rtttmJ.uv, A. D., 196 7. Notary "Public in and for Hrrl % County, Tmi EXX 007169 842*7000*7 ENJAY'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I Before me, the undersigned authority, on this day personally appeared <r- ' (~> to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated and as the act and deed of said Enjay Chemical Company. Given under my hand and seal of office, this the of , A.D., 196^.. Notary Public in and for Harris County, Texas DOROTHY H. KEOUGHAN Notary Public in and lor Harris County, Texas ? ^My Commission Expires June 1, 196 EXX 007170 The Travelers Indemnity Company Hartford, Connecticut Policy j Number 1 -- RKSLG-^01 ^6l *5 u DECLARATIONS COMPREHENSIVE AUTOMOBILE-GENERAL LIABILITY POLICY Item 1. Samed Insured J Address (No., street, town, county, state) Item 2. Policy Period: Item 3, . Part* 1 Comprehensive LI General Coverages From 1 ^ Bodily Injury Liability j Property Oamage liability! THE M W KELLOGG CO PULLMAN INC 711 THIRD AVE NEW YORK NY DEC "R1 1966 to each 1 eachUmiU of Liability [ j 1 Derson ,nrmrrence arrrerate . 2^0Ml 500M: = 1 lOOMI J 100m:$ A DIVISION OF DEC .* . remivm SEE 1967 '1]! , j 12 01 A.M.r L3 Comprehensive Automobile Bodily Injury Liability Property Damage Liability M Contractual Bodily Injury liability 2c50m1 Liability Property Damage Liability = i Premises $ Medical Payments $ Automobile Medical Payments $ Uninsured Motorists (Damages for Bodily Injury) $ $ Comprehensive Automobile Collision ! ACV Less t ^Physical Firs, Lightning or Transportation ) Damage Theft Combined Additional >$ ) m| = , ADVANCE 500m = t lOOMI 10OMJ PREM each person j M each accident jS each person :S M each person j J^Q M each accident Deductible i 1j $ !j 1 | 1 | \ : The insurance afforded is only with respect to iuch of the Coverage Parts as arp indicated by Symbol Number and the Coverages therein as are indicated by specific premium charge. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this poiicy having reference thereto. In any Limits of Liability space the letter "M" means "Thousands of Dollars" and the letters "ACV" mean "Actual L15A PERSONAL INJURY LIABILITY Cash Value". $ Symbol numb#* of Schtdulai, ndoriemrt, and additional Coverage Port* forming a part of this policy on its effective dot*. SEE END 9380 4l Total Advonc Premium Hem 4. (a) The named insured is: individual Q; partnership ; corporation ; joint venture Q; other: COMPANY (b^ Audit Period: Annual, unless otherwise stated: semi-annual Q; quarterly H;________monthly CZ Item 5. During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein: General Liability Coverage Parts--The declarations are completed on an accompanying schedule designated "General Liability Hazaras '. Automobile Liability Coverage Parts--The declarations are completed on an accompanying schedule designated "Automobile Liability Hazards". tScandard time at the address of the named insured as stated herein. Countersigned by. Keep this declarations page in your "Policy Jacket--Edition July 1, 19<56", Form C-11113. These declarations and all Coverage Parts, Schedules and Endorsements issued to form a part hereof, together with your Poiicy Jacket, form your complete insurance poiicy. C-1I 1 1 5 Edition Jjiy 1. 1966 BI N 'C 3 J 5 EXX 012826 COMPREHENSIVE GENERAL LIABILITY INSURANCE COVERAGE PART I. Coverage A--Bodily Injury Liability Coverage B--Property Damage Liability The company will pay on behalf of the insured all sums whicn the insured shall become legallv obligated to pay as damages because of Coverage A. bodily injury or i j Coverage B. property damage to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. , i Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work per- formed by or on behalf of the named insured will be done in a workmanlike manner; | ! (b) to bodily injury or property damage arising out of the owner ship; maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to the named insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by the named insured; but this exclusion does not apply to the parking of an automobile on premises owned by. rented to or controlled by the named insured or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to the named insured; | | i j (c) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to the named insured; j (d) to bodily injury or property damage arising out of the owner ship. maintenance, operation, use. loading or unloading of any watercraft, if the bodily injury or property damage occurs away from premises owned by. rented to or con trolled by the named insured; but this exclusion does not apply to bodily injury or property damage included within the products hazard or the completed operations hazard or resulting from operations performed for the named insured by independent contractors or to liability assumed by the insured under an incidental contract; (t) to bodily injury or property damage due to war. whether or not declared, civil war. insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to j i i [ (1) liability assumed b> the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Pay ments provision. ; to bodily injury or property damage for u hich the insured or h:s indemnitee rr.a-> be held liable, as a person or organi zation engaged in the business of manufacturing, dis tributing, selling or serving alcoholic beverages or as an owner or lessor of premises used for such purposes, by reason of the selling, serving or giving of any alcoholic beverage (1 ) in violation of any statute, ordinance or regulation, (2 } to a minor. (3) to a person under the influence of alcohol, or (4) which causes or contributes to the intoxication of any person; (g) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compen sation. unemployment compensation or disability benefits law, or under any similar law; (h) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured, but this exclusion does not apply to liability assumed by the insured under an incidental contract; (i) to property damage to (1) property owned or occupied by or rented to the insured. (2) property used by the insured, or (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by. rented to or con trolled by the named insured; (j) to property damage to premises alienated b> the named insured arising out of such premises or any part thereof. (k) to bodily injury or property damage resulting from the failure of the named insured's products or work completed by or for the named insured to perform the function or serve the purpose intended by the named insured, if such tailure is dje to a mistake or deficiency in any design, formula, plan, specifications, advertising material or printed instructions prepared or developed by any insured; but this exclusion does not apply to bodily injury or property damage resulting from the active malfunctioning oi such products or work; (l) to property damage to the named insured's products arising out of such products or any part of such products: (m) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion there of. or out of materials, parts or equipment furnished in connection therewith; (n) to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the named insured's products or work completed by or for the named insured or of any property of which such products or work form a part, if such products, work or property are withdrawn fr^m the market or from use because of any known or suspected defect or deficiency therein. II, Persons Insured Each oi the following is an injured under this insurance to the extent set forth below: (a) if the named insured is designated in the declarations as an individual, the person so designated but only with respect to the conduct of a business of which he :s the soie pro prietor . ! Continued on page 2 Ll EXX 012827 Page 2 ;b if the named insured is designated in the declarations a a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (ci if the named insured is designated in the declarations as other than an individual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such; (d) any person (other than an employee of the named insured) or organization while acting as real estate manager for the named insured; and (e) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registration law, (i) an employee of the named insured while operating any such equipment in the course of his employment, and (ii) any other person while operating with the permission of the named insured any such equipment registered in the name of the named insured and any person or organization legally responsible for such operation, but only if there is no other valid and collectible insurance available, either on a primary or excess basis, to such person or organization; provided that no person or organization shall he an insured under this paragraph (e) with respect to: (1) bodily injury to any fellow employee of such person injured in the course of his employment, or (2) property damage to property owned by. rented to. in charge of or occupied by the named insured or the employer of any person described in subparagraph (ii). This insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured. Subject to the above provisions respecting "each person" and "each occurrence", the total liability of the company for all damages because of (1) all bodily injury included within the completed operations hazard and (2) all bodily injury included within the products hazard shall not exceed the limit of bodily injury liability stated in the declarations as "aggregate". Coverage B--The total liability of the company for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability statec n the ^ciarations as applicable to "each occurrence". Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of all property damage to which this coverage applies and described in any of the numbered subparagraphs below shall not exceed the limit of property damage liability stated in the declarations as "aggregate": (1) all property damage arising out of premises or operations rated on a remuneration basis or contractor's equipment rated on a receipts basis, including property damage for which liability is assumed under any incidental contract relating to such premises or operations, but excluding property damage included in subparagraph (2) below; (2) all property damage arising out of and occurring in the course of operations performed for the tamed insured by independent contractors and general supervision thereof by the named tnsured, including any such property damage for which liability is assumed under any incidental contract relating to such operations, but this subparagraph (2) does not include property damage arising out of maintenance or repairs at premises owned by or rented to the named insured or structural alterations at such premises which do not involve changing the size of or moving buildings or other structures; (3) all property damage included within the products hazard and all property damage included within the completed operations katard. III. Limits of Liability Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company^s liability is limited as follows: Coverage A---The limit of bodily injury liability stated in the declarations as applicable to "each person" is the limit of the company's liability for all damages because of bodily injury sustained by one person as the result of any one occurrence; but subject to the above provision respecting "each person", the total liability of the company for all damages because of bodily injury sustained by two or more persons as the result of any one occur rence shall not exceed the limit of bodily injury liability stated in the declarations as applicable to "each occurrence". Such aggregate limit shall apply separately to the property damage described in subparagraphs (1), (2) and (3), above, and under subparagraphs (1) and (2), separately with respect to each project away from premises owned by or rented to the named insured. Coverages A and B--For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. Policy Period; Territory This insurance applies only to bodily injury or property damage which occurs during the policy period within the policy territory. C-IU J9 Edition July I. 1966 MmitD k v s i Jt.S. (CGL) EXX 012828 AMENDMENT OF CANCELATION CONDITION (Michigan) \ It is agreed thac the first paragraph of the Cancelation Condition is amended to read as follows: This policy may be canceled by the named insured by mailing to the company written noticp stating when thereafter the cancelation shall be effective. This policy may be canceled by the company by mailing to the named insured at his address last known to the company or its authoriied agent written notice stating when not less than ten days thereafter such cancelation shall be effective. The effective date of cancelation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. This endorsement is executed b> The Travelers Insurance Company as respects insurance afforded by that company only. It is executed by The Travelers Indemnity Company as respects insurance afforded by that company only. The Travelers Insurance Company The Travelers Indemnity Company 3850A C-8428 9-58 Miwrco in y s.a. EXX 012829 3991A REMUNERATION OF EXECUTIVE OFFICERS--TEXAS As respects executive officers in Texas, it is agreed that "1200" shall be substituted for "S300" in the definition of the word "remu neration" in Condition l of the policy. The Travelers Insurance Company The Charter Oak Fire Insurance Company 3901A C-7482 S-64 *flihfE3 J 4 A EXX 012830 CONTRACTUAL LIABILITY INSURANCE COVERAGE PART (Designated Contracts Only) DECLARATIONS SCHEDULE Forming part of Policy \n No. Designation of Contracts Code Premium Bases U) Number (b) Cost Rates ( B.I. ! P.D. 1 1 (a; Per Cc n tract (bj Per SI 00 of Cost 3^^ 5 Advance Premium B.I. i 1 P.D. ALL WRITTEN CONTRACTS EXCEPT THOSE DEFINED .IN THE DEFIN ITION OF THE POLICY SEE END 8000(B) (C) 4. (F) Total | i I. Coverage Y--Contractual Bodily Injury Liability to which this insurance applies, caused by an occurrence, and the Coverage Z--Contractual Property Damage Liability company shall have the right and du:> to defend any jmt against the insured seeking damages on account of such bodily injury or The company wiil pay on behalf of the \n:ured all sums which the property damage, ever, if an*. of the allegations of the ;uu are insured, bv reason of contractual liability assumed by him under a groundless, false or fraudulent, and may make such investigation contract designated in the schedule for this insurance, shait be and settlement of any claim or :uit as it deems expedient, but t.ne come legally obligated to pay as damages because af company snail not be obligate to pay any claim or judgment or Coverage Y. bodily injury or ; to defend any suit after the applicable iimit of the company's liability has been exhausted by payment of judgments or settle Coverage Z. property damage ments (Continued on Page 2) EXX 012831 CONTRACTUAL LIABILITY INSURANCE COVERAGE PART (Designated Contracts Only) DECLARATIONS SCHEDULE Forming part of Policy No- rkm-Q-3013615 ! i | No. I I Designation of Contracts Code | Rates Premium Bases (a) Number ! 1 B.I. 1 | | P.D. 1 j (a) Per Contract Advance Premium B.I. P.D. ALL WRITTEN CONTRACTS EXCEPT THOSE DEFINEO IN THE DEFIN ITION OF THE POLICY SEE END 8000(B) (C) 4 (F) \ Total I. Coverage Y--Contractual Bodily Injury Liability to which this insurance applies, caused by an occurrence, and the Coverage Z--Contractual Property Damage Liability company shall have the right and duty to defend any suit against the insured seeking damans on account of such boduy injury or The company will pa\ on behalf of the insured ail sums which the prooer'.v even :f any of the allegations of the suit are :n:ured. by reason of contractual liability assumed by him under a groundless, faise or fraudulent, and may make such investigation contract designated in the schedule for this insurance, shall be and settlement of any claim or suit as it deems expedient, but the come legally obligated to pay as damazes because of company shall not be obligated to pav anv claim or judgment or Coverage Y. bodily injury or to defend anv suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settle- Coverage Z. properly demaze i ments. (Continued on Page 2) L3 EXX 012832 PERSONAL INJURY LIABILITY INSURANCE COVERAGE PART ADDITIONAL DECLARATIONS Forming part of Pol.cv N- RK3LQ"301 3^1 5 Coverage * Limits of Liability P. Personal Injury Liability The insurance afforded is only with respect to personal injury arising out of an offense included within such of the following groups of offenses as are indicated by specific premium charge or charges. $ 250,000 each person aggregate S 500,000 general aggregate Insured's Participation * % Groups of Offenses A. False Arrest. Detention or Imprisonment, or Malicious Prosecution B. Libel, Slander, Defamation or Violation of Right of Privacy C. Wrongful Entry or Eviction or Other Invasion of Right of Private Occupancy * t t Minimum Premium $ tTotal Advance Premium Advance Premium INCLUDED IN COMPOSITE INCLUOED IN COMPOSITE The premium stated in the declarations is an estimated premium only. Upon termination of this policy, the earned premium for each group of offenses for which insurance is afforded shall be the following percentages of the basic limits "Owners', Landlords' and Tenants' " and "Manufacturers' and Contractors' " earned bodily injury liability premium. Group A__ 1 S % Group B__ 1 % Group C__ 1 ^ % The premium developed as per above shall be subject to an increased limits of liability factor of- 1.83 L Coverage P--Personal Injury Liability The company will pay on behalf of the injured all sums which the insured shall become legally obligated to pay as damages because of injury (herein called "personal injury'*) sustained by any person or organization and arising out of one or more of the following # offenses committed in the conduct of the named insured*: business: Group A--false arrest, detention or imprisonment, or mali cious prosecution; Group B--the publication or utterance of a libel or slander or of other defamatory or disparaging material, or a publication or utterance in violation of an in dividual's right of privacy; except publications or utterances in the course of or related to advertising, broadcasting or telecasting activities conducted by or on behalf of the named insured; Group C--wrongful entry or eviction, or other invasion of the right of private occupancy; # if such offense is committed during the policy period within the United States of America, its territories or possessions, or Canada, and the company shall have the right and duty to defend any suit against the injured seeking damages on account of such personal injury even if any of the allegations of the suit are ground less, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settle ments. Exclusions This insurance does not apply; (a) to liability assumed by the insured under any contract or agreement; (b) to personal injury arising out of the wilful violation of a penal statute or ordinance committed by or with the knowledge or consent of any injured; (c) to personal tn;ry sustained by any person as a result of an offense directly or indirectly related to the employment of such person by the named insured; (d) to personal injury arising out of any publication or utter ance described in Group B, if the tirst injurious publication or utterance of the same or similar material by or on behalf of the named insured was made prior to the effective date of this insurance; (e) to personal injury arising out of a publication or utterance described in Group B concerning any organization or busi ness enterprise, or its products or services, made by or at the direction of any insured with knowledge of the falsity there of. C 1 19J5 EJit:on July 1. 196G Rev 4-1.19*7 * j * N.S. <?D H. Persons Insured Each of the following is an insured under this insurance to the extent set forth below: (a) if the named insured is designated in the declarations as an individual, the person so designated; (b) if the named insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c) if the named insured is designated in the declarations as other than an individual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such. This insurance does nortpply to personal injury arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured. m. Limits of Liability---Insured's Participation Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain personal injury, or (3) claims made or suits brought on account of personal injury, the total liability of the company for all damages because of all personal injury to which this coverage applies, sustained by any one person or organization, shall not exceed the limit of personal injury liability stated in the declarations as "each person aggregate". Subject to the above provision respecting "each person aggre gate", the total limit of the company's liability under this cover age for all damages shall not exceed the limit of personal injury liability stated in the declarations as "general aggregate". *If a participation percentage is stated in the schedule for the insured, the company shall not be liable for a greater proportion of any loss than the difference between such percentage and one hundred percent and the balance of the loss shall be borne by I the insured; provided, the company may pay the insured's portion ' of a loss tc effect settlement of the loss, and upon notihcation of ! the action taken, the named insured shall promptly reimburse the ! company therefor. rv. Amended Definition When used in reference to this insurance: damages" means only those damages which are payable because of personal injury arising out of an offense to which this insurance applies. L 15A EXX 012833 rn.jL.uiUiVi macuuMl ENDORSEMENT--NEW YORK (Automobile end General Liability Insurance) It is agreed that the premium pertaining to New York for Liability and Medical Payments insurance is subject to discount in accordance with the following procedure: 1. New York Standard Premium. Such premium pertaining to New York computed in accordance with the pro visions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, shall be known as the New York Standard Premium. 2. Total Standard Premium For All States. The Liability and Medical Payments premium computed in accordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, any Automatic Premium Adjustment Endorsement, any Premium Return Plan Endorsement, or other Premium Discount Endorsement, shall be known as the Total Standard Premium. 3. Premium Discount--New York (a) For policy periods of one year or less--The New York Standard Premium shall be subject to the applicable discount percentages for the Total Standard Premium obtained from the Table of "New York Premium Dis count Percentages." (b) For policy periods of more than one year--The New York Standard Premium for each annual period or portion thereof during the policy period shall be subject to the applicable discount percentages stated in said Table of "New York Premium Discount Percentages" opposite the Total Standard Premium for the policies for each such period or portion thereof during the policy period. (c) If retrospective rating is applicable to a part of the premium pertaining to New York, the amounp of premium discount applicable to the New York Standard Premium, exclusive of any premium subject to any retrospec tive rating plan, shall be the difference between (1) the discount determined by applying to the New York Standard Premium the applicable percentages stated in said Table opposite the Total Standard Premium and (2) the discount determined by applying to that portion of the New York Standard Premium which is subject to retrospective rating the applicable percentages stated in said Table opposite so much of the Total Standard Premium as is subject to retrospective rating. (d) The provisions of this endorsement shall not apply in the event the New York Standard Premium is $100 or less and in no event shall the application of the provisions of this endorsement result in an earned premium of less than $100 as applicable to New York. 4. Table--New York Premium Discount Percentages. Stated on Pages 2 and 3 of this endorsement. 5. Policy Numbers RKSLG-3OI36I5 RSLA-5888347 RPCA-4879S7 RCAX-5MOI6 RSLGC-3542115 Estimated Standard Premium Total Applicable Premium Discount Percentages based on Total Estimated Advance Standard Premium: General Liability_________% Automobile Liability--Garages_________% Taxis, Livery, Buses and Long Haul Truckmen_________% All Other Automobile Liability_________% Amending Policy No__ ^^^"30^3^1 5 This endorsement is executed by The Travelers Insurance Company as respects insurance afforded by that companv only; it is executed by The Travelers Indemnity Company as respects insurance afforded by that company only. The Travelers Insurance Company The Travelers Indemnity Company C41SJ 4-41 *r(o k v 1 > EXX 01SS34 New York Premium Discount Percentages (Forming t pert of Endorsement 3760A) Page 2 Toni Standa/d Premium (Sec Note} (i) $1,000 or less 1,050 1,100 1,150 1,200 1,250 1,300 1,350 1,400 1,450 1,500 1,550 1,600 1,650 1,700 1,750 1,800 1,850 1,900 1,950 2,000 2,100 2,200 2,300 2.400 2,500 2,600 2.700 2,800 2,900 3,000 3,100 3,200 3,300 3,400 3,500 3,600 3,700 3,800 3,900 4,000 4,200 4,400 4,600 4,800 5,000 5,200 5,400 5,600 5.800 6,000 6,200 6,400 6,600 6,800 Geaerei Liability (2) o.o% 0.7 1.2 1.6 1.9 2.3 2.6 2.9 3.1 3.4 3.6 3.8 4.0 4.2 4.4 4.6 4.7 4.9 5.0 5.2 5.4 5.6 5.8 6.0 6.2 6.4 6.5 6.7 6.8 6.9 7.1 7.2 7.3 7.4 7.5 " 7.5 7.6 7.7 7.8 7.8 7.9 8.1 8.2 8.3 8.4 8.5 8.8 9.1 9.3 9.5 9.7 9.9 10.1 10.3 10.4 Automobile foLr iaGbailnitcy?* Taxi*. L<very. Bum and Long Haul Truckmen Ail Other Automobile Liability (3) 00% 0.3 0.6 0.7 0.9 (4) o.o% 0.1 01 0.1 0.2 (5) 00% 0.3 0.5 0.7 0.8 1.1 0.2 1.0 1.2 0.2 1.1 1.4 0.3 1.2 1.5 0.3 1.3 1.6 0.3 1.4 1.7 0.3 1.5 1.8 0.4 1.6 1.9 0.4 1.7 2.0 0.4 1.8 2.1 0.4 1.9 2.2 0.4 2.0 2.3 0.5 2.0 2.3 0.5 2.1 2.4 0.5 2.2 2.5 0.5 2.2 2.6 0.5 2.3 2.7 0.5 2.4 2.8 0.6 2.5 2.9 0.6 2.6 3.0 0.6 2.7 3.0 0.6 2.7 3.1 0.6 2.8 3.2 0.6 2.9 3.2 0.6 2.9 3.3 0.7 3.0 3.4 0.7 3.0 3.4 0.7 3.1 3.5 0.7 3.1 3 5 0.7 3.2 3.6 0.7 3.2 3.6 0.7 3.2 3.6 0.7 3.3 3.7 0.7 3.3 3.7 0.7 3.3 3.7 0.7 3.4 3.8 0.8 3.4 3.8 0.8 3.5 3.9 0.8 3.5 3.9 0.8 3.5 4.0 0.8 3.6 4.1 0.9 3.7 4.3 1.2 3.9 4.5 1 4 4.1 4.7 1.6 4.3 4.8 1.8 4.4 5.0 2.0 4.6 5.1 2.2 4.7 5.3 2.3 4.8 5.4 2.5 5.0 5.5 2.6 5.1 Total Standaid Premium (See Note) (i) $7,000 7,200 7,400 7,600 7,800 8,000 8,200 8,400 8,600 8,800 9,000 9,200 9,400 9,600 9,800 10,000 10,500 11,000 11,500 12,000 12,500 13,000 13,500 14,000 14,500 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 24,000 25,000 27,500 30,000 32,500 35,000 37,500 40,000 42,500 45,000 47.S00 50,000 52,500 55,000 57,500 60,000 62,500 65,000 67,500 70,000 72,500 1C-92J2a 4-41 'tiargo a vj.a (Continued on reverse side) General Liability (2) 10.6% 10.7 10.9 11.0 11.1 Automobile Lability (or Carafe* Taxi*. Livery. Buaea and Lon| Haul Truckmen (3) 5.6% 5.7 5.8 5.9 6.0 (4) 2.8% 2.9 3.0 3.1 3.3 All Other Lability (5) 5.2% 5.3 5.4 5.5 5.6 11.2 6.1 3.4 5.7 11.3 6.2 3.5 5.7 11.4 6.3 3.6 5.8 11.5 6.3 3.6 5.9 11.6 6.4 3.7 6.0 11.7 6.5 3.8 6.0 11.8 6.5 3.9 6.1 11.9 6.6 4.0 6.2 12.0 6.7 4.0 6.2 12.1 6.7 4.1 6.3 12.2 6.8 4.2 6.4 12.4 6.9 4.4 6.5 12.5 7.1 4.5 6.6 12.7 7.2 4 6 6.7 12.8 7.3 4.8 6.8 12.9 7.3 4.9 6.9 13.0 7.4 5.0 7.0 13.1 7.5 5.1 7.0 13.2 7.6 5.1 7.1 13.3 7.6 5.2 7.2 13.4 7.7 5.3 7.3 13.6 7.8 5.5 7.4 13.7 7.9 5.6 7.5 13.8 8.0 5.7 7.5 13.9 8.1 5.8 7.6 14.0 8.2 5.9 7.7 14.1 8.2 5.9 7.7 14.2 8.3 6.0 7.8 14.2 8.3 6.1 7.9 14.3 8.4 6.1 7.9 14.4 8.5 6.2 8.0 14.5 8.5 6.3 8.1 14.8 8.8 6.5 8.3 15.3 9.2 6.8 8.6 15.7 9.5 7.1 8.9 16.1 9.8 7.3 9.2 16.4 10.1 7.5 9.4 16.7 10.3 7.7 9.6 16.9 10.5 7.8 9.8 17.1 10.7 ' 8.0 10.0 17.3 17.5 17.7 17.8 18.0 10.8 11.0 111 11.2 11.3 8.1 10. 1 8.2 10.3 8.3 10.4 8.4 10.5 8.5 10.6 18 1 18.2 18.3 ' 18 4 18.5 11.5 11.5 11.6 11.7 11.8 8.6 10.7 8.6 10 8 8.7 10.9 8.8 10 9 8.8 11.0 EXX 012035 PREMIUM DISCOUNT ENDORSEMENT--NORTH CAROLINA (Automobile and General Liability Insurance) The premium pertaining to North Carolina for Liability and Medical Payments insurance is subject to discount in accordance with the following procedure: 1. North Carolina Standard Premium. Such premium pertaining to North Carolina computed in accordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the applica- ' tion of any retrospective rating plan and exclusive of ain premium under any Automobile Liability Policy appli cable with respect to automobiles classified as "Livery," "Buses other than School Buses" and "Long Haul Truckmen" shall be known as the North Carolina Standard Premium. 2. Total Standard Premium for All States. The Liability and Medical Payments premium computed in accordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, any Automatic Premium Adjustment Endorsement, any Premium Return Plan Endorsement, or other Premium Discount Endorsement, shall be known as the Total Standard Premium. 3. Premium Discount--North Carolina (a) For policy periods of one year or less--The North Carolina Standard Premium, exclusive of any premium subject to any retrospective rating plan, shall be subject to the applicable discount percentages for the Total Standard Premium obtained from the Table of "North Carolina Premium Discount Percentages." (b) For policy periods of more than one year--The North Carolina Standard Premium for each annual period or portion thereof during the policy period shall be subject to the applicable discount percentages stated in said Table of "North Carolina Premium Discount Percentages" opposite the Total Standard Premium for the policies for each such period or portion thereof during the policy period. (c) If retrospective rating is applicable to a part of the premium pertaining to North Carolina, the amount of premium discount applicable to the North Carolina Standard Premium, exclusive of any premium subject to any retrospective rating plan, shall be the difference between (1) the discount determined by applying to the North Carolina Standard Premium the applicable percentages stated in said Table opposite the Total Standard Premium, and (2) the discount determined by applying to that portion of the North Carolina Standard Pre mium which is subject to retrospective rating the applicable percentages stated in said Table opposite so much of the Total Standard Premium as is subject to retrospective rating. 4. Table--North Carolina Premium Discount Percentages. Stated on Pages 2 and 3 of this endorsement. 5. Policy Numbers RKSLG-3OI36I5 RSLA-5888947 RPCA-457967 RCAX-5O9OI6 RSLGC-3542II5 Estimated Standard Premium Total Applicable Premium Discount Percentages based on TotalEstimated Advance Standard Premium: General Liability_______ % Automobile Liability--Garages_______ % Taxis_______ % All Other Automobile Liability Except Livery, Buses other than School Buses, and Long Haul Truckmenc'c Amending Policy No RKSLG~3Q^ 3^^ 5 1 h:s endorsement is executed bv The Travelers Insurance Companv as respects insurance afforded by that company onh . it i' executed by The Travelers Indemnity Company as respects insurance afforded by that company only. Tin: TK.vM.LtKa Insurance Company The Travelers Indemnity Company 4080A StCreUirv EXX 012836 1 Total Standard Premium (See Note) (i) $1,000 or less 1,050 1,100 1,150 1,200 1,250 1,300 1,350 1,400 1,450 1.500 1,550 1,600 1,650 1,700 1,750 1,800 1,850 1,900 1,950 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400 3,500 3,600 3,700 3,800 3,900 4,000 4,200 4,400 4,600 4,800 5,000 5,200 5,400 5.600 5,300 6,000 6,200 6,400 6,600 6.S00 General Lability (2) 0.0% 0.7 1.2 1.6 1.9 2.3 2.6 2.9 3.1 3.4 3.6 3.8 4.0 4.2 4.4 4.6 4.7 4.9 5.0 5.2 5.4 5.6 5.8 6.0 6.2 6.4 6.5 6.7 6.8 6.9 7.1 7.2 7.3 7.4 7.5 - 7.5 7.6 7.7 7.8 7.8 7.9 8.1 8.2 8.3 8.4 8.7 9.1 9.6 10.0 10.4 10.8 11.1 11.4 11.7 12.0 Automobile Lability-- Garage* (3) 0.0% 0.3 0.6 0.7 0.9 1.1 1.2 1.4 1.5 1.6 1.7 1.8 1.9 2.0 2.1 2.2 2.3 2.3 2.4 2.5 2.6 2.7 2.8 2.9 3.0 3.0 3.1 3.2 3.2 3.3 3.4 3.4 3.5 3.5 3.6 3.6 3.6 3.7 3.7 3.7 3.8 3.8 3.9 3.9 4.0 4.2 4.6 4.9 5.2 5.5 5.8 6.1 6.3 6.5 6.S C 0S'>a j nj - c: . --. rremium ijiscount Percentages (Forming a Part of Endorsement 4080A) Taxi* (4) All Other Auto* mobile Lability Except Livery. Buse* other than School Buses, and Long Haul Truckmen (5) Total Standard Premium (See Note) (i) General Lability (2) 0.0% 0.1 0.1 0.1 0.2 0.2 0.2 0.3 0.3 0.3 0.3 0.4 0.4 0.4 0.4 0.4 0.5 0.5 0.5 0.5 0.5 0.5 0.6 0.6 0.6 0.6 0.6 0.6 0.6 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.8 0.8 0,8 0.8 0.8 0.9 1.2 1.4 1.6 1.8 2.0 2.3 2.5 2.6 0.0% 0.3 0.5 0.7 0.8 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1,7 1.8 1.9 2.0 2.0 2.1 2.2 2.2 2.3 2.4 2.5 2.6 2.7 2.7 2.8 2.9 2.9 3.0 3.0 3.1 3.1 3.2 3.2 3.2 3.3 3.3 3.3 3.4 3.4 3.5 3.5 3.5 3.6 3.8 4.2 4.5 4.8 5.1 5.4 5.6 5.9 6.1 6.3 $7,000 7,200 7,400 7,600 7,800 8,000 8,200 8.400 8,600 8,800 9,000 9,200 9,400 9,600 9,800 10,000 10,500 11,000 11,500 12,000 12,500 13,000 13,500 14,000 14,500 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 24,000 25,000 27,500 30,000 32,500 35,000 37,500 40,000 42,500 45,000 47,500 50.000 52,300 55.000 57,500 60,000 62,500 65,000 67,500 70.000 72.500 12.3% 12.5 12.8 13.0 13.2 13.4 13.6 13.8 14.0 14.1 14.3 14.5 14.6 14.7 14.9 15.1 15.4 15.7 15.9 16.2 16.4 16.6 16.7 16.9 17.1 17.3 17.5 17.8 18.0 18.1 18.3 18.5 18.6 18.7 18.8 19.0 19.2 19.5 19.8 20.1 20.4 20.6 20.8 21.0 21.1 21.3 21.4 21.5 21.6 21.7 21.8 21.9 22.0 22.0 22.1 (Continued on reverse side) Automobile Lability-- Gances (3) 7.0% 7.2 7.3 7.5 7.7 7.8 8.0 8.1 8.3 8.4 8.S 8.6 8.7 8.8 8.9 9.1 9.3 9.6 9.7 9.9 10.1 10.2 10.4 10.5 10.6 10.8 11.0 11.1 11.3 11.4 11.6 11.7 11.8 11.9 12.0 12.1 12.3 12.5 12.7 13.0 13.2 13.3 13.5 13.6 13.7 13.9 14.0 14.0 14.1 14.2 14.3 14.3 14.4 14.5 14.5 Taxis (4) 2.8% 2.9 3.0 3.1 3.3 3.4 3.5 3.6 3.6 3.7 3.8 3.9 4.0 . 4.0 4.1 4.2 4.4 4.5 4.6 4.8 4.9 5.0 5.1 5.1 5.2 5.3 5.5 5.6 5.7 5.8 5.9 5.9 6.0 6.1 6.1 6.2 6.3 6.5 6.8 7.1 7.3 7,5 7.7 7,8 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.6 8.7 S.8 S.S All Other Aut^ mobile Lability Except Livery. 8uses other than School Buses, and Long Haul Truckmen (5) 6.5% 6.7 6.9 7.1 7.2 7.4 7.5 7.7 7.8 7.9 8.1 8.2 8.3 8.4 8.5 8.7 8.9 9.1 9.3 9.5 9.6 9.8 9.9 10.0 10.1 10.3 10.5 10.7 10.8 11.0 11.1 11.2 11.3 11.4 11.5 11.6 11.8 12.0 12.3 12.5 12,7 12.8 13.0 13.1 13.3 13.4 13.5 13.6 13.6 13.7 13.3 13.5 13.9 14.0 14.0 EXX 012837 PREMIUM DISCOUNT ENDORSEMENT--TEXAS (General Liability Insurance) It is agreed that the premium pertaining to Texas for General Liability and Medical Payments insurance is subject to discount in ac cordance with the following procedure: 1. Texaj General Liability Standard Premium. Such premium pertaining to Texas computed in accordance with the provisions of the policies designated m paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, shall be known as the Texas General Liability Standard Premium. 2. Total Standard Premium For All States. The General Liability and Medical Payments Premium computed in accordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, any Automatic Premium Adjustment Endorsement, any Premium Return Plan Endorsement, or other Premium Discount Endowment, shall be known as the Total Standard Premium. 3. Premium Discount--Texas .a) For policy periods of one year or less--The Texas General Liability Standard Premium shall be subject to the applicable dis count percentages for the Total Standard Premium obtained from the Table of "Texas Premium Discounts (General Liability)''. (b) For policy periods of more tban one year--The Texas General Liability Standard Premium for each annual period or portion thereof during the policy period shall be subject to the applicable discount percentages stated in said Table of "Texas Premium Discounts (General Liability)" opposite the Total Standard Premium for the policies for each such period or portion thereof during the policy period. (c) If retrospective rating is applicable to a part of the premium pertaining to Texas, the amount of premium discount applicable to the Texas General Liability Standard Premium, exclusive of any premium subject to any Retrospective Rating Plan, shall be the difference between (1) the discount determined by applying to the Texas General Liability Standard Premium the applicable percentages stated in said Table opposite the Total Standard Premium, and (2) the discount determined by applying to that portion of the Texas General Liability Standard Premium which is subject to retrospective rating the applicable percentage stated in said Table opposite so much of the Total Standard Premium as is subject to retrospective rating. 4. Table of Texas Premium Discount Percentages--Stated below and on Page 2 of this endorsement. 5. Policy Numbers RKSLG-3013615 rsl*"38882*7-- RPCA-487967 RCAX-509O16 Estimated Standard Premium .Total Applicable premium discount percentage based on total estimated advance standard premium: TABLE OF TEXAS PREMIUM DISCOUNT PERCENTAGES (General Liability) % Premium Discount Total General Lability Percenutes Applicable to Texas General La- (See Note t) bility Standard Premium (0 (2) $1.000 or less 1,006 1,018 1.030 1.042 .0% .1 .2 .3 .4 1,055 1.068 1.081 1.095 1.109 .5 .6 .7 .8 .9 1.123 1 . 138 1.153 1.168 1,134 1.200 1.217 1.235 1.252 1.271 1.0 1l 1 .2 13 1 .4 1.5 1.6 l7 1.8 19 Premium Discount Total General Lability Percenutes Applicable Standard Premium to Teaae General La* (See Note 1) bility Standard Premium (1) (2) $ 1.289 1,309 1,329 1,349 1,371 2.0% 2.1 2.2 2.3 2.4 1,392 1.415 1,439 1.463 1.488 2.5 2.6 2.7 2.8 2.9 1.514 1,540 1,568 1,597 1,627 3.0 3.1 3.2 3.3 3.4 1.658 1.690 1.723 1.758 1.794 3.5 36 37 38 3.9 Premium Discount Tout General Liability Percenutes Applicable Standard Premium to Texas General La* (See Note 1) bility Standard Premium ID (2) 1 1.832 1,871 1,913 1.956 2.000 4.0% 4. 1 4.2 4.3 4.4 2.048 2,097 2,149 2.203 2,260 4.5 4.6 47 4.8 4.9 2.320 2,384 2.451 2.522 2.598 5.0 51 5.2 5.3 54 2.677 2.762 2.853 2.950 3.053 5.5 5.6 57 5.8 5.9 (Continued on Page 2) EXX 012838 PREMIUM DISCOUNT ENDORSEMENT--VIRGINIA (General Liability Insurance) Page 1 The premium pertaining to Virginia ior General Liability and Medical Payments insurance is subject to discount in accordance with the following procedure: 1. Virginia General Liability Standard Premium. Such premium pertaining to Virginia computed in ac cordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive ot the application of any retrospective rating plan, shall be known as the V irginia General Liability Standard Premium. 2. Total Standard Premium For All States. The General Liability and Medical Payments Premium com puted in accordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, any automatic premium adjustment endorsement, any premium return plan endorsement, or other premium discount endorse ment, shall be known as the Total Standard Premium, 3. Premium Discount--Virginia (a) For policy periods of one year or less--The Virginia General Liability Standard Premium shall be subject to the applicable discount percentages for the Total Standard Premium obtained from the Table of "Virginia Premium Discounts (General Liability Insurance)." (b) For policy periods of more than one year--The Virginia General Liability Standard Premium for each annual period or portion thereof during the policy period shall be subject to the applicable discount percentages stated in said Table of "Virginia Premium Discounts (General Liability Insurance)" opposite the Total Standard Premium for the policies for each such period or portion thereof during the policy period. (c) If retrospective rating is applicable to a part of the premium pertaining to Virginia, the amount of premium discount applicable to the Virginia General Liability Standard Premium, exclusive of any premium subject to any Retrospective Rating Plan, shall be the difference between (1) the discount determined by applying to the Virginia General Liability Standard Premium the applicable per centages stated in said Table opposite the Total Standard Premium, and f2) the discount determined by applying to that portion of the Virginia General Liability Standard Premium which is subject to retrospective rating the applicable percentage stated in said Table opposite so much of the Total Standard Premium as is subject to retrospective rating. 4. Table--Virginia Premium Discount Percentages--Stated on Page 2 of this endorsement. 5. Policy Numbers Estimated Standard Premium RKSLG-3OI36I5 "RSLA-5888947 RPCA-487Q67 RCAX-509616 RSLGC-fflf2m ________________ ________________ Total Applicable premium discount percentage based on total estimated advance standard premium:_______% This endorsement is executed by The Travelers Insurance Company as respects insurance afforded by that company only: it is executed by The Travelers Indemnity Company as respects insurance afforded by that company only. The Travelers Insurance Company The Travelers Indemnity Company 3ATC OF 6JtPi- < 1*006 Of NATION A&IUSTH6NT i C*9141 1-61 Mixrea , J s * locaT'Cn of *is* 0F*<C6 **0 HA*e OF AQENT EXX 012639 Total Standard Premium See Note 1) (i) SI. 000 or less 1,050 1.100 1.150 1,200 1,250 1,300 1,350 1,400 1,450 1.500 l ,550 1,600 1,650 1,700 1,750 1,800 1,850 1,900 1,950 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400 3,500 3,600 3,700 3,800 3,900 4,000 4.200 4,400 4.600 4,800 5,000 5,200 5,400 5.600 5.800 6,000 6,200 6.400 6,600 6,800 VIRGINIA PREMIUM DISCOUNTS General Liability Insurance (Forming a part of Premium Discount Endorsement--Virginia 4109A) Page 2 Premium Discount Percentage \iiplicibie to \ irgima Standard Premium (2) o. o7 0,7 1.2 1,6 1.9 2.3 2.6 2.9 3.1 3.4 3.6 3.8 4.0 4.2 4.4 4.6 4.7 4.9 5.0 5.2 5.4 5.6 5.8 6.0 6.2 6.4 6.5 6.7 6.8 6.9 7.1 7.2 7.3 7.4 7.5 75 7.6 7.7 7.8 7.8 7.9 8.1 8.2 8.3 8.4 8.7 9.1 9.6 10.0 10.4 10.8 11.1 11.4 11.7 12 0 Total Standard P'erruum See Note l i ft) $7,000 7,200 7.400 7.600 7,800 8,000 8.200 8,400 8.600 8.800 9,000 9,200 9,400 9,600 9,800 10,000 10,500 11,000 11,500 12,000 12,500 13,000 13,500 14,000 14,500 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 24,000 25,000 27,500 30,000 32,500 35,000 37,500 40,000 42,500 45,000 47,500 50,000 52,500 55,000 57,500 60,000 Premium Discount Percentage Applicable to Virginia Standard Premium (2) 12.3<~r 12.5 12.8 13.0 13.2 13.4 13 6 ; 3.8 14.0 14. 1 14.3 14.5 14.6 14.7 14.9 15.1 15.4 15.7 15 9 16.2 16.4 16.6 16.7 16.9 17.1 17.3 17.5 17.8 18.0 18.1 18.3 18.5 18.6 18.7 18.8 19.0 19.2 19.5 19.8 20.1 20.4 20.6 20.8 21.0 21.1 21.3 21.4 21.5 21.6 21.7 Total Standard Premium See Note 1) (ii S62.500 65,000 67,500 70.000 72.500 Premium Discount Percentage Applicable to Virginia Standard Premium (2) 21.8^ 21.9 22.0 22.0 22.1 75.000 80,000 85.000 90.000 95.000 22 2 22'3 22.4 22.5 22.6 100,000 105,000 110,000 115,000 120,000 22.7 23.0 23.3 23.5 23.7 125,000 130,000 135,000 140,000 145,000 23.9 24.0 24 2 h'.l 24.5 150,000 162,500 175,000 187,500 200,000 24.7 25.0 25.2 25.5 25.6 212,500 225,000 237,500 250,000 262,500 275,000 287,500 300,000 312,500 325,000 25.8 25.9 26.1 26.2 26.3 26.4 26.5 26.6 26.6 26.7 337,500 350,000 362.500 375,000 387,500 26.8 26.8 26.9 27.0 27.0 400,000 412,500 425,000 437,500 450,000 27.0 27.1 27.1 27.2 27.2 462,500 27.2 475.000 27.3 487,500 27.3 500.000 and over fSee Note 2) NOTE: 1. if the Total Standard Premium is between two of the amounts shown in column (1 \ the premium discount percentage applicable is that shown for the lower of such amounts. 2. If the Total Standard Premium is $500,000 or over, the discount percentape applicable shall be 11 ah determined as the weighted averatre of 27.JT for the hrst $500,000 and 2S.5'-7 for the oortion 4109A over 5500.000. EXX 012640 RETROSPECTIVE PREMIUM ENDORSEMENT--PLAN______ SHORT FORM 2ND YEAR It is agreed that the premium for the policy shall be computed in accordance with the provisions of the Rei-rns per rive Premium Endorsement--Plan D forming; a parr nf Polir.v RK$LG" 2688640 i \ Amending Policy No. MSLS-3OI & $ This endorsement is executed by The Travelers Insurance Company as respects insurance afforded by that company only, it is executed by The Travelers Indemnity Company as respects insurance afforded by that company only. The Travelers Insurance Company The Travelers Indemnity Company EXX 012841 SYMBOL NUMBERS OF ENDORSEMENTS Amending Policy No. 3^ 5 ( It is agreed that endorsements with the following symbol numbers form a part of this policy on its effective date; 3760A 3&OA wwJa 000(A-Y) 8800- 9380 The Travelers Insurance Company The Traveled Indemnity Company The Chaster Oak Fire Insurance Company C-I092S 1-66 PSINTCO in U.S.*. EXX 0120^2 Effective from. .at the time of day the policy becomes effective. Amending Policy RKSLG* Issued to. Date of Issue: office 4 coot CO. use Uxf.iU oo, cooe:__________________ nooe of fOrtjsr i ioc. of 1 aisk ~ r (The information provided for above, except the policy number, is required to be stated onlv when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: IT IS AGREED THAT EXCLUSION (F) IS DELETED This endorsement is executed on the reverse side hereof. ( )8ooo l Symbol No. EXX 012843 Effective from. .at the time of day the policy becomes effective. Amending Polio, SLG-3OI36I5 Issued Date of Issue: 0 u 4 COOC un*u | CO 1 COOC 1 uooc Of 1 AOUST. | MOO. I woe 0* 1 (W (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to .ts effective date.) It is agreed that as of the effective date hereof the policy is amended in the allowing particulars: EXCLUSION OF PRODUCTS HAZARD EXCEPT WITH RESPECT TO HAZARDS DESCRIBED IN SCHEDULE 8800 IT IS AGREED THAT THE POLICY DOES NOT APPLY TO THE PRODUCTS HAZARD AS DEFINED THEREIN. THE WORD "OPERATIONS* AS USED IN THE PROOUCTS HAZARD INCLUDES ANY ACT OR OMISSIONS IN CONNECTION WITH OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED ON THE PREMISES OR ELSE WHERE WHETHER OR NOT GOOOS OR PRODUCTS ARE INVOLVED IN SUCH OPERATIONS. This endorsement is executed on the reeerse side hereof. 8 ( )ooo m SyuWX No EXX 012844 Effective (rom. Issued to Date of Issue: Amending Policy V. RKSLG^OI 361 5 at the time of day the policy becomes effective. (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its elective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: SUCH INSURANCE AS IS AFFORDED BY THIS POLICY SHALL NOT APPLY AS RESPECTS THE FOLLOWING JOBS - JOB #7104 FOR THE PACIFIC GAS &. ELECTRIC COMPANY, SAN FRANCISCO, CALIF. JOB #5317 SINCLAIR-KOPPERS ETHYLENE PLANT, PASADENA, TEX JOB #5370 a INTON, IOWA JOB #5377 TEXAS CITY, TEX This endorsement is executed on the reverse side hereof. 8 ( )ooo n Sywwx no EXX 012845 Effective from. Issued to____ Date of Issue: at the time of day the policy becomes effective. Policy r.c_5t2l3013ill (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: TO COVER THE INTEREST OF KELLOGG EMPLOYEES FEDERAL CREDIT UNION AS RESPECTS PREMISES AT 711 THIRD AVE NEW YORK NY This endorsement is executed on the reverse side hereof. 8000(0) SntaOL No. EXX 012846 Effective from- Issued to_ Date of Issue: -at the time of day the policy becomes effective. Amending Policy No. RKSLG-30n6l5 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: BOTTOM OF 8800 TO READ: MINIMUM PREMIUMS PREMISES-OPS. Bl - S 127.00 E 36.00 PO - S 26.00 E 8.00 / This endorsement is executed on the reverse side hereof. 8ooo(p) Srwx No. EXX 012847 CCT ^iTcctive from at the time of day the policy becomes effective. Amending Policy Nn THE M W KELLOGG CO A OiVlSION OF PULLMAN INC Date^oHssue: 1 -84-WlC 3 -o. VZ\ NYJ-140 ! 5357110MARSH-MCLENNAN 1NC-NY , - A : ST.a>XI (The in formation provided for above, except the policy number, is required :o be stated onlv ishe.n this endorsement is issued for attachment to the policy subsequent to its effective date.' It is agreed that as of the effective date hereof the policy is amended in the following particulars: CCMPREHENS!V GENERAL LIABILITY INSURANCE AS PROVIDED 3Y THE POLICY ALSO APPLIES TC DAMAGES BECAUSE OF INJURY ARISING OUT OF THE RENDERING OF OR FAILURE TO RENDER* DURING THE POLICY PERIOD, MEDICAL OR NURSING TREATMENT BY ONE MALE NURSE EMPLOYED BY THE NAMED INSURED ON J08 #7149 IN MOUNDS VI Li., 'EST VIRGINIA, SUBJECT TO THE FOLLOWING ADDITIONAL PROVISOS: I, EXCEPT AS STATED 1* THIS ENDORSEMENT, THE POLICY DOES NOT APPLY TO INJURY ARISING OUT OF THE RENDERING OF OR FAILURE TO RENDER THE PRO FESSIONAL SERVICES DESCRIBED ABOVE. 2. INSURED'S DUTIES IN THE EVENT OF INJURY, CLAIM OR SUIT. WHEN AN INJURY OCCURS, WRITTEN NOTICE SHALL BE GIVEN BY OR ON BEHALF OF THE INSURED, IN ACCORDANCE WITH THE "INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT" CONDITION. 3. FIRST AID EXCLUSION. THE INSURANCE SHALL NOT APPLY TO EXPENSES INCURRED BY THE INSURED FOR FIRST AID AT THE TIME OF AN ACCIDENT AND THE "SUPPLE MENTARY PAYMENTS" PROVISION AM) THE "INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT" CONDITION ARE AMENDED ACCORDINGLY. 4. LIMITS OF LIABILITY. THE LIMIT OF LIABILITY STATED IN THE SCHEDULE BELOW AS APPLICABLE TO "EACHXUUM" IS THE LIMIT OF THE COMPANY'S LIABILITY FOR ALL DAMAGES ON ACCOUNT OF EACH CLAIM OR SUIT COVERED HEREUNDER; SUBJECT TO THE FOREGOING PROVISION RESPECTING "EACH CLAIM," THE LIMIT OF LIABILITY STATED IN THE SCHEDULE BELOW AS "AGGREGATE* IS THE TOTAL LIMIT OF THE COMPANY'S LIABILITY FOR ALL DAMAGES. 5. THE PROVISIONS OF THE NUCLEAR ENERGY EXCLUSION APPLY TO THIS INSURANCE AM) THE REMAINING EXCLUSIONS ARE REPLACED BY THE FOLLOWING} THE INSURANCE UNDER THIS ENDORSEMENT DOES NOT APPLY* A. TO BODILY INJURY TO ANY EMPLOYEE OF THE INSURED ARISING OUT OF AND IN THE COURSE OF HIS EMPLOYMENT BY THE INSURED, OR TO ANY OBLIGA TION FOR WHICH THE INSURED OR ANY CARRIER AS HIS INSURER MAY SE HELD LIABLE UNDER ANY WORKMEN'S COMPENSATION, UNEMPLOYMENT COMPEN SATION OR DISABILITY BENEFITS LAW, OR UNDER ANY SIMILAR LAW; 3, TO THE OWNERSHIP, MAINTENANCE, OPERATION, USE, LOADING OR UNLOADING OF ANY MOTOR VEHICLE, TRAILER, SEMI-TRAILER, WATERCRAFT OR AIRCRAFT. SCHEDULE LIMITS OF LIABILITY: $250,000 EACH CLAIM $500,000 AGGREGATE 2 DUPLICATES ISSUED This endorsement is executed on the reverse side hereof. s,.,0. 8000 EXX 012848 Effective from. Issued to_____ Date of Issue: Amending Policy No. rkslg-30136i^ at the time of day the policy becomes effective. V (The information provided for above, except the policy number, is required to be stated onlv when this endorsement is issued for attachment the policy subsequent to its effective date.: It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: JOB #7682 AT MAINE MEDICAL CENTER PORTLAND, MAINE LIMITS OF LIABILITY: BOOILY INJURY 250,000 EACH PERSON !1,000,000 EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE i EACH OCCURRENCE AGGREGATE SLASaiflCATIW 9880 rate cov a E TO BE DETERMINED This endorsement is executed on the reverse side hereof. 8ooo(q) No. EXX 012849 Effective from. -3013615.at the time of day the policy becomes effective. Amending Policy No. rkslg Issued to. Date of Issue: I 0FHCI FOU I * cooc VCOt.t { "X. UF'tU coot MOOC 0* AOAjJT I 00. :I LO(!C*. OF (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.; It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELCW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: JOB #7^4 AT FORT MARTIN STATION, W VA LIMITS OF LIABILITY: BODILY INJURY EACH PERSON [EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE i 500,000 EACH OCCURRENCE 4 500,000 AGGREGATE CLASS IFI CAT I ON 9880 RATE .SPY B E - TO BE DETERMINED This endorsement is executed on the reverse side hereof. 8ooo(r) EXX 12B5 Effective from. Issued to_____ Date of Issue: .at the time of day the policy becomes effective. Amending Policy Nfn. ^^G*30l36l5 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PROVISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE, NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: JOB #5371 FOR TERRA CHEMICALS INTERNATIONAL INC AT PORT NEAL IOWA LIMITS OF LIABILITY CLASSIFICATION BODILY INJURY i 500,000 EACH PERSON 11,000,000 EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE i 3,000,000 EACH OCCURRENCE $ 3,000,000 AGGREGATE RATE COV A MY.-BL 9880 E - TO BE DETERMINED EXCESS LIMITS CHARGE PD E 100.00 E - TO BE DETERMINED Thi, endorsement is executed on the reverse side hereof. 8ooo(s) 3IT--Ol NO, EXX 012851 Effective from. .at the time of day the policy becomes effective. Amending Policy No. rkslg-3013615 Issued to. Date of Issue: -- 1 ro* OF*'CI -t uU x. LXPiftU *00. coot mooc or OUST j *00. 0!1 to(!e. * 1 _____________________________________________________________________________1 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: OPPOSITE RATE ENDORSEMENT 1. THE PREMIUM FOR THE POLICY IS BASED UPON REMUNERATION AS DEFINED IN CONDITION 1 OF THE POLICY. 2. THE ADVANCE PREMIUM STATED IN THE DECLARATIONS IS AN ESTIMATED PREMIUM ONLY. UPON TERMINATION OF THE POLICY THE EARNED PREMIUM SHALL BE COM PUTED IN ACCORDANCE WITH THE PROVISIONS OF THE POLICY AND THIS ENDORSE MENT. IF THE EARNED PREMIUM THUS COMPUTED EXCEEDS THE ESTIMATED ADVANCE PREMIUM PAID, THE NAMED INSURED SHALL PAY THE EXCESS TO THE COMPANY; IF LESS, THE COMPANY SHALL RETURN TO THE NAMED INSURED THE UNEARNED PORTION PAID BY SUCH INSURED. 3. THE LIMITS OF LIABILITY EXPRESSED IN THIS POLICY ARE IN NO EVENT ' CIMA-ATIVE WITH THE LIMITS OF LIABILITY EXPRESSED IN ANY OTHER 1 LIABILITY POLICY ISSUED BY THE COMPANY TO THE NAMED INSURED. SCHEDULE HAZARD GENERAL LIABILITY 9000 TEX ESTIMATED TOTAL ANNUAL REMUNERATIO IF ANY EXCLUDING PRODUCTS 9890 ALL STATES $12,095,629 RATES PER tOO OF REMUNERATION COV A COV B ESTIMATED AftVMCE PRfrMW CQY-A COV B S- TO BE S- TO BE DETERMINED DETERMINED E- TO BE E- TO BE DETERMINED DETERMINED S- TO BE S- TO BE DETERMINED DETERMINED E- TO BE E- TO BE DETERMINED DETERMINED 3350.49 2019.97 2237.69 374.96 This endorsement is executed on the reverse side hereof. 8000(A) 5=5^ EXX 012B52 Effective from- Issued to_ Date of Issue: -at the time of day the policy becomes effective. Amending Policy No.- RKSLG-y>n6i5 (The information provided for above, except the policy number, is required to be stated oniv when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: SUCH INSURANCE AS IS AFFORDED BY COVERAGE A OF THE POLICY APPLIES TO SUCH LIABILITY AS MAY BE IMPOSED UPON THE NAMED INSURED BY REASON OF RELEASES OR PASSES SIGNED BY EMPLOYEES OF THE NAMED INSURED HEREBY IN ORDER TO ENTER PREMISES OF OTHERS SAID EMPLOYEES AGREES TO HOLD HARMLESS SUCH OTHERS WITH RESPECT TO INJURIES SUSTAINED BY OR INJURIES CAUSED BY SUCH EMPLOYEES WILE ON SUCH PREMISES. This endorsement Ls executed on the reverse side hereof. 8000(B) srsELis. EXX 012853 Effective from 3.it the time of day the policy becomes effective. Amending Policy Mn RKSLG- OI 36l 5 Issued to_____ Date of Issue: *o 00. uss (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: SUCH INSURANCE AS IS AFFORDED UNDER COVERAGE Y OF THE POLICY AS DESIGNATED ON CONTRACTUAL LIABILITY INSURANCE COVERAGE PART L3 INCLUDES THE FOLLOWING: IT IS UNDERSTOOD THAT EMPLOYEES OF THE INSURED WHILE ENGAGED IN THE BUSINESS OF THE INSURED ENTER PREMISES OF THIRD PARTIES. SUCH EMPLOYEES MAY BE REQUIRED TO SIGN AGREEMENTS RELEASING SUCH THIRD PARTIES FROM THE INSURED'S RIGHTS OF RECOVERY AGAINST SUCH THIRD PARTIES BECAUSE OF BOOILY INJURY, INCLUDING DEATH AT ANY TIME RESULTING THEREFROM, SUSTAINED BY SUCH EMPLOYEES. IN CONSIDERATION OF THE PREMIUM HEREIN PROVIDED FOR, THE COMPANY AGREES TO WAIVE ANY RIGHT OF SUBROGATION WHICH MAY ACCRUE TO THE COMPANY UNDER CONDITION K OF ANY STAN DARD WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY POLICY ISSUED BY THE COMPANY TO THE INSURED, AGAINST ANY SUCH THIRD PARTY WITH WHOM ANY SUCH EMPLOYEE HAS ENTERED INTO SUCH AN AGREEMENT. This endorsement is executed on the reverse side hereof. 8000(C) .aJs= EXX 012854 Effective from. .at the time of day the policy becomes effective. Amending Policy 3RKSLG- OI36l5 Issued to_____ Date of Issue: o#*cc * coot CO. use untu OO. COO* OOC 0* AOJUCT I MOO. !_________ I LOC. 0* I |$H (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: NOTICE IS ACCEPTED THAT COVERAGE AFFORDED UNDER THE POLICY SHALL APPLY ALSO TO OPERATIONS PERFORMED BY THE INSURED UNDER CONTRACT FOR U.S. NAVY DEPARTMENT, BUREAU OF ORDNANCE, WASHINGTON, D.C. AND U.S. AIR FORCES, AIR MATERIEL COWAND, WRIGHT PATTERSON AIR FORCE BASE, DAYTON, OHIO. IT IS FURTHER AGREED - 1. WAIVER OF SUBROGATION AGAINST THE UNITED STATES THE COMPANY WAIVES ANY RIGHT OF SUBROGATION AGAINST THE UNITED STATES OF AMERICA WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY AND POLICIES RUB*301H6i4 DRKUB-3OI3613 CANCELATION. IN THE EVENT OF CANCELATION, THIRTY DAYS NOTICE WILL BE GIVEN THE DEPARTMENT OF THE NAVY, OFFICE OF NAVAL MATERIEL, INSURANCE BRANCH, WASHINGTON 25, D.C. LIMITS OF LIABILITY: COVERAGE A COVERAGE B ,000 EACH PERSON ,000 EACH ACCIDENT 100,000 EACH ACCIDENT 100,000 AGGREGATE OPERATIONS This endorsement is executed on the reverie side hereof. 8000(D) EXX 012855 Effective from. .at the time of day the policy becomes effective. Amending Policy RKSLG~3Q1 5 Issued to_____ Date of Issue: | OM'Cl 1 4 COOC u00tt. I X.. UP' *00. >*oo. 09 ax. orI cooc______________ :________ II mAOooAclST i1 l$ft (The information provided for above, except the policy number, is required to be stated only when this endorsement is ssued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MOO I FIES SUCH INSURANCE AS IS AFFORDED BY THE PROVISIONS OF THE POLICY RELATING TO THE FOLLOWING: CONTRACTUAL LIABILITY INSURANCE BLANKET CONTRACTUAL LIABILITY INSURANCE IT IS AGREED THAT THE INSURANCE APPLIES TO CONTRACTUAL LIABILITY ASSUMED BY THE INSURED UNDER ANY WRITTEN CONTRACT, SUBJECT TO THE FOLLOWING ADDI TIONAL PROVISIONS: 1. THIS INSURANCE DOES NOT APPLY: A. TO LIABILITY ASSUMED BY THE INSURED UNDER ANY INCIDENTAL`CONTRACT; B. TO BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF THE CONSTRUC TION, MAINTENANCE OR REPAIR OF WATERCRAFT OR THE LOADING OR UN LOADING THEREOF; C. TO BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF OPERATIONS, WITHIN 50 FEET OF ANY RAILROAD PROPERTY, AFFECTING ANY RAILROAD BRIDGE OR TRESTLE, TRACKS, ROAD BED, TUNNEL, UNDERPASS OR CROSSING; D. TO PROPERTY DAMAGE TO TOOLS, MATERIAL OR EQUIPMENT OWNED BY ANY INDEMNITEE WHILE PERFORMING OPERATIONS CONTRACTED FOR BY THE IN SURED; 2. WHEN USED AS A PREMIUM BASIS, THE WORD "SALES" MEANS THE GROSS AMOUNT OF MONEY CHARGED BY THE NAMED INSURED OR BY OTHERS TRADING UNDER HIS NAME FOR ALL GOOOS AND PRCOUCTS SOLD OR DISTRIBUTED DURING THE POLICY PER100 AND CHARGED DURING THE POLICY PERIOD FOR INSTALLATION, SER VICING, OR REPAIR, AND INCLUDES TAXES, OTHER THAN TAXES WHICH THE NAMED INSURED AND SUCH OTHERS COLLECT AS A SEPARATE ITEM AND REMIT DIRECTLY TO A GOVERNMENTAL DIVISION; 3. WHEN USED AS A PREMIUM BASIS, THE WORD "COST* SHALL NOT INCLUDE THE COST OF ANY OPERATIONS TO WHICH EXCLUSIONS (B) AND (C) APPLY. This endorsement is executed on the reverse side hereof. 8000(F) EXX 012856 Effective from. Issued to_____ Date of Issue! -at the time of day the policy becomes effective. Amending Policy No.. RKSLG-3013615 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: WHEREVER IN ENDORSEMENTS ATTACHED TO AND FORMING A PART OF THIS POLICY REFERENCE IS MADE BY NUMBER TO A SPECIFIC JOB UNDERTAKEN BY THE INSURED, IT IS UNDERSTOOD AND AGREED THAT SUCH SPECIFIC JOB NUMBER INCLUDES ALL OTHER JOBS RELATED TO AND UNDERTAKEN AT THE SAME LOCATION AS SUCH SPECIFIC JOB FOR WHICH DIFFERENT JOB NUMBERS MAY BE ASSIGNED. } This endorsement is executed oa the reverse side hereof. 8000(E) SfWOL NO. EXX 012857 Date of Issue: I t 0**'Ct 1 *o 1 4 cooe 1 a 1 -txxp.i*ca 1 A00. 1 cooc 1 1 UAQDOAC/ST0* I"00' :1 u<oScM. 0* \ ' >.yv \ (The information providerl for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.; It is agreed that as of the effective date hereof the policy is amended in the following particulars: IT IS UNDERSTOOD AND AGREED THAT INSOFAR AS THIS POLICY MAY COVER MORE THAN ONE INSURED, ALL INSURING AGREEMENTS AND ENDORSEMENTS WITH THE EXCEPTION OF LIMITS OF LIABILITY SHALL OPERATE IN THE SAME MANNER AS IF THERE WAS A SEPARATE POLICY OF INSURANCE COVERAGE EACH NAMED INSURED. / This endorsement is executed on the reverse side hereof. 8000(G) Symbol NO, EXX 012858 Effective from. .at the time of day the policy becomes effective. Amending Policy No--jjKSLG-301 3&1 5 Issued to. Date of Issje: *ON owe* 4 COOf CO. UtC POL. *"00. cool MOoJoUtJT0.* I MOO. I_______ |I toiJe*. o* (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR BCOILY INJURY LIABILITY SHALL APPLY WITH RESPECT TO THE LEGAL LIABILITY OF THE INSURED FOR BOOILY INJURIES INCLUDING DEATH RESULTING THEREFROM AS A RESULT OF ATHLETICS, SPORTS, SOCIAL, EDUCATIONAL OR OTHER ACTIVITIES CONDUCTED ANYWHERE IN THE UNITED STATES. This endorsement is executed on the reverse side hereof. 8000(1) EXX 012859 Effective from. at the time of day the policy becomes effective. a--dine. ksls-30136i5 Issued to_____ ---- Date oOf MIutCul e: uC00Oic.* 4 OOOC U^KI (1 *oo. ooo 1 AMOoOjuCrrO.P | MOO. 11 IOi9CK. Of ___________________________ !1 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: SUCH INSURANCE AS IS AFFORDED BY THE POLICY SHALL APPLY TO ALL WHOLLY CNNED SUBSIDIARIES OF THE NAMED INSURED AS INSURED. AS OF THE EFFECTIVE DATE OF THIS ENDORSEMENT THE WHOLLY OWNED SUB SIDIARIES OF THE NAMED INSURED ARE: --' KELLOGG OVERSEAS CORPORATION KELLOGG INTERNATIONAL CORPORATION KELLOGG PAN AMERICAN CORPORATION KELLOGG OVERSEAS CONSTRUCTION CORPORATION KELLOGG OVERSEAS SERVICE CORPORATION KELLOGG REFINERY CONSULTANTS LIMITED KELLOGG OF PANAMA CORPORATION COMPANIA KELLOGG DE VENEZUELA DEUTSCHE KELLOGG INDUSTRIEBAU SQCIETE KELLOGG CANADIAN KELLOGG COMPANY, LTD. . IF SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ENDORSEMENT THE NAMED INSURED ACQUIRES COMPLETE OWNERSHIP IN ANOTHER SUBSIDIARY OR IN OTHER SUBSIDIARIES THE NAMED INSURED WILL ADVISE THE 0MPANY ACCORDINGLY. THE PREMIUM APPLICABLE WITH RESPECT TO THE HAZARD OF EACH SUCH WHOLLY GWNEB SUBSIDIARY OF THE NAMED INSURED SHALL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF THE MANUALS IN USE BY THE COMPANY. This endorsement is executed on the reverse side hereof. 8000(H) Stwioc Na. EXX 012860 OCC V 1966 Effective from. ^ s:,, ..KSta-3013615 ^ the time of day the policy becomes effective. Amending Policy Issued to_____ THE M W KELLOGG CO A DIVISION Of PVJLLMAN INC Date of Issue: W4-tO MC HARSH-MCLENNAN INC-NY (The information provided for above, except the policy number, is required to be stated onlv when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as 0/ the effective date hereof the policy is amended in the following particulars: EXCLUSION Of-ALL HAZARDS IN CONNECTION WITH DESIGNATED LOCATION THIS POLICY DOES NOT APPLY TO ANT HAZARD AT THE PREMISES DESIGNATED BELCW OR TO OPERATIONS ELSEWHERE WICH ARE NECESSARY TO OR INCIDENTAL TO THE OWNERSHIP, MAINTENANCE OR USE Of SUCH PREMISES. THE RESEARCH DEVELOPMENT LABORATORY PISCATTAWRY NJ THE COMPANY WILL NOT COLLECT ANY PREMIUM DEVELOPED IN CONNECTION WITH SUCH HAZARDS. THIS ENDORSEMENT SUPERSEDES AND CANCELS EhOORSEMENT 8000(j) ISSUED WITH THE POLICY 2 DUPLICATES ISSUED This endorsement is executed on the reverse side hereof. Srwaoi. *0 dooo(j) EXX 012861 Effective from. Issued *0. Date of Issue: at the time of day the policy becomes effective* Amending Policy Vn RKSLG*301 3&1 5 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: EXCLUSION OF ALL HAZARDS IN CONNECTION WITH DESIGNATED LOCATION THIS POLICY DOES NOT APPLY TO ANY HAZARD AT THE PREMISES DESIGNATED BELOW OR TO OPERATIONS ELSEWHERE WHICH ARE NECESSARY TO OR INCIDENTAL TO THE OWNERSHIP, MAINTENANCE OR USE OF SUCH PREMISES. FOOT OF DANFORTH AVE., f JERSEY CITY, NJ THE COMPANY WILL Noi COLLECT ANY PREMIUM DEVELOPED IN I 0 H *j) ' n^iU.uwiL, vV-l This endorsement is executed on the reverse side hereof. 8ooo(j) asHua EXX 012662 Effective from- Issued toDate of Issue: -at the time of day the policy becomes effective. Amending Policy No., RKSLG-3013615 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: IT IS AGREED THAT EXCLUSION E OF CONTRACTUAL LIABILITY INSURANCE COVERAGE PART L3 IS DELETED. This endorsement is executed on the reverse side hereof. 8000(K) EXX 012863 Effective from. Amending Policy .at the time of day the policy becomes effective. 3&1 5 Issued to_____ Date of Issue: 0'1Cl 4 eooc Lf'iltl 1 00. j Hoec 1 AOAftr 1 00. i toe. o* 1 MiM (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: EXCLUSION Of PRODUCTS HAZARD EXCEPT WITH RESPECT TO HAZARDS DESCRIBED IN SCHEDULE 8800 IT IS AGREED THAT THE POLICY DOES NOT APPLY TO THE PRODUCTS HAZARD AS DEFINED THEREIN. THE WORD "OPERATIONS* AS USED IN THE PRCOUCTS HAZARD INCLUDES ANY ACT OR OMISSIONS IN CONNECTION WITH OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED ON THE PREMISES OR ELSE WHERE WHETHER OR NOT GOODS OR PROOUCTS ARE INVOLVED IN SUCH OPERATIONS. This endorsement is exeented on the reeerse side hereof. 8 ( )ooo m Srvon. No. EXX 012864 Effective from- Issued toDate of Issue: -30 1361*5rkslg_ac the time of day the policy become? effective. Amending Policy No.. (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: SUCH INSURANCE AS IS AFFORDED BY THIS POLICY SHALL NOT APPLY AS RESPECTS THE FOLLOWING JOBS - JOB #7104 FOR THE PACIFIC GAS 4 ELECTRIC COMPANY, SAN FRANCISCO, CALIF. JOB #5317 SINCLA1R-KOPPERS ETHYLENE PLANT, PASADENA, TEX JOB #5370 a INTON, IOWA JOB #5377 TEXAS CITY, TEX This endorsement is executed on the reverse side hereof. 8 ( )ooo n STKWX No. EXX 012865 Effective from. 3at the time of day the policy becomes effective. Amending Policy Mn. MSLG- OI 36l 5 Issued to. Dace of Issue: FO eo. use O4 M0'0C0C4 wx. I coot 'j HOOC or I 40JUST *00. LOC OP is* (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: TO COVER THE INTEREST OF KELLOGG EMPLOYEES FEDERAL CREDIT UNION AS RESPECTS PREMISES AT 711 THIRD AVE NEW YORK NY This endorsement is executed on the reverse side hereof. 8000(0) Symkx NO, EXX 012866 Effective from. 30 36at the time of day the policy becomes effective. Amending Policy No RKSLG- 1 1 5 Issued to--------------------- Date of Issue: *04 oACrOicOcC Utt X- 11 c*o0o0c. 11 MOOC 04 ftQjurr. 00. COC. UK Of ^ v W'-' k * * (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: BOTTOM OF 8800 TO READ: MINIMUM PREMIUMS PREMISES-OPS. Bl - S 127.00 E 3b.00 PD - S 26.00 E 8.00 ! This endorsement is executed on the reverse side hereof. 8ooo(p) Stmwx No, EXX 012867 CCT Effectiwe from. W Amending Policy at the time of day the policy becomes effective. RKqLG--^0^ ^6lp THE M V KELLOGG CO A OlVISiON OF PULLMAN INC Issued to- Date of Issue: 1-24-60 MC ~~ NYJ--l40 MARSH-MCLENNAN ) NONY A>ijuottt:< I 1 uoc (The information provided for above, except the policy number, is required to be stated onl\ tv hen this endorsement is issued for attachment to the policy subsequent to its effective cate. It is agreed that as of the effective date hereof the policy is amended in the following particulars: COMPREHENSIVE GENERAL LIABILITY INSURANCE AS PROVIDED 3Y THE POLICY ALSO APPLIES to damages because of injury arising out of the rendering of or FAILURE TO RENDER, DURING THE POLICY PERIOD, MEDICAL OR NURSING TREATMENT 3Y ONE MALE NURSE EMPLOYED BY THE NAMED INSURED ON JOB #7149 IN MOUfOSVILLE, WEST VIRGINIA, SUBJECT TO THE FOLLOWING ADDITIONAL PROVISION 1. EXCEPT AS STATED IN THIS ENDORSEMENT, THE POLICY DOES NOT APPLY TO INJURY ARISING OUT OF THE RENDERING OF OR FAILURE TO RENDER THE PRO FESSIONAL SERVICES DESCRIBED ABOVE. 2. INSURED$ DUTIES IN THE EVENT OF INJURY, CLAIM OR SUIT. WHEN AN INJURY XCURS, WRITTEN NOTICE SHALL BE GIVEN BY OR ON BEHALF OF THE INSURED, IN ACCORDANCE WITH THE INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT* CONDITION. t 3. FIRST AID EXCLUSION. THE INSURANCE SHALL NOT APPLY TO EXPENSES INCURRED BY THE INSURED FOR FIRST AID AT THE TIME OF AN ACCIDENT AND THE "SUPPLE MENTARY PAYMENTS" PROVISION AM) THE "INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT* COtOITiON ARE AMENDED ACCORDINGLY. 4. LIMITS OF LIABILITY. THE LIMIT OF LIABILITY STATED IN THE SCHEDULE BELOW AS APPLICABLE TO "EACMXLA4M? IS THE LIMIT OF THE COMPANY'S LIABILITY FOR ALL DAMAGES ON ACCOUNT OF EACH CLAIM OR SUIT COVERED HEREUNDER; SUBJECT TO THE FOREGOING PROVISION RESPECTING "EACH CLAIM," THE LIMIT OF LIABILITY STATED IN THE SCHEDULE BELOW AS "AGGREGATE* IS THE TOTAL LIMIT OF THE COMPANY'S LIABILITY FOR ALL DAMAGES. 5. THE PROVISIONS OF THE NUCLEAR ENERGY EXCLUSION APPLY TO THIS INSURANCE AND THE REMAINING EXCLUSIONS ARE REPLACED BY THE FOLLOWING: THE INSURANCE UNDER THIS ENDORSEMENT DOES NOT APPLY: A. TO BOOILY INJURY TO ANY EMPLOYEE OF THE INSURED ARISING OUT OF AM) IN THE COURSE OF HIS EMPLOYMENT BY THE INSURED, OR TO ANY OBLIGA TION FOR WHICH THE IIOURED OR ANY CARRIER AS HIS INSURER MAY SC HELD LIABLE UM5ER ANY WORKMEN'S COMPENSATION, UNEMPLOYMENT COMPEN SATION OR DISABILITY BENEFITS LAW, OR UNDER ANY SIMILAR LAW; 8. TO THE OWNERSHIP, MAINTENANCE, OPERATION, USE, LOADING OF. UNLOADING OF ANY MOTOR VEHICLE, TRAILER, SEMI-TRAILER, WATERCRAFT OR AIRCRAFT, SCHEDULE LIMITS OF LIABILITY: *250,000 EACH CLAIM $500,000 AGGREGATE 2 DUPLICATES ISSUED This endorsement is executed on the reverse side hereof. 8000 Exx 012B6S Effective from. Issued to_____ Date of Issue: Amending Policy No.^LG-^Ol#^ at the time of day the policy becomes effective. (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent tu its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POL ICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE CWERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: JOB f?6&2 AT MAINE MEDICAL CENTER PORTLAND, MAINE LIMITS OF LIABILITY: CLASS Lf I CATION 9&30 BOOILY INJURY 250,000 EACH PERSON i1,000,000 EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE i EACH OCCURRENCE $ AGGREGATE RATE COY A E TO BE DETERMINED Thin endorsement is executed on the rererse side hereof. QOOO(Q) gsa"-."8EXX 012869 Effective from. Issued to______ Date of Issue: R -3013615kslg.at the time of day the policy becomes effective. Amending Policy No. (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MOO I FIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. ? SCHEDULE PREMISES: JOB #7^H AT FORT MARTIN STATION, W VA LIMITS OF LIABILITY: BOOILY INJURY EACH PERSON 1EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE t 500,000 EACH OCCURRENCE $ 500,000 AGGREGATE CLASSIFICATION 9880 BAILJflY fi E - TO BE DETERMINED This endorsement is eiecuted on the reverse side hereof. 8000 (R) ~~N5: EXX 012870 Effective from ^ SL G~ ^01 ^61 5it the time of day the policy becomes effective. Amending Policy NV Issued to_____________________________________________________________________ __________________________________ Date of Issue: \ \* ^ uosoe. I > 00(X_ U'I*U I cock' ) \ H*OOJOUCfTO. f I_______ _ \I IO'$C. Of (The information provided for above, except the policy number, is required to be stated only iwnen uiis endorsement is issuea lor attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PROVISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SSimLL PREMISES: JOB #5371 FOR TERRA CHEMICALS INTERNATIONAL INC AT PORT NEAL IOWA LIMITS OF LIABILITY: CLASSIFICATION BODILY INJURY i 500,000 EACH PERSON $1,000,000 EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE * 3,000,000 EACH OCCURRENCE $ 3,000,000 AGGREGATE RATE COV A COV B 9880 E - TO BE DETERMINED EXCESS LIMITS CHARGE PD E 100.00 E - TO BE DETERMINED This endorsement is executed on the reverse side hereof. 8ooo(s) Srwoi No. EXX 012B71 Effective from. v, R -3013615.at the time of day the policy becomes effective. Amending Policy kslg Issued to. Date of Issue: I 0**<ct 1u*cosoe I I 4 C006 WX. l1 CQ00. > Mooe of I *0*0$t oo. wAlSXK. Of (The information provided for above, except the policy number, is required to be stared onlv when this endorsement is issued for attachment to the policy subsequent to its erfeccive dare.. It is agreed that as of the effective date hereof the policy is amended in the following particulars: IT IS AGREED THAT EXCLUSION (F) IS DELETED This endorsement is executed on the reverse side hereof. 8 ( )ooo l Symbol No. EXX 012072 Effective from. .it the time of day the policy becomes elective. Amending Policy No.-^S^t^. Issued to. Date of Issue: I1 C**O0O0C. ilAWOOAOC/jrOf LOC. Of >Sk (The information provided for above, except the policy number, is required to be stated onk *hen this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MOO I FIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELCW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE,;NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: JOB #5311 FOR FIRST NITROGEN CORPORATION DONALDSONVILLE LA LIMITS OF LIABILITY: BCOILY INJURY EACH PERSON EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE *2,000,000 EACH OCCURRENCE *2,000,000 AGGREGATE aASSIFlCATlQM 9880 E - TO BE DETERMINED This endorsement is executed on the reverse side hereof. 8ooo(u) SrWOt No, EXX 012873 i'j' .'J K \ LI -f - !; t ' " ' "*1 v- r.' - r- , The Travelers Insurance Company C-10747 (Lirit) 2-45 HIKTtO IN U.S.A The Travelers Indemnity Company Countersigned by The Charter Oak Fire Insurance Company tertiary EXX 012B7A Effective from. -3013615Rat the time of day the policy becomes effective. Amending Policy No. kslg Issued to_____ Date of Issue: *e 0'CC 4 OOOt CO. use I 00. 00. I cooc__________________ MOOC 9* fcftJUTf t kOC. Of 1 it* (The information provided for above, except the policy number, is required"to be stated only when this endorsement Is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MGOIFIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELCW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: ALL LOCATIONS AT WHICH THE GOVERNING CLASSIFICATION Or OPERATIONS PERFORMED BY THE INSURED IS OIL STILL ERECTION OR REPAIR. 3^36 LIMITS OF LIABILITY: BCOILY INJURY EACH PERSON SEACH OCCURRENCE AGGREGATE PROPERTY DAMAGE $1,000,000 EACH OCCURRENCE $1,000,000 AGGREGATE ALL STATES TEXAS 9890 9000 RATE - CQV. B E - TO BE DETERMINED E - TO BE DETERMINED This endorsement is executed on the reverse side hereof. 8ooo(v) .?- EXX 012875 II I I I I } ]" The Travelers Insurance Company The Travelers Indemnity Company The Charter Oar Fire Insurance Company EXX 012876 Effective from. Amending Policy No. RKSLG^OT^ .at the time of day the policy becomes effective. Issued to_____ Date of Issue: ' -** ct 4 XCC < CO. *o---c--.---- - | *00. ' cooc *00. 1 jI **00 0_*______ \i.mX 0* l J (The information provided for above, except the policy number, is required to be stated onlv when this endorsement is issued for attachment to the policy subsequent to its effective date.; It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MOO I FIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THEFREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOtS NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE N#4ED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. PREMISES: RADELL AVE BOUND BROOK NJ SCHEDULE LIMITS OF LIABILITY: BOOILY INJURY EACH PERSON iEACH OCCURRENCE AGGREGATE PROPERTY DAMAGE * 500,000 EACH OCCURRENCE $ 500,000 AGGREGATE CLASSIFICATION 9880 RATE - SPY B TO BE DETERMINED This endorsement is executed on the reverse side hereof. 8000(W) EXX 012877 L- v-- ;v f < * v/.r : : \Z" 5 ** 7 . ' 1 'ft " / I The Trailers Insurance Company Secretary C-10747 (Large) 2-65 uiktcs in u.s.a. The Travelers Indemnity Company Countersigned by The Charter Oak Fire Insurance Company Secretary EXX 012878 Effective from. Issued to_____ Date of Issue: Amending Policy *,, J-G-301 #1 5 .it the time of day the policy becomes effective. (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: ADVANCE PREMIUM ENDORSEMENT THE ADVANCE PREMIUM COLUMN IN ITEM 3 OF THE DECLARATIONS IS REPLACED BY THE ADVANCE PREMIUM COLUPN SHOWN BELOW EABIS ADVANCE PREMIUM LI BODILY INJURY LIABILITY BGOILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY L3 L15A COMPOSITE COMPOSITE i This endorsement is executed oa the reverse side hereof. g00o(x)S^ii EXX 012879 The Travelers Insurance Company The Travelers Indemnity Company The Charter Oak Fire Insurance Company C-10747 (Large) 2-63 hintco in u.s.a EXX 018880 Effective from At the time of day the policy becomes effective. Amending Policy 36^G-301 1 5 Issued to______ Da te of Issue: /wC.,, >r^r" (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date It is agreed that as of the effective date hereof the policy is amended in the following particulars: THE POLICY DOES NOT APPLY TO ANY HAZARD AT PREMISES IN CANADA OR TO ANY HAZARD EL SEVERE WHICH ARISES FROM GOOOS OR PROOUCTS MANUFACTURED AT OR DISTRIBUTED FROM SUCH PREMISES OR FROM OPERATIONS EITHER ON SUCH PREMISES OR ELSEWHERE WHICH ARE NECESSARY OR INCIDENTAL TO THE OWNERSHIP, MAINTENANCE OR USE OF SUCH PREMISES. This endorsement is executed on the reverse side hereof. 8ooo(^"^ ^ EXX Oiasai The Travelers Insurance Company C-10747 2-45 inTd The Travelers Indemnity Company Countersigned by. The Charter Oae Fule Insurance Company Sicretcry EXX 012882 DEi. jl *1966 RKSLG-3013615 Effective from- -it the time of day the policy becomes effective. Amending Policy No- iued.. THE M W KELLOGG CO A DIVISION OF PULLMAN INC Dace of Issue: 5*|?SS NYJ-1 21-67 AMG mm MARSH-MCLENNAN tNC-NY 1 i?-3i-67 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS ENDORSEMENT 8000(N) EXTEND TO INCLUDE JOB #7756, KOPPERS COMPANY INC. KNIGHTS OF COLUMBUS HEADQUARTERS BUILDING NEW HAVEN, CONN i This endorsement is executed on the reverse side hereof. 2 DUPLICATES ISSUED 3tw*oc No 8000 EXX 012883 The Travelers Insvrance Company The Travelers Indemnity Company The Charter Oak Fire Insurance Company EXX 012884 DECLARATIONS SCHEDULE--Geaeril Liability Hazard* No 1 Policy No-RKSLG-30i36i5 The letters "MP" wherever used in this schedule shall mean "Premium for Premises Medical Coverage". Inclusion of a premium for Premise* Medico! Payments Coverage immediately below the Bodily Injury Liability premium for anv elevator shall mean that Premises Medical Pavment Coverage is afforded with respect to such elevator. In the Rates and Advance Premium columns "BI" means "Bodily Injury Lability" and "PD` means "Property Damage Liability", Location of all premises owned by, rented to or controlled by the named insured (Enter "same" if same location as address shown in Item I. 01 declarations): END 8(XX)( A) Interest of named insured in such premises (Describe interest, such as "owner", "general lessee" or "tenant"): Part occupied by named insured: Comprehensive General Liability Insurance. unless otherwise stated herein: Description of Hazards A -- Premises---Operation* B -- Elevators C -- Independent Contractor* D-- Complied Operation* -- Product* The following discloses all hazards insured hereunder known coexist at the effective date of this policy Code No. | Premium Bases Hates BI | PD A -- Area f$q. Ft.) B -- Fronta*e C -- Remuneration D-- No. Insured E -- Cost F -- Receipts G -- Sales H -- Admiaaiou A --Per 100 Sq.Ft. of Area t lB --Per Linear Foot JC --Per SlOOof Remuner* 1 anon |D --Per Elevator E --Per 1100 of Cost IF --Per $1000 of Receipts G --Per $1000 of Sales H -- Per 100 Admissions Advance Premium BI PD EXCESS LIMITS CHARGE A-SEE END 8000(A) SEE END 8000(D) D-ISOTOPE CAMERA 989O E 35 195 2238 375 7171-42 E-IF ANY 36.2JI01 1210 INCLUDED ABOVE MIN I MUM 1.280 S 12 .420 E 3 26 8 Minimum Premiums c-mos T-e* '.*'(2 . . w tDS. JCSLG. MSL OOS OSLO ON^L Independent Contractors BI PD I Products BI PD EXX 012885 DESCRIPTION OF TERMS USED AS PREMIUM BASES: When used as a premium basis: ). "remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the named insured, other than chauffeurs except operators of mobile equipment, and aircraft pilots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; 2. "cost" means the total cos: to the named insured with respect to operations performed for riv* named insured during the policy period by independent contractors of all work let or sub-iet in connection with each specific project, including the cost of all Labor, materials and equipment furnished, used or delivered for use tn the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due: .1. "receipts" means the gross amount of money charged by the named insured for such operations by the named insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named insured collects as a separate item and remits directly to a govern* mental division; 4. "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes whicn the named insured and such others collect as a separate item and remit directly to a governmental div;ion; 5. "admissions" means the.total number of persons, other than employees of the named insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes. A EXX 012866 Effective frnm __2!!----- __________at the time of day the policy becomes effective. Amending Policy No. RK3LQ-3013615 Issued to- THE H^KELLOOG CO A DVIS1CN Of PULLMAN INC Date of Issue: 7Wr 'raH*PSH-*<Cl.ENNAN INC-**- wn!2 ---1 ituu*l.. A----Lil"_---------X_-________________ (The information provided for above, except the policy number, is required to be stated onlv when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: are**ame!cd HAZARD 9000 9890 ^W issued with the policy, rates RATES COV A S .0160 E .0047 S E :38? .023* .0021 .0195 .0018 ffrR?2SS SPSS?**1 fioo(v) !SSUED with the policy, wta ARE AMEhOED TO READ: CLASSIFICATION RATES - COV B 9000 9890 E .0077 E .OO65 premium aojust>cnt at audit This endorsement is executed on the reverse Side hereof. 2 DUPLICATES ISSUED S*M50l Np 6000 EXX 012887 yx. ~. tn"jC;'" . A-` 4f - ^ rifx*-o*y.. ** ' wr * &izi The Tras-elers Insurance Company The Travelers Indemnity Company The Charter Oak Fire Insvrance Company s-` EXX 012888 31 1966 Sia30136l5Effective from. PCC --at the time of day the policy becomes effective. Amending Policy No. 1,sued Ttf M W KELLOGG CO A DiVISSOW 0T PULUtt* IKC Date of Issue: IOK ______ , ^731Q MAKSHoHCLEttlAM IMfr-MY tg.31^7 iSff A 1 St"______________ X_______________ J (The information provided for above, except the policy number, is required to be stated onlv when this endorsement is issued for attachment to the policy subsequent to its effective date.i It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS DOORSOCNT 8000(Q) ISSUED WITH THE POLICY,RATES ARE A>CWD TO READ: RAIE"CQY*A E .0162 PREMIUM ADJUSTVCNT AT AUDIT This endorsement is executed on the reverse side hereof, 2 DUPLICATES ISSUED 8OQQ $6666 EXX 012889 - f r* , 'irX ' 'm AT' V* wM. - The Travelers Insurance Company Secretary \mC-J0747 (Iatkc) 2-43 mintio u.ijc The Travelers Indemnity Company The Charter Oak Fire Insurance Company EXX 012890 Effective from. PCC -------- ft the time of day the policy becomes effective. Amending Policy No. RKSLQ-3Q13615 Issued to. M W KELLIOQQ CO A DiVISlOH OF PULLMAN INC_____________________________ Date of Issue: K MYJt ^zaio: HARSH4CtDiMAM IMC-MT I2-3I-67L t3 'l f u (The information provided for above, except the policy number, is required to be stated onlv when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS ENDC8SOCMT 8000<R)ISSUED WITH TIC POLICY, RATES ARE AtCIOED TO READs MTS-egf iB E .0110 PREMIUM ADJUSTMENT AT AUDIT This endorsement is executed oa the reverse side hereof. 2 DUPLICATES ISSUED 8000 #5555 EXX 012891 The Travelers Insurance Company ' Secretary C-1Q747 (LargeJ 2-65 printcd ih u.sjk. The Travelers Indemnity Company The Charter Oak Fire Insurance Company Countersigned by EL, if------ -- ---'------------------------------------ ---- EXX 012892 DEC V 1966Effective from. at the time of day the policy becomes effective. Amending Policy No.- i,,ued - THE M W KELLOGG CO A PASSION 0T PULLMAN IMC Date of Issue: 1 XBK ; I . : rat MYd-IAO I SBT^IO 1 MARSH^MCLENHAM IJC-NY j &i gar a i a*x (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS EJOORSEICMT 8000($) ISSUED WITH ThE POLICY, RATES ARE ASCttED TO READ: mRADL. fiflLJL E .0172 .Qy*B E .0182 PREMIUM ADJUSTSCMT AT AUDIT. This endorsement is executed on the reverse side hereof. 2 &JPL!Qi7ZS ISS4ED S'xsoc s? 3coo EXX 012893 'rx'VV I* The Travelers Insurance Company The Travelers Indemnity Company The Charter Oae Fire Insurance Company Ex* 012894 Effective from. DfcC 1900 _at the time of day the policy becomes effective. Amending Policy No. RKSLQ-gOI^I* WIssued to-THE--H. KELLOGG CO A DIVISION OF PULLMAH INC Date oif Issue: >1^65 MBK cc rat ose ssr a ; HARSH-HCLEMAN INC-HY (The informatioa provided for above, except the policy number, is required to be stated oniv when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS DOORSOCKT 8000(T) ISSUED WITH THE POLICY* RATES ARE AtOOCD TO READi- JMLdMM- C .0173 PREMIUM ADJUSTICMT AT AUDIT This endorsement is executed on the reverse side hereof. 2 DUPLICATES ISSUED S^woc No. 8000 #3333 EXX 012895 v *s-\ ' EXX 012896 Effective from DEC 31 19# .at the time of day the policy becomes effective. Amending Policy No. -saLa3oi3gi5 Issued.. M W KELLOOft CO A DIVISION OT PULLMAN INC Dace of Issue: 11-60 MBK - tfijMT ^57310 "MAESHaCLE>t<AM IMC-WY , - r... ip-31 -67 ! sy a s?.ofx (The information provided for above, except the poliev number, is required to be stated onlv when this endorsement is issued for attachment to the policy subsequent to its effective date.; It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS CND0R9OCNT 0000(0) ISSUED WITH TtC POLICY* RATES ARE AKWED TO READi- t .0173 PREMIUM ADJUSTVCMT AT AUDIT This endorsement is executed on the reverse side hereof. 2 DUPLICATES ISSUED SrMWX No. 8000 #2222 EXX 012897 TOV&FjSltL v: P.X;l I 'oUi \F:iZZ C nCMDO) 10 & - w Moccta cwpogCBgc <*& *uh i*c vatici* The Travelers Insurance Company Tee Travelers Indemnity Company The Charter Oax Fire Insurance Company EXX 012898 Effective from. --33--at the time of day the policy becomes effective. Amending Policy No.. RKSiQ-ynfits hsu<d THE M W RELLOQQ CO A DIVISION OP PULLMAN IHC Date of Issue: ~3r'k-/__________ ____ Is*1 MYJ.fQj?573tO~a HARSH-MCLIMtt* IHC-HY i - 12X31"_________ x ^ (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS DOORSOCNT 8000<W) ISSUED WITH THE PO.ICY,RATES ARE AMENDED TO REAOt- BttKs CflY.B E .0110 t PREMIUM ADJUST*NT AT AUDIT This endorsement Is executed on the reverse side hereof. 2 DUPLICATES ISSUED Srntoi So 8000 #1111 EXX 012899  r0i0 *gyjc> ?? . -, *,--_ - - ',* > The Travelers Insurance Company Sctrtiary The Travelers Indemnity Company The Charter Oak Fire Insurance Company EXX 012900 Chicago oe'i*oiT *ISNCaPOi.,S S** COjiS NCw 0<*lC*nS 'NOianapOl.S 'wlSa 5 T AUL AtAMAZOO 3ULgTN Mi|.iVAu< `.OS * * G '_ S SAM FOANC SCO S6 a r T(. ACflTLANO P-OENK san oie;o OAKLAND S*0AN JUNEAU ml80u0n SrONfv Maks ii s? MlLexxvn 'NC o#0#*rt3 insurant e 70 PINK STREET NEW YORK IOOOS ASA COOC a<2 94 3 2000 June ID, 1968 njv io< 9C S T 0 N it *S9uO& HILAOElP-A ATLANTA acccs* 3 -r rA.O Sf9AC.it HtC-MONO ChaOlcS ton r090NT0 montoea. OuCBEC vanC O'j v E a 0ImNOSn|B*Oin wiNOSOfl CAOACAS SAC 'A-.C B9uS3.i lCnOOn a;w>E Mr. L. F. Force, Assistant Insurance Manager The M. W. Kellogg Company 711 Third Avenue New York, New York Dear Mr. Force; Policy ffiKSLG-3013615 I ' We are enclosing several endorsements to the captioned policy amending rates originally promulgated when the policy was issued. These endorse ments are merely to complete your files and will have no direct bearing on either the audits or the Retrospective Adjustments, as the policy is merely an underlyer for the Master Comprehensive General Liability Policy. We trust you will find the enclosed to be in order. Very truly yours. MLE:emg end. marsh & Mclennan BY: M y <r//: Martin L. Elkinson V- I/ EXX 012901 CHICAGO 0TOiT MINNEAPOLIS ST LOUIS NEW ORLEANS INOiANAPQLlS tulSa ST PAUL ALAMAZOO OuluTm MILWAUKEE los ANoeies SAN rQAsc sco SEATTLE POR'LANO B-CENlX SAN OIESO 0 ax l anO SPOx ANc JUMEAU MELBOURNE SUBNET (( ESTABLISHED 7l MARSH&>IelEXX,L\ incorporated I N S URAXC E 70 PINE 9TREET NEWYORK 10005 AREA COOC 212 943-2000 January 29,1968 Nw roR< BOSTON B|T*S8u8(jH H'L AOELPH'A ATLANTA QOChESTER MIAMI Bur palO Syracuse RiChmOnO Charleston TORONTO MONTREAL Oucaec VANCOUVER CAL&ARY WINNIPEG EOmonton WINOSOR CARACAS SAO PAULO BRUSSELS LONDON ROME Mr. L. F. Force, Assistant Insurance Manager The M. W. Kellogg Company 711 Third. Avenue New York, Nev York Dear Mr. Force: Endorsement to Policy #RK5LG-30136l5 t >. As per your request, ve sure pleased to enclose an endorsement to the above captioned policy excluding endorsement #6000-J and AinmHng that exclusion to read The Research Development laboratory, Piscattavay, Rev Jersey. This change vas to be effective December 31st, 1966. We trust you will find the enclosed In order. Very truly yours, MARSH & McIZNNAIT BY: :l>//,i /UJ<5^C-- Martin L. Elkinson MI:CMC enc/ Lh Jo rp 1 * ft EXX 01S9Q2 The Travelers Indemnity Company Hartford, Connecticut Policy j Number ' __ RKSLG-T01T6l S J DECLARATIONS COMPREHENSIVE AUTOMOBILE-GENERAL LIABILITY POLICY Ham 1. Samed Insured _i Address (No.. street, town, county, state) Item 2. Policy Period: Item 3. Parle ' ^Comprehensive LI ;General From 1 | Bodily Injury liability Property Damage liability THE M W KELLOGG CO PULLMAN INC 711 THIRD AVE NEW YORK NY BFC 1966 to limili of liability each | each j person ncrtirrence aggregate 1 2SOMl 50QM ;m j 1O0M 100ms A DIVISION OF DEC 31 1967 Advance Promiym set <1 '| 12.01 A.M.* L3 Comprehensive Automobile Contractual Liability Bodily Injury Liability Property Damage liability Bodily Injury Liability Proparty Damage liability M| = a^M; =; MJ Mi _500m| 100M =$ =s =i 100MS Premises * each person Medical Payments i M each accident % Automobile Medical Payments $ each person s Uninsured Motorists i M each person (Damages for Bodily Injury) s M each accident $ Comprehensive t s Automobile Collision ACV Less $ Deductible $ Physical Fire, lightning or Transportation ) Damage Theft Combined Additional >s 1 t ADVANCE PREM run i i The insurance afforded is only with respect to sych of the Coverage Parts as are indicated by Symbol Number and the Coverages therein as are indicated by specific premium charge. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this poiicv having reference thereto. In any Limits of Liability space the letter "M" means "Thousands of Dollars'1 ar.d the letters "ACV" mean "Actual L15A PERSONAL INJURY LIABILITY Cash Value". Symbol number* of Schedules, Endorsements, and additional Coverage Parts forming o port of this policy on its effective date. SEE END 9380 41III Total Advance Premium Item 4. (a) The named insured is: individual Q; partnership corporation H; joint venture Q; other: COMPANY (b) Audit Period: Annual, unless otherwise stated: semi-annual quarterly ________monthly ^______________ Item 5. During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein: ___________________ ______________ ___________________________________________________________________________________ General Liability Coverage Parts--The declarations are completed on an accompanying schedule designated "General Liability Hazards '. Automobile Liability Coverage Parts--The declarations are completed on an accompanying schedule designated "Automobile Liability Hazards1'. fStandard time at the address of the nimei insured as stated herein. Countersigned by. Keep this declarations page in your "Policy Jacket--Edition July l, 19<56", Form C-UI13. These declarations and all Coverage Pans, Schedules and Endorsements issued to form a part hereof, together with your Policy Jacket, form your complete insurance policy. c 11115 j \ kJ U.) !. :066 ii:C3 EXX 012903 COMPREHENSIVE GENERAL LIABILITY INSURANCE COVERAGE PART I. Coverage A--Bodily Injury Liability Coverage B--Property Damage Liability The companv will pay on behalf ot the insured ail sums which the insured shall become legally obligated to pay as damages because of Coverage A. bodily injury or I Coverage B. property damage to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. . ! Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner: i ; I j (b) to bodily or property damage arising out of the owner- i ship, maintenance, operation, use, loading or unloading of j (1) any automobile or aircraft owned or operated by or 1 rented or loaned to the named insured, or j (2) any other automobile or aircraft operated by any person in the course of his employment by the named insured; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the named insured or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to the named insured; j j , 1 | (c ] to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to the named insured; I (d) to bodily injury or property damage arising out of the owner ship. maintenance, operation, use, loading or unloading of ] any watercraft, if the bodily injury or property damage occurs away from premises owned by, rented to or con* | trolled by the named insured; but this exclusion does not. 1 apply to bodily injury or property damage included within the products hazard or the completed operations hazard or resulting from operations performed for the named insured by independent contractors or to liability assumed by the insured under an incidental contract; j (e j to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to an> act or condition incident to any of the foregoing, with respect to (I; liability assumed by the insured under an incidental ' contract, or (2) expenses for first aid under the Supplementary Payments provision: ; to "''Jay injury or property damage for which the insured or his indemnitee max be held liable, as a person or organi zation engaged :n the business of manufacturing, dis- tribucing. selling or serving alcoholic beverages or as an owner or lessor of premises used for such purposes, bv reason of the selling, serving or giving of any alcoholic beverage (1) in violation of any statute, ordinance or regulation, (2) to a minor, (3) to a person under the influence of alcohol, or (4) which causes or contributes to the intoxication of any person; (g) to any obligation for which the insured or any carrier as his insurer may be heid liable under any workmen's compen sation. unemployment compensation or disability benents law, or under any similar law; (h) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured, but this exclusion does not apply to liability assumed by the insured under an incidental contract; {\) to property damage to (1) property owned or occupied by or rented to the insured, (2) property used by the insured, or t (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by, rented to or con trolled by the named insured; (j) to property damage to premises alienated by the named insured arising out of such premises or any part thereof; (k) to bodily injury or property damage resulting from the failure of the named insured's products or work completed by or for the named insured to perform the function or serve the purpose intended by the named insured, if such tailure is due to a mistake or deficiency in any design, formula, plan, specifications, advertising material or printed instructions prepared or developed by any insured; but this exclusion does not apply to bodily injury or property damage resulting from the active malfunctioning ol such products or work: (l) to property damage to the named insured's products arising out of such products or any part of such products; (m) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion there of. or out of materials, parts or equipment furnished in connection therewith; (n) to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the named insured's products or work completed by or for the named insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein. II. Persons Insured Each of the following is an insured under this insurance to the extent set forth below; (a) if the named insured is designated in the declarations as an individual, the person so designated but only with respect to the conduct of a business of '*hich he is the soie pro prietor, . Continued on page 2 LI EXX 012904 Page 2 b> if the named insured is designated in the declarations a a Subject to the above provisions respecting "each person" and partnership or joint venture, the partnership or joint s "each occurrence", the total liability of the company for all venture so designated and any partner or member thereof damages because of U' all bodily injury included within the but onl> with respect to his Itabihry as such. completed operations hazard and (2) all bodily injury included C; if the named insured is designated in the declarations as , other than an individual, partnership or joint venture, the ' within the products hazard shall not exceed the limit of bodily injury liability stated in the declarations as "aggregate". organization so designated and any executive officer. , director or stockholder thereof while acting within the Coverage B--The total liability of the company for all damages scope of his duties as such; because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed (d) any person (other than an employee of the named insured) the limit of property damage liability stated in the declarations or organization while acting as real estate manager for the as applicable to "each occurrence". named insured; and Subject to the above provision respecting "each occurrence". the (e) w'ich respect to the operation, for the purpose of locomotion total liability of the company for all damages because of all upon a public highway, of mobile equipment registered under property damage to which this coverage applies and described in any motor vehicle registration law, any of the numbered subparagraphs below shall not exceed the (i) an employee of the named insured while operating any such equipment in the course of his employment, and limit of property damage liability stated in the declarations as "aggregate": (ii) any other person while operating with the permission of the named insured any such equipment registered in the name of the named insured and any person or organization legally responsible for such operation, but only if there is no other valid and collectible insurance available, either on a primary or excess basis, to such person or organization; provided that no person or organization shall be an insured under this paragraph (e) with respect to: (1) bodily injury to any fellow employee of such person injured in the course of his employment, or (2) property damage to property owned by, rented to, in charge of or occupied by the named insured or the employer of any person described in subparagraph (ii). This insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named tnsured. (1) all property damage arising out of premises or operations rated on a remuneration basis or contractor's equipment rated on a receipts basis, including property damage for which liability is assumed under any incidental contract relating to such premises or operations, `but excluding property damage included in subparagraph 2) below; (2) all properly damage arising out of and occurring in the course of operations performed for the named insured by independent contractors and general supervision thereof by the named insured, including any such property damage for which liability is assumed under any incidental contract relating to such operations, but this subparagraph (2) does not include property damage arising out of maintenance or repairs at premises owned by or rented to the named insured or structural alterations at such premises which do not involve changing the size of or moving buildings or other structures; (3) all property damage included within the products hazard and all property damage included within the completed operations hazard. m. Limits of Liability Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company s liability is limited as follows: ~ Coverage A--The limit of bodily injury liability stated in the declarations as applicable to "each person" is the limit of the company's liability for all damages because of bodily injury sustained by one person as the result of any one occurrence; but subject to the above provision respecting "each person", the total liability of the company for all damages because of bodily injury sustained by two or more persons as the result of any one occur rence shall not exceed the limit of bodily injury liability stated in the declarations as applicable to "each occurrence". I j + Such aggregate limit shall apply separately to the property damage described in subparagraphs (1), (2) and (3). above, and under subparagraphs (l) and (2), separately with respect to each project away from premises owned by or rented to the named insured. Coverages A and B--For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same genera) conditions shall be considered as arising out of one occurrence. IV. Policy Period; Territory This insurance applies only to bodily injury or property damage which occurs dunng the policy period within the policy territory. C-1J13V Edition JuI> 1. 1906 Mi*rce in v s a J1.S. (CGL) EXX 012905 AMENDMENT OF CANCELATION CONDITION (Michigan) It is agreed that the first paragraph of the Cancelation Condition is amended to read as follows: This policy may be canceled by the named insured by mailing to the company written noticf stating when thereafter the cancelation shall be effective. This policy may be canceled by the company by mailing to the named insured at his address last known to the company or its authorized agent written notice stating when not less than ten days thereafter such cancelation shall be effective. The effective date of cancelation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. This endorsement is executed by The Travelers Insurance Company as respects insurance afforded by that company only. It is executed by The Travelers Indemnity Company as respects insurance afforded by that company only, The Travelers Insurance Company The Travelers Indemnity Company 3850A C-8428 9*58 paimtcq ih u.s.a. ' Secretary EXX 012906 3991A REMUNERATION OF EXECUTIVE OFFICERS--TEXAS i As respects executive officers in Texas, it is ayreed that "$200" shall be substituted for "$300" in the definition of the word "remu neration" in Condition 1 of the policy. The Travelers Insurance Company The Charter Oak Fire Insurance Company 3991A C-7482 3-64 i*rco in u.s a EXX 0J2907 CONTRACTUAL LIABILITY INSURANCE COVERAGE PART (Designated Contracts Only) DECLARATIONS SCHEDULE Forming part of Policy Vn RK3LQ 3^^3^^5 No. Designation of Contracts Code Premium Bases (a> Number (bj Cost Rates B.I. ,1P.D1. j u; Per C wtract (b) Per $! 00 of Cost Advance Premium B.I. || P.D. - ALL WRITTEN CONTRACTS EXCEPT THOSE DEFINED JN THE DEFIN ITION OF THE POLICY SEE END 8000(B) (C) k (F) 1 Toni I. Coverage Y--Contractual Bodily Injury Liability to which this insurance applies, caused by an occurrence, and the Coverage Z--Contractual Property Damage Liability company shall have the right and duty to defend any suit against the insured seeding damages on account of such bodily injury or The company will pay on behalf of the insured all sums which the property damage, ever, if any of the allegations of the suit are insured, by reason of contractual liability assumed by him under a groundless, false or fraudulent, and may make such investigation contract designated in the schedule for this insurance, shall be and settlement of any claim or suit as it deems expedient, but the come legally obligated to pay as damages because of company shall not be obligated to pay anv claim or judgment or Coverage Y. bodily injury or to defend a.nv suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settle Coverage Z. property damage j ments. (Continued i Page 2) L3 EXX 012908 CONTRACTUAL LIABILITY INSURANCE COVERAGE PART (Designated Contracts Only) DECLARATIONS SCHEDULE Forming part of Policy Vo RK3LQ~31 3^1 5 No. Designation of Contracts r-. 1 Premium Code ! Bases Rales B.I. P.D. 1 (a) Number (b) Cost UJ Per Contract lb) Per $100 of Cost Advance Premium B.I. P.D. ALL WRITTEN CONTRACTS EXCEPT THOSE DEFINED .IN THE DEFIN ITION OF THE POLICY SEE END 8000(B) (C) 4. (F) i l 1 ! 1 1 i 1i / Total I. Coverage Y--Contractual Bodily Injury Liability to which this insurance applies, caused by an occurrence, and the Coverage Z--Contractual Property Damage Liability The company will pay on behalf of the insured all sums which the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage. e%en if any of the allegations of the suit are insured, by reason of contractual liability assumed by him under a 1 groundless, false or fraudulent, and may make such investigation contract designated in the schedule for this insurance, shall be* and settlement of any claim or suit as it deems expedient, but the come legally obligated to pay as damans because of compar.s shall not be obligated to pav any claim or judgment or Coverage Y. bodily injury or Coverage Z. property damage to defend anv suit after the applicable limit of the company's liability has been exhausted by pasment of judgments or settle t ments. (Continued on Page 2) L3 EXX 1299 PERSONAL INJURY LIABILITY INSURANCE COVERAGE PART ADDITIONAL DECLARATIONS Forming part of Pnlirv RKSLG"301 3^1 5 CoTerfe Limits of Liability P. Persona! Injury Liability The insurance afforded is only with respect to personal injury arising out of an offense included within such of the following groups of offenses as are indicated by specific premium charge or charges. 1 250#000 each person aggregate t 500*000 general aggregate Insured's Parfiriparion * 7e Groups of Offenses A. False Arrest, Detention or Imprisonment, or Malicious Prosecution B. Libel, Slander, Defamation or Violation of Right of Privacy C. Wrongful Entry or Eviction or Other Invasion of Right of Private Occupancy * t t Minimum Premium $ Total Advance Premium l Advance Premium INCLUDED IN COMPOSITE INCLUOED IN COMPOSITE The premium stated in the declarations is an estimated premium only. Upon termination of this policy, the earned premium for each group of offenses for which insurance is afforded shall be the following percentages of the basic limits "Owners'. Landlords' and Tenants' '* and "Manufacturers' and Contractors* " earned bodily injury liability premium. Group A__ Group Group C--1*$.% ' q; The premium developed as per above shall be subject to an increased limits of liability factor of__________ ____________ . I. Coverage P--Personal Injury Liability The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury (herein called "personal injury") sustained by any person or organization and arisingout of one or more of the following 0 offenses committed in the conduct of the named insured's business: Group A--false arrest, detention or imprisonment, or mali cious prosecution: Group B--the publication or utterance of a libel or slander or of other defamatory or disparaging material, or a publication or utterance in violation of an in dividual's right of privacy; except publications or utterances in the course of or related to advertising, broadcasting or telecasting activities conducted by or on behalf of the named insured; Group C--wrongful entry or eviction, or other invasion of the right of private occupancy; if such offense is committed during the policy period within the United States of America, its territories or possessions, or Canada, and the company "shall have the right and duty to defend any suit against the insured seeking damages on account of such personal injury even if any of the allegations of the suit are ground less, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settle ments. Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement, (b) to personal injury arising out of the wilful violation of a penal statute or ordinance committed by or with the knowledge or consent of any insured; (c) to personal injury sustained by any person as a result of an offense directly or indirectly related to the employment ol such person b> the named insured; (d) to personal injury arising out of any publication or utter ance described in Group B, if the first injurious publication or utterance of the same or similar material by or on behalf of the named insured was made prior to the effective date of this insurance; (el to personal injury arising out of a publication or utterance described in Group B concerning any organization or busi ness enterprise, or its products or services, made bv or at the direction of any insured with knowledge of the falsity there of. II. Person* Insured Each of the following is an insured under this insurance to the extent set forth below: (a) if the named insured is designated in the declarations as an individual, the person so designated: (b) if the named insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c) if the named insured is designated in the declarations as other than an individual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such. This insurance does nortpply to personal injury arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured. QI. Limits of Liability--Insured's Participation Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain personal injury, or (J) claims made or suits brought on account of personal injury, the total liability of the company for all damages because of ail personal injury to which this coverage applies, sustained by any one person or organization, shall not exceed the limit of personal injury liability stated in the declarations as "each person aggregate". Subject to the above provision respecting "each person aggregate", the total limit of the company's liability under this cover age for all damages shall not exceed the limit of personal injury liability stated in the declarations as "general aggregate". *lf a participation percentage is stated in the schedule for the insured, the company shall not be liable for a greater proportion of any loss than the difference between such percentage and one hundred percent and the balance of the loss shall be borne by ! the insured; provided, the companv may pay the insured's portion | of a loss to effect settlement of the loss. and. upon notification of the action taken, the named insured shall promptly reimburse the company therefor. IV. Amended Definition When used in reference to this insurance: "damages" means onlv those damages which are payable because of personal injury arising out of an offense to which this + insurance applies. C I19JS Edition Ju;y 1. I1** R?. 4 l-l**: S. CP!) L 15A EXX 012910 u aI A ,iUJVJ *4 k """il , A 1 WnA. (Automobile and General Liability Insurance) It is agreed that the premium pertaining to New York for Liability and Medical Payments insurance is subject to discount in accordance with the following procedure: 1. New York Standard Premium. Such premium pertaining to N'ew York computed in accordance with the pro visions of the policies designated in paragraph S hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, shall be known as the New York Standard Premium. 2. Total Standard Premium For All States. The Liability and Medical Payments premium computed in accordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, any Automatic Premium Adjustment Endorsement, any Premium Return Plan Endorsement, or other Premium Discount Endorsement, shall be known as the Total Standard Premium. 3. Premium Discount--New York (a) For policy periods of one year or less--The New York Standard Premium shall be subject to the applicable discount percentages for the Total Standard Premium obtained from the Table of "New York Premium Dis count Percentages." (b) For policy periods of more than one year--The New York Standard Premium for each annual period or portion thereof during the policy period shall be subject to the applicable discount percentages stated in said Table of "New York Premium Discount Percentages" opposite the Total Standard Premium for the policies for each such period or portion thereof during the policy period. (c) If retrospective rating is applicable to a part of the premium pertaining to New York, the amount of premium discount applicable to the New York Standard Premium, exclusive of any premium subject to any retrospec tive rating plan, shall be the difference between (1) the discount determined by applying to the New York Standard Premium the applicable percentages stated in said Table opposite the Total Standard Premium and (2) the discount determined by applying to that portion of the New York Standard Premium which is subject to retrospective rating the applicable percentages stated in said Table opposite so much of the Total Standard Premium as is subject to retrospective rating. (d) The provisions of this endorsement shall not apply in the event the New York Standard Premium is $100 or less and in no event shall the application of the provisions of this endorsement result in an earned premium of less than $100 as applicable to New York. 4. Table--New York Premium Discount Percentages. Stated on Pages 2 and 3 of this endorsement. 5. Policy Numbers RKSLG-3OI36I5 RSLA-5886947 RPCA-487967 RCAX-5CW016 RSLGC-3542II5 Estimated Standard Premium Total Applicable Premium Discount Percentages based on Total Estimated Advance Standard Premium: General Liability________ % Automobile Liability--Garages_________% Taxis, Livery, Buses and Long Haul Truckmen________ % Amending Policy All Other Automobile Liability________ % RKSLG-3OI 36l 5 This endorsement is executed by The Travelers Insurance Company as respects insurance afforded by that company only, it is executed by The Travelers Indemnity Company as respects insurance afforded by that company only. The Travelers Insurance Company The Travelers Indemnity Company 44! 11 < it EXX 0129U New York Premium Discount Percentages (Forming a part of Endorsement 3760A) rage i Total Standard Premium (See Note) (i) $1,000 or less 1.0S0 1,100 1,150 1,200 1,250 1,300 1,350 1,400 1,450 1,500 1,550 1,600 1,650 1,700 1,750 1,800 1,850 1,900 1,950 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2.900 3,000 3,100 3,200 3,300 3,400 3,500 3,600 3,700 3,800 3,900 4,000 4,200 4,400 4,600 4,800 5,000 5.200 5,400 5,600 5.800 6,000 6.200 6,400 6.600 6.800 General Liability (2) 0.0% 0.7 1.2 1.6 1.9 2.3 2.6 2.9 3.1 3.4 3.6 3.8 4.0 4.2 4.4 4.6 4.7 4.9 5.0 5.2 5.4 5.6 5.8 6.0 6.2 6.4 6.5 6.7 6.8 6.9 7.1 7.2 7.3 7.4 7.5 7.5 7.6 7.7 7.8 7.8 7.9 8.1 8.2 8.3 8.4 8.5 8.8 9.1 9.3 9.5 9. , 99 10 1 10.3 10.4 Automobile Liability (or Carafe* Tain. Livery. Bute* and All Other Lone Haul Automobile Truckmen Liability (3) o.o% 0.3 0.6 0.7 09 (4) 0.0% 0.1 0.1 0.1 0.2 (5) 0.0% 0.3 0.5 0.7 0.8 1.1 0.2 1.2 0.2 1.4 0.3 15 0.3 1.6 0.3 1.0 1.1 1.2 1.3 1.4 1.7 0.3 1.5 1.8 0.4 1.6 1.9 0.4 1.7 2.0 0.4 1.8 2.1 0.4 1.9 2.2 0.4 2.0 2.3 0.5 2.0 2.3 0.5 2.1 2.4 0.5 2.2 2.5 0.5 2.2 2.6 0.5 2.3 2.7 0.5 2.4 2.8 0.6 2.5 2.9 0.6 2.6 3.0 0.6 2.7 3.0 0.6 2.7 3.1 0.6 2.8 3.2 0.6 2.9 3.2 0.6 2.9 3.3 0.7 3.0 3.4 0.7 3.0 3.4 0.7 3.1 3.5 0.7 3.1 3.5 0.7 3.2 3.6 0.7 3.2 3.6 0.7 3.2 3.6 0.7 3.3 3.7 0.7 3.3 3.7 0.7 3.3 3.7 0.7 3.4 3.8 0.8 3.4 3.8 0.8 3.5 3.9 0.8 3.5 3.9 0.8 3.5 4.0 0.8 3.6 4.1 0.9 3.7 4.3 1.2 3.9 4.5 1.4 4.1 4.7 1.6 4.3 4.8 1.8 4.4 5.0 2.0 4.6 5.1 2.2 4.7 5.3 2.3 4.8 5.4 2.5 5.0 5.5 2.6 5.1 Total Standaid Premium (See Note) (i) $7,000 7,200 7,400 7,600 7,800 8,000 8,200 8,400 8,600 8,800 9,000 9,200 9,400 9,600 9,800 10,000 10,500 11,000 11,500 12,000 12,500 13,000 13,500 14,000 14,500 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 24,000 25,000 27,500 30,000 32,500 35,000 37,500 40,000 42,500 45,000 47,500 50,000 52,500 55,000 57,500 60,000 62,500 65,000 67,500 70,000 72,500 C-9U?4 4-61 MIlTCOH llli. (Continued on reverse side) General Liability (2) 10.6% 10.7 10.9 11.0 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 12.0 12.1 12.2 12.4 12.5 12.7 12.8 12.9 13.0 13.1 13.2 13.3 13.4 13.6 13.7 13.8 13.9 14.0 14.1 14.2 14.2 14.3 14 4 14.5 14.8 15.3 IS.7 16.1 16.4 16.7 16.9 17.1 17.3 17.5 17.7 17.8 18.0 18.1 18 2 18.3 18.4 18.5 Taju. Livery. Automobile Bu*e* and (or Garage* Truckmen (3) 5.6% 5.7 5.8 5.9 6.0 (4) 2.8% 2.9 3.0 3.1 3.3 6.1 3.4 6.2 3.5 6.3 3.6 6.3 3.6 6.4 3.7 6.5 3.8 6.5 3.9 6.6 4.0 6.7 4.0 6.7 4.1 6.8 4.2 6.9 4.4 7.1 4.'5 7.2 4,6 7.3 4:8 7.3 4.9 7.4 5.0 7.5 5.1 7.6 5.1 7.6 5.2 7.7 5.3 7.8 5.5 7.9 5.6 8.0 5.7 8.1 5.8 8.2 5.9 8.2 5.9 8.3 6.0 8.3 6.1 8.4 6.1 8.5 6.2 8.5 6.3 8.8 6.5 9.2 6.8 9.5 7.1 9.8 10.1 10.3 10.5 10.7 7.3 7.5 7.7 7.8 8.0 10.8 11.0 11.1 11.2 11.3 8.1 8.2 8.3 8.4 8.5 11.5 11.5 11.6 11.7 11 8 8.6 8.6 8.7 8.8 8.8 All Other Lability (5) 5.2% 5.3 5.4 5.5 5.6 5.7 57 5.8 5.9 6.0 6.0 6.1 6.2 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 7.0 7.0 7.1 7.2 7.3 7.4 7.5 7.5 7.6 7.7 7.7 7.8 7.9 7.9 8.0 8.1 8.3 8.6 8.9 9.2 9.4 9.6 9.8 10.0 10.1 10.3 10.4 10.5 10 6 10.7 10.8 10.9 10.9 11.0 EXX 012912 PREMIUM DISCOUNT ENDORSEMENT--NORTH CAROLINA (Automobile and General Liability Insurance) The premium pertaining to North Carolina lor Liability and Medical Payments insurance is subject to discount in accordance with the following procedure: 1. North Carolina Standard Premium. Such premium pertaining ro North Carolina computed m accordance with the provisions ol the policies designated in paragraph 5 hereot, other than this endorsement anti exclusive of the applica tion of any retrospective rating plan and exclusive ol any premium under any Automobile Liability Police appli cable with respect to automobiles classified as "Livery." "Buses other than School Buses" and "Long Haul Truckmen" shall be known as the North Carolina Standard Premium. 2. Total Standard Premium for All States. The Liability and Medical Payments premium computed m accordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, any Automatic Premium Adjustment Endorsement, any Premium Return Plan Endorsement, or other Premium Discount Endorsement, shall be known as the Total Standard Premium. 3. Premium Discount--North Carolina (a) For policy periods of one year or less--The North Carolina Standard. Premium, exclusive of any premium subject to any retrospective rating plan, shall be subject to the applicable discount percentages for the Total Standard Premium obtained from the Table of "North Carolina Premium Discount Percentages." (b) For policy periods of more than one year--The North Carolina Standard Premium for each annual period or portion thereof during the policy period shall be subject to the applicable discount percentages stated in said Table of "North Carolina Premium Discount Percentages" opposite the Total Standard Premium for the policies for each such period or portion thereof during the policy period. (c) If retrospective rating is applicable to a part of the premium pertaining to North Carolina, the amount of premium discount applicable to the North Carolina Standard Premium, exclusive of any premium subject to any retrospective rating plan, shall be the difference between (1) the discount determined by applying to the North Carolina Standard Premium the applicable percentages stated in said Table opposite the Total Standard Premium, and (2) the discount determined by applying to that portion of the North Carolina Standard Pre mium which is subject to retrospective rating the applicable percentages stated in said Table opposite so much of the Total Standard Premium as is subject to retrospective rating. 4. Table--North Carolina Premium Discount Percentages. Stated on Pages 2 and 3 of this endorsement. 5. Policy Numbers RKSLG-3OI36I5 rsla-5889*7 RPCA-407967 RCAX-509016 RSLGC-3542II5 Estimated Standard Premium Total Applicable Premium Discount Percentages based on TotalEstimated Advance Standard Premium: General Liability_________ % Automobile Liability--Garages________ ^ Taxis--------------% All Other Automobile Liability Except Livery. Buses other than School Buses, and Long Haul Truckmenc'c Amending Pohey No RKSLG^OI 3^ 5 1 h:s endorsement Is executed by The Travelers Insurance Cumpanc as respects insurance afforded by chat company only :l .> executed by The Travelers Indemnity Company as respects insurance afforded by that company only. Tin. Tk w i.i.tK* Ivv.kwcl Court w The Ts.wcixrs Indemnity Cour \ny 4080A EXX 01^913 Tot.il Sunward Premium (See Note) (i) $1.000 or less 1,050 1,100 1,150 1,200 1,250 1,300 1,350 1.400 1,450 1,500 1,550 1,600 1,650 1,700 1,750 1,800 1,850 1,900 1,950 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3.300 3,400 3,500 3,600 3,700 3.800 3,900 4,000 4,200 4,400 4,600 4,800 5,000 5,200 5,400 5,600 5,800 6.000 6,200 6.400 6.600 6.500 General Liabilay (2) 0.0% 0.7 1.2 1.6 1.9 2.3 2.6 2.9 3.1 3.4 3.6 3.8 4.0 4.2 4.4 4.6 4.7 4.9 5.0 5.2 5.4 5.6 5.8 6.0 6.2 6.4 6.5 6.7 6.3 6.9 7.1 7.2 7.3 7.4 7.5 7.5 7.6 7.7 7.8 7.8 7.9 8.1 8.2 8.3 S.4 8.7 9.1 9.6 10 0 10.4 10.8 11.1 11.4 11 7 12.0 C-isn. 3-f.j Automobile Liabifit'--- Gances (3) 0.0% 0.3 0.6 0.7 0.9 l.t 1.2 1.4 1.5 1.6 1.7 1.8 1.9 2.0 2.1 2.2 2.3 2.3 2.4 2.5 2.6 2.7 2.8 2.9 3.0 3.0 3.1 3.2 3.2 3.3 3.4 3.4 3.5 3.5 3.6 3.6 3.6 3.7 3.7 3.7 3.8 3.8 3.9 3.9 4.0 4.2 4.6 4.9 5.2 5.5 5.8 6.1 6.3 6.5 6.8 Morta Carolina Premium Discount Percentages (Forming a Part of Endorsement 4080A) Taxis (4) All Other Auto mobile Liability Exceot Livery, Buses other than School Buses, and L<>ng Haul Truckmen (3) Total Standard Premium (See Note) (i) General Liability (2) 0.0% 0.1 0.1 0.1 0.2 0.2 0.2 0.3 0.3 0.3 0.3 0.4 0.4 0.4 0.4 0.4 0.5 0.5 0.5 0.5 0.5 0.5 0.6 0.6 0.6 0.6 0.6 0.6 0.6 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.8 0.8 0.8 0.8 0.8 0.9 1.2 1.4 1.6 1.3 2.0 1 *7 2.3 2.5 2.6 0.0% 0.3 0.5 0.7 0.8 1.0 1.1 1.2 1.5 1.4 1.5 1.6 1.7 1.8 1.9 2.0 2.0 2.1 2.2 2.2 2.3 2.4 2.5 2.6 2.7 2.7 2.8 2.9 2.9 3.0 3.0 3.1 3.1 3.2 3.2 3.2 3.3 3.3 3.3 3.4 3.4 3.5 3.5 3.5 3.6 3.8 4.2 4.5 4.3 5.1 5.4 56 59 61 63 $7,000 7,200 7,400 7,600 7,800 8,000 8,200 8,400 8,600 8,800 9,000 9,200 9,400 9,600 9,800 10,000 10,500 11,000 11,500 12,000 12,500 13,000 13,500 14,000 14,500 15,000 16,000 17,000 13,000 19,000 20,000 21,000 22,000 23,000 24,000 25,000 27,500 30,000 32,500 35,000 37,500 40,000 42,500 45,000 47,500 50,000 52,500 55.000 57,500 60,000 62.500 65.000 67.500 70.000 72.500 12.3% 12.5 12.8 13.0 13.2 13.4 13.6 13.8 14.0 14.1 14.3 14.5 14.6 14.7 14.9 15.1 15.4 15.7 15.9 16.2 16.4 16.6 16.7 16.9 17.1 17.3 17.5 17.3 18.0 18.1 18.3 18.5 18.6 18.7 18.8 19.0 19.2 19.5 19.8 20.1 20.4 20.6 20.3 21.0 21.1 21.3 21.4 21.5 21 6 21.7 21.8 21.9 22.0 22.0 22.1 (Continued on reverse side) Automobile Liability-- Garages (3) 7.0% 7.2 7.3 7.5 7.7 7.8 8.0 8.1 8.3 8.4 3.5 8.6 8.7 8.8 8.9 9.1 9.3 9.6 9.7 9.9 10.1 10.2 10.4 10.5 10.6 10.8 11.0 11.1 11.3 11.4 11.6 11.7 11.8 11.9 12.0 12.1 12.3 12.5 12.7 13.0 13.2 13.3 13.5 13.6 13.7 13.9 14.0 14.0 14.1 14.2 14.3 14.3 14.4 14.5 14.5 Taxis (4) AH Other Auto mobile Liability Except Livery. Buses cither than School Buses, and Long Haul Trucxmen (5) 2.8% 2.9 3.0 3.1 3.3 3.4 3.5 3.6 3.6 3.7 3.8 3.9 4.0 . 4.0 4.1 4.2 ` 4.4 , 4.5 4.6 4.8 4.9 5.0 5.1 5.1 5.2 5.3 5.5 5.6 5.7 5.8 5.9 5.9 6.0 6.1 6.1 6.2 6.3 6.5 6.8 7.1 7.3 7.5 1.1 7.8 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.6 8.7 3.8 S.3 6.5% 6.7 6.9 7.1 7.2 7.4 7.5 7.7 7.8 7.9 8.1 8.2 8.3 8.4 8.5 8.7 8.9 9.1 9.3 9.5 9.6 9.8 9.9 10.0 10.1 10.3 10.5 10.7 10.8 11.0 11.1 11.2 11.3 11.4 11.5 11.6 11.8 12.0 12.3 12.5 12.7 12.8 13.0 13.1 13.3 13.4 13.5 13.6 13.6 13.7 13.8 13.8 13.9 14.0 14.0 EXX 012914 r *f 4 u*-/lO.`Hi. 4I 1 -- i (General Liability Inturtnce) It is agreed that the premium pertaining to Texas for General Liability and Medical Payments insurance is subject to discount in ac cordance with the following procedure: 1. Texas General Liability Standard Premium. Such premium pertaining to Texas computed in accordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plait, shall be known as the Texas General Liability Standard Premium. 2. Total Standard Premium For All States. The General Liability and Medical Payments Premium computed in accordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, any Automatic Premium Adjustment Endorsement, any Premium Return Plan Endorsement, or ocher Premium Discount Endorsement. <hall he known as the Total Standard Premium. 3. Premium Discount-^Texss (a) For policy periods of one year or less--The Texas General Liability Standard Premium shall be subject to the applicable dis count percentages for the Total Standard Premium obtained from the Table of ``Texas Premium Discounts (General Liability)". (b) For policy periods of more than one year--The Texas General Liability Standard Premium for each annual period or portion thereof during the policy period shall be subject to the applicable discount percentages stated in said Table of "Texas Premium Discounts (General Liability)" opposite ne Total Standard Premium for the policies for each such period or portion thereof during the policy period. (c) If retrospective racing is applicable to a part of the premium pertaining to Texas, the amount of premium discount applicable to the Texas General Liability Standard Premium, exclusive of any premium subject to any Retrospective Rating Plan, shall be the difference between (l) the discount determined by applying to the Texas General Liability Standard Premiurr\ the applicable percentages stated in said Table opposite the Total Standard Premium, and (2) the discount determined by applying to that portion of the Texas General Liability Standard Premium which is subject to retrospective rating the applicable percentage stated in said Table opposite so much of the Total Standard Premium as is subject to retrospective rating. 4. Table of Texas Premium Discount Percentages--Stated below and on Page 2 of this endorsement. 5. Policy Numbers RKSLG-3013615 rsla^866$47-- RPCA-487967 RCAX-50901b Estimated Standard Premium .Totai Applicable premium discount percentage based on total estimated advance standard premium:. TABLE OF TEXAS PREMIUM DISCOUNT PERCENTAGES (General Liability) Premium Discount Total General Liability Percentage* Applicable Standard Premium to Texas General Lia- (See Note 1) bility Standard Premium (1) (2) Si .000 or less 1.006 1.018 1.030 1.042 .0% .1 .2 .3 .4 1 .OSS 1.068 1 .081 1.095 1.109 .5 .6 7 8 .9 1.123 1.138 1.153 1 .168 1 .184 I0 1.1 1.2 i. > 14 1.200 l .21T I 235 1.252 1.271 1.5 1 .0 i: 1.8 1 .9 Premium Discount Total General Liability Percentages Applicable Standard Premium to Texas General Lia- (See Note 1) bility Standard Premium (1) (2) S 1,289 1,309 1.329 1,349 1.371 20% 2.1 2.2 2.3 2.4 1,392 1.415 1.439 1.463 1.488 2.5 2.6 2.7 2.8 2.9 1,514 1,540 1.568 1.597 1.627 3.0 3.1 3.2 3 .5 3.4 1.658 1 .690 1.723 1.758 1.794 3.5 36 37 33 3.9 Premium Discount Total General Liability Percentages Applicable Standard Premium to Texas General Lia- (See Note 1) bility Standard Premium (1) (2) t 1.832 1,871 1,913 1,956 2,000 4.0% 4.1 4.2 4.3 4.4 2.048 2.097 2,149 2.203 2,260 4.5 4.6 4.7 4.8 4.9 2.320 2.384 2.451 2.522 2,598 50 5.1 5.2 5.3 54 2.677 2.762 2.353 2.950 3.053 5.5 5.6 5.7 55 5.9 (Continued on Page 2) 012^5 E*X PREMIUM DISCOUNT ENDORSEMENT--VIRGINIA (General Liability Insurance) Page 1 The premium pertaining to Virginia lor General Liability and Medical Payments insurance is subject to discount in accordance with the lollowing procedure: 1. Virginia General Liability Standard Premium. Such premium pertaining to Virginia computed in ac cordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application oi any retrospective rating plan, shall be known as the Virginia General Liability Standard Premium. 2. Total Standard Premium For All States. The General Liability and Medical Payments Premium com puted in accordance with the provisions of the policies designated in paragraph 5 hereof, other than this endorsement and exclusive of the application of any retrospective rating plan, any automatic premium adjustment endorsement, any premium return plan endorsement, or other premium discounc endorse ment, shall be known as the Total Standard Premium. 3. Premium Discount--Virginia (a) For policy periods of one year or less--The Virginia General Liability Standard Premium shall be subject to the applicable discount percentages for the Total Standard Premium obtained from the Table of "Virginia Premium Discounts (General Liability Insurance)." 1 (b) For policy periods of more than one year--The Virginia General Liability Standard Premium for each annual period or portion thereof during the policy period shall be subject to thfe applicable discount percentages stated in said Table of "Virginia Premium Discounts (General Liability Insurance)" opposite the Total Standard Premium for the policies for each such period or portion thereof during the policy period. (c) If retrospective rating is applicable to a part of the premium pertaining to Virginia, the amount of premium discount applicable to the Virginia General Liability Standard Premium, exclusive of any premium subject to any Retrospective Rating Plan, shall be the difference between (1) the discount determined by applying to the Virginia General Liability Standard Premium the applicable per centages stated in said Table opposite the Total Standard Premium, and (2) the discount determined by applying to that portion of the Virginia General Liability Standard Premium which is subject to retrospective rating the applicable percentage stated in said Table opposite so much of the Total Standard Premium as is subject to retrospective rating. 4. Table--Virginia Premium Discount Percentages--Stated on Page 2 of this endorsement. 5. Policy Numbers Estimated Standard Premium RKSLG-3OI36I5 RSLA-5888947 RPCA-487Q67 RCAX-5O9OI6 RSLGC-fflteng _______________ _______________ Total Applicable premium discount percentage based on total estimated advance standard premium-_______ % This endorsement is executed by The Travelers Insurance Company as respects insurance afforded by that company only; it is executed by The Travelers Indemnity Company as respects insurance afforded by that company only. The Travelers Insurance Company The Travelers Indemnity Company OA f 1 Qf EVI mo06 Of : RATION ADJUSTMENT I C-9141 l-Dl Vn'c: h . S * OfeiCE anO NAME Of ADENT EXX 012916 Total Standard Premium See Note 1) (i) 31.000 or less 1.050 1.100 1.150 1,200 1,250 1,300 1,350 1,400 1,450 1,500 1,550 1,600 1,650 1,700 1,750 1,800 1,850 1,900 1,950 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400 3,500 3,600 3,700 3,800 3,900 4,000 4,200 4,400 4,600 4,800 5,000 5,200 5,400 5,600 5.800 6.000 6.200 6.400 6.600 6.800 VIRGINIA PREMIUM DISCOUNTS General Liability Insurance (Forming a part of Premium Discount Endorsement--Virginia 4109A) Premium Discount Percentage Applicable to V rjima standard Premium (2) 0.0^ 0.7 1.2 16 1.9 2.3 2.6 2.9 3.1 3.4 3.6 3.8 4.0 4.2 4.4 4.6 4.7 4.9 5.0 5.2 5.4 5.6 5.8 6.0 6.2 6.4 6.5 6.7 6.8 6.9 7.1 7.2 7.3 7.4 7.5 7.5 7.6 7.7 7.8 7.8 7.9 8.1 8.2 8.3 8.4 8.7 9.1 9.6 10.0 10.4 10. S 11.1 11.4 11.7 12.0 Total Standard Premium See Note 11 (i) S7.000 7.200 7.400 7,600 7,800 8,000 8,200 8.400 8.600 8,800 9,000 9.200 9,400 9,600 9,800 10.000 10,500 11,000 11,500 12,000 12,500 13,000 13,500 14,000 14,500 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 24,000 25,000 27,500 30,000 32,500 35,000 37,500 40,000 42.500 45.000 47,500 50,000 52.500 55,000 57.500 60.000 Premium Dixouru Percentage Applicable to Virginia Standard Premium (2) 12.3<T 12.5 12 8 13.0 13.2 13.4 13.6 13.8 14.0 14.1 14.3 14.5 14.6 14.7 14.9 15.1 15.4 15.7 15.9 16.2 16.4 16.6 16. 7 16.9 17.1 17.3 17.5 17.8 18.0 18.1 18.3 18.5 18.6 18.7 IS.8 19.0 19.2 19.5 19.8 20.1 20.4 20.6 20.8 21.0 21.1 21.3 21.4 21.5 21.6 21.7 Premium See Note l) a 562.500 65.000 67,500 70.000 72.500 Premium (2) 21.8<To 21.9 22.0 22 0 22.1 75.000 30,000 85.000 90.000 95,000 22.2 22.3 22.4 22.5 22.6 100,000 105.000 110,000 115,000 120,000 22.7 23.0 23.3 23.5 23.7 125,000 130,000 135,000 140,000 145,000 23.9 24.0 124.2 ?24.4 24.5 150,000 162,500 175,000 187.500 200,000 24.7 25.0 25.2 25.5 25.6 212,500 225,000 237,500 250,000 262,500 275.000 287.500 300,000 312,500 325,000 25.S 25.9 26.1 26.2 26.3 26.4 26.5 26.6 26.6 26.7 337,500 350,000 362,500 375,000 387,500 26.8 26.8 26.9 27.0 27.0 400,000 412,500 425,000 437.500 450,000 27.0 27.1 27.1 27.2 27.2 462,500 27.2 475.000 27.3 487.500 27.3 aOO,000 and over (See Note 2) NOTE: 1. 2. am a `tlU'/A if the Total Standard Premium is between two of the amounts shown in column 'IK the premium discount percentage applicable that shown for the lower 01 such amounts. if the Total Standard Premium is S500.000 or over, the discount percentage applicable shall be determined as the weighted average of 27.3'r7 for the first 3300,000 and 2S.5for the oortion over 3500.00(1. EXX 012917 f RETROSPECTIVE PREMIUM ENDORSEMENT--PLAN______ ' SHORT FORM 2ND YEAR It is agreed that the premium for the policy shall be computed in accordance with the provisions of the DRetrospective Premium Endorsement--Plan forming a part of Policy RKSLG" 2688640 % Amending Policy No. RKSLG-3OI36I5 This endorsement is executed by The Travelers Insurance Company as respects insurance afforded by that company only; it is executed by The Travelers Indemnity Company as respects insurance afforded by that company only. The Travelers Insurance Company The Travelers Indemnity Company EXX 012910 SYMBOL NUMBERS OF ENDORSEMENTS A,..dic. Policy No. RKSLS-3013615 It is agreed that endorsements with the following symbol numbers form a part of this policy on its effective date:* 8000 (A-Y) 88oo- 9380 The Travelers Insurance Company The Travelers Indemnity Company The Chaster Oak Fire Insurance Company C-I092S I -66 PRINTED IN U.S.A. EXX 012919 Effective from. .at tHe time of day the policy becomes effective. Amending Policy RKSLG Issued to_____ Date of Issue: m^POP o1 wcoeoic EjcpiC3 i *00. 1 coot | uooe op 1 AQJUST. *00. LOC. OP *I$K A (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: IT IS AGREED THAT EXCLUSION (F) IS DELETED i This endorsement is executed on the reverse side hereof. EXX 01292 8ooo(l) SvwaoL No. Effective from. -3013615.at the time of day the policy becomes effective. A. mending Policy ,N.n RKSLG -J J Issued to_____ Date of Issue: | OM'CC ' ' 4 woe gSt 1 cx*>mi . *00. : COOE .; WAOQO^Cjir0* *00. LX. 2* s I (The information provided for above, except the policy number, is required to be stated onlv when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: EXCLUSION or PRODUCTS HAZARD EXCEPT WITH RESPECT TO HAZARDS DESCRIBED IN SCHEDULE 8800 IT IS AGREED THAT THE POLICY DOES NOT APPLY TO THE PRODUCTS HAZARD AS DEFINED THEREIN. THE WORD "OPERATIONS* AS USED IN THE PROOUCTS HAZARD INCLUDES ANY ACT OR OMISSIONS IN CONNECTION WITH OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED ON THE PREMISES OR ELSE WHERE WHETHER OR NOT GOODS OR PROOUCTS ARE INVOLVED IN SUCH OPERATIONS. This endorsement is executed on the reverse side hereof. EXX 012921 8 ( )ooo m STMOL NO, Effective from- -3013615RKS-at the time of day the policy becomes effective. Amending Policy No.. lq Issued to______ Date of Issue: i: (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars; SUCH INSURANCE AS IS AFFORDED BY THIS POLICY SHALL NOT APPLY AS RESPECTS THE FOLLOWING JOBS - JOB #710^ FOR THE PACIFIC GAS 4. ELECTRIC COMPANY, SAN FRANCISCO, CALIF. JOB #5317 SINCLAIR-KOPPERS ETHYLENE PLANT, PASADENA, TEX JOB #5370 a INTON, IOWA JOB #5377 TEXAS CITY, TEX j This endorsement is executed oa the reverse side hereof. 8ooo(n) Srwtx. No. Effective from. at the time of day the policy become* effective. aTM,*,,Policy N-. kksis-30i36i5 Issued to_____ Date of Iisue: 1 MOOC 0* 1 Apjurr |I U)|3UC._o_* + I (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: TO COVER THE INTEREST OF KELLOGG EMPLOYEES FEDERAL CREDIT UNION AS RESPECTS PREMISES AT 711 THIRD AVE NEW YORK NY This endorsement Ls executed oq the reverse side hereof. 8000(0) Sywol no EXX 012923 Effective from- Issued to_____ Date of Issue: RKSLS-3013615-at the time of day the policy becomes effective. Amending Policy No. V S\r*-' (The information provided for above, except the policy number, is required to be stared only when this endorsement is issued for attachment to the policy subsequent to us effective date.i It is agreed that as of the effective date hereof the policy is amended in the following particulars: BOTTOM OF 8800 TO READ: MINIMUM PREMIUMS PREMISES-OPS. Bl - S 127.00 E 36.00 PD - S 26.00 E 8.00 This endorsement is executed on the reverse side hereof. 8ooo(p) Stmsoi no. EXX 01E924 Effective from. SKolG30n6lo*/ _a: :he ..me of day the policy becomes effective- Amending Policy No THE M W KELLOGG CO A OiVISiON OF PULLMAN INC Issued to_ Date of Issue: ~1 -24-6S MC .... nyj-i4o MARSHqMCLEMNAN iNC-NY riv.. t>7 (The information provided for above, except the policy number, is required :o be stated on!v *hcn this endorsement is issued for attachment to the policy subsequent to :ts effective date i It is agreed that as of the effective date hereof the policy is amended in the following particulars: COMPREHENSIVE GEhERAL LIABILITY INSURANCE AS PROVIDED 3Y THE POLICY ALSO APPLIES TO DAMAGES BECAUSE of injury arising out of the rendering of or FAILURE TO RENDER, DURiNG THE PaiCY PERIOD, MEDICAL OR NURSING TREATMENT 3Y GIVE MALE NURSE EMPLOYED BY THE NAMED INSURED ON J08 #7149 IN MOUNDS'/!LL, WST /IRGINIA, SUBJECT TO THE FOLLOWING ADDITIONAL PROVISIONS: I, EXCEPT AS STATED I i THIS ENDORSEMENT, THE Pa ICY DOES NOT APPLY TO INJURY ARISING OUT OF THE RENDERING OF OR FAILURE TO RENDER THE PRO FESSIONAL SERVICES DESCRIBED ABOVE. 2. INSURED*S DUTIES IN THE EVENT OF INJURY, CLAIM OR SUIT. WHEN AN INJURY OCCURS, WRITTEN NOTICE SHALL BE GIVEN BY CR ON BEHALF OF THE INSURED, IN ACCORDANCE WITH THE "INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT" CONDITION. i 7. FIRST AID EXCLUSION. THE INSURANCE SHALL NOT APPLY TO EXPENSES INCURRED BY THE INSURED FOR FIRST AID AT THE TIME OF AN ACCIDENT AND THE "SUPPLE MENTARY PAYMENTS" PROVISION Af THE "INSURED'S DUTIES IN THE EVENT CF OCCURRENCE, CLAIM OR SUIT" CONDITION ARE AMENDED ACCORDINGLY. 4. LIMITS OF LIABILITY. THE LIMIT OF LIABILITY STATED IN THE SCHEDULE BELOW AS APPLICABLE TO "EACH -CLAIM* - IS THE LIMIT OF THE COMPANY'S LIABILITY FOR ALL DAMAGES ON ACCOUNT OF EACH CLAIM OR SUIT COVERED HEREUNDER; SUBJECT TO THE FOREGOING PROVISION RESPECTING "EACH CLAIM," THE LIMIT OF LIABILITY STATED IN THE SCHEDULE BELOW AS "AGGREGATE" IS THE TOTAL LIMIT CF THE COMPANY'S LIABILITY FOR ALL DAMAGES. 5. THE PROVISIONS OF THE NUCLEAR ENERGY EXCLUSION APPLY TO THIS INSURANCE AM) THE REMAINING EXCLUSIONS ARE REPLACED BY THE FaLOWING: THE INSURANCE UWDER THIS ENDORSEMENT DOES NOT APPLY: A. TO BOO ILY INJURY TO ANY EMPLOYEE OF THE INSURED ARISING OUT OF AND IN THE COURSE CF HIS EMPLOYMENT BY THE INSURED, OR TO ANY OBLIGA TION FOR WHICH THE INSURED OR ANY CARRIER AS HIS INSURER MAY BE HELD LIABLE UNDER ANY WORKMEN'S COMPENSATION, UNEMPLOYMENT COMPEN SATION OR DISABILITY BENEFITS LAW, OR UNDER ANY SIMILAR LAW; 3. TO THE OWNERSHIP, MAINTENANCE, OPERATION, USE, LOADING OR UNLOADING OF ANY MOTOR VEHICLE, TRAILER, SEMI-TRAILER, WATERCRAFT OR AIRCRAFT, LIMITS OF LIABILITY: SCHEDULE 42^0,000 EACH CLAIM $500,000 AGGREGATE 2 DUPLICATES ISSUED This endorsement is executed on the reverse side hereof. 8000 EXX 012925 Effective from. Amending Po.icy No.^^LG^Ol^ .at the time of day the policy becomes effective. Issued to______________ Date of Issue* !I ! 1 o4*ao'coe* i! uit !1 *** UtPiMS 1 00. 1 cooe 11 HOOC Of *QA;JT | OO. . toUeK. 0# ' * V (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. i SCHEDULE PREMISES: JOB #7662 AT MAINE MEDICAL CENTER PORTLAND, MAINE LIMITS OF LIABILITY: CLASSIFICATION 9880 BODILY INJURY 250,000 EACH PERSON ! 1,000,000 EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE * EACH OCCURRENCE $ AGGREGATE BATE COY A E TO BE DETERMINED This endorsement is executed on the reverse side hereof. ( )ooo q8 Sywx. No. EXX 01S92& Elective from. Amending Policy Vn RKSLG3Q 13^ 1 5 .at the time of day the policy becomes effective. Issued to_____ . Date of Issue: [ *0* CO US( 0*'CI 1 POPE Of.. uin *00. ( 00 coot_____________ ' wOOC Of I UOC. 0* AftJLltT____________ I nn (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: JOB #7^ AT FORT MARTIN STATION, W VA LIMITS OF LIABILITY: BOOILY INJURY EACH PERSON EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE t 500,000 EACH OCCURRENCE $ 500,000 AGGREGATE CLASSIFICATION 988O BAILJflY-B E - TO BE DETERMINED This endorsement is executed on the reverse side hereof. OOOO(R) EXX 012927 Effective from. Issued tn Date of Issue: Amending Policy SoJ*SLQ-301 361 5 .at the time of day the policy becomes effective. (The information provided for above, except the policy number, is required to be stated onlv when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PROVISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELCW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. samjLL PREMISES: JOB #5371 FOR TERRA CHEMICALS INTERNATIONAL INC AT PORT NEAL IOWA LIMITS OF LIABILITY: CLASSIFICATION BODILY INJURY i 500,000 EACH PERSON $1,000,000 EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE i 3,000,000 EACH OCCURRENCE | 3,000,000 AGGREGATE RATE COV A QY,.-B- 9880 E - TO BE DETERMINED EXCESS LIMITS CHARGE PD E 100.00 E - TO BE DETERMINED This endorsement is executed on the reverse side hereof. ooo(s)8 SrMWX. No EXX 012928 Effective from. 30 3 15.at the time of day the policy becomes effective. Amending Policy No. BXSIS- I C Issued to. Date of issue: 0*'CE 4 *aoc , *X. i , *<*00. : COOt !1 MOOC 00. LX. of *n*. (The information provided for above, except the policy number, is required to be stated onlv when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: COMPOSITE RATE ENDORSEMENT 1. THE PREMIUM FOR THE POLICY IS BASED UPON REMUNERATION AS DEFINED IN CONDITION 1 OF THE POLICY. 2. THE ADVANCE PREMIUM STATED IN THE DECLARATIONS IS AN ESTIMATED PREMIUM ONLY. UPON TERMINATION OF THE POLICY THE EARNED PREMIUM SHALL BE COM PUTED IN ACCORDANCE WITH THE PROVISIONS OF THE POLICY AND THIS ENDORSE MENT. IF THE EARNED PREMIUM THUS COMPUTED EXCEEDS THE ESTIMATED ADVANCE PREMIIM PAID, THE NAMED INSURED SHALL PAY THE EXCESS TO THE COMPANY: IF LESS, THE COMPANY SHALL RETURN TO THE NAMED INSURED THE UNEARNED PORTION PAID BY SUCH INSURED. 3. THE LIMITS OF LIABILITY EXPRESSED IN THIS POLICY ARE IN NO EVENT ` CUMULATIVE WITH THE LIMITS OF LIABILITY EXPRESSED IN ANY OTHER / LIABILITY POLICY ISSUED BY THE COMPANY TO THE NAMED INSURED. SCHEDULE HAZARD GENERAL LIABILITY 9000 TEX ESTIMATED TOTAL ANNUAL REMUNERATION IF ANY RATES PER $100 OF REMUNERATION COV A COV B ESTIMATED ADVANCE PREMIUM QQY-A COV B S- TO BE S- TO BE DETERMINED DETERMINED E- TO BE E- TO BE DETERMINED DETERMINED EXCLUDING PROOUCTS 9S90 ALL STATES $12,095,629 S- TO BE S- TO BE DETERMINED DETERMINED E- TO BE E- TO BE DETERMINED DETERMINED 3350.49 2019.97 2237.69 374.96 -- This endorsement is executed on the rererse side hereof. 8ooo(a) 5=2^ EXX 012929 Effective from. RKSLG-jQI 3&1 5at the time of day the policy becomes effective. Amending Policy No-- Issued to. | QMiCt I 4 COO co uU moc ot Aojurr wmoo. ux. o* nil (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: SUCH INSURANCE AS IS AFFORDED BY COVERAGE A OF THE POLICY APPLIES TO SUCH LIABILITY AS MAY BE IMPOSED UPON THE NAMED INSURED BY REASON OF RELEASES OR PASSES SIGNED BY EMPLOYEES OF THE NAMED INSURED WHEREBY IN ORDER TO ENTER PREMISES OF OTHERS SAID EMPLOYEES AGREES TO HOLD HARMLESS SUCH OTHERS WITH RESPECT TO INJURIES SUSTAINED BY OR INJURIES CAUSED BY SUCH EMPLOYEES WHILE ON SUCH PREMISES. This endorsement is executed on the reverse side hereof. \ 8000(B) EXX 012930 Effective from- Issued ta. Date of Issue: p^SLG-^on6^-at the time of day the policy becomes effective. Amending Policy No.. (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: SUCH INSURANCE AS IS AFFORDED UNDER COVERAGE Y OF THE POLICY AS DESIGNATED ON CONTRACTUAL LIABILITY INSURANCE COVERAGE PART L3 INCLUDES THE FOLLOWING: IT IS UNOERSTOOO THAT EMPLOYEES OF THE INSURED WHILE ENGAGED IN THE BUSINESS OF THE INSURED ENTER PREMISES OF THIRD PARTIES. SUCH EMPLOYEES MAY BE REQUIRED TO SIGN AGREEMENTS RELEASING SUCH THIRD PARTIES FROM THE INSURED'S RIGHTS OF RECOVERY AGAINST SUCH THIRD PARTIES BECAUSE OF BCOILY INJURY, INCLUDING DEATH AT ANY TIME RESULTING THEREFROM, SUSTAINED BY SUCH EMPLOYEES. IN CONSIDERATION OF THE PREMIUM HEREIN PROVIDED FOR, THE COMPANY AGREES TO WAIVE ANY RIGHT OF SUBROGATION WHICH MAY ACCRUE TO THE COMPANY UNDER CONDITION K OF ANY STAN DARD WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY POLICY ISSUED BY THE COMPANY TO THE INSURED, AGAINST ANY SUCH THIRD PARTY WITH WHOM ANY SUCH EMPLOYEE HAS ENTERED INTO SUCH AN AGREEMENT. ' This endorsement is executed on the reverse side hereof. 8000(C) 3tmol NO. EXX 012931 Effective from. Issued to_____ Date of Issue: Amending Policy Nn ^SLG~301^6l5 at the time of day the policy becomes effective. (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective dace.) It Is agreed that as of the effective date hereof the policy is amended in the following particulars: NOTICE IS ACCEPTED THAT COVERAGE AFFORDED UNOER THE POLICY SHALL APPLY ALSO TO OPERATIONS PERFORMED BY THE INSURED UNDER CONTRACT FOR U.S. NAVY DEPARTMENT, BUREAU Of ORDNANCE, WASHINGTON, D.C. AND U.S. AIR FORCES, AIR MATERIEL COMMAND, WRIGHT PATTERSON AIR FORCE BASE, DAYTON, OHIO. IT IS FURTHER AGREED - 1. WAIVER OF SUBROGATION AGAINST THE UNITED STATES THE COMPANY WAIVES ANY RIGHT OF SUBROGATION AGAINST THE UNITED STATES OF AMERICA WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY AND POLICIES RUB-3013614 ORKUB-3OI3613 CANCELATION. IN THE EVENT OF CANCELATION, THIRTY DAYS NOTICE WILL BE GIVEN THE DEPARTMENT OF THE NAVY, OFFICE OF NAVAL MATERIEL, INSURANCE BRANCH, WASHINGTON 25, D.C. LIMITS OF LIABILITY: COVERAGE A 250, OOO EACH PERSON 500, 000 EACH ACCIDENT COVERAGE B 100,000 EACH ACCIDENT 100,000 AGGREGATE OPERATIONS This endorsement is executed on the reverse side hereof. 8000(D) SrwaOl Nq EXX 012832 Effective from. Issued to_____ Date of Issue: Amending Policy No___ ^^*^*"301 at the time of day the policy becomes effective. 15 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PROVISIONS OF THE POLICY RELATING TO THE FOLLOWING: CONTRACTUAL LIABILITY INSURANCE BLANKET CONTRACTUAL LIABILITY INSURANCE IT IS AGREED THAT THE INSURANCE APPLIES TO CONTRACTUAL LIABILITY ASSUMED BY THE INSURED UNDER ANY WRITTEN CONTRACT, SUBJECT TO THE FOLLOWING ADDI TIONAL PROVISIONS: 1. THIS INSURANCE DOES NOT APPLY: A. TO LIABILITY ASSUMED BY THE INSURED UNDER ANY 1NCIDENTAL ^CONTRACT; B. TO BOOILY INJURY OR PROPERTY DAMAGE ARISING OUT OF THE CONSTRUC TION, MAINTENANCE OR REPAIR OF WATERCRAFT OR THE LOADING OR UN LOADING THEREOF; C. TO BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF OPERATIONS, WITHIN 50 FEET OF ANY RAILROAD PROPERTY, AFFECTING ANY RAILROAD BRIDGE OR TRESTLE, TRACKS, ROAD BED, TUNNEL, UNDERPASS OR CROSSING; D. TO PROPERTY DAMAGE TO TOOLS, MATERIAL OR EQUIPMENT OWNED BY ANY INOEMNITEE WILE PERFORMING OPERATIONS CONTRACTED FOR BY THE IN SURED; 2. WHEN USED AS A PREMIUM BASIS, THE WORD "SALES* MEANS THE GROSS AMOUNT OF MONEY CHARGED BY THE NAMED INSURED OR BY OTHERS TRADING UNDER HIS NAME FOR ALL GOODS AND PRODUCTS SOLD OR DISTRIBUTED DURING THE POLICY PER IOO AND CHARGED DURING THE POLICY PER100 FOR INSTALLATION, SER VICING, OR REPAIR, AND INCLUDES TAXES, OTHER THAN TAXES WHICH THE NAMED INSURED AND SUCH OTHERS COLLECT AS A SEPARATE ITEM AND REMIT DIRECTLY TO A GOVERNMENTAL DIVISION; 3. WHEN USED AS A PREMIUM BASIS, THE WORD "COST" SHALL NOT INCLUOE THE COST OF ANY OPERATIONS TO WHICH EXCLUSIONS (B) ANO (C) APPLY. This endorsement is executed on the reverse side hereof. 8ooo(f) sr"*LhEXX 012933 Effective from. Amending Policy Mo RKSLG-jOt 3^1 5 .at the time of day the policy becomes effective. Issued to_____ Date of Issue: *0* A COOf CJtffftU 1 00. Moot 0* ' AOAJir. *00. uoe. o* it* (The information provided for above, except the policy number, is required to be stated only when this endorsement ij issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: WHEREVER IN ENDORSEMENTS ATTACHED TO AND FORMING A PART OF THIS POLICY REFERENCE IS MADE BY NUMBER TO A SPECIFIC JOB UNDERTAKEN BY THE INSURED, IT IS UNDERSTOOD AND AGREED THAT SUCH SPECIFIC JOB NUMBER INCLUDES ALL OTHER JOBS RELATED TO AND UNDERTAKEN AT THE SAME LOCATION AS SUCH SPECIFIC JOB FOR WHICH DIFFERENT JOB NUMBERS MAY BE ASSIGNED. This endorsement is executed on the reverse side hereof. 8000(E) EXX 012934 Effective from. 30136.at the time of day the policy becomes effective. Amending Poiicy ^ RXSLG- 15 Issued to_____ Date 01' Issue: vU 4 oooe CJI**CS 1 raoo. 1 coot i Moot 0* ! 40JJST 1 I IM (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: IT IS UNDERSTOOD AND AGREED THAT INSOFAR AS THIS POLICY MAY COVER MORE THAN ONE INSURED, ALL INSURING AGREEMENTS AND ENDORSEMENTS WITH THE EXCEPTION OF LIMITS OF LIABILITY SHALL OPERATE IN THE SAME MANNER AS IF THERE WAS A SEPARATE POLICY OF INSURANCE COVERAGE EACH NAMED INSURED. This endorsement is executed on the reverse side hereof. 8000(G) ?2!aJ3i EXX 012935 Effective from. Amending Policy NV. RKSLG^OI 36 V5 at the time of day the policy becomes effective. Issued to. Date of Issue: *o* I 0*rict I 4 COOC 00. UU I *"00. I oo J coot________ ____ I______ ___ ", wooe o* < ADJUST loc. a* . DljK (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POL ICY FOR BCOILY INJURY LIABILITY SHALL APPLY WITH RESPECT TO THE LEGAL LIABILITY OF THE INSURED FOR BOOILY INJURIES INCLUDING DEATH RESULTING THEREFROM AS A RESULT OF ATHLETICS, SPORTS, SOCIAL, EDUCATIONAL OR OTHER ACTIVITIES CONDUCTED ANYWHERE IN THE UNITED STATES. This endorsement is executed os the reverse side hereof. 8ooo(i) Symbol No EXX 012936 Effective from. .at the time of day the policy becomes effective. Amending Policy RKSLG-jOl 5 Issued to____ ________ Date of Issue: o4 r0n0c0tc Utf KM.. U> "U oo. 1 C00 1 MOOC 1 AOJUST I **00. 11 L4OISCK. Of (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: SUCH INSURANCE AS IS AFFORDED BY THE POLICY SHALL APPLY TO ALL WHOLLY OWNED SUBSIDIARIES OF THE NAMED INSURED AS INSURED. AS OF THE EFFECTIVE DATE OF THIS ENDORSEMENT THE WHOLLY CWNED SUB SIDIARIES OF THE NAMED INSURED ARE: KELLOGG OVERSEAS CORPORATION KELLOGG INTERNATIONAL CORPORATION KELLOGG PAN AMERICAN CORPORATION KELLOGG OVERSEAS CONSTRUCTION CORPORATION KELLOGG OVERSEAS SERVICE CORPORATION KELLOGG REFINERY CONSULTANTS LIMITED KELLOGG OF PANAMA CORPORATION ? COMPANIA KELLOGG DE VENEZUELA rr DEUTSCHE KELLOGG INDUSTRIEBAU . SOCIETE KELLOGG CANADIAN KELLOGG COMPANY, LTD. IF SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ENDORSEMENT THE NAMED INSURED ACQUIRES COMPLETE OWNERSHIP IN ANOTHER SUBSIDIARY OR IN OTHER SUBSIDIARIES THE NAMED INSURED WILL ADVISE THE COMPANY ACCORDINGLY. THE PREMIUM APPLICABLE WITH RESPECT TO THE HAZARD OF EACH SUCH WHOLLY OWNED SUBSIDIARY OF THE NAMED INSURED SHALL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF THE MANUALS IN USE BY THE COMPANY. This endorsement is executed on the reverse side hereof. 8000(H) Symxji. No EXX 012937 Effective from. ^------- at the time of day the policy becomes effective. Amending Policy ^ 3^^ 3 THE H W KELLOQQ CO A DIVISION Of PULLMAN INC Issued to- Date of Issue: MC myj1 to ^.STiior'00 harsh-mci ewan ihc-my L 12-11-67 isarX i^a0*_______________ x__________________ (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy,is amended in the following particulars: EXCLLBI.QN.Of.-ALL-HAZARDS IN CQMHCmON with DESIGNATED LOCATION THIS POLICY DOCS MOT APPLY TO ANT HAZARD AT THE PREMISES DESIGNATED BELOW 52.1 Sf?5iIi9!5rEil0^lRL'^,5M A** accessary TO or incidental to the owner ship, MAINTENANCE OR USE OF SUCH PREMISES. THE RESEARCH DEVELOPMENT LABORATORY PfSCATTAMRY MJ THE COMPANY WILL NOT COLLECT ANY PREMIUM DEVELOPED IN COMCCTION WITH SUCH HAZARDS* / THIS El pa ICY CANCELS DCCRSOCXT 8000<j) ISSUED WITH THE 2 DUPLICATES ISSUED This endorsement is executed on the reverse side hereof. Stmboi no dooo(j) EXX 012938 Effective from- ~at the time of day the policy becomes effective. Amending Policy RKSLG-30H61S Issued to______ Date of Issue: u |; [ toe. c I <iu (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: EXCLUSION OF ALL HAZARDS IN CONNECTION WITH DESIGNATED LOCATION THIS POLICY DOES NOT APPLY TO ANY HAZARD AT THE PREMISES DESIGNATED BELCW OR TO OPERATIONS ELSEWHERE WHICH ARE NECESSARY TO OR INCIDENTAL TO THE OWNERSHIP, MAINTENANCE OR USE OF SUCH PREMISES. FOOT OF DANFORTH AVE., JERSEY CITY, NJ THE COMPANY WILL NOT COLLECT ANY PREMIUM DEVELOPED IN This endorsement is executed on the reverse side hereof. Qooo(j) EXX 012939 Date of Issue: 1 1 oooc 1i ua I' Lxr>*tS *00. CPOC uooc or AOJUTT. j *-* 1 COC. or 1 I|K . (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: IT IS AGREED THAT EXCLUSION E OF CONTRACTUAL LIABILITY INSURANCE COVERAGE PART L3 IS DELETED. i This endorsement is executed on the reverse side hereof. dOQO(K)*~m EXX 012940 Effective from. Amending Policy No.. RKSLG-3QH615 at the time of day the policy becomes effective. Issued to--------Date of Issue: 4 oooe ; *00. 1 toot | MQOC 3P < lOJutT i *400. 1 tlSK t | (The i "nation provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: EXCLUSION or PROOUCTS HAZARD EXCEPT WITH RESPECT TO HAZARDS DESCRIBED IN SCHEDULE 8800 IT IS AGREED THAT THE POLICY DOES NOT APPLY TO THE PROOUCTS HAZARD AS DEFINED THEREIN. THE WORD "OPERATIONS* AS USED IN THE PROOUCTS HAZARD INCLUDES ANY ACT OR OMISSIONS IN CONNECTION WITH OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED ON THE PREMISES OR ELSE WHERE WHETHER OR NOT GOODS OR PRODUCTS ARE INVOLVED IN SUCH OPERATIONS. Thij endorsement is executed on the reverse side hereof. ( )8ooo m SrWWX No. EXX 012941 elective irom. at the time of day the policy becomes effective. Amending Policy No. Issued tn -------------- ---------------------------------- ____-------- --- Date of Issue:_____________________________________________________________ __________________________ II *UoWc. MI ____ 1 I (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: SUCH INSURANCE AS IS AFFORDED BY THIS POLICY SHALL NOT APPLY AS RESPECTS THE FOLLOWING JOBS - JOB #7104 FOR THE PACIFIC GAS &. ELECTRIC COMPANY, SAN FRANCISCO, CALIF. JOB #5317 SINCLAIR-KOPPERS ETHYLENE PLANT, PASADENA, TEX JOB #5370 aINTON, ICWA JOB #5377 TEXAS CITY, TEX This endorsement is executed on the reverse side hereof. 8000 (N) 3TM"*- No. EXX 0129*2 Effective from. at the time of day the policy become* effective. MSIS-3013615 Issued to_____ Date of Issue: POft OKK'CI 4 OOOt 00. UH *00. I oo. cooc__________I_____ Moot 0# 40JUIT I UK. 0* I i]K (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: TO COVER THE INTEREST OF KELLOGG EMPLOYEES FEDERAL CREDIT UNION AS RESPECTS PREMISES AT 711 THIRD AVE NEW YORK NY i This endorsement is executed on the reverse side hereof. 8000(0) Symsol No, EXX 012943 h-ffecuve from. .at the time of day the policy becomes effective. Amending Policy No.._W5LG-30136T5 Issued to_____ Date of Issue: *oa 00. utt V (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: BOTTOM OF 8800 TO READ: MINIMUM PREMIUMS PREMISES-OPS. Bl - S 127.00 E 36.00 PD - S 26.00 E 8.00 This endorsement is executed on the rererse side hereof. 8ooo(p) Stmsol no EXX 012944 Elective from_ ^o/ -at the time / day the policy becomes effective. Amending Policy ^ RKSLG-^Q!) ^6is THE M W KELLOGG CO A DIVISION Of PULLMAN INC Issued to---------------------x---m --------------------------------------------- -------------------------------------------------------------- ------------------------------------------------------------------------ MCD of Issue 1-24-&J : rat ny>ihq _ zssjycmarsh-mclennan <nc*ny .~ i * i2-ai-^7 ; sar a ________________ &: (The information provided for above, except the policy number, is required to be stated onlv tv hen this endorsement is issued for attachment to the policy subsequent to its effective dute.i It is agreed that as of the effective date hereof the policy is amended in the following particulars: COMPREHENSIVE GENERAL LIABILITY INSURANCE AS PROVIDED SY THE POLICY ALSO APPLIES TO DAMAGES BECAUSE Of INJURY ARISING OUT Of THE RENDERING Of OR fASLURE TO RENDER, DURING THE POLICY PERIOD, MEDICAL OR NURSING TREATMENT 3? ONE .MALE NURSE EMPLOYED BY THE NAMED INSURED ON JOB #7349 IN MOUNDSVILLE, VST VIRGINIA, SUBJECT TO THE FOLLOWING ADDITIONAL PROVISIONS* I. EXCEPT AS STATED iX THIS ENDORSEMENT, THE POLICY OOES NOT APPLY TO INJURY ARISING OUT Of THE RENDERING Of OR FAILURE TO RENDER THE PRO FESSIONAL SERVICES DESCRIBED ABOVE, 2. INSURED'S DUTIES IN THE EVENT Of INJURY, CLAIM OR SUIT. WHEN AN INJURY OCCURS, WRITTEN NOTICE SHALL BE GIVEN BY OR ON BEHALF OF THE INSURED, IN ACCORDANCE WITH THE "INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT" CONDITION. 3. FIRST AID EXCLUSION. THE INSURANCE SHALL NOT APPLY TO EXPENSES INCURRED BY THE INSURED FOR FIRST AID AT THE TIME Of AN ACCIDENT AND THE "SUPPLE MENTARY PAYMENTS" PROVISION AND THE "INSUREDS DUTIES IN THE EVENT Of OCCURRENCE, CLAIM OR SUIT" CONDITION ARC AMENDED ACCORDINGLY. 4. LIMITS Of LIABILITY. THE LIMIT Of LIABILITY STATED IN THE SCHEDULE BELOW AS APPLICABLE TO "EACH-CLAIM" IS THE LIMIT OF THE CO*ANY3S LIABILITY FOR ALL DAMAGES ON ACCOUNT OF EACH CLAIM OR SUIT COVERED HEREUNDER; SUBJECT TO THE FOREGOING PROVISION RESPECTING "EACH CLAIM," THE LIMIT Of LIABILITY STATED IN THE SCHEDULE BELOW AS "AGGREGATE" IS THE TOTAL LIMIT OF THE COMPANY3S LIABILITY FOR ALL DAMAGES. 5. THE PROVISIONS OF THE NUCLEAR ENERGY EXCLUSION APPLY TO THIS INSURANCE and the remaining EXCLUSIONS are replaced BY THE FOLLOWING: THE INSURANCE UNDER THIS ENDORSEMENT DOES NOT APPLY* a. TO BOOJLY INJURY TO ANY EMPLOYEE OF THE INSURED ARISING OUT OF AND IN THE COURSE OF HIS EMPLOYMENT BY THE INSURED, OR TO ANY OBLIGA TION FOR WHICH THE INSURED OR ANY CARRIER AS HIS INSURER MAY BE HELD LIABLE UNDER ANY WORKMEN'S COMPENSATION, UNEMPLOYMENT COMPEN SATION OR DISABILITY BENEFITS LAW, OR UNDER ANY SIMILAR LAW; 3. TO THE OWNERSHIP, MAINTENANCE, OPERATION, USE, LOADING OR UNLOADING OF ANY MOTOR VEHICLE, TRAILER, SEMI-TRA3LER, WATERCRAFT OR AIRCRAFT, SCHEDULE LIMITS OF LIABILITY: *250,000 EACH CLAIM 5500,000 AGGREGATE 2 DUPLICATES ISSUED This endorsement is executed on the reverse siue hereof. s,,,ou 8000 EXX 0129A5 Effective from. Issued to_____ Date of Issue: Amending Policy No. HKSIG-301361*5 .at the time of day the policy becomes effective. S yea (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MOOIFIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE PCX.ICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES CWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: JOB #7662 AT MAINE MEDICAL CENTER PORTLAND, MAINE LIMITS OF LIABILITY: BODILY INJURY 250,000 EACH PERSON !1,000,000 EACH OCCURRENCE AGGREGATE PROPERTY OAMAGE i EACH OCCURRENCE { AGGREGATE CLASSIf I CATION RATE COv A 9380 E TO BE DETERMINED This endorsement is executed on the reverse side hereof. 8000 (Q) 5=22^ EXX 0129^6 Effective from. -3013615.at the time of day the policy becomes effective. Amending Policy No. rkslg Issued to____ Date of Issue: o*ncc 4 coot U>i*U *00. coot I *oo. I MAQoJoUtJTo_'________ jI *HK10c.o 1 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MOO I FIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: JOB #7^ AT FORT MARTIN STATION, W VA LIMITS OF LIABILITY: BOOILY INJURY EACH PERSON [EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE 4 500,000 EACH OCCURRENCE { 500,000 AGGREGATE CLASS IfdCAILQN 9880 BATS COY B E - TO BE DETERMINED This endorsement is executed on the reverse side hereof. 8000(R) EXX 012947 Elective from. Issued to Date of Issue: RK5LG-3013615at the time of day thj policy becomes effective. Amending Policy No.. (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.! It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PROVISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. / SCHEDULE PREMISES: JOB #5371 FOR TERRA CHEMICALS INTERNATIONAL INC AT PORT NEAL IOWA LIMITS OF LIABILITY: CLASSIFICATION BOOILY INJURY 1 500,000 EACH PERSON $1,000,000 EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE i 3,000,000 EACH OCCURRENCE $ 3,000,000 AGGREGATE rate COY A COY -B- 988O E - TO BE DETERMINED EXCESS LIMITS CHARGE PD E 100.00 E - TO BE DETERMINED This endorsement is ex: . *ed on the reverse side hereof. 8000(s) EXX 012946 Effective from. Issued to Date of Issue: -at the time of day the policy becomes effective. Amending Policy No.. rkslg-3013615 (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective dace.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: IT IS AGREED THAT EXCLUSION (F) IS DELETED i This endorsement is executed on the reverse side hereof. 8 ( )ooo l Stmxx no. EXX 0129A9 Effective from. at the time of day the policy become* effective. Amending Policy No.MG^O Issued to. Date of Issue: rod 0icc 4 COOC CO. UU I Loxcn. *00cooe ooe OR AOJU*f I RROO. I_______ i uoc. or I RISK (The information provided for above, except the policy number, is required to be stated onlv when this endorsement i the policy subsequent to its effective date.} It is agreed that as of the effective date hereof the policy is amended in the following particulars: issued for attachment to THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED 8E1CW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. < SCHEDULE PREMISES: JOB #5311 FOR FIRST NITROGEN CORPORATION DONALDSONVILLE LA LIMITS OF LIABILITY: BOOtLY INJURY EACH PERSON EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE 12,000,000 EACH OCCURRENCE $2,000,000 AGGREGATE CLAttinCAIlfti 9880 RATE-COY. B E - TO BE DETERMINED This endorsement is executed on the reverse side hereof. 8ooo(u) SrMBOL No. EXX 012950 The Travelers Insurance Company The Travelers Indemnity Company The Charter Oak Fire Insurance Company C-10747 fLaree) 2-4S Minus in l.s.a Countersigned by cut*, EXX 12931 Effective from. RKSLG-3013615 at the time of day the policy becomes effective. Amending Policy No. Issued to. rDate of Issue: II c*o0o0t. I1_*__0_0_. _ II M*OOOAC.IT0_*________ '' LO!$C*. Of I (The information provided for above, except the policy number, is required"to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MOO IF IES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THE PREMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: ALL LOCATIONS AT WHICH THE GOVERNING CLASSIFICATION OF OPERATIONS PERFORMED BY THE INSURED IS OIL STILL ERECTION OR REPAIR. 3*136 LIMITS OF LIABILITY: BODILY INJURY EACH PERSON SEACH OCCURRENCE AGGREGATE PROPERTY DAMAGE i1,000,000 EACH OCCURRENCE $1,000,000 AGGREGATE ALL STATES TEXAS 9890 9000 RATE - COV. B E - TO BE DETERMINED E - TO BE DETERMINED This endorsement is executed on the reverse side hereof. QOOO(v) 3y"*i- n EXX 012952 ` J 'T ' ' j :- ji i- ! r > . -i r\ r or\ i i - i r ! i-.'' ` ! ' 1" I The Trailers Insurance Company The Travelers Indemnity Company The Charter Oax Fire Insurance Company EXX 012953 Effective from. .at the time of day the policy becomes effective. Amending Policy y. RKSLG^Ol 36l 5 Issued to_____ Date of Issue: *00. coot ooc o* AQJUST IOC. 0* is* (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THIS ENDORSEMENT MOOIFIES SUCH INSURANCE AS IS AFFORDED BY THE PRO VISIONS OF THE POLICY RELATING TO THE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE LIMITS OF LIABILITY (SPECIFIC LOCATION) THAT THE LIMITS OF LIABILITY SHALL BE AS STATED BELOW WITH RESPECT TO THE OWNERSHIP, MAINTENANCE OR USE OF THEWEMISES HEREIN DESIGNATED OR OPERATIONS NECESSARY OR INCIDENTAL THERETO, BUT THIS INSURANCE DOES NOT APPLY TO OTHER PREMISES C**ED, RENTED OR CONTROLLED BY THE NAMED INSURED OR OPERATIONS ON OR FROM SUCH PREMISES. SCHEDULE PREMISES: RADELL AVE BOUND BROOK NJ LIMITS OF LIABILITY: BCOILY INJURY EACH PERSON EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE i 500,000 EACH OCCURRENCE 500,000 AGGREGATE CLASSIFI CAT I ON 9880 RATS - QY-B TO BE DETERMINED This endorsement is executed on the reverse side hereof. 8000(W) no. EXX 012954 The Travelers Insurance Company The Travelers Indemnity Company The Charter Oak Fire Insurance Company EXX 012955 Effective from. Amending Policy y. RKSLG^ 1^6 1 5 .at the time of day the policy becomes effective. Issued to_____ Date of Issue: *04 Of*Ct 4 OOOt CO. UU oc. U>KU I *00. I coot iI MAOOJUMSTO# foo. uoc. 0 ttSK A. .. (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: ADVANCE PREMIUM ENDORSEMENT THE ADVANCE PREMIUM COLUMN IN ITEM 3 OF THE DECLARATIONS IS REPLACED BY THE ADVANCE PREMIUM COLUW SHOWN BELOW PARTS ADVANCE PREMIUM LI BODILY INJURY LIABILITY BOOILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY s 3477 S 2264 fNCL^N COMPOSITE INCL IN COMPOSITE This endorsement is executed on the reverse side hereof. 8ooo(x) EXX 012956 1 I LI'! The Travelers Insurance Company S Secretory C-10`47 fLirge) 2-65 minti in u.s.a. The Travelers Indemnity Company Secretory Countersigned by_ The Charter Oax Fire Insurance Company Secretary EXX 012957 Effective from. Amending Policy V- RK3LQ~30l 361 5 at the time of day the policy becomes effective. I siued to_____ Date of Issue: *0* Ji ww 1 officc 1 4 OOOC i . 1 ui*u 1 1 CCOC 1 0M0 * *a*;iT ux. OF u* i 1 > r \* (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: THE POLICY DOES NOT APPLY TO ANY HAZARD AT PREMISES IN CANADA OR TO ANY HAZARD ELSEWHERE WHICH ARISES FROM GOOOS OR PRODUCTS MANUFACTURED AT OR DISTRIBUTED FROM SUCH PREMISES OR FROM OPERATIONS EITHER ON SUCH PREMISES OR ELSEWHERE WHICH ARE NECESSARY OR INCIDENTAL TO THE OWNERSHIP, MAINTENANCE OR USE OF SUCH PREMISES. This endorsement is executed on the reverse side hereof* 8000 EXX 012958 The Travelers Insurance Company The Travelers Indemnity Company The Charter Oak Fire Insurance Company EXX 012959 Di- jl 1966 RKS1.G-3OI3615 Effective from. it the time of day the policy becomes effective. Amending Policy No.. , , (B THE M W KELLOGG CO A DIVISION OF PULLMAN INC Date of Issue: 9-21-67 Amg~ t~ -- " i rsa ny j-i4o lgv.IP-31 -67 3"AoOSoJUCSRTo.f7ATR10I1 1 L"<OSCK. 0# MARSH-MCLENNAN INC-NY wX (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS ENDORSEMENT 8000(N) EXTEND TO INCLUOE JOB #7756, KOPPERS COMPANY INC. KNIGHTS OF COLUMBUS HEADQUARTERS BUILDING NEW HAVEN, CONN This endorsement is executed oa the reverse side hereof. 2 DUPLICATES ISSUED Stuxx No 8000 EXX 012960 The Travelers Insurance Company Setrctarj C-I0747 (Lari?) 2-6S minted in u.s.a. The Travelers Indemnity Company The Charter Oak Fire Insurance Company a7Zrf.*A* Countersigned by Secretary EXX 012961 DECLARATIONS SCHEDULE--General Liability Hazarda N0__L__ Policy RKSLG-3OI 361 5 The letter* "MP" wherever used in this schedule shall mean "Premium for Premises Medical Coverage". Inclusion of a premium for Premise' Medical Payments Coverage immediately below the Bodily Injury Liability premium for any elevator shall mean that Premises Medical Payment Coverage is afforded with respect to such elevator. In the Rates and Advance Premium columns "Bl" means "Bodily Injury Liability" and "PD' means "Property Damage Liability". Location of all premises owned by, rented to or controlled by the named insured (Enter "same" if same location as address shown in Item l. o declaration,): S ^ 8q00(A) Interest of named insured in such premises (Describe interest, such as "owner", "general lessee" or "tenant"): Parc occupied by named insured: Comprehensive General Liability Insurance. unless otherwise stated herein: Description of Hazards A -- Premises-Operationa B -- Elevators C -- Independent Contractors D -- Completed Operation! E -- Product* The following discloses all hazards insured hereunder known to exist at the effective date of this policy Code No. Premium Bsses* Rates BI PD A -- Area (Sq. Ft.) -- Frontaie C -- Remuneration D -- No. Insured E -- Coat F -- Receipt! G -- Sales H -- Admissions A --Per 100 Sq.Ft. of Area 1 B --Per Linear Foot j C --Per S100 ot Remuner ation I D-- Per Elevator E --Per $100 of Cost j F --Per $1000 of Receipts G--Per $1000 of Saks K--Per 100 Admissions Advance Premium BI ! PD EXCESS LIMITS CHARGE A-SEE END 8000(A) 9890 35 195 s% E SEE END 8000(D) D-ISOTOPE CAMERA 7171-*2 E-IF ANY i&ltoi i 1*10 INCLUDED ABOVE Ml NI MUM 1.280 S 12 .420 E 3 26 8 Minimum Premiums C-inoa :-<*> 1 Premises--Operations. .. Ibi SEE ENDpd8000(P) EDS. KSLG. HSL OOS OSLG ONSl Independent Contractors BI PD Products BI PD EXX 012962 DESCRIPTION OF TERMS USED AS PREMIUM BASES: When used as a premium basis: 1. "remuneration" means the entire remuneration earned during the policy period by proprietors and by ail employees of the named insured, other than chauffeurs 'except operators of mobile equipment) and aircraft pilots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; 2. "cost" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let or sub-let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; .1. "receipt*1* means the gross amount of money charged by the named insured for such operations by the named insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named insured collects as a separate item and remits directly to a govern mental division; 4. "sales** means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes whicn the named insured and such others collect as a separate item and remit directly to a governmental division; 5. "admissions'* means th*total number of persons, other than employees of the named insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes. 1 ' EXX 012963 Effective from- -at the time of day the policy becomes effective. Amending Policy No. RKSia-yiytig THE M^KCLLOQG CO A DV1SI0N OF PULLMAN INC Issued to- Date of Issue: 1=Z T&5 ^...ip-31-67 iSl^jIoH*reH.mNNAM 1NC-NY *OJUiT I IS* V _________________________________ ______ (The Information provided for above, except the policy number, is required to be stated oniv *hen this endorsement is issued for attachment to the policy subsequent to its effective date.; It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS ENDORSOCNT 8000(A) ISSUED WITH THE POLICY, RATES ARE AMENDED TO READ: HAZARD RATES COV A &av-3 9000 s .0160 E .0047 .0234 .0021 9890 im 0195 .0018 AS RESPECTS ENDORSEMENT flOOO(V) ISSUED WITH THE Pa ICY, RATES ARE AMENDED TO READ: ' CLASSIFICATION RATES - COV B 9000 9890 E .0077 E .0065 PREMIUM ADJUSTMENT AT AUDIT This endorsement is executed on the reverse side hereof. 2 DUPLICATES ISSUED Stm>ol No 8000 EXX 012964 fc*irw nnc.MEK. aooc r oeel l 'Xii cry*ticV3TcB WIcS co* e Vi* **0D *C tfCVO' 7 -<2bECifr OOOfct?OCHi QCO~>.* :WL _ i* v< *& ^ ciTAct > w_'. > . . ._ . r nriil * [ *>>r - c ' s*.': ' . iSr ? :>ev>rr-v H' r V 1; .' i'; The Travelers Insurance Company The Travelers Indemnity Company The Charter Oak Fire Insurance Company * ^7 S5eeczrr<ettoAr7* J. V . *K Secretary ;;-yjU .iX1 ^ C-10747 (L*ff) 2-$5 ni,T(o in v.i.k _ rw? Countersigned bv---------------- :----------------. ______ * <* KC' ~c<*r- ' y : r n- pv* - * . t --.nf vh*%4 Secretary .<iTV'j- '; - d"- - EXX 01296s Effective from .at the time of day the policy becomes effective. Amending Policy No.RKSLQ-yMffis Issued to_Ii--M jrf fitofDate Issue *o i 4 COZI CLhl 12*31^ CO A DiVSSlOW OF PULLMAN INC IffilL ^57310' HARSHHCLENHAN Jjfijjg, ^ | kQC- *____________________ w_____________________ (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS EIOORSEICNT 8000(Q) ISSUED WITH THE POLICY,RATES ARE AKJCED TO READ: RATE^COV.A E .0162 PREMIUM ADJUSTMENT AT AUDIT This endorsement is executed on the reverse side hereof. 2 DUPLICATES ISSUED 8ooo H666 EXX 012966 The Travelers Insurance Company Secretary C-10747 (Latsc) 2-6S mirtio in U.Ijl The Travelers Indemnity Company Secutary Countersigned by- The Charter Oak Fire Insurance Company - > Secretary EXX 0129&7 DEC 31Effective from. 1966 30 5at the time of day the policy becomes effective. A.nending Policy No.. RKSLG- lffi issued TfC M W KELLOGG CO A DIVISION OF PULLMAN INC Date of Issue: 31 MSK ! 7 ns mwM i si- 57310" -^ 1 ^ ! su, 13031-^7 a?/ 41 _______ _it __________________________________ (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to us effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS EHDORSOCMT 8000<R)ISSUED WITH THE POLICY; RATES ARE AtCMXD TO READ 1- RilS-COYifi E .0110 PREMIUM ADJUSDCMT AT AUDIT This endorsement is executed on the reverse side hereof. 2 DUPLICATES ISSUED SrxftCK. SQ, 8000 #5555 EXX 012968 use? r& Z *0i50 ^iC- wriE? wr *cxdzd ic *2 ^ObtMlr DfXe2E*!*: 5CC^U . TZ'tt :-.HE The Travelers Insurance Company The Travelers Indemnity Company The Charter Oar Fire Insurance Company EXX 012969 3 1Effective from- UCl HU I^OO -at the time of day the policy becomes effective. Amending Policy No-- RKSLftogOI ^ g luued- THE M W KELLOGG CO A OlViSION OT PULLMAH IHC Dite of Issue: *-13-68 CK . 1 rss wY% _-iso 357310 1 KAA&H'aCLENMAM IMC-NY 12-31-67--lai,, Aol 0* Aojusr. A | tOC. 0* A 1 *'S* %f A (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.} It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS &OORSOCMT 8000(S) ISSUED WITH THE POLICY, RATES ARE AtCttO TO READt- RAIL. A,., cov.B E .0172 E O0l82 PREMIUM ADJUSDCMT AT AUDIT. This endorsement is executed oq the reverse side hereof. 2 DUPLICATES ISSUED Srwaoi No, 8000 EXX 012970 The Travelers Insurance Company The Travelers Indemnity Company The Charter Oax Fire Insurance Company EXX 012971 PECEffective from. 31 -3013615-at the time of day the policy becomes effective. Amending Policy No.. fiKSLa Issued toJOS__ W KgLLOOP CO A DIVISION OF PULLMAH INC fDate of Issue: i1V68WL u>i 1fit | * 12-31-67 *57310: >T}S Il MARSH4CLEMNAM INC-HY (The information provided for above, except the policy numbervis required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS CJOORSDCKT 8000(T) ISSUED WITH THE POLICY, RATES ARE AIMED TO READi- MTE-Mff.fi E .0173 PREMIUM ADJUSTICWT At AUDIT This endorsement is executed on the reverse side hereof. 2 DUPLICATES ISSUED SruOl HO. 8000 #3333 EXX 012972 2Vr.-- . kl v.'S E 'oii.5 nrw ?*<: r ^i? * vancer :o ar*- ? sr%rr* D5es?wvji p.v.>: :*c The Travelers Insurance Company Secretary C-I0747 (Large) 2-CS mimtco ta uaa. <. The Travelers Indemnity Company The Charter Oat Fire Insurance Company EXX 812973 Effective from. DEC 31 -at the time of day the policy becomes effective. Amending Pulicy No. RuaLftofoiffig TTIssued to. M W .KKEELLLLOflQflftl CCOO,A DIVISION OF PULLMAN INC Date of lIssue: Oaj|MBK *o as yg.wnq -^7310 " MSftSH-^CLEKOM IHC-HT CO. use r-...., .7 1 EXT A 11" (The information provided for above, except the policy number, is required to be stated only *hen this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS CMD0R9OCRT 8000<t ISSUED WITH TIC POLICT, RATES ARE AICIOED TO READS* E .0173 PREMIUM ADJUSnCMT AT AUDIT This endorsement is executed on the reverse side hereof. 2 DUPLICATES ISSUED Stmx. No, 8000 #2222 EXX 01297*  >v# . unreal ij>& ~ c v liVi. (&^Mi >34ti& Alih ii bOT iu The Teacheers Insurance Company The Travelers Indemnity Company The Chaster Oai Fire Insurance Company C-107-47 (Lane) 2-65 mintid in u.e.A' tX. . . Countersigned by_ Secret^ , j* yf. f? '/***& ft***, ^ Seattary EXX 12975 Effective from. RKSlfr=3P?3ft5DEC y 1066 .it the Mme of day the policy becomes effective Amending Policy No.. issued - TIC H W KELLOGG CO A DIVISION Of PULLMAN INC Date of Issue: VIVSBlCX :ri;^ HARSH-MCLEttO* IMCffY (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: AS RESPECTS EWXJRSOCWT 80Q0(V) ISSUED WITH TIC P0UCY,RATE3 ARE AJCJCED TO READt- WXLr. C E .0110 PREMIUM ADJUST1CNT AT AUDIT This endorsement is executed on the reverse side hereof. 2 DUPLICATES ISSUED Symwx No, 8000 #1111 EXX 012976 sBCfcjn* nsc. e om 8E37TWT wrei*wjCT wr wctc> jo bo<d<** :;t Lzsbs:^ c^cvssysn: :serss j..m The Travelers Insurance Company The Travelers Indemnity Company The Charter Oak Fire Insurance Company EXX 012977 CHICAGO OtTAO'T minnEaPOL'5 St LOU'S NEW ORLEANS I N QI A NAROLi S TULSA ST PAUL kal.ama2Qq OUUJTN M-LWAUKEE LOS anocles San PRanCiSCQ SEArrut POPTLANO phoenix SAN O'EGO OAKLANO SPOXANC JUNEAU MELBOURNE STONfV ESTABLISHED ITI Mai?s ii &>IcLmA\ incoOaTI0 I NS URAXC E 70 PINE STREET NEW YORK 10005 AREA COOC 212 9432000 June 10, 1968 NEW YORK BOSTON Pittsburgh H'L AOCLPHIA ATLANTA ROCHESTER MIA 41 Bur palO Syracuse RICHMOND Charleston r orOn to MONTREAL Quebec VANCOUVER CALGARY WINNIPEG EDMONTON WINOSOR CARACAS SAO "A,,LO 0RvS 5El 5 wCN0ON ROME Mr. L. F. Force, Assistant Insurance Manager The M. W. Kellogg Company 711 Third Avenue New York, Nev York Dear Mr. Force: . Policy rfeKSIfi-3013615 We are enclosing several endorsements to the captioned policy amending rates originally promulgated when the policy was issued. These endorse ments are merely to complete your files and will have no direct hearing on either the audits or the Retrospective Adjustments, as the policy is merely an underlyer for the Master Comprehensive General Liability Policy. We trust you will find the enclosed to he in order. Very truly yours. MLE:emg end. t W d.0 f j ? W'i ? w \ k Tf(s. (V, 1 ji ^^ ; ' 1 EXX 012978 ChiCaUO OCTROI T MINNEAPOLIS ST LOU'S NEW ORLEANS INOIANAPOUS TULSA ST PAUL KALAMAZOO OULUTh MILWAUKEE LOS AN6CLCS SAN KOANCiSCO seattlc portlano PMOEN1X SAN OiEGO OaklanO SPOKANE JUNEAU MELBOURNE SvONCv (( ESTABLISHED <BT> Marsh &m&Lennan NCOR POR ATC O INSURANCE 70 PINE STREET NEW VORK 10005 AREA COOC 2)2 943 2000 January 29,1968 NEW TOffK BOSTON >T TSBuROM PNIL AOCLPM.A ATLANTA ROCHESTER MIAMI 8upfalO SYRACUSE RlCHMONO Charleston TORONTO MONTREAL QUEBEC VANCOUVER CAuOARr WINNIPEG EOmOnTOn winOSOR CARACAS SAO PAULO BRUSSELS lONOON ROME Mr. L. F. Force, Assistant Insurance Manager The M. W. Kellogg Company 7H Third. Avenue Rev York, Rev York Dear Mr. Farce: Endorsement to Policy #RK5LG-3013615 ' As per your request, ve are pleased to enclose an endorsement to the above captioned policy excluding endorsement J000-J and nnd ing that exclusion to read The Research Development Laboratory, Piscattavay, Rev Jersey. This change vas to be effective December 31st, 1966. Ve trust you will find the enclosed In order. Very truly yours, MARSH & McIEHHAR BY: Martin L. Elklnson MI:CMC enc/ 0 rjc i nr ;f k *.ti t-c EXX 012979 H U M B L E * E X X o N 27-5158 27-5175 27-5190 27-5272 27-5299 27-5319 27-5341 EXX 001516 C O .RUMBLE O IL & REFINING 27-5150 CONTRACT F ILE EXX 001517 i \ i i A / V s 0 o c 0 4 0 i `'M A D E IN w .^ A , ' ` LIBRARY BUREAU DEPa ( BRANCHES V *R \> . EXX 006580 EXX 006501 October 3, 1968 Shannon BeIIding Corporation P. 0. Box 24126 Bbuston, Texas 77029 Attention: Nr. L. V* Bat Our Subcontract BMbar 26-5108-465 Brova k Boot, be., Job Softer 26-5484 Oantlanaat Attached yon will find your copy of Subcontract Jsntoer 26-5108-465 dated Scpteaber 24, 1968. This {Subcontract has been duly executed by a nuUer of our organization and is for your pernanent file. Yery truly yours, Janas L. Worthington Purchasing Agent By: Thoaas C. Todd ICTtrs Attachaant cc: Messrs: B. B. Flack (l w/original attaebnent) B. V. Bryant (2 v/attachnent) Orev Tamer (lass attachaant) EXX 006582 Form BR1-61 ;o-$T BROWN & ROOT, INC. SUB-CONTRACT Job Number------- --5U6U ^-- Subcontract .Mo_____ 26-5108-46$ P. 0. Vo 26-5108-465 THIS AGREEMENT, made this?4THday of..,. SEPTEMBER19 68 by and between BROWN & ROOT, INC., a Texas Corporation, 4100 Clinton Drive. Houston, Texas, (P. 0. Box 3) hereinafter called the "General Contractor", andSHANNON 3UILDING CORPORATION, P, 0. BOX 24126, 747 ALEEN STREET. TELEPHONE: 672-6308 Name, Street Addreu and Telephone N-jmban aBLXAS,.CORPORA?ION_____________________ with principal offices at iCiva State of incorporation and whether a corporation, partnerthip. or propnelorahipi HOUSTONstate ofTEXAS 77029 hereinafter called the "Subcontractor". WITNESSETH WHEREAS, General Contractor has entered into a contract dated____________________________________________ with GULF OIL CORPORATION__________________________________________________________________________________ hereinafter Name of Ownerl called the "Owner", for the construction nf ONE (l) 2000 BHP COMPRESSOR STATION (Nature of construction under Central Contraetl* I. 2 .PLAftUEMINE PARISH. LOUISIANA_______________________ _____________ iCitr> istau* in strict accordance with the General Contract, specifications, schedules, drawings, and general conditions, which are all collectively hereinafter called the "General Contract", and WHEREAS, Subcontractor desires to perform that portion of the work as required by the General Contract, which is described below as "The Sublet Work"; NOW THEREFORE, it is agreed by and between General Contractor and Subcontractor as follows: I. SPECIAL CONDITIONS 1. The Sublet Work consists of: DESIGN, FURNISH, FABRICATE, DELIVER, UNLOAD AND ERECT ONE (l), 31' X 44' X 25'4" PREFABRICATED STEEL BUILDING IN ACCORDANCE WITH PLANS AND SPECIFICATIONS AND THE "SPECIAL AND GENERAL CONDITIONS" HEREIN, ALL OF WHICH HEREBY BECOME A PART OF THIS SUBCONTRACT. (SEE PARAGRAPH 5 (a), PAGE 2.) 2. The price for the Sublet Work shell be A FIRM LUMP SUM TOTAL OF THIRTY EIGHT THOUSAND SEVEN HUNDRED SEVENTEEN AND NO/lOO DOLIARS ($38,717.00), WHICH EXCLUDES ANY APPLICABLE TAXES. PRICING BREAKDOWN: DESIGN, FURNISH, FABRICATE AND DELIVER MATERIAL FOR ONE 31' X 44' X 25'-4" COMPRESSOR BUILD DC ADDITION, COMPLETE WITH THE FOLLOWING ACCESSORIES AND SPECIFICATIONS, F. 0. B. TRUCKS MORGAN CITY, LOUISIANA $32,909-00 ERECT THE ABOVE MATERIAL ON A PLATFORM TO BE PROVIDED BY OTHERS $ 5,308.00 GRAND TOTAL ERECTED PRICE $38,717-00 NOTE: THE ABOVE ERECTION PRICE IS BASED UPON GENERAL CONTRACTOR FURNISHING MARINE TRANSPORTATION FOR MATERIALS AND ERECTION PERSONNEL AND FURNISHING A CRANE FOR SETTING MAIN BUILDING MEMBERS AT NO EXHSNSE TO SUBCONTRACTOR. -- Continued on Page 2 -- EXX 006583 3. The :ime of completion of the Sublet Work shall be as provided m paragraph 4 of '.he General conditions out not later THE SCHEDULES AND/OR DATES SET BY THE GENERAL CONTRACTOR'S .T)R STIFFS TNTFLTlF-M, r The performance bond provided for in the General Conditions must be delivered before any payment becomes rue to Sub contractor hereunder, unless delivery at this time is waived. Immediate Delivery of Bond is: Waived----- it------- ; Required------------------ 5. Other special provisions of this subcontract are: (a) Tjjg GENERAL SCOPE OF WORK SHALL INCLUDE : SPECIFICATIONS : PRE-FABRICATED, RIGID FRAME TYPE CONSTRUCTION, UTILIZING 3/16" MINIMUM THICKNESS HOT-ROLIED STRUCTURAL STEEL, DESIGNED FOR A 50 PSF WIND LOAD. ALL STRUCTURAL STEEL TO BE THOROUGHLY CLEANED AND HOT-DIPPED GALVANIZED AFTER FABRICATION. ROOF AND SIDEWALLS TO BE COVERED WITH #26 GAUGE HI-TENSILE DEEP CORRUGATED GALVANIZED STEEL SHEETS, ATTACHED TO STRUCTURAL STEEL WITH CADMIUM PLATED SELF-TAPPING SCREWS COMPLETE WITH STEEL AND NEOPRENE WASHERS. EXISTING ENDWALL TO BE REMOVED AND RE-ERECTED AS PART OF THE NEW ADDITION. TWO WINDOWS TO BE REMOVED FROM EACH EXISTING ENDWALL AND USED IN THE SIDEWALL OF THE NEW ADDITION. THESE WINDOWS TO BE REPLACED WITH TWO NEW 9' X 101 DOUBLE SLIDING DOORS, ONE IN EACH END. 1 GALVANIZED STATIONARY GABLE LOUVER TO HE INSTALLED IN EACH END OF THE BUILDING. 4 SY-24 SYPHONAIHE MARK III, POWERED '/EMULATORS, COMPLETE WITH CM-24C 1/2 H.P., 1140 RPM, 208 , 3 PHASE, 60 CYCLE, CLASS I, GROUP D, EXPLOSION PROOF MOTOR. 1 10-TON CAPACITY GALVANIZED UNDERHUNG GEAHED BRIDGE CRANE. 1 3070 G-2 SINGLE SWING GALVANIZED INDUSTRIAL STEEL DOOR, COMPLETE WITH THREE HINGES, SCHLAGE LATCH AND UPPER PANEL GLAZED WITH 1/4" CLEAR WIRE GLASS. 1 8'-6" X 14' GALVANIZED STEEL FRAME, CORRUGATED STEEL COVERED DOUBLE SLIDING DOCR, COMPIETE WITH NECESSARY HARDWARE. 6 CORRUGATED PLASTIC SKYLIGHT ROOF PANELS. 10 A-33161 GALVANIZED C.P.O. STEEL SASH, COMPLETE WITH GLAZING CLIPS, PUTTY, l/U" CLEAR WIRE GLASS AND CHAIN OPERATORS. 1 10-TON MDNORAIL SYSTEM, SIMILAR TO THAT NOW IN EXISTENCE IN THE INGERSOLL-RAND PORTION OF THE BUILDING. 1 10-TON CAPACITY GEARED ARMY TYPE TROLLEY HOIST MOW IN EXISTENCE CN THE OLD MCNCSA" TO HE REMOVED AND INS TAILED ON THE NEW 10-TON BRIDGE CRANE. 2 WRIGHT 10-TON CAPACITY ELECTRIC HOIST WITH HAND GEARED TROLLEY, 30'-9" CF AVAILA.-Lr. LIFT AT A LUTING SPEED OF 10' PER MINUTE SINGLE SPEED. OPERATING CURRENT 2 Gc 3 PHASE, 60 CYCLE AC WITH 110 VOLT CONTROL. ELECTRICAL EQUIPMENT TO BE CLASS I, GROUP D, DIVISION I, EXPLOSION PROOF. HOIST TO 3E FURNISHED COMPIETE WITH 7WC BUTTON PUSH-BUTTON STATION AND 20' OF THREE CONDUCTOR TAGLINE CABLE. THESE BIS HOIST ARE TO BE INSTALLED ON THE NEW MONORAIL SYSTEM AND THE EXISTING MONCRA" SYSTEM, -- Continued on Page--3_ -- (Page 3 :s a numbered but otherwise blank page for use as a continuation sheet for paragraph 5, if needed. Insert `3 if it is used; otherwise insert ``4" which is the start of General Conditions.) EXX 006584 SPECIFICATIONS: (CONTINUED) Page 3 6 X 3' GALVANIZED ADJUSTABLE WALL LOUVERS, COMPLETE WITH FIRESCREEN. ALL NECESSARY FLASHI.X X EE 2" SAUCE C-ALVANIIED STEEL, INCLUDING ECX TIPS SUTTEES AND ESCAPE DOWNSPOUTS. 5 '=) SUBCONTRACTOR MUST FURNISH OWN WAREHOUSING AND MISCELLANEOUS WORKMEN'S SUPPLIES. 5 (=) ALL INQUIRIES THAT THE SUBCONTRACTOR MISHT HA'/E CONCERNING THIS SUBCONTRACT MUST EE THROUGH THE SENERAL CONTRACTOR'S JOB SUPERINTENDENT AND NOT DIRECTLY TO THE OWNER. ; U) SUBCONTRACTOR TO CONTACT THE GENERAL CONTRACTOR' 3 JOB SUPERINTENDENT TO SCHEDULE AID COORDDJATE THIS SUBCONTRACT. 5 (e) TWO COPIES OF THE GENERAL CONTRACTOR'S "AFFIDAVIT FOR SUBCONTRACTORS1' ARE ATTACHED. SUBCONTRACTOR TO EXECUTE ONE COPY AND RETURN WITH HIS FINAL AND/OR RETAINAGE INVOICE -- Continued on Page 4 -- EXX 006565 Page 4 of 7 II. GENERAL CONDITIONS I. A copy of the General Contract has been made available an<i inail be at all times available for inspection and teference oy Subcontractor at General Contractor'3 office. Upon Subcontractor 5 vntten request copies of pertinent portions neeued for his tally reference will be supplied. Subcontractor represents that he has read and 13 familiar with tne provisions of the General Contract and that he will comply with all of its provisions appiicaole to the Subcontract. Subcontractor further represents that ne .s familiar with the physical conditions and availability of labor and materials in the area of tne Sublet Work aro ail other items affecting the performance of the Sublet Work. General Contractor and Subcontractor agree to oe oouna by the terms of the General Contract which is hereoy made a part of this Subcontract with respect to the Sublet Work and also Dy the provisions of this Subcontract. As to the Sublet Work, the Subcontractor agrees to oe sound to the General Contractor oy the terms of the General Contract and to assume toward him all of the obligations and responsibilities that the General Contractor oy the General Contract assumes toward the Owner, except as expressly provided herein, and General Contractor shall be bound to the Subcontractor by all of the obligations that the Owner assumes to the General Contractor under the General Contract and by all the provisions thereof affording remedies and redress to the General Contractor from the Owner, except as otherwise expressly provided herein. Subcontractor shall have an opportunity to be present and to submit evidence in any arbitration or other proceed ing involving his rights, provided such is agreeable to the Owner. Subcontractor shall make any claim for extras, request for ex tensions of time and claim for damages or otherwise which are authorized by this Subcontract and give any notices provided for m the General Contract or in this Subcontract to the General Contractor in the manner provided in the General Contract for like claims, requests and notices by the General Contractor upon the Owner, except that Subcontractor agrees that any such claims, requests and notices shall be made well enough in advance to allow General Contractor to comply with the requirements of the General Contract and Subcontractor agrees to be bound by the Owner's decision thereon. 2. Subcontractor agrees to perform the Sublet Work in a careful and workmanlike manner in accordance with the beat con struction practices and this Subcontract, and to furnish all supervision, labor, supplies, tools, equipment, facilities, storage, and materials (except as Owner or General Contractor specifically agrees herein to furnish) and all other things and services necessary or desirable to perform the Sublet Work. I. General Contractor agrees to pay Subcontractor for the performance of the Sublet Work the amount specified in Para graph 2 of Section [ and to make payments, both partial and final, to Subcontractor within ten (10) days after such payments for the Sublet Work are received by Contractor from Owner under the provisions of the General Contract, except that General Con tractor shall retain ten percent U0%> of the amount of each estimate on the Sublet Work until final completion of Subcontractor's work and the balance shall be paid within thirty (30) days after final completion and acceptance of Subcontractor's work by Owner upon a proper invoice submitted by Subcontractor accompanied by an affidavit that all bills for labor, materials, taxes, .services and other costs of the Sublet Work have been paid and indemnifying General Contractor therefrom and a release by Sub contractor of any further claims against General Contractor. Payment of any installment may be withheld until Subcontractor furnishes satisfactory proof of payment of ali bills for labor, materials, taxes, services and other expenses in connection with the Sublet Work and all claims for changes or extra work have been settled. Until final completion and delivery of the Sublet Work, all funds paid to Subcontractor shall be held in Trust for application solely to payment of laborers, materialmen, fabricators, sub contractors and others furnishing elements of the Sublet Work. Subject to performance by General Contractor of' its obligations hereunder, title to all materials, components, fabricated items, and work in process intended for the Sublet Work, and the beneficial interest in all purchase orders or subcontracts therefor shall vest in General Contractor immediately upon delivery to the job site, or identification to this Subcontract, or commencement of fabrication in Subcontractor's or a supplier's shop, or award of a purchase order or subcontract; provided, that this provision shall not relieve Subcontractor 0/ the absolute duty to complete and deliver the Sublet Work in good condition, or any other obligation hereunder. 4. Subcontractor agrees to commence the Sublet Work immediately when instructed and to prosecute same in coordination with the work of others and with sufficient equipment, supervision and manpower to insure completion of each part of 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 time to time; and, in the absence of such instructions from General Contractor or Owner, at the times and in the sequence reasonably necessary 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. In the event Subcontractor be delayed by the Owner, General Contractor, or another contractor rforming work on the project, or by the ordering of extra work. General Contractor shall owe Subcontractor only an extension -vf time and then only if written request therefor is made by Subcontractor within forty-eight (481 hours from the beginning of the delay. 5. If any part of Subcontractor's work depends, for proper execution or results, upon the work of any other contractor, Subcontractor shall inspect the work of the other contractor and promptly report to General Contractor any defects in such work or the performance thereof that adversely affects the proper execution and the obtaining of the desired results of the Sublet Work. Subcontractor's failure to inspect and report any such defects shall constitute an acceptance of the other contractor's work as fit and properly performed. Subcontractor shall endeavor to settle by agreement or arbitration all claims asserted by any other subcontractor, materialman, or other person arising from Subcontractor's own acts or omissions, or m any manner relating to the performance of the Sublet Work; and in the event General Contractor or Owner shall be sued on any such claim. Subcontractor snail defend such suit, and pay or satisfy any judgment rendered therein against General Contractor or Owner and pay all costs, including attorneys' fees, incurred by General Contractor or Owner. '1. Subcontractor shall, at its own expense, procure ail required permits and licenses and pay ail fees and charges and give au 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 instructions or regulations of any local, state or federal governmental agency or authority, and with the requirements of any one having the right to control how any poition of the Sublet Worn is to be performed; provideu, however, that the Sublet Work shall be performed to the satis faction of the General Contractor and Owner. 7. Owner and General Contractor shall have the right to enter upon the site of the Sublet Work for the purposes of inspec tion. accounting, and performing such collateral work as Owner or General Contractor may desire. Subcontractor agrees to furnish ail facilities deemed necessary by the General Contractor and Owner for the proper inspection of the Sublet Work and to account to the Owner ana General Contractor for any materials furnished by Owner or General Contractor wnich are being handled by Subcont'actor Subcontractor shall protect :he Sublet Work and bear and be liable for all loss or Jamage of any kind, including -- Continued on Page 5 -- EXX 065Sk Page 5 lamage uv the f-cmerua )i otherwise to tne Suoiet Woik; or to matei .u.s >i omer items f m: r. e< t oy Owner 31 General Conti actor to Suocontractoi wmch nay oappen at any time piioi to the '..me '."at Owner accepts tne Sublet Work Subcontractoi shall variant the Suoiet Woik as provided .n the Geneial Contract, am; f -o vaiunty is mere ptoviueu. Suoconti actor snail wairant the Sublet Woi k to oe fiee from defects :n material and workmansmo ana agrees to mane good at Subcontractor s own expense any such defects discovered within one < > year from the time of acceptance by Owner of ad the wotk covered by the General Conti act. i. Subcontiactor agtees to indemnify anu to >ave Genera! Cone; a<.toi and Owner harm.ess fioni anu against a.'l ciaims, >uits 'including counsel fees and otner expenses of suit), wrecher ginunuiess or not, .udgments and awards on account of any lamage to property or injury 'including deathi to person 'including any jamaee or m;ury to tne pioneity 01 peison of any em ployee of Subconti actor. General Contractor, 01 Owner) which may be caused or alleged to nave been caused in whole or in part by, or which may occur or oe alleged to nave occurred m connection with, the nerfoi mance of the Suolet Work; piovidecJ that Sub contractor does not heieoy assume i esponsioi iity for the sole negligence >f General Contractor out loes assume i esponsibdity wheie there is concurring negligence of General Contractor and Suocontraccor. ') Subcontractor, notwithstanding the piovisions of Paiagraph 4. assumes all lisk.i of loss or damage to Subcontractor's tools, equipment or property from any cause including the negligence of Owner, Geneial Contiactor, or any other Subcontractor pei forming work in connection with the work desenbed in the General Conti act. In the event General Contractor or Owner loans or furnishes tools or equipment to Subcontractor ov permits Subcontractor aboard their vessels m connection with the Sublet Work, Subcontractor agrees (a) to make its own determination before commencing work that such vessel-, aie seaworthy and such tools and equipment are adequate for the safe performance of the work by Subcontractor; (bi that such tools, equipment or vessels aie '"`aned or furnished and accepted by Subcontractor without warranty or representation by General Contractor or Owner as to their idition; (ci to return such vessels, tools and equipment to General Contractor or Owner at the conclusion of such use in name condition as when received, ordinary wear and tear excepted; and (d) to indemnify anil hold General Contractor and Owner harm less from all claims, demands, causes of action, damages and injuries resulting from Subcontractor's use of said vessels, tools and equipment, including any claims, demands, causes of action, damages or injurtes resulting from or alleged to result from negligence of General Contractor or Owner, or from the inadequacy or unseaworthiness of said vessels, tools and equipment for the perform ance 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 m respect to the nature of the Sublet Work or in lespect to the promptness with which the Sublet Work is being performed, Subcontractor has not corrected such deficiencies to the satisfaction of the individual in charge of this job for General Contractor in the field, General Contractor shall have the light to supplement the work of Subcon tractor or to take over completely the performance of the remainder of the Sublet Work cither with his own forces or by contract with others. Subcontractor grants General Contractor the option to use all or any part of Subcontractor's tools, equip ment, machinery, materials, and supplies then in use in performing the Sublet Work, and in the event General Contractor elects to use all or any part thereof, no rental shall be paid or given therefor and no credit accrues therefrom except insofar as the lack of any rental charge thus reduces the cost of completing the Sublet Work. Subcontractor also expressly waives any claim which he could assert in connection therewith for use of such equipment in whole or m part on other projects and any profits anticipated thereon during the period such equipment or any portion thereof are so utilized by Geneial Contrac tor in accordance with this provision or any provisions of the General Contract. In the event the cost of supplementing or completing the Sublet Work is more than the amount of money Subcontractor is entitled to on the price basis pro vided herein, Subcontractor agrees to pay to General Contractor upon demand the amount of such excess cost, and in the event such cost of supplementing or completing the Sublet Work is less than the amount of money Subcontractor is entitled to on the price basis specified herein. General Contractor agrees to pay Subcontractor upon demand the amount of such difference between price and cost; provided that if General Contractor shall supplement or complete the work with his own forces, General Contractor may charge Subcontractor with an additional ten <10'*) percent of the cost thereof. This light may be exercised from time to time as deemed proper and may he exercised even prior to the time specified for completion of the Sublet Work, and such exercise shall not be treated as a repudiation of this Subcontract or interference with the Subcontractor in.the performance of the Sublet Work, and the exercise of such rights shall not be regarded as relieving Subcontractor of his duties in respect to the performance of the Sublet Work; nor shall the exercise or non-exercie of such right prejudice any other remedy the General Contractor or Owner may have, including, without limitation, those specified tbr General Contract. Subcontractor agrees that the decision of the job superintendent in exercising the rights provided r herein shall be final and conclusive but if Subcontractor objects and disputes the judgment of the Job Superintendent he may appeal therefrom, within said 7 day period, to an executive officer of General Contractor designated by the Piesident of General Contractor and the written decision of that designated officer after hearing Subcontractor shall be final absent actual fraud. Sub contractor agrees to cooperate fully with General Contractor and not to complain thereafter of the manner or cost of supple menting or completing the Sublet Work. 11. The employees, repiesentatives and agents of Owner and Geneial Contractor -hall not have the power to auive -ny obligations of the agreement between the parties for the performance by the Subcontractor of the Suiilet Work in a c.uefui and workmanlike manner as provided herein. No waiver by the Owner oi General Contractor of any breach by the Subcontractor .i this Subconttact. or of any term or condition thereof (whether such waivei be expressed or implied), ahull be deemed to cm-t.tute a waiver of or consent to any subsequent meach of the same or if any other term or condition of this contract. 1J. In the performance of the Sublet Woik the Subcontractor i- an independent contmctoi with the ;ight n -tipei- -e manage and control the performance of the details thereof. General Contractoi and Owner ueing inteiested only - "e results of the same and being entitled to inspect the performance of the Sublet Woik by Subcontractor only to tne necessary to assure such results. 1'1. Subcontractor shall not >uhcontruct the Sublet Woik oi any portion theieof. nor a-sign any portion of 'he .n.n.edue or to become due under the Subcontract, without tne wiitten -:on-ent of General Contractor, and any attempt at >jcn Sulcontract or assignment without such consent shall be void. No suoconti act shall ie!ieve Suhcontiactor of his responsnnuty hereunder. 14 All written notices between the parties shall be by mail, properly stamped, addiessed and delivered to the postal authorities, and any such notice shall be effective at midnight of the day during which the notice is so mailed. Such notices shall be addressed to the nddtess shown onpage one of this Subcontract, unless written notice has been given of a new address. -- Continued on Page 0 -- EXX 006587 Page 6 ot 7 \'i SuncotKi actot -n.i! comply .\ith .1 pp ncunle laws, n finances. uies and -eeulations at any governmental agency "aving ,jj 5d;c::on. and vi'.ri ,i,i tei ms ..nd condit.on* if .ippi.c.iMe ::oimit>. ;ei ti : tea tes. .eases. '.'stinctions, casements >r Judications, md SoucontriicMr -na.l .ndemmfy and cold harmless 'ienoi.il \ irtractor ind Owr.ei :'"om any f:ne, penalty, loss, :a mage or e\pense i<!ultmir from Sancontractoi' failuie to comoiy Teiewith Subcontractor snail ceitify that all work :s leifoimed :r. .onr.m.ince w:tn tne ptovisions it the Fair Tjnoi Sta.ndatds Act. Subcontractor -n.ill carry and maintain throughout tne ;:fe of this Subcontract, at ts nvn expense, insurance as .pecified n tne General Tontract but not le-s than 'ne amounts -*nd coverage herein specif ed. and shall furnish certificates )f suen insuiance .n duplicate to Geneial Contractor before commencing woik. Certificates sna.l oear statement of .nsurors t. tne eifect tnat insuuncc 'hall not he cancelled. seduced, nor allowed to expire, except upon Ten ilfli days written notice deliveied to General Contractoi ly reiristeted mail In the event Subcontractor sublets any nart if the Sublet Work, it shall e the duty n tne Subcontractor to temnre that e%eiy such SuucorUi actor comply with the .nsurance and other requirements )f this Subcontract. Insurance snail ue placed with companies acceptaoie to General Contractoi and Owner Subrogation against General Contractor. Owner and other contractors performing work in connection with the work described in the Ceneiul Contiact is heiehy waived by Subcontractor and the policies shall oe endorsed accoiamgly. The minimum insurance shall ue ihe following amounts and coverage: a. Woikmen s Compensation (If marine operations are involved, endorsements shall provide maritime coveiage including Voluntary-Marine Endorsement. Outer Continental Shelf and U. S. Longshoreman's St Harborworkers Act) Statutory It. Comprehensive Public Liability (endorsed to include contractual and completed operations coverage hereunder) Bodily tnjury Property Damage $100,000 per person $300,000 per accident $100,000 per accident c. Automotive (Owned or Non-Qwned) 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 Full Value Full Value but not leas than $200,000 c. Other1 1L. There shall be no change in the unit prices, if any, described in paragraph 2 of Section I of this Subcontract due to any variances between estimated and actual quantities of the Sublet Work, and there shall be due and owing from General Contractor y such sums as result from the application of the unit prices, if any, described in that paragraph to the quantities of the Sub_v Work performed for which General Contractor received payment from the Owner. IS. Subcontractor shall keep the premises under his control neat and orderly at all times and shall remove all trash and debus daily and at the end of the contract. I'i Subcontractor agrees to furnish a performance bond within ten days should General Contractor so request in writing, whether before commencing the Sublet Wotk or at any time befoie completing the Sublet Work. Such bond shall be in form and with corporate sureties satisfactory to General Contractor, and in such amount as may be specified hy General Contractor as adequate to cover performance of the Sublet Work and any damage* that may iesult from the breach of this subcontract. I* immediate deliveiy is tequired by the Special Provisions. Subconti actor shall pay the premium, If immediate dehveiy is waived by the Special Provisions, General Contractor shall pay the normal ntemium if the bond is required ny General Contractor at a later date. JO. Subcontractor shall conform to the highest standards of safety practices in performance of the Sublet Work, and. specitcally, shall conform to all safety practices and requirements of Owner or General Contractor. General Contractor's current safety leguhmons .are attached hereto, or may be inspected at General Contiactor's office. 21. The entire agreement between the parties with respect to the work required by the General Contract is expressed :n tms written Subcontract, and it is agreed that this Subcontract has not been based upon any oral representations, promises or state ments of any one representing any party hereto, and that this agreement is theiefore based entirely upon the written documents constituting this Subcontract between the parties, 3nd supersedes all proposals and negotiations not expressly set rorth herein It s 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 is utilized m conjunction with this Subcontract, it is understood that any printed provisions of such other document have no application and that the pi i n ted provisions of this Suhcontiact foim are controlling, but the typewritten or handwritten provisions of such -- Continued on Page 7 -- EX X 0065S8 Form BRI-6L Pa?e 7 of 7 :ther document snail constitute a part hereof and shall be construed with all of the printed, typewritten and handwritten pro visions hereof. Any requirement shown on the drawings, but omitted from the specifications, or any requirement shown in the specifications but omitted from the drawings shall be considered as being required under this agreement as if set forth in both. 22. All work which is manifestly necessary to carry out the intent of the drawings and specifications pertaining to the Suolet Work or which is customarily done m performing this type of work for the Owner or General Contractor shall be performed by the Suocontractor as a part of the Sublet Work. 23. General Contractor may at any time by a "Change Order" in writing signed by General Contractor's authorized representative and without notice to the sureties on any bond, change or issue additional instructions, change or issue addi tional specifications and plans, and change, omit or require extra or additional work to be performed by Subcontractor. In such event. General Contractor will have full authority to specify the amount and kind of work to be done, or omitted, the materials to oe used, and the equipment to be furnished as fully as though such changes had been set forth m this subcon tract. When any change order shall authorize extra or additional work, Subcontractor shall make every effort to complete the sublet work as changed within the time originally agreed upon for completion, the time for completion not being extended unless expressly extended by General Contractor in writing. The General Contractor is authorized to make changes in the work which do not substantially increase the cost of the sublet work without the Subcontractor being entitled to any additional com pensation therefor. If such change orders substantially increase or decrease the cost of the sublet work to Subcontractor, there shall be an increase or decrease in the consideration to subcontractor (1| in accordance with the unit prices specified in this subcontract agreement or, if General Contractor agrees that the unit prices are not applicable, either (2) pursuant to a lump sum proposal acceptable to General Contractor or (3) by the actual direct cost to Subcontractor of such change in the '''blet work plus ten percent thereof, which costs directly related thereto will be supported by approved payrolls and paid -oices on additions to the sublet work and by agreed estimates of labor and materials deleted for decreases in the sublet ork. Subcontractor further agrees that no extra work, or changes in the Sublet Work, or m the Subcontract will be recognized or paid for unless agreed to in writing and approved by General Contractor and Owner before such work is done or such changes are made. 24. Subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, or sex. Subcontractor agrees that it will comply with al! applicable Federal, State and local Fair Employment Practices Act, or similar Act, Rules and Regulations, and whether or not applicable willcomply with the Federal Civil Rights Act of 1964. The terms and provisions of Executive Order 11246 and any Executive Order superseding same, are incorporated herein with respect to any Sublet Work subject thereto. 25. Regardless of any provision hereof or of any approval hereof the Owner is not a party to thisSubcontract and the Sub contractor agrees that the Owner is under no obligation to Subcontractor. 26. THE PACES OF THIS SUBCONTRACT CONSIST OF PAGES I, 2, 3, 4, 5, 6, 7 AND THE SAFETY REGULATIONS. APPROVED: By:----1 Title/ Date _ BROWN & ROOT. INC. Seaertl Contractor) JAMES L> WORTHINGTON PURCHASING AGENT SHANNON BUILDING CORPORATION EXX 006589 ( Kay 13, 1968 Me Uatia Bros. Iae., 5908 Southwest Freeway Houston, Texas 77087 Attention: Mr. P. B. Baall Bel Our Sabcootract lomber 87-5108-16 Gentlemen: Attached you will find tout copy of Subcontract Honber 27-5106-16 dated April 18, 1968. Ala Subcontract haa been duly executed by a member of our organization and la for you peraeneat file. Me ackaovled^ receipt of jour fine'a required Payment and Arfbreaace Bond. If you bate not as yet contacted our Job Superintendent par Item 5 (f) of this Subcontract, we would like to again reqocat that you do ao. Tory trily youra, James L. Morthlngton Purchasing Agent By 1 Thnmas C. Add TCTtra Attachaant cct Mr. R. B. Plack (l v/orlglnal attachment Mr. Oily Bakkan (2 w/attaebnent) Mr. Mai lynch (leaa attachment) Mr. Drew Farmer (laaa attachment) EXX 006590 Form 8R1-61 id-7 A UOWM-ftKI BROWN & ROOT, INC. Page 1 of 7 SUB-CONTRACT Job Number 27-51C8 (5) Subcontract No. 27-5108-io P. 0. No. _____ THIS AGREEMENT, made this23tn_____ day ofA pr.l 119_____________ 29 by and between BROWN & ROOT, INC., a Texas Corporation, 1100 Clinton Drive, Houston, Texas, (P. 0. Box 3) hereinafter called the "General Contractor", and_____ MC Il-V/AuN BROTHERS, INCORPORATED, 5902 Southwest Freeway, Telephone .- (71?) 732-75^0 'Ntrr*. Addr*** and Te'tpt'one Njrrib*n a---------USeXS-S_Corpora tlonwith principal offices at .Give Stt of Incorporation and whether a corporation, partnenftip or proprietorship I HoustonState ofTexas___________________77227 hereinafter called the ``Subcontractor", WITNESSETH ^^ WHEREAS, General Contractor has entered into a contract dated^Pr^________ zj__ _________________ with Humble Oil & Refining Companyhereinafter i Name of Owner* called the "Owner", for the construction nf Hydrofining CC Building #803 _ cBaytown, Texas (Nature of construction under General Contract!* l. (City) (StmWI in strict accordance with the General Contract, specifications, schedules, drawings, and general conditions, which are all collectively hereinafter called the "General Contract", and WHEREAS, Subcontractor desires to perform that portion of the work as required by the General Contract, which is described below as "The Sublet Work"; NOW THEREFORE, it is agreed by and between General Contractor and Subcontractor as follows; I. SPECIAL CONDITIONS l. The Sublet Work consist* of: Furnish labor, materials, tools, equipment, supervision taxes and required Insurance to complete the Heating, Ventilation and Air Conditioning work in accordance with Specifications for Hydrofining Control Center Building 803, Revlsionl, April 3, 1968, Appropriation 40-9141, referenced Engineering Drawings, Exhibit "A" General Specifications dated February 1, 1966, Exhibit "B", dated February 26, 19 and Owner's Safety, Plant Protection, and Traffic Regulations, revised June 1, 1966, and the "Special and General Conditions" herein, all of which hereby become a part of this Subcontract. (See Paragraph 5(a), Page 2,) Line-Voltage wiring is not included In this Subcontract, 2. The price for the Sublet Work shell be a Firm Lump Sum Total of FIFTEEN THOUSAND SIX HUNDRED FIFTY TOO AND NO/lOO DOLLARS ($15,552.00), which includes State of Texas Sales or Use Tax but Excludes the reimbursable fee charge for the required $15,652.00 Payment and Performance Bonds (Invoice Fee Charge Separately.) -- Continued on Page 2 -- EXX 006591 Page 2 of 7 3. The time of completion of the Sublet Work snail be as provided in paragraph 4 of the General Conditions out not later h.n 31x (5) weeks after Subcontractor received Approved Submittal Data. [See Paragraph 5(b). below:: 4. The performance bond provided for in the General Conditions must be delivered before any payment becomes due to Sub XXXcontractor hereunder, unless delivery at this time is waived. Immediate Delivery of Bond is: Waived____________ Required 5 Ocher special provisions of this subcontract are' (a) The General work of the Scope shall include: Two (2) carrier "Mr Cooled" condensing units Model #38AB-Cl6 (15-Tons each) Two (2) Domestic Fan/coil sections with six-row direct expansion cooling coils and two (2) row Heating Coils, 5000 CFM air available with each unit. Domestic re*heat Hot Water Coil, 1650 CFM capacity with 30 degree rise. Bell & Gossett Steam Converter Bell & Gossett Circulation Pump Minneapolis Honeywell Electronic Control System. Duct System, Piping, Etc. One Year Service Warranty with additional four year Carrier Warranty on Compressor only. (b) Drawings and data for approval shall be submitted in six (6) copies for approval by May 3, 1968. (c) Before commencing work and before this Subcontract becomes effective, the Subcontractor shall furnish the General Contractor with the required $15,652.00 Payment and Performance Bonds. (<*) Subcontractor Shall furnish own warehousing and miscellaneous workmen's supplies (e) All inquiries that the Subcontractor might have concerning this Subcontract must be made through the General Contractor's Job SuDerintendent and not directly to the Owner. (f) Subcontractor to contact the General Contractor's job Superintendent to schedule and coordinate this Subcontract. -- Continued on Page____ -- `Page 3 is a numbered but otherwise blank page for use as a continuation sheet for paragraph 5, if needed. Insert -'3" if it is used; otherwise insert "t" which is the start of General Conditions.! EXX 006592 Page -1 of 7 II. GENERAL CONDITIONS I. A copy of the General Contract has been made available and snail oe at all times available for inspection and reference by Subcontractor at General Contractor's office. Upon Subcontractor's written request copies of pertinent portions needed for his daily reference will be supplied. Subcontractor represents that he has read and is familiar with the provisions of the General Contract and that he will comply with all of its provisions applicable to the Subcontract. Subcontractor further represents that oe .a familiar with the physical conditions and availability of labor and materials in the area of the Sublet Work ana ail other items affecting the performance of the Sublet Work. General Contractor and Subcontractor agree to be bound by the terms of the General Contract which is hereby made a pact of this Subcontract with respect to the Sublet Work and also by the provisions of this Subcontract. As to the Sublet Work, the Subcontractor agrees to be bound to the General Contractor oy the terms of the General Contract and to assume toward him all of the obligations and responsibilities that the General Contractor oy the General Contract assumes toward the Owner, except as expressly provided herein, and General Contractor shall be bound to the Subcontractor by all of the obligations that the Owner assumes to the General Contractor under the General Contract and by all the provisions thereof affording remedies and redress to the General Contractor from the Owner, except as otherwise expressly provided herein. Subcontractor shall have an opportunity to be present and to submit evidence in any arbitration or other proceed ing involving his rights, provided such is agreeable to the Owner. Subcontractor shall make any claim for extras, request for ex tensions of time and claim for damages or otherwise which are authorized by this Subcontract and give any notices provided for in the General Contract or m this Subcontract to the General Contractor in the manner provided in the General Contract for like claims, requests and notices by the General Contractor upon the Owner, except that Subcontractor agrees that any such claims, requests and notices shall be made well enough in advance to allow General Contractor to comply with the requirements of the General Contract and Subcontractor agrees to be bound by the Owner's decision thereon. _ 2. Subcontractor agree* to perform the Sublet Work in a careful and workmanlike manner in accordance with the best con struction practices and this Subcontract, and to furnish all supervision, labor, supplies, tools, equipment, facilities, storage, and materials (except as Owner or General Contractor specifically agrees herein to furnish) and all other things and services necessary or desirable to perform the Sublet Work. :J. General Contractor agrees to pay Subcontractor for the performance of the Sublet Work the amount specified in Para graph 2 of Section I and to make payments, both partial and final, to Subcontractor within ten (10) days after such payments for the Sublet Work are received by Contractor from Owner under the provisions of the General Contract, except that General Con tractor shall retain ten percent (10%) of the amount of each estimate on the Sublet Work until final completion of Subcontractor's work and the balance shall be paid within thirty (30) days after final completion and acceptance of Subcontractor's work by Owner upon a proper invoice submitted by Subcontractor accompanied by an affidavit that ail bills for labor, materials, taxes, services and other costs of the Sublet Work have been paid and indemnifying General Contractor therefrom and a release by Sub contractor of any further claims against General Contractor. Payment of any installment may be withheld until Subcontractor furnishes satisfactory proof of payment of ail bills for labor, materials, taxes, services and other expenses in connection with the Sublet Work and all claims for changes or extra work have been settled. Until final completion and delivery of the Sublet Work, all funds paid to Subcontractor shall be held in Trust for application solely to payment of laborers, materialmen, fabricators, sub contractors and others furnishing element* of the Sublet Work. Subject to performance by General Contractor of its obligations hereunder, title to all material*, component*, fabricated items, and work in process intended for the Sublet Work, and the beneficial interest in all purchase orders or subcontracts therefor shall vest in General Contractor immediately upon delivery to the job site, or identification to this Subcontract, or commencement of fabrication in Subcontractor's or a supplier's shop, or award of a purchase order or subcontract; provided, that this provision shall not relieve Subcontractor of the absolute duty to complete and deliver the Sublet Work in good condition, or any other obligation hereunder. 4. Subcontractor agrees to commence the Sublet Work immediately when instructed and to prosecute same in coordination with the work of others and with sufficient equipment, supervision and manpower to insure completion of each part of 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 time to time; and, in the absence of such instructions from Genera) Contractor or Owner, at the times and in the sequence reasonably necessary 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. In the event Subcontractor be delayed by the Owner, General Contractor, or another contractor .'rforming work on the project, or by the ordering of extra work. General Contractor shall owe Subcontractor only an extension time and then only if written request therefor is made by Subcontractor within forty-eight (48) hours from the beginning of the delay, 5. If any part of Subcontractor's work depends, for proper execution or results, upon the work of any other contractor. Subcontractor shall inspect the work of the other contractor and promptly report to General Contractor any defects in such work or the performance thereof that adversely affects the proper execution and the obtaining of the desired results of the Sublet Work. Subcontractor's failure to inspect and report any such defects shall constitute an acceptance of the other contractor's work as fit and properly performed. Subcontractor shall endeavor to settle by agreement or arbitration all claims asserted by any other subcontractor, materialman, or other person arising from Subcontractor's own acts or omissions, or m any manner relating to '."e performance of the Sublet Work: and in the event General Contractor or Owner shall be sued on any such claim, Subcontractor shall defend such suit, and pay or satisfy any judgment rendered therein against General Contractor or Owner and pay all including attorneys' fees, incurred by General Contractor or Owner. 0. Subcontractor shall, at its own expense, procure all required permits and licenses and pay all fees and charges ar j all notices necessary and instant to the due and lawful prosecution of the Sublet Work. Subcontractor shall comply with the requirenients of any deeds and rights-of-way easement restrictions and any permit requirement and any instructions or regulations of any local, state or federal governmental agency or authority, and with the requirements of any one having the right to control how any portion of the Sublet Work is to be performed; provided, however, that the Sublet Work shall be performed to the satis faction of the General Contractor and Owner. 7. Owner and Genera! Contractor shall have the right to enter upon the site of the Sublet Work for the purposes of inspec tion, accounting, and performing such collateral work as Owner or General Contractor may desire. Subcontractor ag.ees to furnish all facilities deemed necessary by the General Contractor and Owner for the proper inspection of the Sublet Work and to account to the Owner and General Contractor for any materials furnished by Owner or General Contractor which are being handled by Subcontrhctor. Subcontractor shall protect the Sublet Work and bear and be liable for all loss or damage of any kind, including -- Continued on Page 5 -- EXX 006593 Page 5 of 7 ;amage ov '.he elements oi nneiwtse la tne Sublet W'oik or to materials or othei items fuinisneil by Owner or General Contractor to Suoconiractoi .vmch nay happen at any time prior- tu the time mat Owner accepts the Sublet Work. Subcontractor shall vaiiant tne Sublet Work as provided in the General Contract, anu .f no varranty is there piovmed. Subcontractor shall warrant tne Sublet Woik to oe f.ee from refects in material and workmansnm and agiees to make good at Subcontr actor's own expense any -.uch defects oi>covei e<i within one i i year :':om tne time of acceptance by Owner- of ail the work covered by the General Contract. s. Subcontr actor agrees to .ndemmfy and to >ave General Contractor and Owner- narnuess from an<J against all claims. >uits f.ncludmg counsel fees and otner expenses of suit), whether giounuless oi not. judgments and awards on account of any lamage to pioperty or injury ^including death* to person 'including any damage or injury to the property or person of any em ployee of Subcontractor, General Contractor, or Owner! which may be taused or alleged to have been caused in whole or in part by. or which may occur' or be alleged to have occurred in connection with, the performance of the Sublet Work; provided that Sub contractor' does not hereby assume responsibility for the sole negligence of General Contractor nut Joes assume \esponsib\lity where there is concurring negligence of General Contractor anu Subcontractor J. Subcontractor, notwithstanding the piovisions of Paragraph >i. assumes all risk* of ,'oss or- damage to Subcontractor's tools, equipment or property from any .ause including the negligence of Owner, General Contractor, or any other Subcontractor performing wor k in connection with the work described in the General Contract. In the event General Conti actor or Owner loans or furnishes tools or equipment to Subcontractor or permits Subcontiactor aboaid their vessels in connection with the Sublet Work, Subcontractor agrees (a) to make its own determination before commencing work that such vessels are seaworthy and such tools and equipment are adequate for the safe performance of the work by Subcontractor; {b> chat such tools, equipment or vessels are `oaned or furnished and accepted by Subcontractor without warranty or reptesentation by General Contractor or Owner as to their ndition; (c) to return such vessels, tools and equipment to General Contractor or Owner at the conclusion of such use in same ^-condition as when received, ordinary wear and tear excepted; and (d) to indemnify and hold General Contractor and Owner harm less from all claims, demands, causes of action, damages and injuries resulting from Subcontractor's use of said vessels, tools and equipment, including any claims, demands, causes of action, damages or injuries resulting from or alleged to result from negligence of General Contractor or Owner, or from the inadequacy or unseaworthiness of said vessels, tools and equipment for the perform ance 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 Work or m respect to the promptness with which the Sublet Work is being performed, Subcontractor has not corrected such deficiencies to the satisfaction of the individual in charge of this job for General Contractor in the field. General Contractor shall have the right to supplement the work of Subcon. tractor or to take over completely the performance of the remainder of the Sublet Work either with his own forces or by contract with others. Subcontractor grants General Contractor the option to use ail or any part of Subcontractor's tools, equip ment, machinery, materials, and supplies then in use in performing the Sublet Work, and in the event General Contractor elects to use all or any part thereof, no rental shall be paid or given therefor and no credit accrues therefrom except insofar as the lack of any rental charge thus reduces the coat of completing the Sublet Work. Subcontractor also expressly waives any claim which he could assert in connection therewith for use of such equipment in whole or in part on other projects and any profits anticipatedthereon during the period such equipment or any portion thereof are so utilized by General Contrac tor in accordance with this provision or any provisions of the General Contract. In the event the cost of supplementing or completing the Sublet Work is more than the amount of money Subcontractor is entitled to on the price basis pro vided herein. Subcontractor agrees to pay to General Contractor upon demand the amount of such excess cost, and in the event such cost of supplementing or completing the Sublet Work is less than the amount of money Sul>contractor is entitled to on the price basis specified herein, General Contractor agrees to pay Subcontractor upon demand the amount of such difference between pevee and cost; provided that if General Contractor shall supplement or complete the work with his own forces, General Contractor may charge Subcontractor with an additional ten (LOG) percent of the cost thereof. This right may he exercised from time to time as deemed proper and may be exercised even prior to the time specified for completion of the Sublet Work, and such exercise shall not be treated as n repudiation of this Subcontract or interference with the Subcontractor in'the performance of the Sublet Work, and the exercise of such rights shall not be regarded ns relieving Subcontractor of his duties in respect to the performance of the Sublet Work; nor shall the exercise or non-exercise of such right_prejudice any other remedy the General Contractor or Owner may have, including, without limitation, those specified n the General Contract. Subcontractor agrees that the decision of the job superintendent in exercising the rights provided r herein shall be final and conclusive but if Subcontractor objects and disputes the judgment of the Job Superintendent he may appeal therefrom, within said 7 day period, to an executive officer of General Contractor designated by the President of Geneial Contractor and the written decision of that designated officer after hearing Subcontractor shall be final absent actual fraud. Sub contractor agrees to cooperate fully with General Contractor and not to complain thereafter of the manner or cost of supple menting or completing the Sublet Work. 11. The employees, lepresentatives and agent* uf Owner and General Contractor shall not have the power m waive any obligations of the agreement between the paities for the performance by the Subcontractor of the Sublet. Woik in a careful and workmanlike manner as provided herein. No waiver Gy the Owner or General Contractor of any breach by the Subcontractor of this Subcontract, or of any term or condition theieof (whether such waiver be expressed or implied), shall be deemed to consti tute a waivei of or consent to any sunscmient biench of the same or of any other term or condition of this contract. 1J. In the performance of the Sublet Work the Subcontractor i- an independent contractor with the right to supervise, manage and control the performance of the details thereof. General Contractor and Owner being interested only in the results of the same and being entitled toinspect the performance of the Sublet Work by Subcontractor only to the extent necessary to assure such results. IJ. Subcontractor shall not -uhcuntract the Sublet Woik or anv portion thereof, nor a.v-ign any portion of the monies due or to become due under the Subcontract, without the written consent of General Contractor, and any attempt at such Subcontract oi assignment without -uch consent shall be void No subcontract shall iclieve Subcontractor of his responsibility hereunder. U. All written notices between the prunes shall be by mail, pioperly stamped, addressed and delivered to the postal nuthoiities, and any such notice shall be effective at midnight of the day during which the notice is so mailed. Such notices shall be addressed to the address shown on page one ofthis Subcontract, unless written notice has been given of a new addiess. -- Continued on Page 6 -- exx 006594 Page 6 of 7 :5 Siiuconci iicui 'h.iil comply .uth .ul applicant .uws. ordinance* ;jles and regulations )f any governmental agency navtnir jurisdiction, and .vith all teim.-. ,,nd condition* it applicable -.km nuts, cei tificates. leases, lestnctions, casements u dedications, and Subconti actoi .hull indent n i iy and Mold h:uni.es Geneia! Contractor and Ownei from any fine, penalty, 'oss. damage or e\:>en*e lesuiting :iom Suiiconti actor's f.uiuie to comply -.Herewith. Suncontnictoi -hai! certify that all work .s ,-ei formed in .ompiiancc -vith the ni'nvi*mnx of the Pan I.anoi StandanJ* Act. 'I. Suiiconti actor mall cairy and maintain ihrougnout the ,:fe jf -.ms Suncontract, at its own expense, insurance as -nocified m the Geneiai (Cmuact nut not ls>, than the amounts and coverage heicin specified, and shall furnish certificates 't such insurance in duplicate to Oeneial Contractor uefore commencing work. Certificates shall near statement of insurors to the effect that insurance shall not ne cancelled, :educed, nor allowed to expire, except upon Ten <IQ) days written notice ieltveied to General Contractor ny regi-teied mail In the event Subcontractor sublets any pan of the Sublet, Work, it shall e the duty if the Subcontractor to lequire that evety such Subcontractor comply with the insurance and other tequnements uf this Subcontract. Instnance shall --e placed with companies acceptable to General Contractor and Owner, Subrogation agam>t General Contractoi, Owner and other contractors performing work in connection with the work described :n the Geneiai Contiact is heteby waived by Subcontractor and the policies shall be endorsed accordingly. The minimum insurance shall be the following amounts and coverage: a. Workmen's Compensation (If matine operations aie involved, endorsements shall provide maritime coverage including Voluntary-Marine Endorsement. Outer Continental Shelf and U. S. Longshoreman's & Harboiworkers Act) Statutory b. Comprehensive Public Liability fendorsed to include contractual and completed operations coverage hereunder) Bodily Injury Property Damage c. Automotive (Owned or Non-Owned) Bodily Injury . P roperty Da ma ge d. If Marine vessels are involved: Hull Protection and Indemnity Insurance $100,000 per person $300,000 per accident $100,000 per accident $100,000 per person $300,000 per accident $100,000 per accident Full Value Full Value but not less than $200,000 e. Other- t-?. There shall be no change in the unit prices, if any, described in paragraph 2 of Section I of this Subcontract due to any variances between estimated and nctunl quantities of the Sublet Work, and there shall be due and owing from General Contractor ly such sums us result from the application of the unit prices, if any. described in that paragraph to the quantities of the Sub let Work performed for which General Contractor received payment from the Owner. 18. Subcontractor shall keep the premises under his control neat and orderly at all times and shall remove all trash and (lehns daily and at the end of the contract. l'.(. SuLcunirnctor agrees to furnish a performance bond within ten days should General Contractor so request in wi;tmg, whether before commencing the Sublet Work or at any time before completing the Sublet Work. Such bond shall be in foim and with corporate sureties satisfactory to General Contractor, and in such amount as may be specified by General Contractor is adequate to cover perfonnance of the Sublet Work and any damages that may result from the breach of this sunennti act 'f immediate dehveiy is lequned by the Special Provisions. Subcontractor shall pay the premium; If immediate delivery .s j ! by the Special Provisions, General Contiactor shall pay the normal premium if the bond is requited ny General rontrac'.ur . later date. 20. Subcontractor shall conform to the highest standards of safety practices in performance of the Sublet Work. and. a'*--- ' icaily. shall conform to all safety practices and requirements of Owner or General Contractor. General Contractor's current -j:*" . regulations are attached hereto, or may be inspected at General Contractor's office. 21. The entue agreement between the parties with respect to the woik required by the General Contract is expressed :n '.rus wntten Subcontract, and it is agreed that this Subcontract has not been uased upon any oral representations, promises oi state ments of any one representing any party hereto, and that this agreement is therefore based entirely upon the written documents constituting this Subcontract between the parties, and supersedes all proposals and negotiations not expiessly set forth herein U is rurther agreed that this agreement shall not be changed, modified, abrogated or superseded by any subsequent agreement unless it be m wilting and signed by both parties. In the event a Purchase Order, Work Order or other similar document is utilized in conjunction with this Subcontract, it is understood that any printed provisions of such ocher document have no application and that the printed provisions of this Subcontract form are controlling, but the typewritten or handwritten provisions of such -- Continued on Page 7 -- 0065^5 Form QR1-61 IWT Page 7 of 7 other document shall constitute a part hereof and shall be construed with all of the printed, typewritten and handwritten pro visions hereof. Any requirement shown on the drawings, but omitted from the specifications, or any requirement shown in the specifications but omitted from the drawings shall be considered as being required under this agreement as if set forth in both. 22. All work which is manifestly necessary to carry out the intent of the drawings and specifications pertaining to the Sublet Work or which is customarily done m performing this type of work for the Owner or General Contractor shall be performed by the Subcontractor as a part of the Sublet Work. 23. General Contractor may at any time by a "Change Order" in writing signed by General Contractor's authorized representative and without notice to the sureties on any bond, change or issue additional instructions, change or issue addi tional specifications and plans, and change, omit or require extra or additional work to be performed oy Subcontractor. In such event. General Contractor will have full authority to specify the amount and kind of work to be done, or omitted, the materials to be used, and the equipment to be furnished as fully as though such changes had been set forth in this subcon tract. When any change order shall authorize extra or additional work, Subcontractor shall make every effort to complete the sublet work as changed within the time originally agreed upon for completion, the time for completion not being extended unless expressly extended by General Contractor in writing. The General Contractor is authorized to make changes in the work which do not substantially increase the cost of the sublet work without the Subcontractor being entitled to any additional com pensation therefor. If such change orders substantially increase or decrease the cost of the sublet work to Subcontractor, there shall be an increase or decrease in the consideration to subcontractor (1) in accordance with the unit prices specified in this subcontract agreement or, if General Contractor agrees that the unit prices are not applicable, either (2) pursuant to a lump sum proposal acceptable to General Contractor or (3) by the actual direct cost to Subcontractor of such change in the --'blet work plus ten percent thereof, which costs directly related thereto will be supported by approved payrolls and paid oices on additions to the sublet work and by agreed estimates of labor and materials deleted for decreases in the sublet work. Subcontractor further agrees that no extra work, or changes in the Sublet Work, or in the Subcontract will be recognized or paid for unless agreed to in writing and approved by General Contractor and Owner before such work is done or such changes are made. 24. Subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, or sex. Subcontractor agrees that it will comply with all applicable Federal, State and local Fair Employment Practices Act, or similar Act, Rules and Regulations, and whether or not applicable will comply with the Federal Civil Rights Act of 1964. The terms and provisions of Executive Order 11246 and any Executive Order superseding same, are incorporated herein with respect to any Sublet Work subject thereto. 25. Regardless of any provision hereof or of any approval hereof the Owner is not a party to this Subcontract and the Sub contractor agrees that the Owner is under no obligation to Subcontractor. 26. The Pages of this Subcontract consist of Pages 1, 2, 4, 5, 6, 7 and the Safety Regulations. APPROVED: By: (Title) Date _ BROWN & ROOT, INC. EXX 006596 .y A lOWN.|IV' Brown & Root, INC. &nx^tne&i4 Cort<iZia^Z<yu) POST OFFICE BOX 3. HOUSTON. TEX US 77001 CABLE A00RES8: BROWNBILT January 16, 1969 Johnson Construction Specialties, Inc. Attached 70a will find year copy of Subcontract Rafter 27-5158-lt, dated January 9, 1969. Shis Subcontract has been duly executed by a neater of oer organisation and la for year peroenent file. If yen have not as yet contacted our Job Superintendent per paragraph 5 (d) page 2 of this subcontract, we would like to again request that you do so. Very truly Tours, Jsaea L. Worthington Purchasing Agent By: Thomas C. Todd TCTsad Attacbnent cc: Masers: R. E. Flack (1 v/orlg. attach) 0 M. Bakken (2 v/attach) Mel lynch (lsss attach) Drew Varner (less attach} Coc< r,. V<?72?- EXX 001518 Form BR1-6J 10-61 A MOWH-IH.T BROWN & ROOT, INC. ^ f 7 SUB-CONTRACT Job Number_?7-5i;3-322.05 (?) Subcontract No_27^155-Ik P. 0. No._g-;X;S-l^- THIS AGREEMENT, made this____ 2thday ofw'&n^ryI9_2i_ by and between BROWN & ROOT, INC., a Texas Corporation, 4100 Clinton Drive, Houston, Texas, (P. 0. Box 3) hereinafter called the "General Contractor", and__ Johnson Construction jnecialti.es,__Incorporates, 290^ Holmes Road, telephone: (713) 7^3-2650_______________________________________________________ (Nme. Str*t Addrcst *nd Telephone Numtxri a_TgoSS Corporation____________________ with principal offices at (Civ* State of incorporation and wbethar a corporation, pannenhip, or proprietorship) Houstonstate nf Texas '""351 hereinafter called the "Subcontractor", WITNESSETH WHEREAS, General Contractor has entered into a contract dated_____________________________________ _ with Humble Oil ? Refining Compand_________________________________________________________ hereinafter iNama of Owner) called the "Owner", for the construction nf Light Ends Control Center Puilding 807 (Nature of construction under General Contract)* 1 tSKitawn, Te>;as (City) (Siatei in strict accordance with the General Contract, specifications, schedules, drawings, and general conditions, which are all collectively hereinafter called the "General Contract", and WHEREAS, Subcontractor desires to perform that portion of the work as required by the General Contract, which is described below as "The Sublet Work"; NOW THEREFORE, it is agreed by and between General Contractor and Subcontractor as follows: I. SPECIAL CONDITIONS 1. :The Sublet Work consists of Furnish and install access floor including perimeter support Jacks.in accordance with specifications for Light Ends Control Center Euilding 307, dated November 25, 1968, appropriation 1)2-9157, referenced Engineering Drawings, Exhibit "A" General Specifications dated 2-1-66, Exhibit "5" dated 11-25-68 and owner's Safety, ?la Protection, and Traffic Specifications, revised 6-1-66, and the "Special and General Conditions" herein, all of which hereby become a part of this Subcontract. Subcontractor's scope excludes cable cut-outs and resilient base. 2. The price for the Sublet Work shall be a firm lump sum total of SIX THCl'SAMD IITI.r- }ZSl7ZrZZ TWENTY TWO AND NO/lOO DOLLARS ($6,922.00), which includes all Texas State and Local Sales or Yse Taxes. -- Continued on Page 2 -- EXX 001519 Page 2 of 7 3. The time of completion of the Sublet Work shall be as provided :n paragraph 4 of the General Conditions but not ;ater <hn -'if srhftdnlKs and/cr dates set fcv th General Contractor's ,'cb Superintendent.. l.-ee Paragraph t falr below. 1 4 The performance bond provided for in the General Conditions must be delivered before any payment becomes 3ue to Sub Xcontractor hereunder, unless delivery at this time is waived. Immediate Delivery of Bond is: Waived.... ; Required 5. Other special provisions of this subcontract are; <a> Drawings for approval to be submitted 1-20-69. Order to be shipped complete five weeks after vendor's receipt of Approved Drawings. 5 (b) Subcontractor must furnish own warehousing and miscellaneous workmen's supplies. 5 (c) All inquiries that the Subcontractor might have concerning this Subcontract must be made through the General Contractor's Job Superintendent and not directly to the Owner. 5 (d) Subcontractor to contact the General Contractor's Job Superintendent to schedule and coordinate this Subcontract. 5 (e) Two copies of the General Contractor's "Affidavit for Subcontractors" are attached. Subcontractor to execute one copy and return with his final and/cr retainage invoice. -- Continued on Page - -- Page 3 :s a numoered but otherwise uiar.K page tor jse as a continuation sneet for oaragrap use:, otherwise insert "4" wrier. .3 the start 0: Genera. Conditions 1 reeoed Insert EXX 00152 Page -1 II. GENERAL CONDITIONS ! A copy of the Genera! Contract has been made available and sia. oe at a., times avahao.e for 'nspection arm reference oy Subcontractor at Genera! Contractor's office. Upon Subcontractor s written request copies o: nertiner.t portions neecec for "is daily reference wl! be supplied Subcontractor represents that he nas rear and is fam: iar with tne provisions of t.le Genoia. Contract and that he will comply with all of its provisions applicable to the Subcontract. Subcontractor further represent; tnat he is fami.iar witn tne physica; conditions and availability of iaoor anc materia.s 'n the area of me Suolet Work and a.I itrer items affecting the performance of the Sublet Work. Generai Contractor anc SuDccr.tractor agree :c oe bound by the terms of tne General Contract which is hereby made a part of this SuDcontract with respect to tne Sublet Worft and also by the provisions of this Suoccntract. As to the Sublet Work, the Subcontractor agrees to be bound to the Genera! Contractor oy the terms of the General Contract and to assume toward him all of the obligations and responsibilities that the General Contractor oy tr.e Genera. Contract assumes toward the Owner, except as expressly provided r.ereir, and Genera. Contractor sha:: be bound to tr.e Subcontractor oy all of the obligations that the Owner assumes to the General Contractor under the General Contract and by all the provisions thereof affording remedies and redress to the General Contractor from the Owner, except as otherwise expressly provided herein. Subcontractor shall have an opportunity to be present ana to submit evidence in any ai'biuatiofi or other proceed ing involving his rights, provided such is agreeable to the Owner. Subcontractor shall make any ciaim for extras, request for ex tensions of time and ciaim for damages or otherwise which are authornec oy this Subcontract and give any notices provided for in the General Contract or in this Subcontract to the General Contractor in the manner provided in the General Contract for like claims, requests and notices by the General Contractor upon the Owner, except that Subcontractor aerees that any such claims, requests and notices shall be made well enough in advance to allow General Contractor to comply with the requirements of the General Contract and Subcontractor agrees to be bound by the Owner's decision thereon 2. Subcontractor agrees to perform the Sublet Work in a careful and workmanlike manner in accordance with the best con struction practices and this Subcontract, and to furnish all supervision, labor, supplies, tools, equipment, facilities, storage, and materials (except as Owner or General Contractor specifically agrees herein to furnish t and all other things and services necessary or desirable to perform the Sublet Work. 3. General Contractor agrees to pay Subcontractor for the performance of the Sublet Work the amount specified m Para graph 2 of Section I and to make payments, both partial and final, to Subcontractor within ten ilOj days after such payments for the Sublet Work are received by Contractor from Owner under the provisions of the Genera! Contract, except that General Con tractor shall retain ten percent (lO'.yi of the amount of each estimate on the Sublet Work until final completion of Subcontractor's work ana the balance shall be paid within thirty f30) days after final completion and acceptance of Subcontractor's work by Owner upon a proper invoice submitted by Subcontractor accompanied by an affidavit that a!, bills for labor, materials, taxes, services and other costs of the Sublet Work have been paid and indemnifying General Contractoi therefrom and a release by Subcontractoi of any further claims against Genera! Contractor Payment of any installment may be withheld until Subcontractor furmsnes satisfactory proof of payment of ail bills for labor, materials, taxes, services and other expenses in connection with tne Suolet Work ar.a all ciaims for changes or extra work have been settled Until fina; completion and delivery of the Sub'et Woik. aii funds paid to Subcontractor shall be held in Trust for application solely to payment of laborers, materialmen, fabricators, sub contractors and others furnishing elements of the Sublet Work. Subject to performance by General Contractor of its obligations hereunder, title to all materials, components, fabricated items, ana work in process intended for the Sublet Work, and the beneficial interest in ail purchase orders or subcontracts therefor shall vest m General Contractor immediately upon delivery to tne job site or identification to this Subcontract, or commencement of fabrication m Subcontractor's or a supplier's shop, or award of a purchase order or subcontract; provided, that this provision shall not relieve Subcontractor of the absolute duty to complete and deliver the Sublet Work in good condition, or any other obligation hereunder 4 Subcontractor agrees to commence the Sublet Work immediately when instructed anil to prosecute same in coordination with the_work of others and with sufficient equipment, supervision and manpower to insure completion of each part of tne Subiet Work within the time of completion herein provided so as not to cause damage or delay in the work of others. Subcontractor snail perform the Sublet Work at the times and in the sequence directed by General Contractor, or Owner, from time to time, and, m the absence of such instructions from General Contractor or Owner, at the times and in the sequence reasonably necessary to avoid delay in the performance of the work required by the General Contract at whatever rate of progress General Contractor -jjiay make in performing the work. In the event Subcontractor be delayed by the Owner, Genera! Contractor, or another contractor rforming woik on the project, or by the ordering of extra work. Genera! Contractor shall owe Subcontractor jnly an extension i time ana then only if written request therefor is made oy Subcontractor witnin forty-eight *4si hours from the beginning :: me deiay 5 If any part of Subcontractor's worn depends, for proper execution or results, upon the work of any other cortractor. Suocontractor shall inspect the work of the other contractor and promptly report to General Contractor any defects in sucn won: vr tne ber'ormance thereof that adverse.v affects the proDer execution and tne obtaining of tne desired results of tne Sub.et 'Aork Suocontractor's failure to inspect ana report any such defects snail constitute an accectanee of the other contractor's worn as fit anc properly performed Subcontractor snail endeavor to settle ny agreement or arbitration a.! ciaims asserted oy an;, otter subcontractor materialman, or otner person arising from Suhf'or,tra',,.or's own acts or omissions :r ir any manner reia'T.g to tre peiformance of tne Sublet Work, ana lr. tne event Genera! Cor.tra'.*.< . or Owner sra oe sue: :r ar.v such c.a.m. Subcontract:', sna.i defend suer suit, ana pay or satisfy any judgment rendered merem aeamst Genera. Contractor or Owner and pa;, all costs. .r.c.U'img attorneys' fees, 'ncurrec oy Generai Ccntiactor oi Owne: v iuocon:: actci sr.a... at its own expense, procure ail required oeinv.m a no 'icenses anc pay ail fees anc marges anc give a ! notice-, riecessaiy am Tatar: to tne :ue anc lawful prosecution of tne S-biet 'Acrk Subcontractor shall comply w.t.o tr.e revuirements o: any deeds and : 'grts-of-way easement restrictions arc ary permit veounemer.t 3no anv instructions or -egu.atior.s an;, ota. state 01 :eoera; gover nmer.ta. agency or autnciity. ar.c witn t-e recuirements of any cr.e oavinc tne rignt to centre n:u ary noit.or. of tr.e SdOiet Worn :s to oe oerf :i m.ea. provide:, howevei. tr.at tne Sublet Wcik snail be nerformed to tne *at:sr a c t: t - the Geneia Contractoi and Ownei t.or account a-': Gene:a. '.crtractoi sr.al' nave one light to er.ie: upon tre site :f me SuO.e- Hoik tre purposes . f .r.spe-- , anc nerrcrming sue'- co. atera. work as Owner Genera. Contract:' may uesme Subcontractor agrees to f-rnisr. ' - Ceoeiu. Contractor for ary materials furnished oy Owne: 0: Genera. Contractor wmcr. a:e oeing nar.olec i-u.cr.t: actoi sha. protect me Suo.et Worn and near ar.d oe liable for a . os- m carnage of an;, km:, me. -ud.i.e EXX 001521 Page 5 of 7 damage ov the elements o' utneiwise tc tne Sublet Wo;k 01 lo mater.ais o: otnei items f-j rr;: sret: oy Owner or Genera! Conti ac:oi to SuDcontractoi whicr. may happen a*, any time prior to tne t:.T.e that Owner accepts the Sublet Work. Subconti actoi sha ! waiiart me Si.Die: Woi k as providec :n me Ceneia. Contract, arc :f no vaiianty is tneie p:ovmed, Suocontractor sr.a.l watra.nt the Sub.et Wou to oe fiee from defects ;n matetiai ana workmar.sr.tp arm agiees to make gooc at Subcontractor's own expense any such defects discovered witnm one '!< year from me time of acceptance oy Owner c: a.! the work coveied by the Geneiai Conti act 5. Subcontiactot agrees td' indemnify ano to save General Contractoi and Ownes narrmess from anti against a!' claims, suits (.rciuainp counse: fees ana othei expenses of suit*, whether grour.u.ess oi not, judgments ana awaids on account of any damage to property or injury (including aeath) to person (including any damage oi injury to the property or person of any em ployee of Subcontractor. Geneiai Contractor, or Owner) which may oe caused ot alleged to nave been caused in whole or in part by, or which may occur or be ai.eged to have occurred in connection witn. me perfoimance of tne Sublet Woik; provided that Sub contractor does not heieby assume responsibility for the sole negligence of General Contractor but does assume responsibility where there is concurring negligence of General Contractor and Subcontractor . 9 Subcontractor notwithstanding the ptovisions of Paragraph 8. assumes all risk* of loss or damage to Subcontractor's tools, equipment or property from any cause including the negligence of Owner General Contractor, or any other Subcontractor peifoiming work in connection with the work described m the Geneiai Contiact. fn the event Genera! Contractor oi Owner loans or furnishes tools or equipment to Subcontractor or permits Subcontractoi aDoaid then vessels in connection with the Sublet Work, Subcontractoi agrees (ar to make its own determination before commencing work that such vessels are seaworthy and such tools and equipment are adequate for the safe performance of the work by Subcontractor; (b) that such tools, equipment or vessels are 'Maned or furnished and accepted by Subcontractor without wananty or repiesentation by General Contractor or Owner as to their mditton; ic> to return such vessels, tools and equipment to General Contractor or Owner at the conclusion of such use in same condition as when received, ordinary wear and teai excepted; and (d) to indemnify and hold General Contractor and Owner harm less from all claims, demands, causes of action, damages and injuries resuiting from Subcontractor's use of said vessels, tools and equipment, including any claims, demands, causes of action, damages or injuries resulting from or alleged to result from negligence of Genera] Contractor or Owner, or from the inadequacy or unseaworthiness of said vessels, tools and equipment for the perform ance of the Sublet Work. 10. In the event after seven 17i days written notice from General Contractor to Subcontractor, pointing out generally any deficiencies either in respect to the nature of the Sublet Work or m respect to the promptness with which the Sublet Work is being performed, Subcontractor has not corrected such deficiencies to the satisfaction of the individual in charge of this job for General Contractor in the field. General Contractor shall have the right to supplement the work of Subcon tractor or to take ovet completely the performance of the remainder of the Sublet Work either with his own forces or by contract with others. Subcontractor grants Genera! Contractor the option to use all or any part of Subcontractor's tools, equip ment. machinery, materials, and supplies then :n use in performing the Sublet Work, and in the event Geneiai Coniractoi elects to use all or any part thereof, no rental shall be paid or given therefor and no credit accrues therefiom except insofar as the lack of any rental charge thus reduces the cost of completing the Sublet Work. Subcontractor also expressly waives any claim which he could assert in connection therewith for use of such equipment m whole or in part on other projects and any profits anticipatedthereon during the period such equipment oi any portion thereof are so utilized by Geneiai Contrac tor in accordance with this provision or any provisions of the General Contract. In the event the cost of supplementing or completing the Sublet Work is more than the amount of money Subcontractor is entitled to on the price basis pro vided herein. Subcontractor agrees to pay to General Contractor upon demand the amount of such excess cost, and in tne event such cost of supplementing or completing the Sublet Woik is less than the amount of money Subcontractoi is entitled to on the price basis specified herein, General Contractor agrees to pay Subcontractor upon demand the amount of such difference between price and cost; provided that if General Coniractoi shall supplement or complete the work with his own forces, "General Contiactor may charge Subcontractor with an additional ten (10`. j peicent of the cost theieof. This right may be exercised from time to time as deemed proper and may be exercised even prior to the time specified for completion of the Sublet Work, and such exercise shall not be treated as a repudiation of this Subcontract or interference with the Subcontractor in the performance of the Sublet Work, and the exercise of such rights shall not i>e regarded as relieving Subcontractor of his duties in respect to the peiformance of the Sublet Work; noi shall the exercise or non-e\eici<e of such right prejudice any other remedy the Geneiai Contractoi or Owner may have, including, without limitation, ihose specified the General Contract Subcontractor agrees that the decision of the joo superintendent in exeicismg the lights provided r herein shall oe final and conclusive but if Subcontractoi oojects and disputes the judgment of the Job Superintendent he may appeal therefrom, within aid 7 day period, to an executive office: of Genera' Contiactoi designated by the President of Genera! Contractor and the written decision of that designated officer aftei neaiing Subconti actor nal! be final absent actual fiaud Sub contractor agrees to cooperate fully with General Coniractoi and not tc complain therenfte: of the manner oi cost of supple menting oi completing the Suu.et Work 1! The employees, :epiesentatives and agent-- of Qwnei and Genera-: Contractoi sh.i.! not have the power to naive an-, ooiiganons of the agi cement uetween tne unities foi the Dei foi m.once >y the Subcontractoi of the Sublet Worx in a careful and workmanlike manner as provided herein. No waive: by the Owner or Geneiai Contractoi of any uieach by the Subconi i actor o: this Subcontract, oi of any teim oi condition thereof iwnether such waiver ue expressed or mpliedi, shall be deemed to consti tute a waive: of ot consent to any suasenuent Dieach of tne same i: ot (ir.\ atner term oi condition of tm? conti.ic: in the oeifbimanee m the S..me: Woi* tne Suucont: note: i.- an independent contiactoi with the 'ught to supeivise. manage and contioi tne ueiformance if the details tneieof. Ger.eia! Contiactoi and Owner being mteie'ted on!;- m tr.e lesu'ts of the same and being entitled to inspect the performance of the Souiet Woik 1->y Subcontractor oni\ to tne extent necessr.: \ to assure such lesuits ..1 Su:.<.mtti uctui shall net -u .cor t1 act trm Suu.et Am.. tn air. po:::or. tneienf, no: u-'ign any oott.on of tne monies due oi tr tec.w'.c due ur.de1 the Sjdcoih act. witr.oi.t the wi'tten C`<n-er: of Gene'a. r mt; net:: nrd ar.v atteiv.nt Jt suer. S-./cun: i net oi assignment .vitro.-; -uc- consent snail -e void N't saucer: i act sra!1 relieve Subconti actoi t: : espor.su. i.i:\ neiet.nde; I ! -a niter. notice- between tn autho: nie?, a-'d anv men notice sna., snail addressed to the adoiess snowr fective .ge one ma., piopo::v stamrwe. addie^sed aro deiiv.ued r.t :f the oat auuny wmer tne nct.ce so mahe cott ..ot j'-.e-.s. wi'tten notice h.ac :een ever, of e posts. . notices address -- Contie'-; Page EXX 00I522 Page 6 of 7 15 Subcontidccoi h;ili comply with ui! aponcaole laws, oidmances, rules and regulat.ons of any government. ager.cv r.avinj' .m isdiction. and with .ill terms and conditions of .ippncauie peimits certif'cates. .eases, lestnctions. easements dedications, and Suucontiacioi '.hai: indemnify and noid harmless Geneia. Contiactoi ar.o Owner from any fine, oena.ty oss damage oi expense lesulfng fiom Suncontt actoi s failuie to corn;,.;.- tre-euith. S uocont, act >: shall certify mat a.' w;i.erfoimed in compliance with tne piovisions of the Fair Land Standaids Act I') Subcon'motor snail carry and maintain throughout the life of this Subcontract, at its own expense, insurance as specified in the General Contiact hut no: iess than the amounts ar.d coverage heicin specified, and shall furntsn certificates of such nsuiance m duplicate to Geneial Contiactoi before commencing work Certificates snail jear statement of insurers to tne eifect mat insurance shall not ae cancelled, leduced, noi allowed to expire, except upon Ten ilOi days written notice deliveied to Geneial Contractoi by registered mail. In tne event Subcontractor sublets any part of the Suolet Work, it shall i>e the duty of the Suhcontraetoi to renuue that evciy such Subcontractor comply with the insurance and other reauiremems of this Suhconti act. Insurance snail ue placed with companies acceptaoie to General Contractor and Owner Subrogation against Geneial Contractor, Ou-nei and other contractors performing work in connection with the work described in the General Contiact is hereby waived by Subcontiactm and the policies shall be endorsed accordingly The minimum insurance shall be the following amounts and coverage: a. Workmen s Compensation (If marine operations aie involved, endorsements shall provide maritime coverage including Voluntary-Marine Endorsement. Outer Continental Shelf and U. S, Longshoreman's & Harborwovkers Acti Statutory b. Compiehensive Public Liability (endorsed to include contractual and completed operations coverage hereunder) Bodily Injury Pioperty Damage $100,000 per person $300,000 per accident $100,000 per accident Automotive (Owned or Non-Owned'i 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 Full Value Full Value but not less than $200,000 e. Other- 17, Theie shall ue no change m the unit prices, if any, described in paragraph 2 of Section I of this Subcontract due to any -nances between estimated and actual quantities of the Suoiet Work, and there shall be due and owing from General Contractor y such sums as result from the application of the unit prices, if any, described in that paragraph to the quantities of the Sup,et Work performed foi which Geneial Contractor received payment from the Owner 18 Subcontractor shall keep the premises under his control neat and orderly at all times and shall remove a)! tiash and debris daily and at the end of the contiact !r Subconti actot agiees to furnish u performance pond within ten days should Geneia. Contractor so request -r. writing, whetnei >efoie commencing the Sublet Work or at any time befoie completing the Suolet Work Such pond sha.i oe in form and with corporate suieties satisfactory to General Contractor, and in such amount as may pe specified by Genera! Contractor as adequate to cover pei foi mance of the Sublet Woik and any damages trvat may result fiom the bieacn of this subconti act. If immediate delivery is lequited by the Soecial Provisions. Subcontractor sr.ai! pay the piemium: If immediate delivery is wawee :.y the S Dec i ii i P: ..visions, Geneia'. Contiactoi shall pay the normal premium if the nond is leciuned by General Contractoi at a liter date Suucort'.<ictoi aha:,1 conform to tne highest standaios of safety oiactices t ueifoimar.ee of the Sublet Work. and. soeciicai'y shall conform to a.! safety piactices and i oqun emer.ts of Ownei or Gere'al Contracts General Contractor s current safetv legu'aticrs aie attached heieto. ci may be inspected at Genera: Contractors office. The entiie agieement between tne part.es wth lespec: to tne woi* :equned :.y the Geneia. C'ntiact = expressed m mis a i'tten Suncor.t.-act, and -t is. agieed that this Subcontract r.as r.ci ueen uased jpon any ota: iepiesertatior.i. piom.ses ti state ments oi nr.y one representing any part;, heieto. and that this agieement is theiefote based entnely joon tre written documents :onstitut:ng this Suucnntract between tne parties., ar.c sjpeisedes a.J oioposa.s and negotiations not express.;.- set forth nerem It is fuithe- agieea that this agieement shall not ue chaneed. modified, abrogated oi superseded by ar.y subsequent agreement -ness t ue wi tmg and signed ny botr. paities Ir the event o Puichase Orde*. Wqik Oroe: oi other similar oucurnert ,s .i..:ceo -n con,..ret on x'ltn tn:s S j ocor.tr a ct it :s urderstooc tna: a', printed proxis. rs :f suer otltei document nave no appiicat'tr, and '.rat tne ni-.'vc-o c'ovis.on; c this Siucontiact foiit. air con'.:__ r.g. tut tr.e t;. pew''ttc'' ti hanew: liter piovisions ot suer. -- CorGir.'.ied -tr. Page 7 -- EXX 001523 Form Bft'.-Sl '.0-6" Page 7 of T other document shall constitute a part hereof and snail oe construed with a.'! of the printed, typewritten and handwritten pro visions hereof. Any requirement shown on the drawings, but omitted from the specifications, or any requirement shewn in the specifications but omitted from the drawings shall be considered as oeing required under this agreement as if set form .n ootr. 22 All work which is manifestly necessary to carry out the intent of the drawings and specifications pertaining to tne Suc.et Work or which is customarily done in performing this type of work for the Owner or General Contractor shall be performed ov the Subcontractor as a part of the Sublet Work. 23. Genera) Contractor may at any time ay a "Change Order" ;n writing signed oy Genera) Contractor's autnorized representative and without notice to the sureties on any bond, change or issue additional instructions, change or issue addi tional specifications and plans, and change, omit or require extra or additional work to be performed by Subcontractor In such event, General Contractor will have full authority to specify the amount and kind of work to be done, or omitted, the materials to be used, and the equipment to be furnished as fully as though such changes had been set ferth m this subcon tract. When any change order shall authorise extra or additional work, Subcontractor shall make every effort to complete the sublet work as changed within the time originally agreed upon for completion, the time for completion not being extended unless expressly extended by General Contractor in writing, The General Contractor is authorized to make changes in the work which do not substantially increase the cost of the sublet work without the Subcontractor being entitled to any additional com pensation therefor, if such change orders substantially increase or decrease the cost of the sublet work to Subcontractor, there shall be an increase or decrease m the consideration to subcontractor (1) in accordance with the unit prices specified ;n this subcontract agreement or, if General Contractor agrees that the unit prices are not applicable, either (2) pursuant to a lump sum proposal acceptable to General Contractor or (3) by the actual direct cost to Subcontractor of such change in the blet work plus ten percent thereof, which costs directly related thereto will be supported by approved payrolls and paid voices on additions to the sublet work and by agreed estimates of labor and materials deleted for decreases in the suolet work. Subcontractor further agrees that no extra work, or changes in the Sublet Work, or in the Subcontract will be recognized or paid for unless agreed to m writing and approved by General Contractor and Owner before such work is done or such changes are made. 24. Subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, or sex. Subcontractor agrees that it will comply with all applicable Federal, State and local Fair Employment Practices Act, or similar Act, Rules and Regulations, and whether or not applicable will comply with the Federal Civil Rights Act of 1964. The terms and provisions of Executive Order 11246 and any Executive Order superseding same, are incorporated herein with respect to any Sublet Work subject thereto. 25. Regardless of any provision hereof or of any approval hereof the Owner is not a party to this Subcontract and the Sub contractor agrees that the Owner is under no obligation to Subcontractor 26. The Pages of this Subcontract consist of Pages i, 2, U, 5, 6, 7 and the Safety Regulations. APPROVED' By Titie Date BROWN & ROOT. INC. EXX 001324 Brown & Root.inc. CcmApuoct&w 'MT oprict OX . HOUSTON. TSJtAS 77001 CPLI A00*1 SROWNSILT January 6, 1949 Sobert D. Straus Company F. 0. Boa 2544 Houston, Taxes 77001 Attention: Mr. Carl Bat y Be: Our 9ubeontract Member 27-5158-4 Gentlemen: Attached you will find yoor copy of Subcontract lumber 27-5158-4 dated Becanber 24, 1948. This Subcontract has beaa duly executed by a member of our organisation aod la for your permanent file. We acknowledge receipt of your firm's Faymant and FerFormaaca land. If you bare not ae yet cootacted our Jab Superintendent per Item 5 (a) Page 2 of tkla Subcontract, we would like to again request skat you do eo. Vary truly yours Imeee L. Uerthington Aurcheslag 4geat By: Thornes C. Todd attachment ce: Mosers: t. C. Flack 0. M. Bakken Mai lynch Brew Farmer (1 w/orig. attach) (2 u/attach) (lass attach) (less attach) EXX 01525 Form BRl-6 i A ftlOWM-tUT BROWN & ROOT, INC. SUB-CONTRACT Job ^mber_ Subcontract N'o._ Page 1 of P. 0. Xo._ THIS AGREEMENT, made this_____ __________ day ofDECEMBERiq S3 by and between BROWN & ROOT, INC., a Texas Corporation, 4100 Clinton Drive, Houston. Texas. (P. 0. Box 3i hereinafter called the "General Contractor", and ROBERT 3, STRA'JS CCHFA.IY, ? C. zCX --. -g.n 'Ta'D. TELEPHONE: 22^-qi6^ 'Name. Strt Addre*i na Tenpr.on* Njmlxr' a------ ----------- TEXAS CORPORATION___with principal offices at 'Give Sute of incorporation and whether a corporation, partneredtp. or proprietorship i ,,HOUSTONState ofTEXAS 77001 hereinafter called the "Subcontractor". WITNESSETH WHEREAS. General Contractor has entered into a contract dated__;__________________________________ with HUM3l OIL & REFINIKL COMPANYhereinafter tKainc of Owner i called the "Owner", for the construction of LIGHT ENDS CONTROL CENTER BUILDING 307 'Nature of construction under General Contract)* l. atRAYTOWNj TEXAS (City i (State i in strict accordance with the General Contract, specifications, schedules, drawings, and general conditions, which are all collectively hereinafter called the "General Contract", and WHEREAS, Subcontractor desires to perform that portion of the work as required by the General Contract, which is described below as "The Sublet Work"; NOW THEREFORE, it is agreed by and between General Contractor and Subcontractor as follows: I. SPECIAL CONDITIONS l. The Sublet Work consists of: DETAIL, FURNISH, FABRICATE, DELIVER, UNLOAD, INSTALL TEST AND BALANCE THE HEATING, VENTILATION AND AIR CONDITIONING WORK El ACCORDANCE 'WITH SPECIFICATIONS FOR LIGHT ENDS CONTROL CENTER EUILDING 307, DATED NOVEMBER 5, 1968, APPROPRIATION u2-?15'7, REFERENCED ENGINEERING DRAWINGS, EXHIBIT "A" GENERAL SPECIFICATIONS, DATED FEBRUARY 1, lyco, EXHIBIT "B", DATED NOVEMBER 25, 1968, OWNER'S SAFETY, PLANT PROTECTION AND.TRAFFIC SPECIFICATIONS, REVISED JUNE I, 1966, AND THE "SPECIAL AND GENERAL CONDITIONS" HEREIN, ALL OF 'WHICH HEREBY 3ECCME A PART CF THIS SUBCONTRACT. ALL LOW VOLTAGE CONTROL WIRING INCLUDED IN THIS SCOPE CF WORK. LINE VOLTAGE WTr.IG ADD CONDUIT BY GENERAL CONTRACTOR. 2. The price for the Sublet Work shall be A FIRM LUMP SUM TCTAL CF EIGh^2usN THCU3AN_.' -u^'/E.iTY r.-,NC/lOC DOLLARS ($18,070.00), 'WHICH EXCLUDES THE REIMBURSABLE FEE CHARGE FOR THE RE3.UTRED 3l8,070.OC, PAYMENT AID PERFORMANCE 3CND3. (INVOICE FEE CHARGE SEPARATELY.) Continued on Page 2 -- EXX 001526 Page 2 of 7 3 The time of completion of the Sublet Work shall be as provided in paragraph 4 of the Genera! Conditions b^t not ,a:er rh.n THE SCHEDULES AND/C5 SATES SET 3Y THE GENESAL CG-NTRACTCR S JOB SUPERINTENDENT. (SEE PARAGRAPH 5 (a) 3SLCW. ) 4. The performance bond provided for in the General Conditions must be delivered before any payment becomes oue to Sub contractor hereunder, unless delivery at this time is waived. Immediate Delivery of Bond is: Waived; Required___________________ X 5. Other special provisions of this subcontract are: (a) APPROVAL SUBMITTALS, DRAWEES, BROCHURES ANT DESCRIPTIVE DATA IN SEC (6) COPIES, TO BE SENT BY JAHJARY 31, 1969, TO: MR. MEL LYNCH BROWN Sc ROOT, INC., P. 0. BOX 3 HOUSTON, TEXAS 77001 EQUIPMENT AND MATERIAL TO BE AVAILABLE FOR DELIVERY WITHIN FIVE (5) TO SIX (6) 'WEEKS AFTER SUBCONTRACTOR'S RECEIPT OF APPROVAL DATA, WITH ACTUAL DELIVERY AND JOBSITE INSTALLATION TO BE COORDINATED WITH GENERAL CONTRACTOR'S JOB SUPERINTENDENT. 5 (b) BEFORE COMMENCING WORK AND BEFORE THIS SUBCONTRACT BECOMES EFFECTIVE, THE SUBCONTRACTOR SHALL FURNISH THE GENERAL CONTRACTOR WITH HIS REQUIRED $13,070.00 PAYMENT AND PERFORMANCE BONDS. 5 (c) SUBCONTRACTOR MUST FURNISH OWN WAREHOUSING AND MISCELLANEOUS WORKMEN'S SUPPLES. 5 (a) ALL INQUIRES THAT THE SUBCONTRACTOR MIGHT HAVE CONCERNING THIS SUBCONTRACT MUST BE MACE THROUGH THE GENERAL CONTRACTOR'S JOB SUPERINTENDENT AND NOT DIRECTLY TO THE OWNER. -- Continued on Page ~ -- 'Page 3 it a rvumoered put otherwise blare page for use as a continuation sheet for paragraph 5, if needed. Insert "3" :: it .s usee, otherwise insert '4" which ;s the start of Genera. Conditions < EXX 001527 Page 4 7 II. GENERAL CONDITIONS A cony of tne Genera! Contract nas beer, made available arj sr.a'. be a: a.' times j-. ai'.aoie tor inspection ant -efeien-'e by Subcontractor at General Contractor's office. Upon Subcontractor s written request copies of pertinent portions neeoed daily reference will be supplied Subcontractor represents tnat ne r.as read ana is rami'ia: witr the provisions of tne Genera. Contract and mat he will comp.y witn ail of its provisions applicable to the Subcontract. S^occr.tractor further represents tr.at r,e famiiiar with the physica. conditions ana avaiiabiiity of labor and materia's in the area of tne Sublet Work ana a;: ttrer items affecting the performance of the Sublet Work. General Contractor anc Subcontractor agree oe bound by tne terms of tne Gerera. Contract which is hereby made a par: of this Subcontract with respect to the Suoiet Worn and aiso o\ the provisions of tr:s Subcontract. As to the Sublet Work, the Subcontractor agrees to oe bound to the General Contractor rty the terms of tr.e Genera. Contract and to assume toward him all of the oohgaticns and responsibilities that tne Genera; Contract:: the Genera: Contract assumes toward tne Owner, except as expressly provided herein, ana Genera, Contractor snail be bound to tne Subcontractor by all of the obligations that the Owner assumes to tne General Contractor under the General Contract ana by all the provisions thereof affording remedies and redress to the Genera. Contractor from the Owner, except as otherwise express.y provided herein Subcontractor shall have an opportunity to be present and to submit evidence :n any arbitration or other proceed ing involving his rights, provided such is agreeable to the Owner. Subcontractor shah mane any claim for extras, request for ex tensions of time and claim for damages or otherwise which are authorized by this Subcontract and give any notices provided for in the General Contract or in this Subcontract to the General Contractor in the manner provided in the Genera! Contract for line claims, requests and notices by the General Contractor upon the Owner, except that Subcontractor agrees that any such claims, requests and notices shall be made well enough in advance to allow General Contractor to comply with the requirements of the Genera) Contract and Subcontractor agrees to be bound by the Owner's decision thereon 2. Subcontractor agrees to perform the Sublet Work in a careful and workmanlike manner in accordance with the best con struction practices and this Subcontract, and to furnish all supervision, labor, supplies, tools, equipment, facilities, storage, ana materials (except as Owner or General Contractor specifically agrees herein to furnish i ana ah other things and services necessary or desirable to perform the Sublet Work. 3. General Contractor agrees to pay Subcontractor for the performance of the Sublet Work the amount specified in Para graph 2 of Section f and to make payments, both partial and final, to Subcontractor within ten ilO) days after such payments for the Sublet Work are received by Contractor from Owner under the provisions of the Genera) Contract, except that General Con tractor shall retain ten percent HCKi, I of the amount of each estimate on the Sublet Work until final completion of Subcontractor's work and the balance shall be paid within thirty (30) days after final completion and acceptance of Subcontractor's work oy Owner upon a proper invoice submittec by Subcontractor accompanied by an affidavit tr.at all bills for laoor, materials, taxes, services and other costs of the Sublet Work have been paid and indemnifying Genera'. Contractor therefrom and a release by Sub contractor of any further claims against General Contractor Payment of any installment may be withheld until Subcontractor furnishes satisfactory proof of payment of all bills for labor, materials, taxes, services and other expenses in connection with the Suoiet Work ana all claims for changes or extra work have been setilea Until final completion ano delivery of the Sublet Work, all funds paid to Subcontractor shall be held m Trust for application soleiy to payment of laoorers. materialmen, fabricators, sub contractors and others furnishing elements of the Sublet Work. Subject to performance by General Contractor of its obligations hereunder, title to all materials, components, fabricated items, ana work in process intended foi the Sublet Work, and the benefic:*'. interest in all purchase orders or subcontracts therefor shall vest in General Contractor immediately upon delivery to tne job site, or identification to this Subcontract, or commencement of fabrication in Subcontractor's or a supplier's shop, or award of a purchase order or subcontract: provided, that this provision shall not relieve Subcontractor of the absolute duty to complete and delive; the Sub.et Work in good condition, or anv other ooiigation hereunaer. 1 Subcontracts agrees to commence the Sublet Work immediately when instructed ana to prosecute same in coordination with the work of others and with sufficient equipment, supervision and manpower to insure completion of each part of the Sublet Work within the time of completion herein provided so as not to cause damage or delay in tne work of others, Suocontractor sna..! perform the Sublet Work at the times and in the sequence directed by General Contractor, or Owner, from time to time, and, ip the absence of such instructions from Genera! Contractor or Owner, at the times and in the sequence reasonably necessary 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 In the event Subcontractor be delayed by the Owner, General Contractor, or another contractor erforming work on the project, or by the ordering of extra work, General Contractor shall owe Suocontractor only an extension f time anc then only if written request therefor is made by Subcontractor within forty-eigr.t >43i hours from tne beginning :f tne delay 5 If any part of Subcontractor's work depencs. fa- proper execution or results, Jt>or the work of anv other contractor Subconti actor snail inspect the work of tne other contractor and promptly report to Genera1 Contractor any defects m such work 'i the performance thereof that acveise.y affects the proper execution anc the obtaining of the aesirea results of tne Stic'-: Work Subcontractor's failjre to inspect ar.d report any suer, defect? snail constitute an acceptance of the otner contractor'; w;r.-. as fit and properly performed Subcontractor sna.l enaeavor to settle oy agreement or arbitration a.i claims asserted oy ary ttrer subcontractor, materialman, or other person arising from Sutocontiactor's own acts or omissions, or ir. any rr.arr.er re.atmg to performance of tne Sublet Work, ana in the event Geneva! Contracts or Owner sr.a,! oe s^eu or any suer, i.aim. S ..Dctr.t rar.t sha.i oefend suen suit, ar.d pay cr satisfy any judgment rendered tnerein against Genera. Contractoi or Owner and pav a!: .'osta. including attorneys' fees, incur iec ov General Contractor ct Owne: Subront-ac to; sr.a.'. at <>w - expense, procure a!, recurred perms and licenses art pay a.l fees ana marge; an: g - a . notices necessaiy ana instant to tne Jue and `awful prosecution of tne Suoiet i\ .i-k, .Subcontractor sra ! tom;: y w-r tr,.; qunements of anv needs and rigrts-or-way easement restrictions ar.d ai.y oerrr.it requirement anu an;, instructions or legulat.ors or an;, .oca, state or feaera. governmental agency or autr.oi :ty. r.u witr. tne "equiremerts :f ar.y one ravr.a tre gr.t u coi tr. ^'ow ar.v oortior of the Suc.et W>:-k .s to be oerftiinec. piovidec. nowever. tnat tre Suoiet Wo* sr.a.; be nerrormcJ to tne sat:;- .ctior of the Oer.e'a' Contractoi and Owner Owne' ana oenera. Lor.tractci shall have tr.e ngnt to enter JDor. tne site j' :re Suc.et Work : .-i tre pui poses .nspei- -or. accounting, ana neifo'm.rg s_cr cci'ateiai * c -as Owner o: Geneia. Contra'.'oi may desme. Subcontract:: agrees to furnis- a . fat:.it.es aeemed necessary tne Geneva. Contract-:: a1--: Owr-c 'tr tne u-oner -r-e.for :f tr.e S.met O < jm to a;;:-.-- :: tre- '.''`"e: arc Genera, Contra.-:-,- ft- any rta'-'-a j sne: v C-w-e: o: Ger.era. L-or': a a-.co ai- ce.rg r.ana.-'i ry EXX 001528 Page o damage ov the elements or otnerwise to the Suolet Woi* 01 to matemais 01 otnei items fj'msnea Dy Ownei 01 Geneiai Contiactci to SuDcontracto: which mav naopen at any t:me oi.or to tne t.me tnat Owne: accents tr.e Suolet 'A'3 if, $u ocor.t: a ; 0; s.ra A'anar: tne St:oiet \\ 01 k as provided m tr.e Genera. Contract, arc f ~ >. aiianty :s tneie r: ov .cec. S-Dcor.trattor ~na I *3::a" the Suo.et Wo:k to be fiee front defects :n materia, ana woikmar.snp ar.a ayiees to nta^e gooc at Suocontractoi s own expense any sucn defects aiscoveted witnn one >1' year from tne time of acceptance by Owner of a. tne work covered by tne Genera Coni'art S. Subcontiactoi agrees to ndemrify anc to save General Gertie.tc a.nc Owner rarm.ess f 10 no ana against all ea.ms jj.ts nrluo r.g coanse: fees arc otnerexpenses of su;:<, wr.etre gio^na.ess O' not. judgments ana awaids on account of any damage to pioperty 01 injury [includingdeatm to person (including an;, carnage or injury to the property 01 person of any em ployee of Suocontiactor. General Contractor, or Owner - which may oe cajse*: 01 alleged to nave oeer. caused :n whole in par oy, 01 wmch may occur or De alleged to have occurred in connection with, tne peifoiniance of tne Sublet Woik, provided tr.at Sjd- contractor does not hereby assume responsibility for the soie negligence of Geneiai Contractor but does assume lespor.sibdity where tnere is concurring negligence of Genera! Contractor and Subcontractor t 9 Subcontiactor, notwithstanding the piovisions of Paiagraon d. assumes all risks of oss or damage to Subcontiactoi = toois. equipment or piopeity from any cause including the negligence of Gnei, General Contractoi, 01 any other Suocontractoi performing work in connection with the work described in the General Contiact In the event General Contractor or Owner loans or furnishes tools or equipment to Subcontractor 01 petmits Suocontiaetoi aboaiu then vessels in connection uith the Sublet Work. Subcontiactoi agrees <ai to make its own deteimination before commencing work that such vessels are seaworthy and such tools and equipment are adequate for the safe performance of the work by Suocontractoi, (b) tnat such tools, equipment or vessels aie paned or furnished ana accepted by Subcontractor without warranty 01 1 epreseniation by Geneiai Contractor 01 Owner as to then jndition, fc) to return such vessels, tools and equipment to Genera! Contractor or Ownei at the conclusion of such use in same condition as when received, ordinary wear and teai excepted, and 'a' to indemnify and hold General Contiactor and Owner harm less from ai! claims, demands, causes of action, damages and injuries resulting from Subcontractor's use of said vessels, tools and equipment, including any claims, demands, causes of action, damages 01 injuries resulting from or alleged to result fioni negligence of General Contractor or Owner, or from the inadequacy or unseaworthiness of said vessels, tools and equipment for the perform ance of the Sublet Work. 10 In the event after seven (71 days written notice from General Contractor to Subcontiactoi, pointing out generally any deficiencies either m respect to the nature of the Sublet Work or m respect to the promptness with which the Sublet Work is being performed, Subcontractor has not corrected such deficiencies to the satisfaction of the individual in charge of this job for General Contractor in the field, General Contractoi shall have the right to supplement the work of Suucontractor or to take over completely the performance of the remaindei of the Sublet Wotk eithei with his own forces 01 oy contract with others Subcontractor grants Genera! Contractor the option to use all or any part of Subcontractor's tools, equip ment. machinery, materials, and supplies then :n use in perfoinnng the Sublet Work, and in the event General Continctri e.ects to use a!': or any part thereof, no rental shall oe paid 01 given theiefor and no credit acciues theiefiom except insofar as the lack of any rental charge thus reduces the cost of completing the Sublet Work Subcontractor also expressly waives any claim which he could assert in connection therewith for use of such equipment m whole or in part or. other- projects ana any profits anticipated thereon during the period such equipment ot any portion theieof are so utilized by Geneia Contrac tor in accordance with this provision or any provisions of the Genera! Contract. In the event the cost of supplementing or completing the Sublet Work is more than the amount of money Subcontractor is entitled to on the price basis cio\ided herein. Subcontractor agrees to pay to Genera! Contractoi upon demand the amount of such excess cost, and in tre event such cost of supplementing or completing the Sublet Woik is less than the amount of money Subcontiactoi rs er.titlec to on the price basis specified herein. General Contractoi agrees to pay Subcontractor upon demand the amour- of s-:r. d'fference oetween price and cost; provided that if Geneia! Contractoi shall supplement ci complete the woi* "-:tn ni- own foices, General Contiactor may charge Subcontracts with an additional ten (lO'.i percent of the cost theieof. This tigr.t may be--exercised from time to time as deemed propel and may ue exeicised even prior to the time specified fot completion of the Sublet Work, and such exercise shall not lie treated as a lepudiation of this Subcontract or interfeience with tne Subcontractor in the performance of the Sublet Work, and the exercise of such rights shall not be regaided as relieving Subcontract of his duties in respect to the performance of the Sublet Work, nor shall the exercise 01 non-exei c;>e of ucr. right prejudice any other remedy the General Contiactor 01 Ownei may have, including, without limitation, those specified n the General Contract. Subcontractor agiees that the decision of the job supei intendent in exercisine the lights provided jr heie-n snail be final and conclusive but if Surcontractoi 00.eels and disputes the judgment of the Jon S.ipe:nienoen: r.e T.a;. appea! tnerefrom. within said 7 day peiiod. to an executive off'cei of General* Contmctoi designated t>\ the Pie'ident of Gereia. Contractor and the written decision of that designated officei afie: rearing Su'ucont: actci r.a.. ->e fma1 aosent actual Gaud -.* contractor agrees to cooperate fuliy with Geneia: Conti actot and not tc ccmpiain theieaftes of the mannei ot cni if -upr.enentirg 31 completing the Sumet Woik !; The employees.. : ept eser.tat :ve> ana agent.- j? C'wre: jna 'jene.H: "irti uctoi sni.. not have the om\e; 'w-i o'- .r-iieations of the agi cement ...e tween the paities foi tne pe; for-,'.ir.ee *. the Suocor.tractoi 3:' tne Suulet Wou .n .. caieiu. and woinmanlike mannei as provided heieir. No waivei ny the Owne* *: Geneia1 Conttactoi 1: any oieach :>y the Suhcrr.ti.icto: it t.nis SuPcontiact. 01 of any teim 01 condition theieof iwhethei sucn raive! ae e.vpiessed 01 mpiieci, shah .e oeen ec *r const.- tine a waivei of or consent to any sunsequent meach of tne same 31 c: an-, ctnei teim or condition of this contact ~ In tne pei foi mance the Su - et h'y, ,, tr.e SO cor.t: ;.c'; r ur. irdeoerder.t cort.-ic'o: -mth the to lUpe-.-sc manage and contioi the ueiformance of the cet.i; s tr.eieof. tre^e*..: 'ortmetn .ir.d Ow-ei .ie*r.g tnteiested on .0 tr.e of the same and being entitled to nsyect tr.e penfoi mance f :re Sumer Suocontract.v ony to tne e^ter' neer ..:v to ussuii- suer, lefults. w .11 c 1 * 111.1 c *. 1' -rail nv -,i.,cort'act th< Sijlet W " , * ' "?co; ,c due unoe* tre Sui'Ctrt.T.ct w-trout tre 1 t*e *-"-rt act ne i eun0 . ..s.,enrver.t witn:;*. -ucr. c^rment '.ra.. -e -oc "> e uddiesseri to the aodies- snow- -r. -'age one 0: tr':- S <c ***t t uit.ess wi-tt-.-n nr.-.-e "a? .eer g-vi-n ; u r<.* > aaciess -- Cunlirqec P:\ge n -- 0iS89 Page 6 of 7 15 Subconti actoi shall comply with iil applicable laws, oidirances. rules and regulations of any governmental ager.ct lavinc . i!: isd'c'son .me with ..b teims and conditions of jppi;ca...e on nuts. certificates, leases, restrict.cns>. easements jr dedications, and Suncorti actoi shall .ndemnify jnc hoid barnHe&s Geneial Contiactoi ana Owner from ary fir.e. penalty, ,oss. damage o: e\pen>e lesultmg frnm Simeon: actoi - failtne to comn.y tr.eiewitn. S-ocorr.i actoi shall cert'fy `rat ai' wor : eitf-'sea :n .'fim.f.unce `vitn tne ri * vsion of tre Fa:: Laaoi StardJios Act. Sut-.cor.ti actoi snail cai to ana maintain thioughout the :;fe of this Suocor.tract, 3t its own expense, insurance a- specifiea in the Geneia. Contract ,.ut not jes man the amounts ana coverage heiein soecified, and shall fuinish certificates of such insuiance in. duplicate 'o General Contractoi uefoie commencing work Certificates shall bear statement of ir.suiors to the effect that insuiance shall not ne canceled, ieduced, noi a.lowed to expire, except upon Ten fJOi days written notice delivered to General Contractoi by registered mail In the event Subcontractoi sublets any part of the Sublet Work, it shall iie the duty of the Subconti actm to lequire that every such Subcontractor comply with the insurance and other reauirements of this Subconti act. Insurance shall lie placed with companies acceptaole to General Contractor and Owner. Subrogation against Geneial Contractor. Owner and other contractors peifoi tiling woik in connection with the work described m the General Contract is hereby waived by Subcontractoi and the policies shall be endorsed accordingly. The minimum insurance shall be the following amounts and coverage: ' a Workmen's Compensation (If marine operations aie involved, endorsements shall provide maritime coverage including Voluntary-Marine Endorsement, Outer Continental Shelf and U. S. Longshoreman's & Harborwoikers Acti b. Comprehensive Public Liability (endorsed to include contractual and completed operations coverage hereunderi Bodily Injury Property Damage c. Automotive (Owned or Non-Owned) Bodily Injury Property Damage d. If Marine vessels are involved: Hull Protection and Indemnity Insurance Statutory $100,000 per person $300,000 per accident $100,000 per accident $100,000 per person $300,000 per accident $100,000 per accident Full Value Full Value but not less than $200,000 e. Othei IT. Theie shall be no change in the unit prices, if any, described in paragraph 2 of Section I of this Subcontract due to any .variances between estimated and actual quantities of the Sublet Work, and there shall be due and owing from General Contractor ly such sums as result from the application of the unit prices, if any, described in that paragraph to the quantities of the Subt Wotk. performed foi which Genera! Contractor received payment from the Owner - : S Subconti actor snail keep the premises unaei r.is control r.eat ar.c orderly at aii times and shall remove a!! trasn arc debris daily and at the end of the conn act l.*1' Subcontractoi ugiees to furmsn a performance uond within ten days should General Contractor so request ir, writing, whethei iiefoie commencing the Sublet Woik or at ar.y time oefoie completing the Sublet Woik. Such oond shai! be in form ar.d with coipoiate suieties sat.sfactory to General Contractor, and m such amount as may be specified by General Contractor as adequate to cover peifoimance of the Sublet Work and any damages that may iesult front the breach of this subcon:; act. If immediate delivery is leauued by the Special Provisions. Subconti actor shall pay the premium, If immediate delivery is waived y the Specia'1 Provisions Genera: Contractoi shall pay the normal piemiunt if the oond is lequired uy General Contractoi a*, a .'ate: date -u S.tncont) detot sra i confoim to the highest standaid? of satef. piucvces in peifoimance of the Sjr.et W-)k. and. spec.: c a) j y. sha;! corf mm to a I i safety practices ar.d requirements of Carte: oi Geneial Cor.ti actor Genera; Contiactois curient satety reg-w.at; sns ate attached hereto. n may be inspected 3t Geneia. Conti actoi's office. Ji .he erit.ie agiecnent between the uaitie: with lessee: to tne woi-. 'equirec r-y the Gene1 a.' bor.tsact :s expressed ::t tr. s :iter. Subconti act, arc it ii aeteed tr.ot th.s Subcontract has not oeen -.aseo upon any ora! representations nromses or itat-i.er.ts -f an> one represert.ne any pa:: y neieto, and tnat t r.: * agieement :? tneietoie uased entire,;.' open the written documents :onst:tjt;ng t.rs Suucortnict uctweer tne pait e>.. and supeisedes ai proposal and negotiations not expiessly set forth nercr. .t = t.ntnei agieea that tms agieement sha.. r.ot ie cnanged modified, abrogated o: supeiseaed '.\ any subsequent agreement unless ,t :>e :n wi t:ne and signed ., noth parties In the event j Puichase Oidei, Work Oidei o> othei s:m:!ai document 's -"C.cec .n tor. jnctio^ v.th tr.'S S-ucortract t :s understood that af qr:n:ec orovsi .r's tf s,,:o tther document have no application -- Continued or. Page 7 -- E*X 001330 Form BRl-61 tO-67 Page 7 of 7 other document shall constitute a part hereof and shall be construed with all of the printed, typewritten and handwritten pro visions hereof. Any requirement shown on the drawings, but omitted from the specifications, or any requirement shown in the specifications but omitted from the drawings shall be considered as being required under this agreement as if set forth in both. 22 Ail wor*. which is manifestly necessary to carry out the intent of the drawings and specifications pertaining to the Sublet Work or which is customarily done in performing this type of work for the Owner or General Contractor shall be performed by the Subcontractor as a par. of the Sublet W'or 23. General Contractor may at any time by a "Change Order" m writing signed by Genera! Contractor's authorized representative and without notice to the sureties on any bond, change or issue additional instructions, change or issue addi tional specifications and plans, and change, omit or require extra or additional work to be performed by Subcontractor. In such event, General Contractor will have full authority to specify the amount and kind of work to be done, or omitted, the materials to oe used, and the equipment to be furnished as fully as though such changes had been set forth in this subcon tract. When any change order shall authorise extra or additional work, Subcontractor shall make every effort to complete the sublet work as changed within the time originally agreed upon for completion, the time for completion not being extended unless expressly extended by General Contractor in writing. The General Contractor is authorized to make cnanges in the work which do not substantially increase the cost of the sublet work without the Subcontractor being entitled to any additional com pensation therefor. If such change orders substantially increase or decrease the cost of the sublet work to Subcontractor, there shall be an increase or decrease in the consideration to subcontractor (1) in accordance with the unit prices specified m this subcontract agreement or, if General Contractor agrees that the unit prices are not applicable, either (2) pursuant to a lump sum proposal acceptable to General Contractor or (3) by the actual direct cost to Subcontractor of such change in the --sublet work plus ten percent thereof, which costs directly related thereto will be supported by approved payrolls and paid voices on additions to the sublet work and by agreed estimates of labor and materials deleted for decreases in the sublet ./ork. Subcontractor further agrees that no extra work, or changes in the Sublet Work, or in the Subcontract will be recognized or paid for unless agreed to in writing and approved by General Contractor and Owner before such work is done or such changes are made. 24. Subcontractor agrees that it will not discriminate against any employee or applicant lor employment because of Tace, color, creed, national origin, or sex. Subcontractor agrees that it will comply with all applicable Federal, State and local Fair Employment Practices Act, or similar Act, Rules and Regulations, and whether or not applicable will comply with the Federal Civil Rights Act of 1964. The terms and provisions of Executive Order 41246 and any Executive Order superseding same, are incorporated herein with respect tc any Sublet Work subject thereto. 25. Regardless of any provision hereof or of any approval hereof the Owner is not a party to this Subcontract and the Sub contractor agrees that the Owner is under no obligation to Subcontractor 26. THE PAGES OF THIS SUBCONTRACT CONSIST OF PAGES 1, 2, 4, 5, 6, 7 AND THE SAFETY REGULATIONS. APPROVED By------'Title. Date: EXX 001531 MEMO TO: FROM: SUBJECT: lack Bakken for Job Number 12/18/68 Date_______________ Please assign a job number to cover the following: toer> Humble Oil & Refining Company- Work to be Performed: Perform work described as "Light Ends Control Center Building 807, Humble Oil & Refining Co., Baytown, Texas? i Approximate Amount: $______124,000*00 Our records indicate the next number is 27 5158 Project Manager: Tom Hunt Building Department EXX 001532 342*3139 Appropriation 42-9157 THIS AGREEMENT, entered into this Contract No. H-00-4460-C -- day of 1968 , by and between HUMBLE OIL & REFINING COMPANY, hereinafter referred to as "Humble," and BROWN 4 ROOT, INC. , hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein Humble and Contractor agree as follows: 1. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform all work In accordance with the specifications and exhibits listed below, a copy of said specifications and exhibits and of each drawing and Baytown Engineering Standard referred to therein being attached hereto and made a part hereof. f Designation Title Date Specifications Specifications for Light Ends Control Center Building 807, Humble Oil Refining Company, Baytown, Texas November 25, 1968 Exhibit MA"' General Specifications February I, 1966 Exhibit "B" Light Ends Control Center Building 807 November 25, >968 Supplement "A" entitled `fair and Equal Opportunity Clause," dated November 20, 1968, Is attached and made a part hereof. COMPLETION Contractor agrees to begin work about January 2, 1969, and will com* plate building shell and roof and necessary part of Interior sufficiently weathered in to permit Hunble to conmenee Installation of Instrunent panels by Apr!) 15, 1969. Contractor will meet a final completion date of June 1, 1969. 2. As consideration for the satisfactory performance and completion of this Contract by Contractor, Hunble agrees to pay Contractor the lunp sun of ONE HIM) RED TWENTY-FOUR THOUSAND AND N0/I00 ($124,000) DOLLARS. EXX 001533 5 42 3.33- ! A 3. Contractor shall observe all refinery safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations," dated June 1, 1966, a copy of which is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regulations" shall apply to all subcontractors and their employees as well as to the prime contractor and its employees. Contractor shall notify its employees, its sub contractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside Humble's Baytown Refinery until such notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such specifications by Contractor nor Humble's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 4. Although Contractor shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, Humble reserves the right to have an inspector on the job. Any material which Humble considers unsatisfactory shall be re moved and replaced at Contractor's expense. Neither inspection, waiving of inspection, nor acceptance by Humble shall relieve Contractor of its obligation to furnish all materials and work manship in accordance with specifications. 5. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Humble's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Humble being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and Humble agree as follows: A. Contractor agrees to indemnify and hold Humble harmless from all claims, actions, demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negligence or willful acts of Humble or its employees. (2) From (a) injuries to or deaths of persons, including employees and representa tives of Humble, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Humble and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Con tractor shall not be responsible for damage to Humble's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which result in whole or in part from willful acts or the negligence of Contractor, its employees, agents or sub contractors, in connection with the handling and use of utilities furnished by Humble, except that Contractor shall not be responsible or liable for such damage to Humble's property resulting from fire or explosion. B. In addition Contractor agrees to carry insurance as follows: (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. -2EXX 001534 i S*2-3133-2 (2) Comprehensive General Liability Insurance (including Contractors' Protective Liability when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than $ 100,000 for one person injured or killed and, subject to such limit, S 100,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $ 100,000 for each accident, and S 100,000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than S 100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $50,000 for each accident. C. Prior to commencing work hereunder, Contractor shall produce evidence in a form satisfactory to Humble that all insurance required under this agreement is in force and carried with companies acceptable to Humble and that such insurance will not be materially altered or cancelled while the work covered hereby is in progress without a reasonable prior written notice to Humble. Upon request of Humble, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Humble shall have the right to procure same and deduct the cost thereof from the consideration to be paid Contractor hereunder. 6. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Humble by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Humble harmless from and against all such claims and liens. 7. Contractor agrees that if, in the opinion of Humble, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or materiarls for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof, or should not be performing this contract in the manner herein provided, Humble may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Humble should exercise such right, it shall have the right to use all or any part of Contractor's tools or equipment then in use on the job but shall pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by Humble and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Humble, ordinary wear and tear excepted. Should Humble take over the completion of said job, or obtain another contractor to do so Humble shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Humble shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. -3- EXX 001535 S42-3133-3 8. Contractor agrees that upon the completion by it and acceptance by Humble of the work herein contracted for it will furnish Humble with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Humble to Contractor, subject, however, to the right in Humble to withhold payments in accordance with the provisions of Article 5469, Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Humble that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied. Humble, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the value of the work then completed, based upon estimates by Humble's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 9. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire understanding of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 10. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of con stituted authority. 11. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Humble may be required or deems it neces sary to pay such taxes or charges, Contractor agrees to furnish Humble with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Humble on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Humble may be required or deems it necessary to pay. In addition, Humble, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. 12. In connection with the work provided for hereunder, Contractor (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to Humble, any such material or equipment which may become defective within one (1) year from Humble's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Humble to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of'Humble's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 13. In the event Humble loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees: a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; -4- EXX 001536 542-3133.4 b. That such tools or equipment will be loaned or furnished and accepted by Con tractor without warranty or representation by Humble as to their condition; c. To return such tools or equipment to Humble at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Humble harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 13, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Humble may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by Humble. 14. Humble may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Humble may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Humble desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 2 above, Contractor shall submit to Humble an estimate of such increase or decrease. Should Humble desire to proceed in accord ance with such estimate, Humble shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction (therefor. If Contractor has not obtained a Contract Change Order, signed by Humble's appointed representa tive, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. 15. Contractor shall procure Humble's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this contract, and, as between the parties hereto, Contractor shall be and remain liable as if no such subcontract had been made. No subcontract shall bind or purport to bind Humble but shall contain a provision permitting assignment thereof by Contractor to Humble. 16. It is understood and agreed that Humble may, upon written notice to Contractor, termi nate the work provided for hereunder. In the event of such termination, Contractor shall be reim bursed for actual costs incurred to the date of such notice of termination in connection with :ue execution of the described work, and for actual costs thereafter incurred by Contractor in cor rction with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. ATTEST: f) SECRETARY ^ / HJM/JAP:aj (EGWarren) 0l53"7 94231335 CONTRACTOR'S ACKNOWLEDGMENT STATE OF TEXAS | COUNTY OF HARRIS I Before me, the undersigned authority, on this day personally appeared M.Lwooonw known to me to be the person whose name is subscribed to the foregoing instrument as senior vice president of Brown & Root, Inc.___________________________ _______ i and acknowledged to me that he executed the same for the purposes and considerat ion therein expressed, in the capacity stated, and as the act and deed of said Brown & Root, Inc.. Given under my hand and seal of office, this the 1R day of _ DEC ______ , A. D., 196_8. (SEAL) Notary Public in and for Harris County, Texas EXX 001538 342- 3'3 3-3 HUMBLE'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I .efore me, the undersigned authority, on this day personally appeared ___known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated and as the act and dee^i of said Humble Oil & Refining Company. i Given under my hand and seal of office, this the /V day of , A.D. , 196^. Notary Public in arjd for Harris County, Texas ANKtuL-A f.;. j-.... Notary Public in c ... 5 r., . My Commiscicn Ex,jin* juna 1, 19^. <f EXX 001539 542*00 1 1 Februa ry 1, 1966 EXHIBIT "A11 GENERAL SPECIFICATIONS 1. Contractor has inspected the site and fully understands the nature of the work, the conditions governing the work, and all other local requirements affecting the work. No additional compensation will be allowed for work that could be reasonably anticipated from visible conditions. 2. All work shall conform to generally accepted practice and shall be completed in every detail. In the event of doubt as to the meaning and intent of any portion of the Construction Agreement, Humble shall define that which is intended to apply to the work. 3. Contractor shall maintain the construction site in a neat and presentable condition. Upon completion of the work provided for hereunder and before acceptance and final payment, Contractor shall restore, in a manner acceptable to Humble, all property that has been used or damaged during the prosecution of the work; remove from the jobsite all dismantled and surplus materials, debris, and temporary structures resulting from the work; load and stack all dismantled and Humble-owned surplus materials and debris at a site designated by Humble; and shall leave the jobsite in a neat and presentable condition. Contractor shall obtain instructions from the M&C Contact Man for disposal of any left-over materials, including scrap. 5. Prior to departure from jobsite, Contractor shall obtain the M&C Contact Man's concurrence that Contractor has completed satisfactorily all work required by the cont ract. 6. Upon receipt of material furnished by Humble, Contractor shall accept full responsi bility for this material and shall provide suitable protection for this material from deterioration, disappearance and other harm. 7. In the event Humble furnishes critical path schedules or other job plans to Contractor, the Contractor's responsibility for all work covered by said schedules or plans shall be that specified in the contract. 8. Contractor shall provide its own sanitary facilities, properly secluded from observa tion and maintained by Contractor in a sanitary manner as approved by Humble. 9. Contractor shall provide all temporary buildings necessary for construct ion purposes. 10. Contractor shall not substitute alternate materials or equipment for those specified without Humble's prior written approval. 11. All costs of welder qualification shall be borne by Contractor unless otherwise specified in the contract of which this Exhibit "A" is made a part. 12. Contractor's work shall be executed so as to cause a minimum of interference with the operation of Humble's equipment. *3. No connection shall be made by Contractor to any of Humble's facilities, such as power lines, pipe lines, sewers, etc., without getting Humble's prior approval of Contractor's connection method, design and time schedule. EXX 00154 54C-00 l t- t \ Exhibit "A" (Continued) 2- - February 1, 1966 ( Signing of this agreement constitutes a waiver by Contractor of any restrictive clauses appearing on drawings, data, or any material submitted by Contractor to Himble under this agreement; such clauses shall not be binding, nor have any effect upon Humble; Contractor hereby authorizes Humble to nullify, obliterate, or otherwise remove any such restrictive clauses. 15. Various industry and/or national codes and standards may be referred to elsewhere in this contract. The requirements contained in any such codes and standards form a part of this contract in the manner and to the extent indicated. Contractor shall obtain copies of the latest edition of such codes and standards and follow them in the execution of the job. "Latest edition" is defined as the latest published edition as of the date of the contract. 16. Contractor's name shall be placed on all motor driven vehicles and other construction equipment such as welding machines, compressors, etc., used by Contractor, unless waived by .the M&C Contact Man. 17. Welding machines shall be furnished with a 12-lb. CO2 or 20-lb. dry chemical type fire extinguisher attached directly to the machine. 18. Contractor shall work from 7:30 A.M. to 4:00 P.M., Monday through Friday, unless otherwise specified in the contract of which this is made a part, or unless otherwise approved by the M&C Contact Man. 19. The holidays listed below shall be observed at the Baytown Plants. Contractor shall not work on these days unless otherwise specified in the contract of which this Exhibit "A" is made a part, or unless otherwise approved by the M&C Contact Man. (1) New Year's Day (2) Good Friday (3) Memorial Day (M July Fourth (5) Labor Day (6) Thanksgiving Day (7) Christmas Day (8) The day after Thanksgiving, except when Christmas falls on Tuesday or Thursday, in which event the holiday shall be observed on the preceding Monday or the succeeding Friday, respectively. Holidays falling on Saturday and Sunday shall be observed on Friday and Monday, respectively. EXX 001541 34 1 -007 3 / SAFETY, PLANT PROTECTION, AND TRAFFIC REGULATION'S Contractor shall remain an independent Contractor in the performance of the work as called for in the contract and shall observe the Safety, Plant Protection, and Traffic Regulations so as to achieve the results called for therein without persons or property being subjected to unnecessary' risks. Contractor shall ensure that all of its employees and employees of its subcontractors working hereunder are informed of the contents of these Regulations. REV. 6-1-66 EXX 001542 54 1 -007 5- l SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS DEFINITIONS 2 As used herein, the following definitions are applicable: 1. Owner Since Enjay, Humble, and ER&E all have facilities located within the Baytown Refinery complex, these three parties have agreed upon these common safety, plant protection, and traffic regulations to be applicable on each corporation's prop erty within said complex. Therefore, for purposes of these Regulations, 'Owner' shall mean Eniay, Humble, or ER&E as applicable. 2. Contact Man The Owner's representative assigned to the project by the Mechanical Division of Enjay Chemical Company (CPMD), the Maintenance & Construction Division of Humble Oil & Refining Company, the Maintenance and Construction Foreman of ER&E, or the individual designated by the Technical Divi sion involved on contracts for engineering services. The Con tact Man, on proper request, will arrange for all.permits re quired hereunder and will be the normal contact between the Contractor and all of Owner's personnel. 3. Basic Equipment Owner The Enjay Chemical Company, Esso Research and Engineering Company, or Humble Oil & Refining Company representative primarily responsible for the safety of Enjay, ER&E, and Humble personnel and equipment in the area in which the work is to be performed. 4. Plant Enjay Chemical Company's , Esso Research and Engineering Company's, or Humble Oil & Refining Company's Baytown, Texas, facilities or any combination of such facilities on which work is to be performed. 5. Contractor Designates `Contractor/ `Contractor's Sub-Contractors,' and all employees of each. EXX 01S*3 54 i -OOT 3-2 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS................................................................ 3 SAFETY REGULATIONS 1. AUTHORIZATION TO START WORK Contractor shall not start work until authorized by the Contact Man at the job site. Such authorization does not constitute authority to proceed with any work involving special per mits as outlined below. Contractor shall notify the Contact Man before Sub-Contractors begin work. 2. SMOKING Smoking within the Plant is prohibited, except at locations and times approved by Owner, and Contact Man will obtain the required permission. 3. MATCHES The use of matches, other than safety matches, or the transportation of them into the Plant is prohibited. 4. HOT WORK Contractors shall not use open fires or spark-producing equipment or do any 'hot work' without a written permit on Form 541-0623 (shown on page 12 hereof) properly filled out and signed by (1) the Basic Equipment Owner in the space marked 'Operating Head,' (2) Owner's Gas Tester in the space marked 'Inspector' and (3) by the Contractor's authorized representative in the space marked `Foreman Doing Work.' Such permits are valid for only the time and date specified on the face of such permit. Owner will assign areas in which Contractor may do `hot work' on a job duration basis and will give short-time permits in other locations when considered safe. Contractors shall stop any `hot work' upon request of any employee of Owner and shall not resume such work until authorized by the Contact Man. Job duration `hot work' permits will be issued in the form of a letter from the Basic Equipment Owner to Contractor, receipt of which shall be acknowledged. Contractor shall' watch for conditions that make the use of `hot work' unsafe, and immediately upon observ ing such conditions, Contractor shall cease such `hot work' and report the condition to the Contact Man. `Hot work' is defined as any work requiring the use of burning or welding equipment, brazing equipment, explosives, open fires, portable grinders or saws, internal combustion engines, soldering irons, non-explosion proof motors, non-explosion proof flood or string lights, sandblasting or any other flame or spark-producing equipment. 5. TYING INTO EXISTING PIPE LINES OR EQUIPMENT Contractor shall not open or tie its work into Owner's existing pipe lines or equipment without a written permit on Form 541-1212 (shown on page 12 hereof), `Permit to Open or Blank,' properly signed by Basic Equipment Owner in the space marked `Operating Man.' After a tie-in has been made to Owner's existing lines or equipment, the whole piping or equipment system involved shall be considered the same as Owner's existing lines and equipment and written approval on Form 541-1212, mentioned above, must be obtained from Owner before additional work can be done on any of these lines or equipment, unless a blind, approved by the Contact Man, has been installed separating the lines and equipment being worked on from the remainder of the system. 6. TYING INTO EXISTING SEWERS Contractor shall not open or tie into or work on Owmer's sewer system without a written EXX 001544 3* -0073'3 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS................................................................ 4 permit on Form 541-1212 (shown on page 12 hereof), `Permit to Open or Blank,' properly signed by the Basic Equipment Owner in the space marked 'Operating Man.' After sewers constructed by Contractor have been tied into Owner's sewer system, any `hot work' permit then in effect shall terminate and Contractor shall not perform any `hot work' in the area until a new `hot work' permit has been obtained. 7. WORK ON, ADJACENT TO OR TYING INTO EXISTING ELECTRICAL POWER CIRCUITS AND WORK ON ELECTRICALLY OPERATED EQUIPMENT Under no circumstances shall Contractor work on, adjacent to or connect into Owner's elec trical system or work on Owner's electrically operated equipment without securing prior written permission from Owner-in accordance with Owner's `Electrical Tagout Procedures,' dated June 1, 1966. 8. ENTERING `CLASS A' CLOSED CONTAINERS Contractor shall not enter any `Class A' Closed Container, as defined below, without a written permit on Form 541-0751 (shown on page 12 hereof), `Report of Gas Analysis' and `Permit to Enter,' properly signed by (1) Owner's Gas Tester, (2) the Basic Equipment Owner in the space marked `Operating Head' and (3) Contractor's authorized representative in the space marked `Foreman Doing Work.' Such permit is valid for only the'-time and date shown on the face of such permit. `Class A' Closed Container is defined as any closed con tainer in custody and control of Owner which has been in operation. This also includes fur naces, excavations, open top containers and sewers in care, custody and control of Owner where the head of a man working therein is below the top of the vessel, excavation or sewer. 9. WORK INVOLVING THE USE OF IONIZING RADIATION Contractor shall not perform any work involving the use of ionizing radiation without written notification in duplicate to the Owner. Such notification shall include the job reference, state time of entry, the type of ionizing radiation equipment and the strength of the ionizing source. Contractor shall comply with `Texas Regulations for Control of Radiation,' effec tive March 1, 1963, amended June 14, 1965, Texas State Department of Health, Division of Occupational Health and Radiation Control, Austin, Texas, together with all future amend ments, additions and revisions to said regulations and standards. Owner reserves the right to conduct independent and unannounced radiation surveys of contractor's equipment and its uses on Owner's premises. 10. HOUSEKEEPING At all times the job site shall be kept clean and free from debris, trash, and rubbish. Con tractor shall store all materials in a neat and orderly fashion and shall not store materials within four feet of any fence or along railroad tracks within a distance of seven feet two inches horizontally from the inside edge or twenty-three feet vertically above the top of any rail and shall not construct temporary or permanent structures within this minimum clear ance. Dismantled or surplus materials, trash, and debris (including earth, clay, lumber, concrete, metal, insulation, paper, etc.) that falls from Contractor's vehicles shall be clean ed up by Contractor. 11. REPAIRS OR CHANGES After care, custody and control of the facility constructed by Contractor passes to Owner, no repair or changes shall be made by the Contractor without written approval of Owner. EXX 001545 f\ v. i / 54-0073-4 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS................................................................. 5 12. USE OF LINES OR CONDUITS AS SUPPORTS Contractor shall not use Owner's pipe lines or electrical conduits as supports for loads or for ladders or for scaffolds without authorization from the Contact Man. 13. USE OF STANCHIONS OR EQUIPMENT FOR ANCHORS Contractor shall not use Owner's pipe stanchions or other equipment for attaching snatch blocks, guy lines, or for other services which apply loads on the equipment without written approval of the Contact Man. 14. GUY LINES When it is necessary for Contractor to install guy lines across Owner's electric lines, Contractor shall construct timber guards, of a type approved by Owner, to prevent guy lines from coming in contact with the electric lines. No guy lines shall be detached nor buried guy line anchors disturbed without prior approval of the Contact Man. 15. WORKING IN THE VICINITY OF ELECTRIC LINES When it is necessary for a Contractor to operate cranes or derricks in the vicinity of elec tric lines or to perform any other work so near to such lines that persons or property may be endangered, Contractor shall consult the Contact Man and determine whether the elec tric lines can be de-energized. If the lines cannot be de-energized, Contractor shall install suitable guards to prevent its equipment from coming in contact with the electric wires or cable. Such guards shall be of a type approved by the Contact Man. Contractor shall not proceed with any of such work until such electric lines have been de-energized or until such guards have been installed. 16. EXCAVATIONS All excavations made by the Contractor, except those specifically excluded by the Contact Man, shall be fenced-in or boarded over so as to prevent personnel from slipping or falling into them when moving about the area. 17. MOVING SUSPENDED LOADS Contractor shall not move loads suspended from mobile equipment on Owner's streets with out load being secured to prevent swinging. All chains, cables, ropes, etc., suspended from mobile equipment shall be properly fastened. 18. DAMAGE TO OWNER'S PROPERTY [f Contractor damages any of Owner's property, it shall immediately report such damage to the Contact Man. 19. WARNING AND CAUTION SIGNS Contractors shall obey all safety warning signs posted by Owner. EXX 001546 94 t-007 3-6 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS................. PLANT PROTECTION REGULATIONS 1. PARKING LOCATIONS Parking locations will be designated for each Contractor by Owner. If Contractor desires to park on Owner's property, all parking will be in the lot, or area designated. Posted regulations governing the use of the lot shall be followed. All vehicles on Owner's property will be at the risk of the vehicle owner and Owner accepts no responsibility for paint or other damage to or theft of or from such vehicles. 2. ENTRANCE GATE Owner will designate a gate or gates for the use of Contractor and for the delivery of its material and supplies. Contractor and vehicles serving the Contractor shall use only the designated gate for entrance and exit to and from the Contractor's job site. Contractor will make arrangements so that vehicle drivers will know which refinery gate to enter and the appropriate job site location. 3. WALKS AND ROADWAYS Walks and roadways will be as designated for the use of Contractor when entering or leav ing the job site, or when moving from one area to another, or when obtaining jnaterial from Owner. Contractor shall use only such designated roadways and walks. The use of short cuts or non-designated pathways is prohibited. 4. CONTRACTOR BADGES AND CONTRACTOR PASSES Contractor's employees shall wear that Contractor's badge at all times they are in the Plant. Employees engaged by the Technical Divisions for engineering services will not be required to wear badges. Such badges shall bear the firm's name and each badge shall be numbered with a different number. Contractor shall supply these badges. A Contractor pass, bearing the same number as the badge, shall also be issued to each of Contractor's employees. The Contact Man will issue these passes to Contractor, who, in turn shall issue them to employees. These badges and Contractor passes must be shown to the gate guard each time any employee of Contractor enters or leaves the Plant. Contractor shall return to the Con tact Man all passes upon completion of the job. When Sub-Contractors to the prime Con tractor do not have their own badges, they may use the prime Contractor's badges. 5. USE OF SUB-CONTRACTORS The Contractor shall advise the appropriate Purchasing organization or the appropriate Technical Division in writing prior to starting work as to the Sub-Contractors proposed for use. 6. CAR PASSES Owner will issue car passes to Contractor's personnel who require using a car in con nection with the work. Requests for such passes shall be made to the Contact Man. Contractor's vehicles, which bear the Contractor's name or insignia prominently displayed, will not require a car pass, providing the driver has a badge and Contractor's pass. Such vehicles shall be restricted to the use of designated street or streets and Plant entrance EXX 001548 34 1-007 3- 7 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS.................................................................. 8 or entrances assigned for use of Contractor. All equipment on rubber tires, such as mobile cranes, back hoes, air compressors, welding machines, etc., must have Contractor's name prominently displayed when being used by Contractor. 7. MATERIAL PASSES All tools and materials, other than trash, that the Contractor removes from the Plant must be accompanied by a material pass obtained from the Contact Man. The material pass must be completely filled out and must be signed by a designated official of Contractor and the Contact Man. The Contact Man retains one copy, and the original and one copy must ac company the material to the gate. Both copies are to be surrendered to the gate guard. 8. THEFTS Owner accepts no responsibility or liability for the theft of any property or material be longing to Contractor or its employees. It shall be the responsibility of Contractor to fur nish any police protection it deems necessary to supplement the guard and patrol service provided by Owner. Owner maintains an investigative service and will cooperate with Con tractor by assisting in the investigation of all reported thefts within the Plant. Thefts of property or automobiles from Owner's outside parking lots should be reported .to local law enforcement officials. Contractor may obtain forms for reporting thefts from within the Plant from the Contact Man. 9. GAMBLING All forms of gambling are prohibited on Owner's property. 10. BUSINESS VISITORS, APPLICANTS, AND DELIVERY TRUCKS Contractor shall furnish the Plant Protection Department with a list of persons who are authorized to pass business visitors, job applicants, new employees and delivery trucks to the job site. The Plant Protection Department will obtain authorization from one of these people before passing such individuals into the Plant 11. AMBULANCE SERVICE Contractor, when working in Plant, shall make any arrangements Contractor deems neces sary for ambulance service from an outside firm. Requests for an ambulance shall be called in to Owner's telephone extension number 600. Accident location, ambulance firm and hos pital desired, and Contractor's name shall be given. The Plant Protection Department will escort the ambulance to the scene of the accident. All accidents shall be reported to the Contact Man as soon as possible, whether resulting in injury to person or equipment of Owner or Contractor. 12. INSPECTION OF LUNCH BOXES, PACKAGES, MOTOR VEHICLES, ETC. Guards have the right to inspect lunch containers, packages, bundles, tools, equipment and motor vehicles in the Plant at any time. 13. CAMERAS AND PHOTOGRAPHS Unauthorized individuals will not be permitted to enter the Plant with a camera. When Contractor desires to have photographs taken in the Plant, the Contact Man will obtain the necessary authorization. EXX 001549 54 1 -007 S' SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS..................................................................9 14. LIQUOR AND DRUNKS Ary person possessing intoxicating liquors or who is under the influence of such will not be permitted to enter the Plant or loiter on Company property. 15. VISITING AND LOITERING Visiting and loitering by Contractor's employees at or around entrance gates or other places on Owner's property will not be permitted. EXX 001550 54 1 -007 3-9 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS............................................................... 10 TRAFFIC REGULATIONS 1. EQUIPMENT REQUIRED ON MOTOR VEHICLES All motor vehicles entering the Plant shall have a horn and a muffler and be in safe oper ating condition. Motor vehicles, operating at night, shall have two headlights and at least one visible red tail light in good condition. Vehicles having dual wheels shall be equipped with suitable flaps on each dual wheel so that objects will not be ejected past the flaps, to the rear, when the vehicle is in motion. 2. DRIVER LICENSE Motor vehicle drivers shall be qualified in accordance with drivers license regulations of the State of Texas. 3. WARNING FLAGS Red flags shall be used on any load that extends beyond the front, side, or rear of any vehicle. 4. TRAFFIC SIGNS t All traffic signs and signals, whether fixed or portable, shall be obeyed, and drivers must cooperate with Owner's guards and others appointed to direct traffic. 5. SPEED LIMIT All vehicles shall be operated within the Plant's speed limits, which is thirty miles per hour unless otherwise posted. 6. DRIVING AND PARKING Vehicles shall be driven on the right side of the street and parked on the right side of the street except when parking in designated parking areas, or when directed otherwise by traffic signs or during emergencies. Vehicles shall not be parked on streets or roadways in such a manner as to slow down, hinder, or interfere with the free flow of traffic. Vehicles shall not be parked so as to block or interfere with the use of fire hydrants or fire equip ment. 7. RIGHT-OF-WAY The order of right-of-way in the Plant is as follows': First, ambulance; second, fire-fighting equipment; third, pedestrians; fourth, bicycle riders; and fifth, motor vehicles. Vehicles shall be pulled to one side and shall be brought to a complete stop when approached from either direction by an ambulance or fire equipment. Ordinary driving courtesy shall be prac tised by all drivers of motor vehicles. 8. PASSENGERS a. Passengers shall be limited to a reasonable number determined by Owner and vehicle shall not be over-crowded. EXX 001551 34J-0C74 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS............................................................... II b. Drivers of motor vehicles shall not permit passengers to ride on fenders, running boards, tops or bumpers of motor vehicles. Passengers shall keep all parts of their bodies inside the cab or body of vehicles. c. Passengers shall not get on or off a vehicle while it is in motion. 9. VEHICLES PROHIBITED Motor bicycles or motorcycles are not permitted inside the Plants. 10. WINDSHIELD OR WINDOW OBSTRUCTION Vehicles having non-transparent-materials which interfere with clear visibility through any side window or windshield, shall not be operated in the Plant. All vehicles shall be equip ped with adequate rear view devices. 11. `CLOSED TO ALL TRAFFIC' SIGNS Areas blocked by traffic barriers are closed to all traffic. 12. OBSTRUCTING STREETS OR ROADS Contractor shall not block roads or streets without permission from the Conthct Man. When Contractor's work obstructs a road or street, Contractor shall provide approved lights, barriers, warning devices or signal men. EXX 001552 PERMIT FORMS 12 page REPORT OF GAS ANALYSIS 541-0751 THIS TAO MUST K / APPLIES AT THE WORK Y THE OPERATING MAN WHO ISSUES IT. PERMITBTiiMOBUOOPILE1HRAEFHINIDNG/OCDR. BLANK "HASS A" HOSED (MAM, IMS, EMEUS, IWS, COMPRESSORS. date______ _timc,, ____ fciS: No. 7Ua;jS UNIT OR OPERATING AREA- l553 ex* Supplement "A" Fair and Equal Opportunity Clause Humble/Enjay is an Equal Opportunity Employer. This is a subcontract under or a contract for supplies or services required in the performance of Government contracts. It is agreed as a condition of the agreement that: (a) this is a subcontract subject to the rules and regulations approved by the Secretary of Labor under Executive Order 11246 as amended; (b) a copy of the Equal Employment Opportunity Provision of Section 202 of Executive Order 11246, signed by Humble/Enjay, is physically attached and made a part hereof. Contractor shall sign and return this provision to P. 0. Box 4019, Baytown, Texas 77520, attention H. J. Ha son. , (c) by accepting this agreement, Contractor agrees to be bound thereby; and (d) Contractor's Certification of Nonsegregated Fac i 1it i es is: j~~j (1) physically attached hereto and made a part hereof. Contractor shall sign and return this Certification to P. 0. Box 4019, Baytown, Texas 77520, attention______________________ A7 (2) contained in Humble files and is incorporated herein by reference. November 20, 1968 EXX 001554 Equal Employment Opportunity Provision During the performance of this contract, the contractor (vendor) agrees fol1ows: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without re gard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the pro visions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified appli cants will receive consideration for employment without regard to race, religion, color, sex, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "The contractor will furnish all information and reports required by exec utive Order 11246 of September 24, I965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compli ance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government con tracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 19&5 or by rule, regulation, or order of the Secretary of Labor, or as otherwise pro vided by law. EXX 001555 Equal Employment Opportunity Provision Page Two (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regula tions, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provi sions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provi sions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contractor acknowledges that he may be required to file Standard Form 100 (EE0-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission and Plans for Progress with Joint Re porting Committee, Federal Depot, Jeffersonville, Indiana, within thirty (30) days of the date of contract award if such report has not been filed `for the current year and otherwise comply with or file such other compliancejreports as may be required under Executive Order 11246, as amended and Rules and Regu lations adopted thereunder. Contractor further acknowledges that he may be required to develop a written affirmative action compliance program as required by the Rules and Regulations approved by the Secretary of Labor under authority of Executive Order 11246 and supply the buyer with a copy of such program if so requested. Dated DEC 1 a IPFR Humble Oil Refining Company Enjay Chemical Company .BROWN & ROOT, INC. 6By. Tit1e Materials Manager EXX 15S6 OFFICE MEMO BROWN & ROOT, INC. DECEMBER 31, 1968 TO THOSE CONCERNED: JOB NO. 27-5158 IS ASSIGNED TO COVER THE CONSTRUCTION OF LIGHT i ENDS CONTROL CENTER BUILDING 80? FOR HUMBLE OIL & REFINING CO. AT BAYTOWN, TEXAS. BP/JJ JOB TITLE: HUMBLE OIL & REFINING CO. - CONSTRUCT LIGHT ENDS CONTROL CENTER BUILDING 807 AT BAYTOWN TEXAS. (WORK TO BE PERFORMED BY THE M. L. WOODFIN DEPARTMENT) EXX 001557 HUMBLE O IL & REFINING COMPANY CONTRACT F IL E 2 7 - b17b EXX 001558 \ \ o \ 1 EXX 001559 I April 11, 1969 Keith'* Air Conditioning Co. 3206 Bose Houston, Texas Attention: Hr. E. 0. Re: Our Subcoi&ract Gentlemen: Attached you will find your copy of Subcontract Ifcrter 27-5175-4 dted Karch 3* 1969 This Subcontract has been duly executed by a member of our organization and is for your permanent file. We acknowledge receipt of your firm's required Payment and Performance Bonds. Very truly yours, Janes L. Worthington Purchasing Agent By: Thomas C. Todd TCTaad Attachment cc: Messrs: R. E. Plack (l ft/original attachment) 0. M. Bakken (2 w/attachneot) Msl lynch (less attachment) Drew Farmer (less attachment) Tint Ccoit fi. EXX 001560 MOWN-im BROWN & ROOT, INC. Page 1 of 7 SUB-CONTRACT Job Number. 27-5175.327 C51 Subcontract No._ 27-5175-4 P. 0. No 27-5175-4 THIS AGREEMENT, made this ____ 3rd________ day of March , 19 69 by and between BROWN & ROOT, INC., a Texas Corporation, 4100 Clinton Drive, Houston, Texas, (P. 0. Box 3) hereinafter called the "General Contractor", ondKelth's Air Conditioning Company. 5206 Rose. telephone; 0131 869-7161 (Name, Street Addreu and Telephone Number) aproprietorshipwith principal offices at (Give State of Incorporation and whether a corporation, partnerahip, or proprletorahlp) Houston;. State of______________________________________________ ISas____71891, hereinafter called the "Subcontractor", WITNESSETH WHEREAS, General Contractor has entered into a contract dated', with _____ Humble Oil A Refining Company___________________________________________________ hereinafter (Name of Owner) called the "Owner", for the construction nf Dock Office Building Ho. 23 G (Nature of conatruetion under General Contract) Baytown. Texas_________________________________ ICItrl. (Sab) in strict accordance with the General Contract, specifications, schedules, drawings, and general conditions, which are all collectively hereinafter called the "General Contract", and WHEREAS, Subcontractor desires to perform that portion of the work as required by the General Contract, which is described below as `The Sublet Work"; NOW THEREFORE, it is agreed by and between General Contractor and Subcontractor as follows: I. SPECIAL CONDITIONS i. detail,The Sublet Work consists of: furnish, fabricate, deliver, unload, Install, test and balance the Heating, Ventilating and Air Conditioning work including air conditioning demolition In accordance with the Specifications, dated January 15,1969, appropriation no. 61-9341, addendum no. 1, dated 1-29-69; referenced Engineering drawings; Exhibit "A", General Specifications, datdd 2-1-66; Exhibit "B", dated 1-15-69; Owner's "Safety, Plant Protection and Traffic Specifications"; and the "Special and General Conditions" herein, all of which hereby become a part of this Subcontract. r- 2. The price for the Sublet Work shall be a firm lump sum total of TWELVE THOUSAND THREE HUNDRED SEVENTY NINE AND NO/lOO DOLLARS ($12,379.00), which includes Texas State and Local Sales or Use Taxes, but excludes the reimbursable fee charge for the required $12,379.00 Payment and Performance Bonds. (Invoice fee charge separately.) -- Continued on Page 2 -- EXX 001561 3. The time of completion of the Sublet Work shall be as provided in paragraph 4 of the General Conditions but not later the schedules and/or dates set by the General Contractor's Job Superintendent. 4. The performance bond provided for in the Genera] Conditions must be delivered before any payment becomes due to Sub Xcontractor hereunder, unless delivery at this time is waived. Immediate Delivery of Bond is: Waived------------------ ; Required____ ______ 5. Other special provisions of this subcontract are: (a) EQUIPMENT FURNISHED & INSTALLED BY SUBCONTRACTORi , (1). One trane alz handling unit as per plans and specifications. (2). One trane condensing unit as per plans and specifications. (3). Refrigerant lines from air handling unit to condensing unit to be type "K" copper as per plans and specifications, Insulated vutg 3/4" thick Armaflex, ' but underground portion to be waterproofed. (4). Steam piping as per plans and specificationsIncluding valves, fittings, and controls. Steam piping will be from source provided by Owner as per plans and specifications. (5). Flash tank as per plans and specifications. (6). Tear out existing duct work and equipment denoted onplans and specifications to become our property to remain same. (7). New duct work and exhaust fans as per plans and specifications. (8). Start up system. WORK TO BE FURNISHED BY GENERAL CONTRACTOR: (1). Drain within 5* of equipment. (2). All necessary wiring. (3). All necessary cutting, patching, painting, and furring. (4). Proper access and walkway according to the City Code. r 5(b) Before commencing work and before this Subcontract becomes effective, the Subcontractor shall furnish the General Contractor with his Certificate of Insurance and the required $12,379.00 Payment and Performance Bonds. 5(c) Subcontractor must furnish own warehousing and miscellaneous workmen's supplies. 5(d) All inquiries that the Subcontractor might have concerning this Subcontract must be made through the General Contractor's Job Superintendent and not directly to the Owner. -- Continued on Page 4 -- (P*re 3 is a numbered but otherwise blank pare for use as a continuation sheet for paragraph 6, if needed. Insert ``3M if it is used: otherwise insert "4" which is the start of General Conditions.) EXX 001562 II. GENERAL CONDITIONS 1. A copy of the General Contract has been made available and shall be at all times available for inspection and reference by Subcontractor at General Contractor's office. Upon Subcontractor's written request copies of pertinent portions needed for his daily reference will be supplied. Subcontractor represents that he has read and is familiar with the provisions of the General Contract and that he will comply with all of its provisions applicable to the Subcontract. Subcontractor further represents that he is familiar with the physical conditions and availability of labor and materials in the area of the Sublet Work and all other items affecting the performance of the Sublet Work. General Contractor and Subcontractor agree to be bound by the terms of the General Contract which is hereby made a part of this Subcontract with respect to the Sublet Work and also by the provisions of this Subcontract. As to the Sublet Work, the Subcontractor agrees to be bound to the General Contractor by the terms of the General Contract and to assume toward him all of the obligations and responsibilities that the General Contractor by the General Contract assumes toward the Owner, except as expressly provided herein, and General Contractor shall be bound to the Subcontractor by all of the obligations that the Owner assumes to the General Contractor under the General jContract and by all the provisions thereof affording remedies and redress to the General Contractor from the Owner, except as otherwise expressly provided herein. Subcontractor shall have an opportunity to be present and to submit evidence in any arbitration or other proceed ing involving his rights, provided such is agreeable to the Owner. Subcontractor shall make any claim for extras, request for ex tensions of time and claim for damages or otherwise which are authorized by this Subcontract and give any notices provided for in the General Contract or in this Subcontract to the General Contractor in the manner provided in the General Contract for like claims, requests and notices by the General Contractor upon the Owner, except that Subcontractor agrees that any such claims, requests and notices shall be made well enough in advance to allow General Contractor to comply with the requirements of the ^Qeneral Contract and Subcontractor agrees to be bound by the Owner's decision thereon. 2. Subcontractor agrees to perform the Sublet Work in a careful and workmanlike manner in accordance with the best con struction practices and this Subcontract, and to furnish all supervision, labor, supplies, tools, equipment, facilities, storage, and materials (except as Owner or General Contractor specifically agrees herein to furnish) and all other things and services necessary or desirable to perform the Sublet Work. 3. General Contractor agrees to pay Subcontractor for the performance of the Sublet Work the amount specified in Para graph 2 of Section I and to make payments, both partial and final, to Subcontractor within ten (10) days after such payments for the Sublet Work are received by Contractor from Owner under the provisions of the General Contract, except that General Con tractor shall retain ten percent (10'/) of the amount of each estimate on the Sublet Work until final completion of Subcontractor's work and the balance shall be paid within thirty (30) days after final completion and acceptance of Subcontractor's work by Owner upon a proper invoice submitted by Subcontractor accompanied by an affidavit that all bills for labor, materials, taxes, services and other costs of the Sublet Work have been paid and indemnifying General Contractor therefrom and a release by Sub contractor of any further claims against General Contractor. Payment of any installment may be withheld until Subcontractor furnishes satisfactory proof of payment of all bills for labor, materials, taxes, services and other expenses in connection with the Sublet Work and all claims for changes or extra work have been settled. Until final completion and delivery of the Sublet Work, all funds paid to Subcontractor shall be held in Trust for application solely to payment of laborers, materialmen, fabricators, sub contractors and others furnishing elements of the Sublet Work. Subject to performance by General Contractor of-its obligations hereunder, title to all materials, components, fabricated items, and work in process intended for the Sublet Work, and the beneficial interest in all purchase orders or subcontracts therefor shall vest in General Contractor immediately upon delivery to the job site, or identification to this Subcontract, or commencement of fabrication in Subcontractor's or a supplier's shop, or award of a purchase order or subcontract; provided, that this provision shall not relieve Subcontractor of the absolute duty to complete and deliver the Sublet Work in-good condition, or any other obligation hereunder. 4. Subcontractor agrees to commence the Sublet Work immediately when instructed and to prosecute same in coordination with the work of others and with sufficient equipment, supervision and manpower to insure completion of each part of 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 time to time; and, in the absence of such instructions from General Contractor or Owner, at the times and in the sequence reasonably necessary to avoid delay in the performance of the work required by the General Contract at whatever rate of progress General Contractor r1.ay make in performing the work. In the event Subcontractor be delayed by the Owner, General Contractor, or another contractor rforming work on the project, or by the ordering of extra work, Genera] Contractor shall owe Subcontractor only an extension time and then only if written request therefor is made by Subcontractor within forty-eight (48) hours from the beginning of the delay. 5. If any part of Subcontractor's work depends, for proper execution or results, upon the work of any other contractor, Subcontractor shall inspect the work of the other contractor and promptly report to General Contractor any defects in such work or the performance thereof that adversely affects the proper execution and the obtaining of the desired results of the Sublet Work. Subcontractor's failure to inspect and report any such defects shall constitute an acceptance of the other contractor's work as fit and properly performed. Subcontractor shall endeavor to settle by agreement or arbitration all claims asserted by any other subcontractor, materialman, or other person arising from Subcontractor's own acts or omissions, or in any manner relating to the performance of the Sublet Work; and in the event General Contractor or Owner shall be sued on any such claim, Subcontractor shall defend such suit, and pay or satisfy any judgment rendered therein against General Contractor or Owner and pay all costs, including attorneys' fees, incurred by General Contractor or Owner. 6. Subcontractor shall, at its own expense, procure all required permits and licenses and pay ail fees and charges and give all notices necessary and instant to the due and lawfu. 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 instructions or regulations of any local, state or federal governmental agency or authority, and with the requirements of any one having the right to control how any portion of the Sublet Work is to be performed; provided, however, that the Sublet Work shall be performed to the satis faction of the General Contractor and Owner. 7. Owner and General Contractor shall have the right to enter upon the site of the Sublet Work for the purposes of inspec tion, accounting, and performing such collateral work as Owner or General Contractor may desire. Subcontractor agrees to furnish all facilities deemed necessary by the General Contractor and Owner for the proper inspection of the Sublet Work and to account to the Owner and General Contractor for any materials furnished by Owner or General Contractor which are being handled by Subcontractor. Subcontractor shall protect the Sublet Work and bear and be liable for all loss or damage of any kind, including -- Continued on Page 5 -- EXX 001563 r Page 5 of 7 damage by the elements or otherwise to the Sublet Work or to materials or other items furnished by Owner 01* General Contractor to Subcontractor which may happen at any time prior tothe time that Owner accepts the Sublet Work. Subcontractor shall warrant the Sublet Work as provided in the General Contract, and if no warranty is there provided, Subcontractor shall warrant the Sublet Work to be free from defects in materia) and workmanship and agrees to make good at Subcontractor's own expense any such defects discovered within one (1) year from the time of acceptance by Owner of all the work covered by the General Contract. 8. Subcontractor agrees ter indemnify and to save General Contractor and Owner harmless from and against all claims, suits (including counsel fees and other expenses of suit), whether groundless or not, judgments and awards on account of any damage to property or injury (including death) to person (including any damage or injury to the property orperson of any employee of Subcontractor, General Contractor, or Owner) which may be caused or alleged to have been caused in whole or in part by, or which may occur or be alleged to have occurred in connection with, the performance of the Sublet Work! provided that Subcontractor does not hereby assume responsibility for the sole negligence of General Contractor but does assume responsibility where there is concurring negligence of General Contractor and Subcontractor. 0. Subcontractor, notwithstanding the provisions of Paragraph 8, assumes all risks of loss or damage to Subcontractor's tools, equipment or property from any cause including the negligence of Owner, Genei-al Contractor, or any other Subcontractor performing work in connection with the work described in the Genera! Contract. In the event Genera) Contractor or Owner loans or furnishes tools or equipment to Subcontractor or permits Subcontractor aboard their vessels in connection with the Sublet Work, Subcontractor agrees (a) to make its own determination before commencing work that such vessels are seaworthy and such tools and equipment are adequate for the safe performance of the work by Subcontractor; (b) that such tools, equipment or vessels are /`"Sfned or furnished and accepted by Subcontractor without warvanty or representation by General Contractor or Owner as to their mdition; (c) to return such vessels, tools and equipment to General Contractor or Owner at the conclusion of such use in same condition as when received, ordinary wear and tear excepted; and (d) to indemnify and hold General Contractor and Owner harm less from all claims, demands, causes of action, damages and injuries resulting from Subcontractor's use of said vessels, tools and equipment, including any claims, demands, causes of action, damages or injuries resulting from or alleged to result from negligence of Genera] Contractor or Owner, or from the inadequacy or unseaworthiness of said vessels, tools and equipment for the perform ance 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 Work or in respect to the promptness with which the Sublet Work is being performed, Subcontractor has not corrected such deficiencies to the satisfaction of the individual in charge of this job for General Contractor in the field, General Contractor shall have the right to supplement the work of Subcon tractor or to take over completely the performance of the remainder of the Sublet Work either with his own forces or by contract with others. Subcontractor grants General Contractor the option to use all or any part of Subcontractor's tools, equip ment, machinery, materials, and supplies then in use in performing the Sublet Work, and in the event General Contractor elects to use all or any part thereof, no rental shall be paid or given therefor and no credit accrues therefrom except insofar as the lack of any rental charge thus reduces the cost of completing the Sublet Work. Subcontractor also expressly waives any claim which he could assert in connection therewith for use of such equipment in whole or in part on other projects and any profits anticipated thereon during the period such equipment or any portion thereof are so utilized by General Contrac tor in accordance with this provision or any provisions of the General Contract. In the event the cost of supplementing or completing the Sublet Work is more than the amount of money Subcontractor is entitled to on the price basis pro vided herein, Subcontractor agrees to pay to General Contractor upon demand the amount of such excess cost, and in the event such cost of-supplementing or completing the Sublet Work is less than the amount of money Subcontractor is entitled to on the price basis specified herein. General Contractor agrees to pay Subcontractor upon demand the amount of such difference between price and cost; provided that if General Contractor shall supplement or complete the work with his own forces, General Contractor may charge Subcontractor with an additional ten (107<) percent of the cost thereof. This right may be exercised from time to time as deemed proper and may be exercised even prior to the time specified for completion of the Sublet Work, and such exercise shall not be treated as a repudiation of this Subcontract or interference with the Subcontractor in the performance of the Sublet Work, and the exercise of such rights shall not be regarded as relieving Subcontractor of his duties in respect to the performance of the Sublet Work; nor shall the exercise or non-exercise of such right prejudice any other remedy the General Contractor or Owner may have, including, without limitation, those specified the General Contract. Subcontractor agrees that the decision of the job superintendent in exercising the rights provided r herein shall be final and conclusive but if Subcontractor objects and disputes the judgment of the Job Superintendent he may appeal therefrom, within said 7 day period, to an executive officer of General Contractor designated by the President of General Contractor and the written decision of that designated officer after hearing Subcontractor shall be final absent actual fraud. Sub contractor agrees to cooperate fully with Genera) Contractor and not to complain thereafter of the manner or cost of supple menting or completing the Sublet Work. 11. The employees, representatives and agents of Owner and General Contractor shall not have the power to waive any obligations of the agreement between the parties for the performance by the Subcontractor of the Sublet Work in a careful and workmanlike manner as provided herein. No waiver by the Owner or General Contractor of any breach by the Subcontractor of this Subcontract, or of any term or condition thereof (whether such waiver be expressed or implied), shall be deemed to consti tute a waiver of or consent to any subsequent breach of the same or of any other term or condition of this contract. 12. In the performance of the Sublet Work the Subcontractor is an independent contractor with the right to supervise, manage and control the performance of the details thereof. General Contractor and Owner being interested only in the results of the same and being entitled to inspect the performance of the SubletWork by Subcontractor only to the extent necessary to assure such results. 13. Subcontractor shall not subcontract thi> Sublet Work or any portion thereof, nor assign any portion of the monies due or to become due under the Subcontract, without the written consent of General Contractor, and any attempt at such Subcontract or assignment without such consent shall be void. No subcontract shall relieve Subcontractor of his responsibility hereunder. 14. All written notices between the parties shall lie by mail, properly stamped, addressed and delivered to the postal authorities, and any such notice shall be effective at midnight of the day during which the notice is so mailed. Such notices shall be addressed to the address shownon page one of this Sul>contract, unless written notica-has been given of a new address. -- Continued on Page 6 -- EXX 001564 r Page 6 of 7 15. Subcontractor shall comply with nil applicable lows, ordinances, rules and regulations of any governmental agency having jurisdiction, and with all terms and conditions of applicable permits, certificates, leases, restrictions, casements oi dedications, and Subcontractor sholl indemnify and hold harmless General Contractor and Owner from any fine, penalty, loss, damage or expense resulting from Subcontractor's failure to comply therewith. Subcontractor shall certify that all work is performed in compliance with the provisions of the Fair Labor Standards Act. lb. Subcontractor shu)! carry and maintain throughout the life of this Subcontract, at its own expense, insurance as specified in the General Contract but not less thun the amounts and coverage herein specified, and shall furnish certificates of such insurunce in duplicate to General Contractor before commencing work. Certificates shall bear statement of insurors to the effect that insurance shall not be cancelled, reduced, nor allows to expire, except upon Ten (10) days written notice delivered to Genera! Contractor by registered mail. In the event Sub -.tractor sublets any part of the Sublet Work, it shall be the duty of the Subcontractor to require that every such Subcontractor comply with the insurance and other requirements of this Sulicontract. Insurance shall 1>c placed with companies acceptable to General Contractor and Owner. Subrogation against General Contractor, Owner and other contractors performing work in connection with the worlf described in the General Contract is hereby waived by Subcontractor and the policies shall be endorsed accordingly. The minimum insurance shall be the following amounts and coverage*. a. Workmen's Compensation (If marine operations ure involved, endorsements shall provide maritime coverage including Voluntary-Marine Endorsement, Outer Continental Shelf and U. S. Longshoreman's & Harborworkers Act) b. Comprehensive Public Liability (endorsed to include contractual and completed operations coverage hereunder) Bodily Injury Property Damage Statutory (100,000 per person $300,000 per accident (100,000 per 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 Full Value Full Value but not less than (200,000 e. Other:. 17. There shall be no change in the unit prices, if any, described in paragraph 2 of Section I of this Subcontract due to any -variances between estimated and actual quantities of the Sublet WoTk, and there shall be due and owing from General Contractor { y such sums as result from the application of the unit prices, if any, described in that paragraph to the quantities of the Sub' i/t Work performed for which General Contractor received payment from the Owner. 18. Subcontractor shall keep the premises under his control neat and orderly at all times and shall remove all trash and debris daily and at the end of the contract. 19. Subcontractor agrees to furnish a performance bond wiehin ten days should General Contractor so request in writing, whether before commencing the Sublet Work or at any time before completing the Sublet Work. Such bond shall be in form and with corporate sureties satisfactory to General Contractor, and in such amount as may be specified by General Contractor as adequate to cover performance of the Sublet Work and any damages that may result from the breach of this subcontract. If immediate delivery is required by the Special Provisions, Subcontractor shall pay the premium; If immediate delivery is waived by the Special Provisions, General Contractor shall pay the normal premium if the bond is required by General Contractor at a later date. 20. Subcontractor shall conform to the highest standards of safety practices in performance of the Sublet Work, and, specif ically, shall conform to all safety practices and requirements of Owner or General Contractor. General Contractor's current safety regulations arc attached hereto, or may be inspected at General Contractor's office. 21. The entire agreement between the parties with respect tp tlje work required by the General Contract is expressed in this written Subcontract, and it is agreed that this Subcontract has not been based upon any oral representations, promises or state ments of any one representing any party hereto, and that this agreement is therefore based entirely upon the written documents constituting this Subcontract between the parties, and supersedes all proposals and negotiations not expressly set forth herein. 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 is utilized in conjunction with this Subcontract, it is understood that any printed provisions of such other document have no application and that the printed provisions of this Subcontract form are controlling, but the typewritten or handwritten provisions of such -- Continued on Page 7 -- exx 0013&5 Form BR1-S1 10-67 r Page 7 of 7 other document shall constitute a part hereof and shall be construed with all of the printed, typewritten and handwritten pro* visions hereof. Any requirement shown on the drawings, but omitted from the specifications, or any requirement shown in the specifications but omitted from the drawings shall be considered as being required under this agreement as if set forth in both. 22. All work which is manifestly necessary to carry out the intent of the drawings and specifications pertaining to the Sublet Work or which is customarily done in performing this type of work for the Owner or General Contractor shall be performed by the Subcontractor as a part of the Sublet Work. 23. General Contractor may at any time by a "Change Order" in writing signed by General Contractor's authorised representative and without notice to the sureties on any bond, change or issue additional instructions, change or issue additional specifications and plans, and change, omit or require extra or additional work to be performed by Subcontractor. In such event, General Contractor will have full authority to specify the amount and kind of work to be done, or omitted, the materials to be used, and the equipment to be furnished as fully as though such changes had been set forth in this subcon* tract. When any change order shall authorize extra or additional work. Subcontractor shall make every pffort to complete the sublet work as changed within the time originally agreed upon for completion, the time for completion not being extended unless expressly extended by General Contractor in writing. The General Contractor is authorized to make changes in the work which do not substantially increase the cost of the sublet work without the Subcontractor being entitled to any additional com pensation therefor. If such change orders substantially increase or decrease the cost of the sublet work to Subcontractor, there shall be an increase or decrease in the consideration to subcontractor (1) in accordance with the unit prices specified in this subcontract agreement or, if General Contractor agrees that the unit prices are not applicable, either (2) pursuant to a lump sum proposal acceptable to General Contractor or (3) by the actual direct cost to Subcontractor of such change in the /'"Hblet work plus ten percent thereof, which costs directly related thereto will be supported by approved payrolls and paid voices on additions to the sublet work and by agreed estimates of labor and materials deleted for decreases in the sublet Work. Subcontractor further agrees that no extra work, or changes in the Sublet Work, or in the Subcontract will be recognized or paid for unless agreed to in writing and approved by General Contractor and Owner before such work is done or such changes are made. 24. Subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, or sex. Subcontractor agrees that it will comply with all applicable Federal, State and local Fair Employment Practices Act, or similar Act, Rules and Regulations, and whether or not applicable will comply with the Federal Civil Rights Act of 1964. The terms and provisions of Executive Order 11246 and any Executive Order superseding same, are incorporated herein with respect to any Sublet Work subject thereto. 25. Regardless of any provision hereof or of any approval hereof the Owner is not a party to this Subcontract and the Sub contractor agrees that the Owner is under no obligation to Subcontractor. 26. The pages of this Subcontract consist of Pages 1, 2, 4, 5, 6, 7 end the Safety Regulations. r APPROVED: By:-- (Title) Date:_ (Owner) EXX 001566 IT C 042.2133 Appropriation 61-9341 THIS AGREEMENT, entered into this /? Contract No. G-00-4499"C day of ( 19^9 , by and between HUMBLE OIL & REFINING COMPANY, hereinafter referred to as "Humble," and BROWN & ROOT, INC. , hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein Humble and Contractor agree as follows: I. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform ell work In accordance with the specifications and exhibits listed below, a copy of said specifications and exhibits and of each drawing and Baytown Engineering Standard referred to therein being attached hereto and made a part hereof. Dos I gnat Ion Specifications Title Specifications for Dock Office Building 23 for Humble Oil & Refining Company, Baytown, Texas Date January ), 1969 Exhibit "A" General Specifications February I, 1966 Exhibit "B" Dock Office Building 23 January 15, 1969 Supplement "A" entitled "Fair and Equal Opportunity Clause," is attached and made a pert' hereof. COMPLETION,. Contractor agrees to begin work on or about February 21, 1969, and will make every effort to complete the Contract before May 29. 1969. PAYMENT 2. As consideration for the satisfactory performance and canptetlon of this Contract by Contractor, Hunble agrees to pay Contractor the lump sum of FIFTY-TWO THOUSAND NINE HUNDRED AND N0/100 ($32,900.00) DOLLARS. i EXX 001567 MEMO C Please assign a job number to cover the following: Owner:Humble Oil & Refining Co. Work to be Performed: Construct Dock Office Building #23 at Baytown, Texas Plant f Approximate Amount: $ 521900*00 Our records indicate the next number is 27 5175 Project Manager: Tcta Hunt Building Dept 0. M. Bakken Attached: Copy of Contract No. G-00-4499-C, dated 2/19/69 ) rt \ EXX 001568 942- 3 1 33-1 A c 3. Contractor shall observe all refinery safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations," dated June 1, 1966, a copy of which is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regulations" shall apply to all subcontractors and their employees as well as to the prime contractor and its employees. Contractor shall notify its employees, its sub contractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside Humble's Baytown Refinery until such notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such specifications by Contractor nor Humble's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 4. Although Contractor shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, Humble reserves the right to have an inspector on the job. Any material which Humble considers unsatisfactory shall be re moved and replaced at Contractor's expense. Neither inspection, waiving of inspection, nqr acceptance by Humble shall relieve Contractor of its obligation to furnish all materials and work manship in accordance with specifications. 5. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Humble's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Humble being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and Humble agree as follows: A. Contractor agrees to indemnify and hold Humble harmless from all claims, actions, demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negligence or willful acts of Humble or its employees. (2) From (a) injuries to or deaths of persons, including employees and representa tives of Humble, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Humble and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Con tractor shall not be responsible for damage to Humble's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which result in whole or in part from willful acts or the negligence of Contractor, its employees, agents or sub contractors, in connection with the handling and use of utilities furnished by Humble, except that Contractor shall not be responsible or liable for such damage to Humble's property resulting from fire or explosion. B. In addition Contractor agrees to carry insurance as follows': (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. -2- EXX 001569 942.3 133-2 c(?. (2) Comprehensive General Liability Insurance (including Contractors' Protective Liability when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than S 100,000 for one person injured or killed and, subject to such limit, $100,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $ 100,000 for each accident, and $ 100,000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $ 100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $50,000 for each accident. C. Prior to commencing work hereunder, Contractor shall produce evidence in a form satisfactory to Humble that all insurance required under this agreement is in forde and carried with companies acceptable to Humble and that such insurance will not bet materially altered or cancelled while the work covered hereby is in progress without a reasonable prior written notice to Humble. Upon request of Humble, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Humble shall have the right to procure same and deduct the cost thereof from the consideration to be paid Contractor hereunder. 6. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Humble by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Humble harmless from and against all such claims and liens. 7. Contractor agrees that if, in the opinion of Humble, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or materials for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof, or should not be performing this contract in the manner herein provided, Humble may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Humble should exercise such right, it shall have the right to use all or any part of Contractor's tools or equipment then in use on the job but shall pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by Humble and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Humble, ordinary wear and tear excepted. Should Humble take over the completion of said job, or obtain another contractor to do so Humble shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Humble shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. -v EXX 0l57 642-3133-3 r 8. Contractor agrees that upon the completion by it and acceptance by Humble of the work herein contracted for it will furnish Humble with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Humble to Contractor, subject, however, to the right in Humble to withhold payments in accordance with the provisions of Article 5469, Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Humble that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, Humble, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the value of the work then completed, based upon estimates by Humble's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 9. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire understanding of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 10. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of con stituted authority. 11. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Humble may be required or deems it neces sary to pay such taxes or charges, Contractor agrees to furnish Humble with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Humble on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Humble may be required or deems it necessary to pay. In addition, Humble, at its election, is authorized to deduct all sums so paidTor taxes and governmental charges from any payment due Contractor hereunder. 12. In connection with the work provided for hereunder, Contractor (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to Humble, any such material or equipment which may become defective within one (1) year from Humble's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Humble to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of'Humble's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 13. In the event Humble loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees: a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; -4- EXX 001571 9 42-3 1 33-4 b. That such tools or equipment will be loaned or furnished and accepted by Con tractor without warranty or representation by Humble as to their condition; c. To return such tools or equipment to Humble at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Humble harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 13, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Humble may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by Humble. 14. Humble may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Humble may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Humble desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 2 above, Contractor shall submit to Humble an estimate of such increase or decrease. Should Humble desire to proceed in accord ance with such estimate, Humble shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction therefor. If Contractor has not obtained a Contract Change Order, signed by Humble's appointed representa tive, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. 15. Contractor shall procure Humble's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this contract, and, as between the parties hereto, Contractor shall be and remain liable as if rio such subcontract had been made. No subcontract shall bind or purport to bind Humble but shall contain a provision permitting assignment thereof by Contractor to Humble. 16. It is understood and agreed that Humble may, upon written notice to Contractor, termi nate the work provided for hereunder. In the event of such termination, Contractor shall be reim bursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. BROWN 4 ROOT, INC. ATTEST: SECRETARY 'PRDOtD-CfrT HUMBLE OIL & REFINING COMPANY By .-terraIs mragr Baytown Refinery (GFSpangler) -5- EXX 001572 942.3 I 33>9 CONTRACTOR'S ACKNOWLEDGMENT STATE OF TEXAS 1 COUNTY OF HARRISI Before me, the undersigned authority, on this day personally appeared _ known to me to be the person whose name is subscribed to the foregoing instrument as t JTUt Of r~" * "<=, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said Brwn fr Root, Inc.____________________ ___________________ Given under my hand and seal of office, this the 2/: day of . A. 0., 196 9. (SEAL) Notary Public in and ierf Harris County, Texas ANNEUSA f.. JC\T3 Notary p-Mx in ,rc. ... ~ r . .......... ' -nty. Texa* My Commission E^.rL; June it l9Q ? EXX 001573 342*3 1 3 3*3 ( n HUMBLE'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS \ Before me, the undersigned authority, on this day personally appeared 7/^* ___ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated and as the act and deed of t said Humble Oil & Refining Company. Given under my hand and seal of office, this the /y --day of , A.D., 196J?. r- ANNEL1SA M. JC*"jnty> TwM Notary in My Commission t*P ^ 19 EXX 001574 r February 1, 1966 \ EXHIBIT "A" GENERAL SPECIFICATIONS 1. Contractor has inspected the site and fully understands the nature of the work, the conditions governing the work, and all other local requirements affecting the work. No additional compensation will be allowed for work that could be reasonably anticipated from visible conditions. 2. All work shall conform to generally accepted practice and shall be completed in every detail. In the event of doubt as to the meaning and intent of any portion of the Construction Agreement, Humble shall define that which is intended to apply to the work. 3. Contractor shall maintain the construction site in a neat and presentable condition. 4. Upon completion of the work provided for hereunder and before acceptance and final payment. Contractor shall restore, in a manner acceptable to Humble, all property that has been used or damaged during the prosecution of the work; remove from the jobsite all dismantled and surplus materials, debris, and temporary structures resulting from the work; load and stack all dismantled and Humble-owned surplus materials and debris at a site designated by Humble; and shall leave the jobsite in a neat and presentable condition. Contractor shall obtain instructions from the M-C Contact Man for disposal of any left-over materials, including scrap. 5. Prior to departure from jobsite, Contractor shall obtain the MS-C Contact Man's concurrence that Contractor has completed satisfactorily all work required by the contract. 6. Upon receipt of material furnished by Humble, Contractor shall accept full responsi bility for this material and shall provide suitable protection for this material from deterioration, disappearance and other harm. 7. In the event -Humble furnishes critical path schedules or other job plans to Contractor, the Contractor's responsibility for all work covered by said schedules or plans shall be that specified in the contract. 8. Contractor shall provide its own sanitary facilities, properly secluded from observa tion and maintained by Contractor in a sanitary manner as approved by Humble. 9. Contractor shall provide all temporary buildings necessary for construction purposes. 10. Contractor shall not substitute alternate materials or equipment for those specified without Humble's prior written approval. 11. All costs of welder qualification shall be borne by Contractor unless otherwise specified in the contract of which this Exhibit "A" is made a part. 12. Contractor's work shall be executed so as to cause a minimum of interference with the operation of Humble's equipment. 13. No connection shall be made by Contractor to any of Humble's facilities, such as power lines, pipe lines, sewers, etc., without getting Humble's prior approval of Contractor's connection method, design and time schedule. EXX 001375 542-00 I t. Exhibit "A" (Continued) n 2- - February 1, 1966 V Signing of this agreement constitutes a waiver by Contractor of any restrictive clauses appearing, on drawings, data, or any material submitted by Contractor to Hunble under this agreement; such clauses shall not be binding, nor have any effect upon Humble; Contractor hereby authorizes Humble to nullify, obliterate, or otherwise remove any such restrictive clauses. 15.Various industry and/or national codes and standards may be referred to elsewhere in this contract. The requirements contained in any such codes and standards form a part of this contract in the manner and to the extent indicated. Contractor shall obtain copies of the latest edition of such codes and standards and follow them in the execution of the job. "Latest edition" is defined as the latest published edition as of the date of the contract. 16. Contractor's name shall be placed on all motor driven vehicles and other construction equipment such as welding machines, compressors, etc., used by Contractor, unless waived by the M&C Contact Man. 17. Welding machines shall be furnished with a 12-lb. CO2 or 20-lb. dry chemical type fire extinguisher attached directly to the machine. , 18. Contractor shall work from 7:30 A.M. to 4:00 P.M., Monday through Friday, urtless otherwise specified in the contract of which this is made a part, or unless otherwise approved by the M&C Contact Man. 19. The holidays listed below shall be observed at the Baytown Plants. Contractor shall c not work on these days unless otherwise specified in the contract of which this Exhibit "A." is made a part, or unless otherwise approved by the M&C Contact Man. 0) New Year's Day (2) Good Friday (3) Memorial Day (4) July Fourth (5) Labor Day (6) Thanksgiving Day (7) Christmas Day (8) The day after Thanksgiving, except when Christmas falls on Tuesday or Thursday, in which event the holiday shall be observed on the preceding Monday or the succeeding Friday, respectively. Holidays falling on Saturday and Sunday shall be observed on Friday and Monday, respectively. ( EXX 001576 Supplement "A" Fair and Equal Opportunity Clause Mumble)(R6XX is an Equal Opportunity Employer. This is a subcontract under or a contract for supplies or services required in the performance of Government contracts. It is agreed as a condition of the agreement that: (a) this is a subcontract subject to the rules and regulations approved by the Secretary of Labor under Executive Order 11246 as amended; (b) a copy of the Equal Employment Opportunity Provision of Section 202 of Executive Order 11246 is physically attached and made a part hereof. Contractor shall sign and return this provision to P. 0. Box 4019, Baytown, Texas 77520, attention A. B. O'Brien; (c) by accepting this agreement, Contractor agrees to be bound thereby; and (d) Contractor's Certification of Nonsegregated Facilities is: /__ / (1) physically attached hereto. Contractor shall sign and return this Certification to P. 0. Box 4019, Baytown, Texas 77520, attention _________________ /X / (2) contained in Humble files. G-00-4499-C C:. Equal Employment Opportunity Provision During the performance of this contract the contractor (vendor) agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without re gard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the pro visions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified appli cants will receive consideration for employment without regard to race, religion, color, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, I965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by exec utive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compli ance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government con tracts in accordance with procedures authorized in Executive Order 11246 of September 24, I965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965> or by rule, regulation, or order of the Secretary of Labor, or as otherwise pro vided by law. EXX 001578 C- / Equal Employment Opportunity Provision Page Two (7) The contractor will include the provisions of paragraphs (l) through (7) in every subcontract or purchase order unless exempted by rules, regula tions, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 so that such provi sions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provi sions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contractor acknowledges that he may.be required to file Standard Form 100 (EEO-I) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission and Plans for Progress with Joint Re porting Committee, Federal Depot, Jeffersonville, Indiana, within thirty (30) days of the date of contract award if such report has not been filed for trfe current year and otherwise comply with or file such other compliance reports as may be required under Executive Order 11246, as amended and Rules and Regu lations adopted thereunder. Contractor further acknowledges that he may be required to develop a written affirmative action compliance program as required by the Rules and Regulations approved by the Secretary of Labor under authority of Executive Order 11246 and supply the buyer with a copy of such program if so requested. Dated Humble Oil Refining Company Enjay Chemical Company BROWN & ROOT. INC (Contractor) Bv frl 6 Ti11e Materials Manager EXX 001579 SAFETY, PLANT PROTECTION, AND TRAFFIC REGULATIONS Contractor shall remain an independent Contractor in the performance of the work as called for in the contract and shall observe the Safety, Plant Protection, and Traffic Regulations so as to achieve the results called for therein without persons or property being subjected to unnecessary risks. Contractor shall ensure that all of its employees and employees of its subcontractors working hereunder are informed of the contents of these Regulations. REV. 6-1-66 exx 580 S41-0073- 1 r SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS.................................................................... 2 DEFINITIONS As used herein, the following definitions are applicable: 1. Owner Since Enjay, Humble, and ER&E all have facilities located within the Baytown Refinery -mplex, these three parties have agreed upon these common safety, plant protection, and traffic regulations to be applicable on each corporation's prop erty within said complex. Therefore, for purposes of these Regulations, `Owner' shall mean Enjay, Humble, or ER&E as applicable. 2. Contact Man The Owner's representative assigned to the project by the Mechanical Division of Enjay Chemical Company (CPMD), the Maintenance & Construction Division of Humble Oil & Refining Company, the Maintenance and Construction Foreman of ER&E, or the individual designated by the Technical Divi sion involved on contracts for engineering services. The`Contact Man, on proper request, will arrange for all permits re quired hereunder and will be the normal contact between the Contractor and all of Owner's personnel. 3. Basic Equipment Owner The Enjay Chemical Company, Esso Research and Engineering Company, or Humble Oil & Refining Company representative primarily responsible for the safety of Enjay, ER&E, and Humble personnel and equipment in the area in which the work is to be performed. 4. Plant Enjay Chemical Company's , Esso Research and Engineering Company's, or Humble Oil & Refining Company's Baytown, Texas, facilities or any combination of such facilities on which work is to be performed. 5. Contractor Designates `Contractor,' `Contractor's Sub-Contractors,' and all employees of each. EXX 001581 34J-O07J-2 r, SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS............................................................ 3 SAFETY REGULATIONS 1. AUTHORIZATION TO START WORK Contractor shall not start work until authorized by the Contact Man at the job site. Such authorization does not constitute authority to proceed with any work involving special per mits as outlined below. Contractor shall notify the Contact Man before Sub-Contractors begin work. 2. SMOKING Smoking within the Plant is prohibited, except at locations and times approved by Owner, and Contact Man will obtain the required permission. 3. MATCHES The use of matches, other than safety matches, or the transportation of them into the Plant is prohibited. - < 4. HOT WORK Contractors shall not use open fires or spark-producing equipment or do any `hot work' without a written permit on Form 541-0623 (shown on page 12 hereof) properly filled out and signed by (1) the Basic Equipment Owner in the space marked `Operating Head,' (2) Owner's Gas Tester in the space marked `Inspector' and (3) by the Contractor's authorized r representative in the space marked 'Foreman Doing Work.' Such permits are valid for only the time and date specified on the face of such permit. Owner will assign areas in which Contractor may do `hot work' on a job duration basis and will give short-time permits in other locations when considered safe. Contractors shall stop any `hot work' upon request of any employee of Owner and shall not resume such work until authorized by the Contact Man. Job duration `hot work' permits will be issued in the form of a letter from the Basic Equipment Owner to Contractor, receipt of which shall be acknowledged. Contractor shall' watch for conditions that make the use of `hot work' unsafe, and immediately upon observ ing such conditions, Contractor shall cease such `hot work' and report the condition to the Contact Man. `Hot work' is defined as any work requiring the use of burning or welding equipment, brazing equipment, explosives, open fires, portable grinders or saws, internal combustion engines, soldering irons, non-explosion proof motors, non-explosion proof flood cr string lights, sandblasting or any other flame or spark-producing equipment. 5. TYING INTO EXISTING PIPE LINES OR EQUIPMENT Contractor slnll not open or tie its work into Owner's existing pipe lines or equipment without a written permit on Form 541-1212 (shown on page 12 hereof), `Permit to Open or Blank,' properly signed by Basic Equipment Owner in the space marked `Operating Man.' After a tie-in has been made to Owner's existing lines or equipment, the whole piping or equipment system involved shall be considered the same as Owner's existing lines and equipment and written approval on Form 541-1212, mentioned above, must be obtained from Owner before additional work can be done on any of these lines or equipment, unless a blind, approved by the Contact Man, has been installed separating the lines and equipment being worked on from the remainder of the system. 6. TYING INTO EXISTING SEWERS Contractor shall not open or tie into or work on Owner's sewer system without a written XX 01582 941.0073*3 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS.................................................................... 4 permit on Form 541-1212 (shown on page 12 hereof), `Permit to Open or Blank,' properly signed by the Basic Equipment Owner in the space marked `Operating Man.' After sewers constructed by Contractor have been tied into Owner's sewer system, any `hot work' permit then in effect shall terminate and Contractor shall not perform any `hot work' in the area until a new `hot work' permit has been obtained. 7. WORK ON, ADJACENT TO OR TYING INTO EXISTING ELECTRICAL POWER CIRCUITS AND WORK ON ELECTRICALLY OPERATED EQUIPMENT Under no circumstances shall Contractor work on, adjacent to or connect into Owner's elec trical system or work on Owner's electrically operated equipment without securing prior written permission from Owner in accordance with Owner's `Electrical Tagout Procedures,' dated June 1, 1966. 8. ENTERING `CLASS A' CLOSED CONTAINERS Contractor shall not enter any `Class A' Closed Container, as defined below, without a written permit on Form 541-0751 (shown on page 12 hereof), `Report of Gas Analysis' and 'Fermit to Enter,' properly signed by (1) Owner's Gas Tester, (2) the Basic Equipment Owner in the space marked `Operating Head' and (3) Contractor's authorized representative in the space marked `Foreman Doing Work ' Such permit is valid for only the time and date shown on the face of such permit. `Class A' Closed Container is defined as any closed con tainer in custody and control of Owner which has been in operation. This also includes fur naces, excavations, open top containers and sewers in care, custody and control of Owner where the head of a man working therein is below the top of the vessel, excavation or sewer. 9. WORK INVOLVING THE USE OF IONIZING RADIATION Contractor shall not perform any work involving the use of ionizing radiation without written notification in duplicate to the Owner. Such notification shall include the job reference, state time of entry, the type of ionizing radiation equipment and the strength of the ionizing source. Contractor shall comply with 'Texas Regulations for Control of Radiation,' effec tive March 1, 1963, amended June 14, 1965, Texas State Department of Health, Division of Occupational Health and Radiation Control, Austin, Texas, together with all future amend ments, additions and revisions to said regulations and standards. Owner reserves the right to conduct independent and unannounced radiation surveys of contractor's equipment and its uses on Owner's premises. 10. HOUSEKEEPING At all times the job site shall be kept clean and free from debris, trash, and rubbish. Con tractor shall store all materials in a neat and orderly fashion and shall not store materials within four feet of any fence or along railroad tracks within a distance of seven feet two inches horizontally from the inside edge or twenty-three feet vertically above the top of any rail and shall not construct temporary or permanent structures within this minimum clear ance. Dismantled or surplus materials, trash, and debris (including earth, clay, lumber, concrete, metal, insulation, paper, etc.) that falls from Contractor's vehicles shall be clean ed up by Contractor. 11. REPAIRS OR CHANGES After care, custody and control of the facility constructed by Contractor passes to Owner, no repair or changes shall be made by the Contractor without written approval of Owner. EXX 001583 54 1.0073-4 r: SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS............................................................. 5 12. USE OF LINES OR CONDUITS AS SUPPORTS Contractor shall not use Owner's pipe lines or electrical conduits as supports for loads or for ladders or for scaffolds without authorization from the Contact Man. 13. USE OF STANCHIONS OR EQUIPMENT FOR ANCHORS Contractor shall not use Owner's pipe stanchions or other equipment for attaching snatch blocks, guy lines, or for other services which apply loads on the equipment without written approval of the Contact Man. 14. GUY LINES When it is necessary for Contractor to install guy lines across Owner's electric lines, Contractor shall construct timber guards, of a type approved by Owner, to prevent guylines from coming in contact with the electric lines. No guy lines shall be detached nor buried guy line anchors disturbed without prior approval of the Contact Man. 15. WORKING IN THE VICINITY OF ELECTRIC LINES When it is necessary for a Contractor to operate cranes or derricks in the vicinity of Elec tric lines or to perform any other work so near to such lines that persons or property may be endangered, Contractor shall consult the Contact Man and determine whether the elec tric lines can be de-energized. If the lines cannot be de-energized, Contractor shall install suitable guards to prevent its equipment from coming in contact with the electric wires or cable. Such guards shall be of a type approved by the Contact Man. Contractor shall not proceed with any of such work until such electric lines have been de-energized or until such guards have been installed. 16. EXCAVATIONS All excavations made by the Contractor, except those specifically excluded by the Contact Man, shall be fenced-in or boarded over so as to prevent personnel from slipping or failing into them when moving about the area. 17. MOVING SUSPENDED LOADS Contractor shall not move loads suspended from mobile equipment on Owner's streets with out load being secured to prevent swinging. All chains, cables, ropes, etc., suspended from mobile equipment shall be properly fastened. 18. DAMAGE TO OWNER'S PROPERTY If Contractor damages any of Owner's property, it shall immediately report such damage to the Contact Man. 19. WARNING AND CAUTION SIGNS Contractors shall obey all safety warning signs posted by Owner. EXX 001^84 34 1 -00 7 3-3 4+~' .. o SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS............................................................. 6 20. ENTERING OPERATING UNIT Contractor shall not enter any operating unit or area with motorized equipment without per mission of the Contact Man. Vehicles entering these areas may be required to have sparkproof mufflers or their equivalent. 21. OPERATING OWNER'S EQUIPMENT Contractor shall not operate any of Owner's equipment, such as electric power switches, valves, etc., without prior specific approval of the Contact Man. 22. USE OF SPECIAL VEHICLES No vehicle or piece of equipment having metallic lugged wheels or tracks shall be operated on any hard surface street without adequate protection to the street. No tracked equipment having flat pavement treads shall be operated on a paved street without approval of the Contact Man. 23. WELDING MACHINES I Welding machines shall have a 12-lb. CO2 or 20-lb. dry chemical type fire extinguisher in proper working condition attached directly to the machine. 24. COMPRESSED GAS CYLINDERS Cylinders containing gasses shall not be stored under pipe or power lines. Such bottles shall be properly secured in an upright position when in storage and in use. EXX 001585 54 * .007 3-a 0 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS............................................................. 7 PLANT PROTECTION REGULATIONS 1. PARKING LOCATIONS Parking locations will be designated for each Contractor by Owner. If Contractor desires to park on Owner's property, all parking will be in the lot, or area designated. Posted regulations governing the use of the lot shall be followed. All vehicles on Owner's property will be at the risk of the vehicle owner and Owner accepts no responsibility for paint or other damage to or theft of or from such vehicles. 2. ENTRANCE GATE Owner will designate a gate or gates for the use of Contractor and for the delivery of its material and supplies. Contractor and vehicles serving the Contractor shall use only the designated gate for entrance and exit to and from the Contractor's job site. Contractor will make arrangements so that vehicle drivers will know which refinery gate to enter and the appropriate job site location. 3. WALKS AND ROADWAYS Walks and roadways will be as designated for the use of Contractor when entering dr leav ing the job site, or when moving from one area to another, or when obtaining material from Owner. Contractor shall use only such designated roadways and walks. The use of short cuts or non-designated pathways is prohibited. 4. CONTRACTOR BADGES AND CONTRACTOR PASSES Contractor's employees shall wear that Contractor's badge at all times they are in the Plant. Employees engaged by the Technical Divisions for engineering services will not be required to wear badges. Such badges shall bear the firm's name and each badge shall be numbered with a different number. Contractor shall supply these badges. A Contractor pass, bearing the same number as the badge, shall also be issued to each of Contractor's employees. The Contact Man will issue these passes to Contractor, who, in turn shall issue them to employees. These badges and Contractor passes must be shown to the gate guard each time any employee of Contractor enters or leaves the Plant. Contractor shall return to the Con tact Man all passes upon completion of the job. When Sub-Contractors to the prime Con tractor do not have their own badges, they may use the prime Contractor's badges. 5. USE OF SUB-CONTRACTORS The Contractor shall advise the appropriate Purchasing organization or the appropriate Technical Division in writing prior to starting work as to the Sub-Contractors proposed for use. 6. CAR PASSES Owner will issue car passes to Contractor's personnel who require using a car in con nection with the work. Requests for such passes shall be made to the Contact Man. Contractor's vehicles, which bear the Contractor's name or insignia prominently displayed, will not require a car pass, providing the driver has a badge and Contractor's pass. Such ) vehicles shall be restricted to the use of designated street or streets and Plant entrance exx 341.0073-7 C SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS.................................................................. 8 or entrances assigned for use of Contractor. All equipment on rubber tires, such as mobile cranes, back hoes, air compressors, welding machines, etc., must have Contractor's name prominently displayed when being used by Contractor. 7. MATERIAL PASSES All tools and materials, other than trash, that the Contractor removes from the Plant must be accompanied by a material pass obtained from the Contact Man. The material pass must be completely filled out and must be signed by a designated official of Contractor and the Contact Man. The Contact Man retains one copy, and the original and one copy must ac company the material to the gate. Both copies are to be surrendered to the gate guard. 8. THEFTS Owner accepts no responsibility or liability for the theft of any property or material be longing to Contractor or its employees. It shall be the responsibility of Contractor to fur nish any police protection it deems necessary to supplement the guard and patrol service provided by Owner. Owner maintains an investigative service and will cooperate with Con tractor by assisting in the investigation of all reported thefts within the Plant. Thpfts of property or automobiles from Owner's outside parking lots should be reported to lo^al law enforcement officials. Contractor may obtain forms for reporting thefts from within thfe Plant from the Contact Man. 9. GAMBLING All forms of gambling are prohibited on Owner's property. 10. BUSINESS VISITORS, APPLICANTS, AND DELIVERY TRUCKS Contractor shall furnish the Plant Protection Department with a list of persons who are authorized to pass business visitors, job applicants, new employees and delivery trucks to the job site. The Plant Protection Department will obtain authorization from one of these people before passing such individuals into the Plant. 11. AMBULANCE SERVICE Contractor, when working in Plant, shall make any arrangements Contractor deems neces sary for ambulance service from an outside firm. Requests for an ambulance shall be called in to Owner's telephone extension number 600. Accident location, ambulance Firm and hos pital desired, and Contractor's name shall be given. The Plant Protection Department will escort the ambulance to the scene of the accident. All accidents shall be reported to the Contact Man as soon as possible, whether resulting in injury to person or equipment of Owner or Contractor. 12. INSPECTION OF LUNCH BOXES, PACKAGES, MOTOR VEHICLES, ETC. Guards have the right to inspect lunch containers, packages, bundles, tools, equipment and motor vehicles in the Plant at any time. 13. CAMERAS AND PHOTOGRAPHS Unauthorized individuals will not be permitted to enter the Plant with a camera. When Contractor desires to have photographs taken in the Plant, the Contact Man will obtain the necessary authorization. EXX 01587 941 <007 3*6 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS..............................................................9 ^ 14. LIQUOR AND DRUNKS Any person possessing intoxicating liquors or who is under the influence of such will not be permitted to enter the Plant or loiter on Company property. 15. VISITING AND LOITERING Visiting and loitering by Contractor's employees at or around entrance gates or other places on Owner's property will not be permitted. EXX 001588 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS, TRAFFIC REGULATIONS 10 1. EQUIPMENT REQUIRED ON MOTOR VEHICLES All motor vehicles entering the Plant shall have a horn and a muffler and be in safe oper ating condition. Motor vehicles, operating at night, shall have two headlights and at least one visible red tail light in good condition. Vehicles having dual wheels shall be equipped with suitable flaps on each dual wheel so that objects will not be ejected past the flaps, to the rear, when the vehicle is in motion. 2. DRIVER LICENSE Motor vehicle drivers shall be qualified in accordance with drivers license regulations of the State of Texas. 3. WARNING FLAGS Red flags shall be used on any load that extends beyond the front, side, or rear of any vehicle. t 4. TRAFFIC SIGNS , All traffic signs and signals, whether fixed or portable, shall be obeyed, and drivers must cooperate with Owner's guards and others appointed to direct traffic. 5. SPEED LIMIT All vehicles shall be operated within the Plant's speed limits, which is thirty miles per hour unless otherwise posted. 6. DRIVING AND PARKING Vehicles shall be driven on the right side of the street and parked on the right side of the street except when parking in designated parking areas, or when directed otherwise by traffic signs or during emergencies. Vehicles shall not be parked on streets or roadways in such~a manner as to slow down, hinder, or interfere with the free flow of traffic. Vehicles shall not be parked so as to block or interfere with the use of fire hydrants or fire equip ment. 7. RIGHT-OF-WAY The order of right-of-way in the Plant is as follows: First, ambulance; second, fire-fighting equipment; third, pedestrians; fourth, bicycle riders; and fifth, motor vehicles. Vehicles shall be pulled to one side and shall be brought to a complete stop when approached from either direction by an ambulance or fire equipment. Ordinary driving courtesy shall be prac tised by all drivers of motor vehicles. 8. PASSENGERS a. Passengers shall be limited to a reasonable number determined by Owner and vehicle shall not be over-crowded. EXX 001589 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS. 11 b. Drivers of motor vehicles shall not permit passengers to ride on fenders, running boards, tops or bumpers of motor vehicles. Passengers shall keep all parts of their bodies inside the cab or body of vehicles. c. Passengers shall not get on or off a vehicle while it is in motion. 9. VEHICLES PROHIBITED Motor bicycles or motorcycles are not permitted inside the Plants. 10. WINDSHIELD OR WINDOW OBSTRUCTION Vehicles having non-transparent'materials which interfere with clear visibility through any side window or windshield, shall not be operated in the Plant. All vehicles shall be equip ped with adequate rear view devices. 11. 'CLOSED TO ALL TRAFFIC' SIGNS Areas blocked by traffic barriers are closed to all traffic. 12. OBSTRUCTING STREETS OR ROADS , Contractor shall not block roads or streets without permission from the Contact Man. When Contractor's work obstructs a road or street, Contractor shall provide approved lights, barriers, warning devices or signal men. EXX 001590 pERMfl r 12 page REPORT OF GAS ANALYSIS 54 (-0751 ____ Itlk EXX OFFICE MEMO BROWN & ROOT, INC. C FEBRUARY 2k, 1969 TO THOSE CONCERNED: JOB NO. 27-5175 IS ASSIGNED TO COVER THE CONSTRUCTION OF DOCK OFFICE BUILDING #23 FOR HUMBLE OIL & REFINING COMPANY AT BAYTOWN, TEXAS. BP/JJ JOB TITLE: HUMBLE OIL & REFINING COMPANY - CONSTRUCT DOCK OFFICE BUILDING # 23 AT BAYTOWN, TEXAS. (WORK TO BE PERFORMED BY THE M. L. WOODFIH DEPARTMENT) EXX 001592 HUMBLE O IL & REFINING CO. CONTRACT FILE 27.-5.190 **4 I I c\L f I A . *v.* -- - .wtf . EXX 0 0 1 3 9 4 Brown 3"Root.Inc. Post Office Box Three, Houston, Texas 77001 Jfcna 18, 1969 Mult-A-Prane Corporation % Johnson Construction Specialties, Inc. 2907 Holies Road Houston, Texas 77091 Attention: Mr. A. P. Coolure / Re : Subcontract So. 27 Gentlenen: Attached you will find yonr copy of Subcontract IMtar 27-5190-8 dated Mgr 13 1969. , Subcontract has been duly executed by a enter of our organi zation and is for yonr pemanent file. Very truly yours, Janes L. Bbrthiagtco Purchasing Agent wr:gn Attachneat cc: B. B. Plack 0. M. Batten Harold Sanders Drew Tamer By: V. D. Tellsna (1 v/original attachneat) (2 v/attachnent) (less attachneat) (less attachneat) rvServing Progress Years, 1919-1969 EXX 001595 Form BRl'tl lMl BROWN & ROOT, INC. SUB-CONTRACT Job Number--27-5190 *323 ^ Subcontract No___ 27-5190-Q P. 0. Mn 27-5190-8 THIS AGREEMENT, made this_____ 13fc---------- day of------------ ------------------------------------------------------------- 19_^9 by and between BROWN & ROOT, INC., a Texas Corporation^ ^OOOiijtor^DrWei Houston, Texas, (P. 0. Box 3) hereinafter called the "General Contractor", and'Iohnagn Construction Speclaltlea^ Inc.2 2g07-- Wnlmes Rnftd, telephone:---(713) Zjifl--285fl----------------------------------------------------------------- (Name, StrMt Addrm and Telephone Number) a Tavaa nnrrim-ftt.tnn--------------- -------- _-------- ------------------------------------------------------------- with principal offices at (Girt StAt* at Ineorooratton and wbttbar corporation, partnership, or proprietorship) Houston ____________________________________ State nf Texas__ 77051____________ hereinafter called the "Subcontractor", WITNESSETH WHEREAS, General Contractor has entered into a contract dated--------------------------------------------------------------- with Humble Oil & Refining Company----------------------------------------------------------------------------------------- - hereinafter {Nam* of Ownar) called the "Owner", for the construction of------ Xuhes Control Building 8ll------------------------------------------------- (Nature of construction undar General Contract)* 1 _____________ Baytown,_________ (Cltrl Texas in strict accordance with the General Contract, specifications, schedules, drawings, and general conditions, which are all collectively hereinafter called the "General Contract", and WHEREAS, Subcontractor desires to perform that portion of the work as required by the General Contract, which is described below as "The Sublet Work"; NOW THEREFORE, it is agreed by and between General Contractor and Subcontractor as follows: I. SPECIAL CONDITIONS l. The Sublet Work coneiete of: Furnish all Access Floor Work completely in accordance with the Specifications, dated February 20, 1969, appropriation 28-9216, Referenced Engineering Drawings, Exhibit "A", General Specifications, dated February 1, 1966, Exhibit ."B", dated February 20, 1969, Owner's Safety, Plant Protection and Traffic Regulations, revised June 1, 1966, and the "Special and General Conditions" herein, all of which hereby become a part of this Subcontract. o 2. Tho price for the Sublet Work shell be a firm lump sum total of FIFTEEN THOUSAND SEVER HUNDRED TWENTY FIVE AND NO/lOO DOLLARS ($15,725.00), which includes Texas State and Local Sales or Use Taxes. Continued on Page 2 -- EXX 001596 Page 2 of 7 7) 3. The time of completion of the Sublet Work shell be as provided in paragraph 4 of the General Conditions but not later n..,, the schedules and/or dates set by the General Contractor's Job Superintendent. 4. The performance bond provided for in the General Conditions must be delivered before any payment becomes due to Sub contractor hereunder, unless delivery at this time is waived, immediate Delivery of Bond is: Waived------ Xi----- ; Required------------------ 5. Other special provisions of this subcontract are: (a) Subcontractor must furnish own warehousing and miscellaneous workmen's supplies. (b) All inquiries that the Subcontractor might have concerning this Subcontract must be made through the General Contractor's Job Superintendent and not directly to the Owner. (c) ^'Subcontractor to contact the General Contractor's Job Superintendent to schedule and coordinate this Subcontract. (d) Two copies of the General Contractor's "Affidavit for Subcontractors" are attached. Subcontractor to execute dne copy and return with his final and/or retainage Invoice. (e) Submit shop drawings for approval in six (6) copies by May 21, 1969* o EXX 001597 -- Continued on Page__4-- -- (Page 3 is a numbered hut otherwise blank page for use as a continuation sheet for paragraph 5, if needed. Insert "3" if it is used; otherwise insert "4'' which is the start of General Conditions.) II. GENERAL CONDITIONS 1. A copy of the General Contract has been made available and shall be at all times available for inspection and reference by Subcontractor at General Contractor's office. Upon Subcontractor's written request copies of pertinent portions needed for his daily reference will be supplied. Subcontractor represents that he has read and is familiar with the provisions of the General Contract and that he will comply with all of its provisions applicable to the Subcontract. Subcontractor further represents that he is familiar with the physical conditions and availability of labor and materials in the area of the Sublet Work and all other items affecting the performance of the Sublet Work. General Contractor and Subcontractor agree to be bound by the terms of the General Contract which is hereby made a part of this Subcontract with respect to the Sublet Work and also by the provisions of this Subcontract. As to the Sublet Work, the Subcontractor agrees to be bound to the General Contractor by thfe terms of the General Contract and to assume toward him all of the obligations and responsibilities that the General Contractor by the General Contract assumes toward the Owner, except as expressly provided herein, and General Contractor shall be bound to the Subcontractor by all of the obligations that the Owner assumes to the General Contractor under the General Contract and by all the provisions thereof affording remedies and redress to the General Contractor from the Owner, except as otherwise expressly provided herein. Subcontractor shall have an opportunity to be present and to submit evidence in any arbitration or other proceed ing involving his rights, provided such is agreeable to the Owner. Subcontractor shall make any claim for extras, request for ex tensions of time and claim for damages or otherwise which are authorized by this Subcontract and give any notices provided for in the General Contract or in this Subcontract to the General Contractor in the manner provided in the General Contract for like claims, requests and notices by the General Contractor upon the Owner, except that Subcontractor agrees that any such claims, requests and notices shall be made well enough in advance to allow General Contractor to comply with the requirements of the General Contract and Subcontractor agrees to be bound by the Owner's decision thereon. "S ^ ^ 2. Subcontractor agrees to perform the Sublet Work in a careful and workmanlike manner in accordance with the best con struction practices and this Subcontract, and to furnish all supervision, labor, supplies, tools, equipment, facilities, storage, and materials (except as Owner or General Contractor specifically agrees herein to furnish) and all other things and services necessary or desirable to perform the Sublet Work. General Contractor agrees to pay Subcontractor for the performance of the Sublet Work the amount specified in Para graph 2 of Section l and to make payments, both partial and final, to Subcontractor within ten (10) days after such payments for the Sublet Work are received by Contractor from Owner under the provisions of the General Contract, except that General Con tractor shall retain ten percent (10%) of the amount of each estimate on the Sublet Work until final completion of Subcontractor's work and the balance shall be paid within thirty (30) days after final completion and acceptance of Subcontractor's work by Owner upon a proper invoice submitted by Subcontractor accompanied by an affidavit that all bills for labor, materials, taxes, services and other costs of the Sublet Work have been paid and indemnifying General Contractor therefrom and a release by Sub contractor of any further claims against General Contractor. Payment of any installment may be withheld until Subcontractor furnishes satisfactory proof of payment of all bills for labor, materials, taxes, services and other expenses in connection with the Sublet Work and all claims for changes or extra work have been settled. Until final completion and delivery of the Sublet Work, all funds paid to Subcontractor shall be held in Trust for application solely to payment of laborers, materialmen, fabricators, sub contractors and others furnishing elements of the Sublet Work. Subject to performance by General Contractor of its obligations hereunder, title to all materials, components, fabricated items, and work in process intended for the Sublet Work, and the beneficial interest in all purchase orders or subcontracts therefor shall vest in General Contractor immediately upon delivery to the job site, or identification to this Subcontract, or commencement of fabrication in Subcontractor's or a supplier's shop, or award of a purchase order or subcontract; provided, that this provision shall not relieve Subcontractor of the absolute duty to complete and deliver the Sublet Work in good condition, or any other obligation hereunder. 4. Subcontractor agrees to commence the Sublet Work immediately when instructed and to prosecute same in coordination with the work of others and with sufficient equipment, supervision and manpower to insure completion of each part of 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 time to time; and, in the absence of such instructions from Genera) Contractor or Owner, at the times and in the sequence reasonably necessary 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. In the event Subcontractor be delayed by the Owner, General Contractor, or another contractor 'rforming work on the project, or by the ordering of extra work, General Contractor shall owe Subcontractor only an extension i time and then only if written request therefor is made by Subcontractor within forty-eight (48) hours from the beginning of the delay. 5. If any part of Subcontractor's work depends, for proper execution or results, upon the work of any other contractor, Subcontractor shall inspect the work of the other contractor and promptly report to General Contractor any defects in such work or the performance thereof that adversely affects the proper execution and the obtaining of the desired results of the Sublet Work. Subcontractor's failure to inspect and report, any such defects shall constitute an acceptance of the other contractor's work as fit and properly performed. Su--ontractor shall endeavor to settle by agreement or arbitration all claims asserted by any other subcontractor, materialman, or of person arising from Subcontractor's own acts or omissions, or in any manner relating to the performance of the Sublet Work; and in the event General Contractor or Owner shall be sued on any such claim, Subcontractor shall defend such suit, and pay or satisfy any judgment rendered therein against General Contractor or Owner and pay all costs, including attorneys' fees, incurred by General Contractor or Owner. G. Subcontractor shall, at its own expense, procure all required permits and licenses and pay all fees and charges and give all notices necessary and instant to the due and lawful prosecution of the Sublet Wc-<. Subcontractor shall comply with the re quirements of any deeds and rightsrof-way easement restrictions and any permit requirement and any instructions or regulations of any local, state or federal governmental agency or authority, and with the requirements of any one having the right to control how any portion of the Sublet Work is to be performed; provided, however, that the Sublet Work shall be performed to the satis faction of the General Contractor and Owner. 7. Owner and General Contractor shall have the right to enter upon the site of the Sublet Work for the purposes of inspec tion, accounting, and performing such collateral work as Owner or General Contractor may desire. Subcontractor agrees to furnish all facilities deemed necessary by the General Contractor and Owner for the proper mspection of the Sublet Work and to account to the Owner and General Contractor for any materials furnished by Owner or General Contractor which are being handled by Subcontractor. Subcontractor shall protect the Sublet Work and bear and be liable for all loss or damage of any kind, including -- Continued on Page 5 -- Page 5 of 7 damage by the elements or otherwise to the Sublet Work or to materials or other items furnished by Owner or General Contractor to Subcontractor which may happen at any time prior to the time that Owner accepts the Sublet Work. Subcontractor shall warrant the Sublet Work as provided in the General Contract, and if no warranty is there provided, 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 discovered within one (1) year from the time of acceptance by Owner of ali the work covered by the General Contract. 8. Subcontractor agrees t<r indemnify and to save General Contractor and Owner harmless from and against all claims, suits (including counsel fees and other expenses of suit), whether groundless or not, judgments and awardson account of any damage to property or injury (including death) to person (including any damage or injury to the property orpei?on of any em> ployee of Subcontractor, General Contractor, or Owner) which may be caused or alleged to have been caused in whole or in part by, or which may occur or be alleged to have occurred in connection with, the performance of the Sublet Work; provided that Sub contractor does not hereby assume responsibility for the sole negligence of General Contractor but does assume responsibility where there is concurring negligence of General Contractor and Subcontractor. 9. Subcontractor, notwithstanding the provisions of Paragraph 8, assumes all risks of loss or damage to Subcontractor's tools, equipment or property from any cause including the negligence of Owner, General Contractor, or any other Subcontractor performing work in connection with the work described in the General Contract. In the event General Contractor or Owner loans or furnishes tools or equipment to Subcontractor or permits Subcontractor aboard their vessels in connection with the Sublet Work, Subcontractor agrees (a) to make its own determination before commencing work that such vessels are seaworthy and such tools and equipment are adequate for the safe performance of the work by Subcontractor; (b) that such tools, equipment or vessels are iqaned or furnished and accepted by Subcontractor without warranty or representation by General Contractor or Owner as to their edition; (c) to return such vessels, tools and equipment to General Contractor or Owner at the conclusion of such use in same condition as when received, ordinary wear and tear excepted; and (d) to indemnify and hold General Contractor and Owner harm less from all claims, demands, causes of action, damages and injuries resulting from Subcontractor's use of said vessels, tools and equipment, including any claims, demands, causes of action, damages or injuries resulting from or alleged to result from negligence of General Contractor or Owner, or from the inadequacy or unseaworthiness of said vessels, tools and equipment for the perform ance 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 Work or in respect to the promptness with which the Sublet Work is being performed. Subcontractor has not corrected such deficiencies to the satisfaction of the individual in charge of this job for General Contractor in the field, General Contractor shall have the right to supplement the work of Subcon tractor or to take over completely the performance of the remainder of the Sublet Work either with his own forces or by contract with others. Subcontractor grants General Contractor the option to use all or any part of Subcontractor's tools, equip ment, machinery, materials, and supplies then in use in performing the Sublet Work, and in the event General Contractor elects to use all or any part thereof, no rental shall be paid or given therefor and no credit accrues therefrom except insofar as the lack of any rental charge thus reduces the cost of completing the Sublet Work. Subcontractor also expressly waives any claim which he could assert in connection therewith for use of such equipment in whole or in part on other projects and any profits anticipated thereon during the period such equipment or any portion thereof are so utilized by General Contrac tor in accordance with this provision or any provisions of the General Contract. In the event the cost of supplementing or completing the Sublet Work is more than the amount of money Subcontractor is entitled to on the price basis pro vided herein, Subcontractor agrees to pay to General Contractor upon demand the amount of such excess cost, and in the event such cost of supplementing or completing the Sublet Work is less than the amount of money Subcontractor is entitled to on the price basil specified herein, General Contractor agrees to pay Subcontractor upon demand the amount of such difference between price and cost; provided that if General Contractor shall supplement or complete the work with his own forces, General Contractor may charge Subcontractor with an additional ten (10'//) percent of the cost thereof. This right may be exercised from time to time as deemed proper and may be exercised even prior to the time specified for completion of the Sublet Work, and such exercise shall not be treated as a repudiation of this Subcontract or interference with the Subcontractor in the performance of the Sublet Work, and the exercise of such rights shall not be regarded as relieving Subcontractor of his duties in respect to the performance of the Sublet Work; nor shall the exercise or non-exercise of such right prejudice any other remedy the General Contractor or Owner may have, including, without limitation, those specified the General Contract. Subcontractor agrees that the decision of the job superintendent in exercising the rights provided . r herein shall be final and conclusive but if Subcontractor objects and disputes the judgment of the Job Superintendent he may appeal therefrom, within said 7 day period, to an executive officer of General Contractor designated by the President of General Contractor and the written decision of that designated officer after hearing Subcontractor shall be final absent actual fraud. Sub contractor agrees to cooperate fully with General Contractor and not to complain thereafter of the manner or cost of supple menting or completing the Sublet Work 11. The employees, representatives and agents of Owner and General Contractor shall not have the power to waive any obligations of the agreement between the parties for the performance by the Subcontractor of the Sublet Work in a careful and workmanlike manner as provided herein. No waiver by the Owner or General Contractor of any breach by the Subcontractor of this Subcontract, or of any term or condition thereof (whether such waiver be expressed or implied), shall be deemed to consti tute a waiver of or consent to any subsequent breach of the same or of any other term or condition of this contract. 12. In the performance of the Sublet Work the Subcontractor is an independent contractor with the right to supervise, manage and control the performance ofthe details thereof, General Contractor and Owner being interested only in the results of the same and being entitled to inspect the performance of the Sublet Work by Subcontractor only to the extent necessary to assure such results. 13. Subcontractor shall not subcontract thy Sublet Work or uny portion thereof, nor assign any portion of the monies due or to become due under the Subcontract, without the written consent of General Contractor, and any attempt at such Subcontract or assignment without such consent shall be void. No subcontract shall relieve Subcontractor of his responsibility hereunder. 14. All written notices between the parties shall be by mail, properly stomped, addressed and delivered to the postal authorities, and any such notice shall be effective at midnight of the day during which the notice is so mailed. Such notices shall be addressed to the address shown on page one of this Subcontract, unless written notice has been given of a new address. -- Continued on Page 6 -- EXX 001599 Page 6 of 7 15. Subcontractor shall comply with all applicable laws, ordinances, rules and regulations of any governmental agency hnving jurisdiction, and with all terms and conditions of applicable permits, certificates, leases, restrictions, easements or dedications, and Subcontractor shall indemnify and hold harmless General Contractor and Owner from any fine, penalty, loss, damage or expense resulting from Subcontractor's failure to comply therewith. Subcontractor shall certify that all work is performed in compliance with the provisions of the Fair Labor Standards Act. ](. Subcontractor shall carry and maintain throughout the life of this Subcontract, at its own expense, insurance as specified in the General Contract but not less thun the amounts und coverage herein specified, and shall furnish certificates of such insurance in duplicate to General Contractor before commencing work. Certificates shall bear statement of insurors to the effect that insurance shull not be cancelled, reduced, nor allowed to expire, except upon Ten (10) days written notice delivered to General Contractor by registered mail. In the event Subcontractor sublets any part of the Sublet Work, it shall t>e the duty of the Sui>contrnctor to require that every such Subcontractor comply with the insurance and.other requirements of this Sultcontract. Insurance shall l>e placed with companies acceptable to General Contractor and Owner. Subrogation against General Contractor, Owner and other contractors performing work in connection with the worit described in the General Contract is hereby waived by Subcontractor and the policies shall be endorsed accordingly. The minimum insurance shall be the following amounts and coverage: it a. Workmen's Compensation (If marine operations ore involved, endorsements shall provide maritime coverage including Voluntary-Marine Endorsement, Outer Continental Shelf and U. S. Longshoreman's & Harborworkers Act) b, Comprehensive Public Liability (endorsed to include contractual and completed operations coverage hereunder) Bodily Injury Property Damage Statutory $100,000 per person $300,000 per accident $100,000 per accident c. 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 Full Value Full Value but not less than $200,000 e. Other:. 17. There shall be no change in the unit prices, if any, described in paragraph 2 of Section I of this Subcontract due to any variances between estimated and actual quantities of the Sublet Work, and there shall be due and owing from General Contractor ' . 'y such sums as result from the application of the unit prices, if any, described in that paragraph to the quantities of the Sub- - Work performed for which General Contractor received payment from the Owner. , 18. Subcontractor shall keep the premises under his control neat and orderly at all times and shall remove all trash and debris daily and at the end of the contract. 19. Sul>coiitractor agrees to furnish u performance bond within ten days should General Contractor so request in writing, , whether before commencing the Sublet Work or at any time before completing the Sublet Work. Such bond shall be in form and j with corporate sureties satisfactory to General Contractor, end in such amount as may be specified by General Contractor as adequate to cover performance of the Sublet Work and any damages that may result from the breach of this subcontract. If immediate delivery is required by the Special Provisions, Subcontractor shall pay the premium; If immediate delivery is waived by the Special Provisions, General Contractor shall pay the normal premium if the bond is required by General Contractor at a later date. 20. Subcontractor shall conform to the highest standards of safety practices in performance of the Sublet Work, and, specif ically, shall conform to all safety practices and requirements of Owner or General Contractor. General Contractor's current safety regulations arc attached hereto, or may be inspected at General Contractor's office. l 21. The entire agreement between the parties with respect to the work required by the General Contract is expressed in this written Subcontract, and it is agreed that this Subcontract has not been based upon any oral representations, promises or state ments of any one representing any party hereto, and that this agreement is therefore based entirely upon the written documents constituting this Subcontract between the parties, and supersedes all proposals and negotiations not expressly set forth herein. 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 is utilized in conjunction with this Subcontract, it is understood that any printed provisions of such other document have no application and that the printed provisions of this Subcontract form are controlling, but the typewritten ^or handwritten provisions of such . -- Continued on Page 7 -- EXX 001600 Form BRl-61 1047 r Page 7 of 7 other document shall constitute a part hereof and shall be construed with all of the printed, typewritten and handwritten pro* visions hereof. Any requirement shown on the drawings, but omitted from the specifications, or any requirement shown in the specifications but omitted from the drawings shall be considered as being required under this agreement as if set forth in both. 22. All work which is manifestly necessary to carry out the intent of the drawings and specifications pertaining to the Sublet Work or which is customarily done in performing this type of work for the Owner or General Contractor shall be performed by the Subcontractor as a part of the Sublet Work. 23. General Contractor may at any time by a "Change Order" in writing signed by General Contractor's authorized representative and without notice to the sureties on any bond, change or issue additional instructions, change or issue additional specifications and plans, and change, omit or require extra or additional work to be performed by Subcontractor. In such event, General Contractor will have full authority to specify the amount and kind of work to be done, or omitted, the materials to be used, and the equipment to be furnished as fully as though such changes had been set forth in this subcon tract. When any change order shall authorise extra or additional work, Subcontractor shall make every effort to complete the sublet work as changed within the time originally agreed upon for completion, the time for completion not being extended unless expressly extended by General Contractor in writing. The General Contractor is authorized to make changes in the work which do not substantially increase the cost of the sublet work without the Subcontractor being entitled to any additional com pensation therefor. If such change orders substantially increase or decrease the cost of the sublet work to Subcontractor, there shall be an increase or decrease in the consideration to subcontractor (1) in accordance with the unit prices specified in this subcontract agreement or, if General Contractor agrees that the unit prices are not applicable, either (2) pursuant to a lump sum proposal acceptable to General Contractor or (3) by the actual direct cost to Subcontractor of such change in the blet work plus ten percent thereof, which costs directly related thereto will be supported by approved payrolls and paid rVoices on additions to the sublet work and by agreed estimates of labor and materials deleted for decreases in the sublet *-work. Subcontractor further agrees that no extra work, or changes in the Sublet Work, or in the Subcontract will be recognized or paid for unless agreed to in writing and approved by General Contractor and Owner before such work is done or such changes are made. 24. Subcontractor agrees that it wilt not discriminate against any employee or applicant for employment because of race, color, creed, national origin, or sex. Subcontractor agrees that it will comply with ail applicable Federal, State and local Fair Employment Practices Act, or similar Act, Rules and Regulations, and whether or not applicable will comply with the Federal Civil Rights Act of 1964. The terms and provisions of Executive Order 11246 and any Executive Order superseding same, are incorporated herein with respect to any Sublet Work subject thereto. 25. Regardless of any provision hereof or of any approval hereof the Owner is not a party to this Subcontract and the Sub contractor agrees that the Owner is under no obligation to Subcontractor. 26. The Pages of this Subcontract consist of Pages 1, 2, 4, 5, 6, 7 and The Safety Regulations. APPROVED: By:----(Title). Date:_ (Ownr) BROWN A ROOT, INC. (Title) Woi \Purchasing Agent Mu 11-A-Frame Corporation^ c/o Johnson Construction Specialties, (Subcontractor) Inc. By (Title) EXX 001601 Brown G"Root,Inc. Post Office Box Three, Houston, Texas 77001 June if , 1969 Perlite of Houston, Incorporated P. 0. Box 8386 Houston, Texas 77004 Attention: Mr. R. C. Black Re: Subcontract No. 27 Gent leacn: Attached you will find your copy of Subcontract Humber 27-5190-15 dated 23 May, 1969. This Subcontract has been duly executed by a member of our organization and is for your permanent file. Very truly yours, James L. Worthington Purchasing Agent WDT:gm Attachment cc: R. E. Plack 0. M. Bakken Mel Lynch Drew Parmer By: W. D. Teliman 1 W/original attachment |2 w/attachment} less attachment} |less attachment) Serving Progress Years, 1919-1969 EXX 001602 rA BROWN & ROOT, INC. SUB-CONTRACT Form 8RM1 10-6? Number__ 27-5190.307 (5) Subcontract Nn 27-5190-15 P. 0. Nn. 27-5190-15 THIS AGREEMENT, made this. 23rd .day of. May 19-69 by and between BROWN & ROOT, INC., a Texas Corporation, 4100 Clinton Drive, Houston, Texas, (P. 0. Box 3) hereinafter called the "General Contractor", and Perlite of Houston, Incorporated, P. 0. Box 8366, telephone :__ (713) SP3-2571___________ (Ham*, Street Addraa and Telephone Number) n Texas Corporationwith principal offices at (Give State of incorporation and whether a corporation, partnerahip. or proprietorship) Houston, State ofTexas_________________________________________ 77004 hereinafter called the "Subcontractor", WITNESSETH WHEREAS, General Contractor has entered into a contract datedI__________ with Humble Oil A Refining flruqpany___________________________________________ (Name of Owner) called the "Owner", for the construction of____TilhfiR Control Building fill hereinafter (Nature of construction under General Contract)* l. UtRflyt.nwn,Texas (City) (State) in strict accordance with the General Contract, specifications, schedules, drawings, and general conditions, which are all collectively hereinafter called the "General Contract", and WHEREAS, Subcontractor desires to perform that portion of the work as required by the General Contract, which is described below as "The Sublet Work"; NOW THEREFORE, it is agreed by and between General Contractor and Subcontractor as follows: I. SPECIAL CONDITIONS l. The Sublet Work consists of: Furnish and install all COFAR Roof Deck Work including insulating fill in accordance with Specifications, dated February 20, 1969, Appropriation 28-9216, Referenced Engineering Drawings, Revlsionl, dated May 1, and 2, 1969, Exhibit "A", General Specifications, dated February 1, 1966, Exhibit "B", dated February 20, 1969* Owner's Safety, Plant Protection and Traffic Regulations, revised June 1, 1966, and the "Special and General Conditions" herein, all of which hereby become a part of this Subcontract, 2. The price for the Sublet Work shall be a firm lump sum total Of SEVEN THOUSAND SEVEN HUNDRED THIRTEEN AND NO/lOO ($7713-00), which includes Texas State and Local Sales or Use Taxes. -- Continued on Page 2 -- EXX 001603 t Page 2 of 7 c 3. The time of completion of the Sublet Work shall be as provided in paragraph 4 of the General Conditions but not later ,k.,, the schedules and/or dates set be the General Contractor's Job Superintendent 4. The performance bond provided for in the General Conditions must be delivered before any payment becomes due to Sub contractor hereunder, unless delivery at this time is waived. Immediate Delivery of Bond is: WaivoH X . Required________ 5. Other special provisions of this subcontract are: (a) Subcontractor Shall submit 8hOp drawings for approval in six (6) copies by June 1, 1969* 5 (b) Subcontractor must furnish own warehousing and miscellaneous workmen's supplies. 5 (c) /'"Ml inquiries that the Subcontractor might have concerning this Subc ontract must be made - through the General Contractor's Job Superintendent and not directly to the Owner. 5 (d) Subcontractor to contact the General Contractor's Job Superintendent to schedule and coordinate this Subcontract. 5 (e) Two copies of the General Contractor's "Affidavit for Subcontractors" are attached. Subcontractor to execute one copy and return with his final and/or retalnage invoice. -- Continued on Page_i_ -- (Page 3 is a numbered but otherwise blank page for use as a continuation sheet for paragraph 5, if needed. Insert "3" if it is used; otherwise insert "V which is the start of General Conditions.) EXX 001604 r Page 4 of 7 II. GENERAL CONDITIONS 1. A copy of the General Contract has been made available and shall be at all times available for inspection and reference by Subcontractor at General Contractor's office. Upon Subcontractor's written request copies of pertinent portions needed for his daily reference will be supplied. Subcontractor represents that he has read and is familiar with the provisions of the General Contract and that he will comply with all of its provisions applicable to the Subcontract. Subcontractor further represents that he is familiar with the physical conditions and availability of labor and materials in the area of the Sublet Work and all other items affecting the performance of the Sublet Work. General Contractor and Subcontractor agree to be bound by the terms of the General Contract which is hereby made a part of this Subcontract with respect to the Sublet Work and also by the provisions of this Subcontract. As to the Sublet Work, the Subcontractor agrees to be bound to the General Contractor by the terms of the General Contract and to assume toward him all of the obligations and responsibilities that the General Contractor by the General Contract assumes toward the Owner, except as expressly provided herein, and General Contractor shill be bound to the Subcontractor by all of the obligations that the Owner assumes to the General Contractor under the General (Contract and by all the provisions thereof affording remedies and redress to the General Contractor from the Owner, except as otherwise expressly provided herein. Subcontractor shall have an opportunity to be present and to submit evidence in any arbitration or other proceed ing involving his rights, provided such is agreeable to the Owner. Subcontractor shall make any claim for extras, request for ex tensions of time and claim for damages or otherwise which are authorized by this Subcontract and give any notices provided for in the General Contract or in this Subcontract to the General Contractor in the manner provided in the General Contract for like claims, requests and notices by the General Contractor upon the Owner, except that Subcontractor agrees that any such claims, requests and notices shall be made well enough in advance to allow General Contractor to comply with the requirements of the General Contract and Subcontractor agrees to be bound by the Owner's decision thereon. 2. Subcontractor agrees to perform the Sublet Work in a careful and workmanlike manner in accordance with the best con struction practices and this Subcontract, and to furnish all supervision, labor, supplies, tools, equipment, facilities, storage, and materials (except as Owner or General Contractor specifically agrees herein to furnish) and all other things and services necessary or desirable to perform the Sublet Work. 3. General Contractor agrees to pay Subcontractor for the performance of the Sublet Work the amount specified in Para graph 2 of Section I and to make payments, both partial and final, to Subcontractor within ten (10) days after such payments for the Sublet Work are received by Contractor from Owner under the provisions of the General Contract, except that General Con tractor shall retain ten percent (10%) of the amount of each estimate on the Sublet Work until final completion of Subcontractor's work and the balance shall be paid within thirty (30) days after final completion and acceptance of Subcontractor's work by Owner upon a proper invoice submitted by Subcontractor accompanied by an affidavit that all bills for labor, materials, taxes, services and other costs of the Sublet Work have been paid and indemnifying General Contractor therefrom and a release by Sub contractor of any further claims against General Contractor. Payment of any installment may be withheld until Subcontractor furnishes satisfactory proof of payment of all bills for labor, materials, taxes, services and other expenses in connection with the Sublet Work and all claims for changes or extra work have been settled. Until final completion and delivery of the Sublet Work, all funds paid to Subcontractor shall be held in Trust for application solely to payment of laborers, materialmen, fabricators, sub contractors and others furnishing elements of the Sublet Work. Subject to performance by General Contractor of- its obligations hereunder, title to all materials, components, fabricated items, and work in process intended for the Sublet Work, and the beneficial interest in all purchase orders or subcontracts therefor shall vest in General Contractor immediately upon delivery to the job site, or identification to this Subcontract, or commencement of fabrication in Subcontractor's or a supplier's shop, or award of a purchase order or subcontract; provided, that this provision shall not relieve Subcontractor of the absolute duty to complete and deliver the Sublet Work in^ good condition, or any other obligation hereunder. 4. Subcontractor agrees to commence the Sublet Work immediately when instructed and to prosecute same in coordination with the work of others and with sufficient equipment, supervision and manpower to insure completion of each part of 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 time to time; and, in the absence of such instructions from General Contractor or Owner, at the times and in the sequence reasonably necessary to avoid delay in the performance of the work required by the General Contract at whatever rate of progress General Contractor >ay make in performing the work. In the event Subcontractor be delayed by the Owner, General Contractor, or another contractor Srforming work on the project, or by the ordering of extra work, General Contractor shall owe Subcontractor only an extension df time and then only if written request therefor is made by Subcontractor within forty-eight (48) hours from the beginning of the delay. 5. If any part of Subcontractor's work depends, for proper execution or results, upon the work of any other contractor. Subcontractor shall inspect the work of the other contractor and promptly report to General Contractor any defects in such work or the performance thereof that adversely affects the proper execution and the obtaining of the desired results of the Sublet Work. Subcontractor's failure to inspect and report any such defects shall constitute an acceptance of the other contractor's work as fit and properly performed. Subcontractor shall endeavor to settle by agreement or arbitration all claims asserted by any other subcontractor, materialman, or other person arising from Subcontractor's own acts or omissions, or in any manner relating to the performance of the Sublet Work; and in the event General Contractor or Owner shall be sued on any such claim, Subcontractor shall defend such suit, and pay or satisfy any judgment rendered therein against General Contractor or Owner and pay all costs, including attorneys' fees, incurred by General Contractor or Owner. 6. Subcontractor shall, at its own expense, procure all required permits and licenses and pay all fees and charges and 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 instructions or regulations of any local, state or federal governmental agency or authority, and with the requirements of any one having the right to control how any portion of the Sublet Work is to be performed; provided, however, that the Sublet Work shall be performed to the satis faction of the General Contractor and Owner. 7. Owner and General Contractor shall have the right to enter upon the site of the Sublet Work for the purposes of inspec tion, accounting, and performing such collateral work as Owner or General Contractor may desire. Subcontractor agrees to furnish all facilities deemed necessary by the General Contractor and Owner for the proper inspection of the Sublet Work and to account to the Owner and General Contractor for any materials furnished by Owner or General Contractor which are being handled by Subcontractor. Subcontractor shall protect the Sublet Work and bear and be liable for all loss or damage of any kind, including - Continued on Page 5 - EXX 001605 damage by the elements or otherwise to the Sublet Work or to materials or other items furnished by Owner or General Contractor to Subcontractor which may happen at any time prior to the time that Owner accepts the Sublet Work. Subcontractor shall warrant the Sublet Work as provided in the General Contract, and if no warranty is there provided, 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 discovered within one (1) year from the time of acceptance by Owner of all the work covered by the General Contract. B. Subcontractor agrees to* indemnify and to save Genera) Contractor and Owner harmless from and against all claims, suits (including counsel fees and other expenses of suit), whether groundless or not, judgments and awards on account of any damage to property or injury (including death) to person (including any damage or injury to the property or person of any em ployee of Subcontractor, General Contractor, or Owner) which may be caused or alleged to have been caused in whole or in part by, or which may occur or be alleged to have occurred in connection with, the performance of the Sublet Work; provided that Sub contractor does not hereby assume responsibility for the sole negligence of General Contractor but does assume responsibility where there is concurring negligence of General Contractor and Subcontractor. * 9. Subcontractor, notwithstanding the provisions of Paragraph 8, assumes all risks of loss or damage to Subcontractor's tools, equipment or property from any cause including the negligence of Owner, General Contractor, or any other Subcontractor performing work in connection with the work described in the General Contract. In the event General Contractor or Owner loans or furniahea tools or equipment to Subcontractor or permits Subcontractor aboard their vessels in connection with the Sublet Work, Subcontractor agrees (a) to make its own determination before commencing work that such vessels are seaworthy and such tools and equipment are adequate for the safe performance of the work by Subcontractor; (b) that such tools, equipment or vessels are ^"'qaned or furnished and accepted by Subcontractor without warranty or representation by General Contractor or Owner as to their ` >ndition; (c) to return such vessels, tools and equipment to General Contractor or Owner at the conclusion of such use in same condition as when received, ordinary wear and tear excepted; and (d) to indemnify and hold General Contractor and Owner harm less from all claims, demands, causes of action, damages and injuries resulting from Subcontractor's use of said vessels, tools and equipment, including any claims, demands, causes of action, damages or injuries resulting from ov alleged to result from negligence of General Contractor or Owner, or from the inadequacy or unseaworthiness of said vessels, tools and equipment for the perform ance 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 Work or in respect to the promptness with which the Sublet Work is being performed, Subcontractor has not corrected such deficiencies to the satisfaction of the individual in charge of this job for General Contractor in the field, Genera] Contractor shall have the right to supplement the work of Subcon tractor or to take over completely the performance of the remainder of the Sublet Work either with his own forces or by contract with others. Subcontractor grants General Contractor the option to use all or any part of Subcontractor's tools, equip ment, machinery, materials, and supplies then in use in performing the Sublet Work, and in the event General Contractor elects to use all or any part thereof, no rental shall be paid or given therefor and no credit accrues therefrom except insofar as the lack of any rental charge thus reduces the cost of completing the Sublet Work. Subcontractor also expressly waives any claim which he could asaert in connection therewith for use of such equipment in whole or in part on other projects and any profits anticipated thereon during the period such equipment or any portion thereof are so utilized by General Contrac tor in accordance with this provision or any provisions of the General Contract. In the event the cost of supplementing or completing the Sublet Work is more than the amount of money Subcontractor is entitled to on the price basis pro vided herein, Subcontractor agrees to pay to General Contractor upon demand the amount of such excess cost, and in the event such cost of supplementing or completing the Sublet Work is less than the amount of money Subcontractor is entitled to on the price basis specified herein, General Contractor agrees to pay Subcontractor upon demand the amount of such difference between price and cost; provided that if General Contractor shall supplement or complete the work with his own forces, General Contractor may charge Subcontractor with an additional ten <10`A) percent of the cost thereof. This right may be exercised from time to time as deemed proper and may be exercised even prior to the time specified for completion of the Sublet Work, and such exercise shall not be treated as a repudiation of this Subcontract or interference with the Subcontractor in the performance of the Sublet Work, and the exercise of such rights shall not be regarded as relieving Subcontractor of his duties in respect to the performance of the Sublet Work; nor shall the exercise or non-exercise of such right prejudice any other remedy the General Contractor or Owner may have, including, without limitation, those specified the General Contract. Subcontractor agrees that the decision of the job superintendent in exercising the rights provided v jr herein shall be final and conclusive but if Subcontractor objects and disputes the judgment of the Job Superintendent he may appeal therefrom, within said 7 day period, to an executive officer of General Contractor designated by the President of General Contractor and the written decision of that designated officer after hearing Subcontractor shall be final absent actual fraud. Sub contractor agrees to cooperate fully with General Contractor and not to complain thereafter of the manner or cost of supple menting or completing the Sublet Work. 11. The employees, representatives and agents of Owner and General Contractor shull not have the power to waive any obligations of the agreement between the parties for the performance Iry the Subcontractor of the Sublet Work in a careful and workmanlike manner as provided herein. No waiver by the Owner or General Contractor of any breach by the Subcontractor of this Subcontract, or of any term or condition thereof (whether such waiver be expressed or implied), shall be deemed to consti tute a waiver of or consent to any subsequent breach of the same ov of any other term or condition of this contract. 12. In the performance of the Sublet Work the Subcontractor is an independent contractor with the right to supervise, manage and control the performance ofthe details thereof, General Contractor and Owner being interested only in the results of the same and being entitled to inspect the performance of the Sublet Work by Subcontractor only to the extent necessary to assure such results. 13. Subcontractor shall not subcontract the Sublet Work or any portion thereof, nor assign uny portion of the monies due or to become due under the Subcontract, without the written consent of General Contractor, and any attempt at such Subcontract or assignment without such consent shall l>e void. No subcontract shall relieve Subcontractor of his responsibility hereunder. 14. All written notices between the parties shall lie by mail, properly stamped, addressed and delivered to the postal authorities, and any such notice shall be effective at midnight of the day during which the notice is so moiled. Such notices shall be addressed to the address shown on page one of this Subcontract, unless written notice^has been given of a new address. -- Continued on Page 6 -- EXX 0016O6 /l r Page 6 of 7 IS. Subcontractor nhall comply with all applicable laws, ordinances, rules and regulations of any governmental agency having jurisdiction, and with ail terms and conditions of applicable permits, certificates, leases, restrictions, casements or dedications, and Subcontractor shall indemnify and hold hurmless General Contractor and Owner from any fine, penalty, loss, damage or expense resulting from Subcontractor's failure to comply therewith. Subcontractor shall certify that all work is performed in compliance with the provisions of the Fair Labor Standards Act. 1(3, Subcontractor shall carry und maintain throughout the life of this Subcontract, at its own expense, insurance as specified in the General Contract but not less than the amounts and coveruge herein specified, and shall furnish certificates of such insurunce in duplicate to General Contractor before commencing work. Certificates shall bear statement of insurors to the effect that insurance shall not be cancelled, reduced, nor allowed to expire, except upon Ten (10) days written notice delivered to General Contractor by registered mail. In the event Subcontractor sublets any part of the Sublet Work, it shall be the duty of the Subcontractor to require that every such Subcontractor comply with the insurance and`other requirements of this Subcontract. Insurance shall be placed with companies acceptable to General Contractor and Qwner Subrogation ugoinst Generul Contractor, Owner and other contractors performing work in connection with the work described in the General Contract is hereby waived by Subcontractor and the policies shall be endorsed accordingly. The minimum insurance shall be the following amounts und coverage: r a. Workmen's Compensation (If marine operations are involved, endorsements shall provide maritime coverage including Voluntary-Marine Endorsement, Outer Continental Shelf and U. S. Longshoreman's & Harborworkers Act) b. Comprehensive Public Liability (endorsed to include contractual and completed operations coverage hereunder) Bodily Injury Property Damage Statutory $100,000 per person $300,000 per accident $100,000 per accident c. 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 Full Value Full Value but not less than $200,000 e. Other:,* j 17. There shall be no change in the unit prices, if any, described in paragraph 2 of Section I of this Subcontract due to any ^^ariances between estimated and actual quantities of the Sublet Work, and there shall be due and owing from General Contractor v ly such sums as result from the application of the unit prices, if any, described in that paragraph to the quantities of the Subret Work performed for which General Contractor received payment from the Owner. , 16. Subcontractor shall keep the premises under his control neat and orderly at all times and shall remove all trash and debris daily and at the end of the contract. i \ 19. Subcontractor agrees to furnish u performance bond within ten days should General Contractor so request in writing, 5 whether before commencing the Sublet Work or at any time before completing the Sublet Work. Such bond shall be in form and , with corporate sureties satisfactory to General Contractor, and in such amount as may be specified by General Contractor as adequate to cover performance of the Sublet Work and any damuges that may result from the breach of this subcontract. If immediate delivery is required by the Special Provisions, Subcontractor shall pay the premium; If immediate delivery is waived by the Special Provisions, General Contractor shall pay the normal premium if the bond is required by General Contractor at a luter date. 20. Subcontractor shall conform to the highest standards of safety practices in performance of the Sublet Work, and, specif ically, shall conform to all safety practices and requirements of Owner or General Contractor. General Contractor's current safety regulations are attached hereto, or may be inspected at General Contractor's office. 21. The entire agreement between the parties with respect to the work required by the General Contract is expressed in this written Subcontract, and it is agreed that this Subcontract has not been based upon any oral representations, promises or state ments of any one representing any party hereto, and that this agreement is therefore based entirely upon the written documents constituting this Subcontract between the parties, and supersedes all proposals and negotiations not expressly set forth herein. 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 is utilized in conjunction with this Subcontract, it is understood that any printed provisions of such other document have no application and that the printed provisions of this Subcontract form are controlling, but the typewritten or handwritten provisions of such -- Continued on Page 7 -- exx ei&7 4 r Fora BRl-tl 10-47 Page 7 of 7 other document shall constitute a part hereof and shall be construed with all of the printed, typewritten and handwritten pro visions hereof. Any requirement shown on the drawings, but omitted from the specifications, or any requirement shown in the specifications but omitted from the drawings shall be considered as being required under this agreement as if set forth in both. 22. All work which is manifestly necessary to carry out the intent of the drawings and specifications pertaining to the Sublet Work or which is customarily done in performing this type of work for the Owner or General Contractor shall be performed by the Subcontractor as a part of the Sublet Work. 23. General Contractor may at any time by a "Change Order" in writing signed by General Contractor's authorized representative and without notice to the sureties on any bond, change or issue additional instructions, change or issue addi tional specifications and plans, and change, omit or require extra or additional work to be performed by Subcontractor. In such event, General Contractor will have full authority to specify the amount and kind of work to be done, or omitted, the materials to be used, and the equipment to be furnished as fully as though such changes had been set forth in this subcon tract. When any change order shall authorize extra or additional work, Subcontractor shall make everyt effort to complete the sublet work as changed within the time originally agreed upon for completion, the time for completion not being extended unless expressly extended by General Contractor in writing. The General Contractor is authorized to make changes in the work which do not substantially increase the cost of the sublet work without the Subcontractor being entitled to any additional com pensation therefor. If such change orders substantially increase or decrease the cost of the sublet work to Subcontractor, there shall be an increase or decrease in the consideration to subcontractor (1) in accordance with the unit prices specified in this subcontract agreement or, if General Contractor agrees that the unit prices are not applicable, either (2) pursuant to a lump sum proposal acceptable to General Contractor or (3) by the actual direct cost to Subcontractor of such change in the blet work plus ten percent thereof, which costs directly related thereto will be supported by approved payrolls and paid r^ voices on additions to the sublet work and by agreed estimates of labor and materials deleted for decreases in the sublet work. Subcontractor further agrees that no extra work, or changes in the Sublet Work, or in the Subcontract will be recognized or paid for unless agreed to in writing and approved by General Contractor and Owner before such work is done or such changes are made. 24.Subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, or sex. Subcontractor agrees that it will comply with all applicable Federal, State and local Fair Employment Practices Act, or similar Act, Rules and Regulations, and whether or not applicable will comply with the Federal Civil Rights Act of 1964. The termB and provisions of Executive Order 12246 and any Executive Order superseding same, are incorporated herein with respect to any Sublet Work subject thereto. 26. Regardless of any provision hereof or of any approval hereof the Owner is not a party to this Subcontract and the Sub contractor agrees that the Owner is under no obligation to Subcontractor. 26. The Pages of this Subcontract consist of Pages 1, 2, k, 5, 6, 7 and the Safety Regulations. r APPROVED: By:-- (Title). Date (Owner) BROWN & ROOT, INC. EXX 001&6 Form BRl>61 ll>.7 BROWN & ROOT, INC. Page 1 of 7 SUB-CONTRACT Job Number 27-5190.327 (5) Subcontract No__27-5190-14 P. 0. No. 27-5190-14 THIS AGREEMENT, made this___ 15th----------- day of-------------------- May-------------------------------------------19-69by and between BROWN & ROOT, INC., a Texas Corporation, 4100 Clinton Drive, Houston, Texas, (P. 0. Box 3) hereinafter called the "General Contractor", and__ Robert D. Straus Company. P. 0. Box 2544,___ _____ 4000 Leeland. telephone ; (713) 227-9164 (Name, 8trwt Addreu nd Telephone Number) n Texas Corporationwith principal offices at (Glee State of Incorporation end whether corporation, partnership, or proprietonbip) Houston________________________________________ State ofTexas 77001, hereinafter called the "Subcontractor", WITNESSETH WHEREAS, General Contractor has entered into a contract dated!, with Bumble Oil & Refining Company_________________________________________________________ hereinafter (Name of Owner) called the "Owner", for the construction of___ lubes Control Building 8ll , (Nature of construction under General Contract)* 1 tBaytown.Texas (City) (State) in strict accordance with the General Contract, specifications, schedules, drawings, and general conditions, which are all collectively hereinafter called the "General Contract", and WHEREAS, Subcontractor desires to perform that portion of the work as required by the General Contract, which is described below as "The Sublet Work"; NOW THEREFORE, it is agreed by and between General Contractor and Subcontractor as follows: I. SPECIAL CONDITIONS l. The Sublet Work consists of: Detail, furniah, fabricate,=dellver, unload, Install, test, and balance all Heating, Ventilating and Air Conditioning work in accordance with the Specifications, dated February 20, 1969s Appropriation 28-9216, Referenced Engineering Drawings Exhibit "A", General Specifications, dated February 1, 1966, Exhibit "B", dated February 20, 1969, Owner's Safety, Plant Protection and Traffic Regulations, revised June 1, 1966, and the "Special and General Conditions" herein, all of which hereby become a part of this Subcontract. 2. The price for the Sublet Work shall be a firm lump sum total of FORTY THREE THOUSAND EIGHT HUNDRED NINETEEN AND NO/lOO DOLLARS ($43,819.00), which includes Texas State and Local Sales or Use Taxes but excludes the reimbursable fee charge for the required $43,819.00 Payment and Performance Bonds, (invoice fee charge separately.) -- Continued on Page 2 -- EXX 00161 Page 2 of 7 ( 3. The time of completion of the Sublet Work shall be as provided in paragraph 4 of the General Conditions but not later the schedules and/or dates set bv the General Contractor's Job Superintendent. 4. The performance bond provided for in the General Conditions must be delivered before any payment becomes due to Sub contractor hereunder, unless delivery at this time is waived. Immediate Delivery of Bond is: Waived; Required X 6. Other special provisions of this subcontract are: (a) Before COOKQenciUg work and before this Subcontract becomes effective, the Subcontractor shall furnish the General Contractor with his Certificate of Insurance and the required $^3,819-00 Payment and Performance Bonds. ' <b) Subcontractor must furnish own warehousing and miscellaneous workmen's supplies. ( (c) All inquiries that the Subcontractor might have concerning this Subcontract must be made through the General Contractor's Job Superintendent and not directly to the Owner. (d) Subcontractor to contact the General Contractor's Job Superintendent to schedule and coordinate this Subcontract. (e) Subcontractor shall submit Shop Drawings for approval in six (6) copies by June 1, 1969* i i -- Continued on Page_k_ -- (Page 3 is a numbered but otherwise blank page for use as a continuation sheet for paragraph 5, if needed. Insert "3" if it is used; otherwise insert "4" which is the start of General Conditions.) EXX 001811 r Page 4 of 7 II. GENERAL CONDITIONS 1. A copy of the Genera! Contract has been made available and shall be at all times available for inspection and reference by Subcontractor at Genera! Contractor's office. Upon Subcontractor's written request copies of pertinent portions needed for his daily reference will be supplied. Subcontractor represents that he has read and is familiar with the provisions of the General Contract and that he will comply with all of its provisions applicable to the Subcontract. Subcontractor further represents that he is familiar with the physical conditions and availability of lalwr and materials in the area of the Sublet Work and all other items affecting the performance of the Sublet Work. General Contractor and Subcontractor agree to be bound by the terms of the General Contract which is hereby made a part of this Subcontract with respect to the Sublet Work and also by the provisions of this Subcontract. As to the Sublet Work, the Subcontractor agrees to be bound to the General Contractor by the terms of the General Contract and to assume toward him all of the obligations and responsibilities that the General Contractor by the General Contract assumes toward the Owner, except as expressly provided herein, and General Contractor sh^ll be bound to the Subcontractor by all of the obligations that the Owner assumes to the General Contractor under the General Contract and by all the provisions thereof affording remedies and redress to the General Contractor from the Owner, except as btherwise expressly provided herein. Subcontractor shall have an opportunity to be present and to submit evidence in any arbitration or other proceed ing involving his rights, provided such is agreeable to the Owner. Subcontractor shall make any claim for extras, request for ex tensions of time and claim for damages or otherwise which are authorised by this Subcontract and give any notices provided for in the General Contract or in this Subcontract to the General Contractor in the manner provided in the General Contract for like claims, requests and notices by the Genera] Contractor upon the Owner, except that Subcontractor agrees that any such claims, requests and notices shall be made well enough in advance to allow General Contractor to comply with the requirements of the General Contract and Subcontractor agrees to be bound by the Owner's decision thereon. 2. Subcontractor agrees to perform the Sublet Work in a careful and workmanlike manner in accordance with the best con struction practices and this Subcontract, and to furnish all supervision, labor, supplies, tools, equipment, facilities, storage, and materials (except as Owner or General Contractor specifically agrees herein to furnish) and all other things and services necessary or desirable to perform the Sublet Work. 3. General Contractor agrees to pay Subcontractor for the performance of the Sublet Work the amount specified in Para graph 2 of Section I and to make payments, both partial and final, to Subcontractor within ten (10) days after such payments for the Sublet Work are received by Contractor from Owner under the provisions of the General Contract, except that General Con tractor shall retain ten percent (10%) of the amount of each estimate on the Sublet Work until final completion of Subcontractor's work and the balance shall be paid within thirty (30) days after final completion and acceptance of Subcontractor's work by Owner upon a proper invoice submitted by Subcontractor accompanied by an affidavit that all bills for labor, materials, taxes, services and other costs of the Sublet Work have been paid and indemnifying General Contractor therefrom and a release by Sub contractor of any further claims against General Contractor. Payment of any installment may be withheld until Subcontractor furnishes satisfactory proof of payment of all bills for labor, materials, taxes, services and other expenses in connection with the Sublet Work and all claims for changes or extra work have been settled. Until final completion and delivery of the Sublet Work, all funds paid to Subcontractor shall be held in Trust for application solely to payment of laborers, materialmen, fabricators, sub contractors and others furnishing elements of the Sublet Work. Subject to performance by General Contractor of- its obligations hereunder, title to all materials, components, fabricated items, and work in process intended for the Sublet Work, and the beneficial interest in all purchase orders or subcontracts therefor shall vest in General Contractor immediately upon delivery to the job site, or identification to this Subcontract, or commencement of fabrication in Subcontractor's or a supplier's shop, or award of a purchase order or subcontract; provided, that this provision shall not relieve Subcontractor of the absolute duty to complete and deliver the Sublet Work in good condition, or any other obligation hereunder. 4. Subcontractor agrees to commence the Sublet Work immediately when instructed and to prosecute same in coordination , with the work of others and with sufficient equipment, supervision and manpower to insure completion of each part of 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 time to time; and, in the absence of such instructions from General Contractor or Owner, at the times and in the sequence reasonably necessary to avoid delay in the performance of the work required by the General Contract at whatever rate of progress General Contractor * --make in performing the work. In the event Subcontractor be delayed by the Owner, General Contractor, or another contractor Performing work on the project, or by the ordering of extra work. General Contractor shall owe Subcontractor only an extension j[ -of time and then only if written request therefor is made by Subcontractor within forty-eight (48) hours from the beginning of the delay. ! 5. If any part of Subcontractor's work depends, for proper execution or results, upon the work of any other contractor, Subcontractor shall inspect the work of the other contractor and promptly report to General Contractor any defects in such work < or the performance thereof that adversely affects the proper execution and the obtaining of the desired results of the Sublet Work. Subcontractor's failure to inspect and report any such defects shall constitute an acceptance of the other contractor's work | as fit and properly performed. Subcontractor shall endeavor to settle by agreement or arbitration all claims asserted by any other subcontractor, materialman, or other person arising from Subcontractor's own acts or omissions, or in any manner relating to the performance of the Sublet Work; and in the event General Contractor or Owner shall be sued on any such claim, Subcontractor shall defend such suit, and pay or satisfy any judgment rendered therein against General Contractor or Owner and pay all costs, including attorneys' fees, incurred by General Contractor or Owner. 6. Subcontractor shall, at its own expense, procure all required permits and licenses and pay all fees and charges and 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 instructions or regulations of any local, state or federal governmental agency or authority, and with the requirements of any one having the right to control how any portion of the Sublet Work is to be performed; provided, however, that the Sublet Work shall be performed to the satis faction of the General Contractor and Owner. Owner and General Contractor shall have the right to enter upon the site of the Sublet Work for the purposes of inspec tion, accounting, and performing such collateral work 89 Owner or General Contractor may desire. Subcontractor agrees to furnish all facilities deemed necessary by the General Contractor and Owner for the proper inspection of the Sublet Work and to account to the Owner and General Contractor for any materials furnished by Owner or General Contractor which are being handled by Subcontractor. Subcontractor shall protect the Sublet Work and bear and be liable for all loss or damage of any kind, including -- Continued on Page 5 -- EXX 001618 damage by the elements or otherwise to the Sublet Work or to materials or other items furnished by Owner or General Contractor to Subcontractor which may happen at any time prior to the time that Owner accepts the Sublet Work. Subcontractor shall warrant the Sublet Work as provided in the General Contract, and if no warranty is there provided, 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 discovered within one (1) year from the time of acceptance by Owner of all the work covered by the Genera! Contract. 8. Subcontractor agrees to- indemnify and to save General Contractor and Owner harmless from and against all claims, suits (including counsel fees and other expenses of suit), whether groundless or not, judgments and awards on account of any damage to property or injury (including death) to person (including any damage or injury to the property or person of any em* ployee of Subcontractor, General Contractor, or Owner) which may be caused or alleged to have been caused in whole or in part by, or which may occur or be alleged to have occurred in connection with, the performance of the Sublet Work;tprovided that Sub contractor does not hereby assume responsibility for the sole negligence of General Contractor but does assume responsibility where there is concurring negligence of General Contractor and Subcontractor. 9. Subcontractor, notwithstanding the provisions of Paragraph 8, assumes all risks of loss or damage to Subcontractor's tools, equipment or property from any cause including the negligence of Owner, General Contractor, or any other Subcontractor performing work in connection with the work described in the General Contract. In the event General Contractor or Owner loans or furnishes tools or equipment to Subcontractor or permits Subcontractor aboard their vessels in connection with the Sublet Work, Subcontractor agrees (a) to make its own determination before commencing work that such vessels are seaworthy and such tools and equipment are adequate for the safe performance of the work by Subcontractor; (b) that such tools, equipment or vessels are y'-Naned or furnished and accepted by Subcontractor without warranty or representation by General Contractor or Owner as to their V andition; (c) to return such vessels, tools and equipment to Genera! Contractor or Owner at the conclusion of such use in same condition as when received, ordinary wear and tear excepted; and (d) to indemnify and hold General Contractor and Owner harm less from all claims, demands, causes of action, damages and injuries resulting from Subcontractor's use of said vessels, tools and equipment, including any claims, demands, causes of action, damages or injuries resulting from or alleged to result from negligence of General Contractor or Owner, or from the inadequacy or unseaworthiness of said vessels, tools and equipment for the perform ance 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 Work or in respect to the promptness with which the Sublet Work is being performed, Subcontractor has not corrected such deficiencies to the satisfaction of the individual in charge of this job for General Contractor in the field, General Contractor shall have the right to supplement the work of Subcon tractor or to take over completely the performance of the remainder of the Sublet Work either with his own forces or by contract with others. Subcontractor grants General Contractor the option to use all or any part of Subcontractor's tools, equip ment, machinery, materials, and supplies then in use in performing the Sublet Work, and in the event General Contractor electa to use all or any part thereof, no rental shall be paid or given therefor and no credit accrues therefrom except insofar as the lack of any rental charge thus reduces the cost of completing the Sublet Work. Subcontractor also expressly waives any claim which he could assert in connection therewith for use of such equipment in whole or in part on other projects and any profits anticipated thereon during the period such equipment or any portion thereof are so utilized by General Contrac tor in accordance with this provision or any provisions of the General Contract. In the event the cost of supplementing or completing the Sublet Work is more than the amount of money Subcontractor is entitled to on the price basis pro vided herein, Subcontractor agrees to pay to General Contractor upon demand the amount of such excess cost, and in the event such cost of supplementing or completing the Sublet Work is less than the amount of money Sul>contractor is entitled lo on the price basts specified herein, General Contractor agrees to pay Subcontractor upon demand the amount of such difference between price and cost; provided that if Genera) Contractor shall supplement or complete the work with his own forces, General Contractor may charge Subcontractor with an additional ten (10'/) percent of the cost thereof. This right may be exercised from time to time as deemed proper and may be exercised even prior to the time specified for completion of the Sublet Work, and such exercise shall not be treated as a repudiation of this Subcontract or interference with the Subcontractor in the performance of the Sublet Work, and the exercise of such rights shall not be regarded as relieving Subcontractor of his duties in respect to the performance of the Sublet Work; nor shall the exercise or non-exercise of such right prejudice any other remedy the General Contractor or Owner may have, including, without limitation, those specified the General Contract. Subcontractor agrees that the decision of the job superintendent in exercising the rights provided or herein shall be final and conclusive but if Subcontractor objects and disputes the judgment of the Job Superintendent he may appeal therefrom, within said 7 day period, to an executive officer of General Contractor designated by the President of General Contractor and the written decision of that designated officer after hearing Subcontractor shall be final absent actual fraud. Sub contractor agrees to cooperate fully with General Contractor and not to complain thereafter of the manner or cost of supple menting or completing the Sublet Work. 11. The employees, representatives and agents of Owner and General Contractor shall not have the power to waive any obligations of the agreement between the parties for the performance by the Subcontractor of the Sublet Work in o careful and workmanlike manner as provided herein. No waiver by the Owner or General Contractor of any breach by the Subcontractor of this Subcontract, or of any term or condition thereof (whether such waiver be expressed or implied), shall be deemed to consti tute a waiver of or consent to any subsequent breach of the same or of any other term or condition of this contract. 12. In the performance of the Sublet Work the Subcontractor is an independent contractor with the right to supervise, manage and control the performance of the details thereof, General Contractor and Owner being interested only in the results of the same and being entitled to inspect the performance of the Sublet Work by Subcontractor only to the extent necessary to assure such results. 13. Subcontractor shall not subcontract the Sublet Work or uny portion thereof, nor assign any portion of the monies due or to become due under the Subcontract, without the written consent of General Contractor, and any attempt at such Subcontract or assignment without such consent shall he void. No subcontract shall relieve Subcontractor of his responsibility hereunder. 14. All written notices between the parties shall l>e by mail, properly stamped, addressed and delivered to the postal authorities, and any such notice shall beeffective at midnight of the day during which the notice is so mailed. Such notices shall be addressed to the address shown on page one of this Subcontract, unless written notice has been given of a new address. -- Continued on Page 6 -- EXX 001613 r- Page 6 of 7 15. Sulicontractor shall comply with all applicable lows, ordinances, rules and regulations of any governmental agency having jurisdiction, and with all terms and conditions of applicable permits, certificates, leases, restrictions, easements or dedications, and Subcontractor shall indemnify and hold harmless General Contractor and Owner from any fine, penalty, loss, damage or expense resuiting from Subcontractor's failure to comply therewith. Subcontractor shall certify that all work is performed in compliance with the provisions of the Fair Labor Standards Act. hi. Subcontractor shall carry und maintain throughout the life of this Subcontract, at its own expense, insurance as specified in the General Contract but not less thun the amounts and coverage herein specified, and shall furnish certificates of such insurance in duplicate to General Contractor before commencing work. Certificates shall bear statement of insurors to the effect that insurance shall not !>e cancelled, reduced, nor allowed to expire, except upon Ten (10) days written notice delivered to General Contractor by registered mail. In the event Subcontractor sublets any part of the Sublet Work, it shall lie the duty of the Subcontractor to require that every such Subcontractor comply with the insurance and other requirements of this Subcontract. Insurance shall be placed with companies acceptable to General Contractor and Owner. Subrogation against Generul Contractor, Owner and other contractors performing work in connection with the work described in the General Contract is hereby waived by Subcontractor and the policies shall be endorsed accordingly. The minimum insurance shall be the following amounts and coverage: a. Workmen's Compensation (If marine operations are involved, endorsements shall provide maritime coverage including Voluntnry-Marine Endorsement, Outer Continental Shelf and U. S. Longshoreman's & Harborworkers Act) Statutory b. Comprehensive Public Liability (endorsed to include contractual and completed operations coverage hereunder) Bodily Injury Property Damage $100,000 per person $300,000 per accident $100,000 per accident c. 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 Full Value Full Value but not less than $200,000 e. Other:. 17. There shall be no change in the unit prices, if any, described in paragraph 2 of Section I of this Subcontract due to any fiances between estimated and actual quantities of the Sublet Work, and there shall be due and owing from General Contractor v'ly such sums as result from the opplication of the unit prices, if any, described in that paragraph to the quantities of the Sub let Work performed for which General Contractor received payment from the Owner. 18. Subcontractor shall keep the premises under his control neat and orderly at all times and shall remove all trash and debris daily and at the end of the contract. l'J. Subcontractor agrees to furnish u performance bond within ten days should General Contractor so request in writing, whether before commencing the Sublet Work or at any time before completing the Sublet Work. Such bond shall be in form and with corporate sureties satisfactory to General Contractor, and in such amount as may be specified by General Contractor as adequate to cover performance of the Sublet Work and any damages that may result from the breach of this subcontract. 1? immediate delivery is requited Dy the Special Provisions, Subcontractor shall pay the premium; If immediate delivery is waived by the Special Provisions, General Contractor shall pay the normal premium if the bond is required by General Contractor at a later date. 20. Subcontractor shall conform to the highest standards of safety practices in performance of the Suhlet Work, and, specif ically, shall conform to all safety practices and requirements of Owner or General Contractor. General Contractor's current safety regulations are attached hereto, or may be inspected at General Contractor's office. 21. The entire agreement between the parties with respect to the work required by the General Contract is expressed in this written Subcontract, and it is agreed that this Subcontract has not been based upon any oral representations, promises or state ments of any one representing any party hereto, and that this agreement is therefore based entirely upon the written documents constituting this Subcontract between the parties, and supersedes all proposals and negotiations not expressly set forth herein. 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 is utilized in conjunction with this Subcontract, it is understood that any printed provisions of such other document have no application and that the printed provisions of this Subcontract form are controlling, but the typewritten^or handwritten provisions of such -- Continued on Page 7 -- EXX 001614 Form BRM1 KMT r Page 7 of 7 other document shall constitute a part hereof and shall be construed with all of the printed, typewritten and handwritten pro visions hereof. Any requirement shown on the drawings, but omitted from the specifications, or any requirement shown in the specifications but omitted from the drawings shall be considered as being required under this agreement as if set forth in both. 22. All work which is manifestly necessary to carry out the intent of the drawings and specifications pertaining to the Sublet Work or which is customarily done in performing this type of work for the Owner or General Contractor shall be performed by the Subcontractor as a part of the Sublet Work. 23. General Contractor may at any time by a "Change Order" in writing signed by General Contractor's authorized representative and without notice to the sureties on any bond, change or issue additional instructions, change or issue addi tional specifications and plans, and change, omit or require extra or additional work to be performed by Subcontractor. In such event, General Contractor will have full authority to specify the amount and kind of work to be done, or omitted, the materials to be used, and the equipment to be furnished as fully as though such changes had been set forth in this subcon tract. When any change order shall authorise extra or additional work. Subcontractor shall make every pffort to complete the sublet work as changed within the time originally agreed upon for completion, the time for completion not being extended unless expressly extended by General Contractor in writing. The General Contractor is authorized to make changes in the work which do not substantially increase the cost of the sublet work without the Subcontractor being entitled to any additional com pensation therefor. If such change orders substantially increase or decrease the eost of the sublet work to Subcontractor, there shall be an increase or decrease in the consideration to subcontractor (1) in accordance with the unit prices specified in this subcontract agreement or, if General Contractor agrees that the unit prices are not applicable, either (2) pursuant to a lump sum proposal acceptable to General Contractor or (3) by the actual direct cost to Subcontractor of such change in the ,/''">*blet work plus ten percent thereof, which costs directly related thereto will be supported by approved payrolls and paid t voices on additions to the sublet work and by agreed estimates of labor and materials deleted for decreases in the sublet work. Subcontractor further agrees that no extra work, or changes In the Sublet Work, or in the Subcontract wilt be recognized or paid for unless agreed to in writing and approved by General Contractor and Owner before such work is done or such changes are made. 24. Subcontractor agrees that It will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, or sex. Subcontractor agrees that it will comply with all applicable Federal, State and local Fair Employment Practicea Act, or similar Act, Rules and Regulations, and whether or not applicable will comply with the Federal Civil Rights Act of 1964. The terms and provisions of Executive Order 11246 and any Executive Order superseding same, are incorporated herein with respect to any Sublet Work subject thereto. 26. Regardless of any provision hereof or of any approval hereof the Owner is not a party to this Subcontract and the Subcontractor agrees that the Owner is under no obligation to Subcontractor. 26. The Pages of this Subcontract consist of Pages 1, 2, k, 5, 6, 7 and. the Safety Regulations.* I n BROWN & ROOT, INC. (Title)------|W. A, Harbaugh, Vice-Pres. I Robert D. Straus Company |P. O. Box 2544 Houston, Texas 77001 EXX 001615 Brown & Root, inc. r. 77-7/9# Co^M/uiclcrV) POST OFFICE BOX 9, HOUSTON. TEXAS 77001 CABLE AOORZSS; aaOWNSIUT j 2-12-70 Contract L -00-6521 -C Humble Oil Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. N. C. Foote i Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE #14 ' #15 #16 #is #19 AMOUNT $ 52.29 26S.92 51.97 56.57 112.66 FIELD CHANGE' 1 ,1 ; ' (* .1 AMOUNT l ! ! Total This change $ 562.41 Very truly yours, BROWN & ROOT, INC. iI Attachment (5) ~0 fAZ/UiL. Obs -V~ f> t-. P. M. Weaver 27-5190 CONTRACT CHANGE ORDER NO____ UL CONTRACT NO./r^J - V-5~-?/-c- DATFn- ADDITION/(DSTESWN) ? 7 */--?, V- / Humble Oil' & Refining Ccaommppa.n..y,.: APPROVED: j MGO DATE: I EXCCEHPTSL PROJ. ENG^js^^E^^firOVVNER:. 9 EXX 001616 ?$ >rown ^Rootsnc. Post Office Box Three, Houston, Texas 77001 February 13, 1970 Humble Oil & Refining Company Pose Office Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien 1 'I j RE: Design Change No. 13 Contract No. L-0Q-4521-C .Lubes Control Center Bldg. 811 B&R Job No. 27-5190 ` > Gentlemen: We are performing the additional work required to install and connect Owner's electrical equipment in accordance with Humble Design Change No. 13, dated 1-6-70, transmitted by your letter dated January 8, 1970, and request the additional lump sum amount of Four Thousand Four Hundred Sixty Nine and 00/100 Dollars ($4,469.00). j Our cost breakdown is attached. Please give us your Change Order adding the above sum to the contract amount. !i Very truly yours, BROWN & ROOT, INC. i TAH:br Attachment >m A. Hunt^ Manager Building Department CONTRACT CHANGE ORDER NO___ CONTRACT DATED: i2_ i i EXX 001617 Brown ^Rootinc. Post Office Box Three, Houston, Texas 77001 Humble Oil & Refining Company Post Office Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien antiary -23 1970---- ---- -- CONTRACT CHANGE ORDER NO.._/_S_______ CONTRACT NoA'&~ ^^'^riATFn- 4-2 - /, / ADDITION/ (SSESiSNi *7 f V. Humble Oil & Refinim APPROVED:. luXo____________ DATE: #T A/* I c\ XT) PROJ. END: nWM~P- RE: Electrical Changes Contract No. L-00-4521-C Lubes Control Center Bldg. 811 B&R Job No. 27-5190 Gentlemen: In September and early October, 1969, we were requested to perform certain electrical work shown on the original Drawings 10-102-28 dated 9-1-69 and 10-35-79, Revision 0, dated 10-9-69, which work was not included in the original plans and specifications. 1. This work involves conduits to transfer switches, radio, telephone cabinet, A/C units, 480 V. power to building and installing 5 #C-21-8 Benjamin light fixtures for a total lump sum additional cost of Five Thousand One Hundred Twenty-two and no/100 Dollars ($5,122.00). -2. Also, we were requested to pay the vendor (Wholesale Electric Supply Co.) for installing two (2) ASCO #906-105A3340 transformer switches in two (2) motor control centers. This additional cost, including state sales taxes and a 57. handling cost amounts to the lump sum additional cost of Eight Hundred Fifteen and no/100 Dollars ($815.00). Our cost breakdown of the sum of Item 1 is attached. Please give us your Change Order(s) adding the above sums to the Contract amount. Very truly yours. TAH:mlp cc: Job Supt. Ccn. Supt. Serving Progress Years, 1919*1909 EXX '-- Src~~ ' & Root, inc. nyt?{ j Co/uU^^uou POST Office BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESSi BROWNS l LT Contract L -00- 4521^c Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. N.C. Foote . Gentlemen: Enclosed are the field changes listed below. It is requested tha a contract change order be issued accordingly. FIELD'CHANGE AMOUNT 02 $154.00 03 81.70 04 128.97 05 659.26 0.6 69.27 07 196.53 08 90.67 09 199.45 010 61.13 011 61.22 012 138.43 013 215.67 Total This change $ ' 2,056.30 FIELD CHANCE AMOUNT Very truly yours, BROWN & ROOT, INC. '7M. P. M. Weaver Job No. 27-5190 CONTRACT CHANGE ORDER NO___ ./#CONTRACT Nn^'flQ'^^'^nATFrv ADDITION/ tnn rriftN)- s ^__________ Humble Oil & Refinin oriipany; APPROVED:- UlP AaaaaJi's'us- DATE: . PROJ. ENG Wt(J OWNER:. EXX 001619 Brown O'Root.lnC. Post Office Box Three, Houston, Texas 77001 December 10, 1969 f Humble Oil & Refining Company Pose Office Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien RE: Design Change Mo. 12 Contract Mo. L-00-4521-C Change in Kitchen Cabinets Lubes Control Center Bldg. 8li B&R Job No. 27-5190 Gentlemen: As outlined in your Design Change No. 12, dated December 4, 1969, we will add plastic laminated finish to the exposed surfaces of the kitchen cabinets, including all edges and both sides of the flush doors, allowing credit for using fir plywood in lieu of birch for the exposed surfaces, and allowing credit for face painting, for the additional sum of Five Hundred Fifty-Nine and no/100 Dollars($559.00). If this revision is to be accepted, please give us your Change Order adding the above sum to the Contract amount. Very truly yours, BROWN & ROOT, INC. ; TAH:mlp 3ger Building Department CONTRACT CHANGE ORDER NO- /- CONTRACT NO.L-HQl. YjSZIzSrDATFD:.. 9 Atior,!::,:;:.';;3 in C;v!-.r../.. ADDITION/ (erSSSpJj $ Humo'a C;i Rs:'ir.in3 Cousp;.jiyj APPROVED:. DATE: ),~} j..L?1 EXCERPTS_Z2_ PPOJ. ENG: -Scmttg'TnJjr'ttr __________ J-2 - 3-C- 9 .. * 7 9 ?<- M-JO.-&9...............' <o v 1-- H--~ 4 4o9* EXX 001620 r Post Office Box Three, Houston, Texas 77C01 November 20, 1969 Humble Oil & Refining Company Post Office Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien RE: Design Change No. 11' . Contract No. L-00-4521-C Lubes Control Center Bldg. 811 B&R Job No. 27-5190 Gentlemen: We propose to perform the additional work required to install the 4" sewer lines in accordance with Humble Drawing No. 10-38-8, Rev. 4, dated 11/12/69, for the lump sum amount of One Thousand Ten and no/100 Dollars ($1,010.00). If this revision is to be accepted, please advise as soon as practical and give us your change order adding the above sum to the Contract amount. Very truly yours, BROWN & ROOT, INC. TAH:mlp Building Department j CONTRACT CHANGE ORDER NO. /-'R.' ---------- ! CONTRACT No/jfi?- ^'iZ-lSr DATED: ' ADDITION/ <?.! Humble Oil & Refining-Company: ^APPROVED: ! ^R^TS. DATE: /V<r PROJ. rNG-Zi/r. TOWNER:. EXX 01&21 Brown ^Rool!ncf Post Office Box Three, Houston, Texas 77001 October 6, 1969 Humble Oil & Refining Company Post Office Box 4019 Baytown, Texas 77520 Attention: hr. A. B. O'Brien RE: Design Change No. 8 , Contract No. L-0C-4521-C t Lubes Control Center Bldg. 8lT B&R Job No. 27-5190 Gentlemen: We propose to perform the additional work required to install the 440 Volt Electrical Service in accordance with Humble Drawing No. 10-102-23, Rev. 1, dated 9/26/69, per cost breakdown attached, for the lump sum amount of Seven Thousand Two Hundred Ten and no/100 Dollars ($7,210.00). If this revision is to be accepted, please advise as soon as practical and give us your change order adding the above sum to the Contract amount. Very truly yours, BROWN & ROOT, INC. TAH:mlp Attachment Tom A. Hunt, Manager Building Department CONTRACT CHANGE ORDER NO__ CONTRACT ND^ '0 0 - A^SW-CnATcry ADDITION / (C-Z-ruTIOM) $ ? O' / 6. C~ Humble Oil & Refining Company- APPROVED <E&XC?ERoPTS DATE:. Mi. i^PROJ. dw.mfr- Serving Progress d> Yc.irs, 191,9-19< // \ EXX 001622 r Brown G'RoolSnc, Post Office Box Three, Houston, Texas 77001 \ September 16, 1969 Humble Oil & Refining Company Post Office Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Reference: Design Change No. 7 Contract No. L-00-4521-C Lubes Control Center Bldg. 811 B&R Job No. 27-5190 t We propose to perform the additional work required by revi sions shown on the drawings included with Design Change No. 7, dated 9-10-69 for the additional lump sum amount of Three Hundred Twenty and no/100 Dollars ($320.00). { This work involves the placing of thinwall conduct sleeves, wireway and pipe sleeves through the concrete shear walls, because building design will not allow normal passage of the mechanical and electrical services between the building areas. Please give us your change order adding the above sum to the contract amount. Very truly yours, BROWN & ROOT, INC. Tom A. Hunt, Manager ____________________=,Building.-Dcpartmeat - )NTRAC CHANGE ORDER NO_____ /..O------------ i TAH:sam' CONTRACT NO./:,?g- ^DATED:-^. ZdzjLl. ADDITION/ ^ ^ .. ------------------- Humble Oil & Refining Company: Vx.l vSs APPROVED: 40 A { EXCEXPTbxT .sSJYo r; PROJ. ENG:{Uy-ifoVVNEn: _. Serving Progress Year., 1919-19C9 EXX 991623 Brown "Root Inc. Post Office Box Three, Houston, Texas 77001 "V September 4, 1969 Humble Oil & Refining Company Post Office Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien RE: Design Change No. 4 Contract No. L-QQ-4521-C Lubes Control Center Bldg. 811 >. B&R Job No. 27-5190 Gentlemen: We propose to perform the additional work required to install the 12" industrial sewer crossing Humble Street west of Hockley in accordance with Humble Drawing No. 612-140-1544, dated 6/30/69, per cost breakdown attached, for the lump sum amount of Three Thousand Two Hundred EightyNina and no/100 Dollars ($3,289.00). If this revision is to be accepted, please advise as soon as practical and give us your change order adding the above sum to the contract amount. Very truly yours, BROWN & ROOT, INC. TAH:mlp Attachment Too A. Hunt, Manager Building Department CONTRACT CHANGE ORDER NO. .. . CONTRACT Nr/'C3' 44b".V/-CnATFn- 'bcj AOD.'TION/ (DSLFaSAfr Humbie Oil & Refinjng Company: APPROVED: /.W-V.J PROJ. rp- HATF /&/ ' , ty "77'0 'N * R:. r, i- \j Serving Progress Yc.irs, 1`Jl 0-V)09 EXX 001624 { \ Brown & Root, snc. C&?idiuc&yu POST OFFICE SOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROVKNBILT August 11, 1969 Humble Oil & Refining Company Pose Office 3ox 4019 Baytown, Texas 77520 Attention: Mr. A..B. O'Brien Reference: Design Change Mo. 5 Contract Mo. L-00-452l-*C Lubes Control Center Bldg. B&R Job No. 27-5190 811 Gentlemen: ',ie will make the changes in the air conditioning condensing units and evaporator units as outlined in Items 1 and 2 of Design Change No. 5 and DEDUCT from the contract amount the sun of Two Thousand Seven Hundred TwentyFive and no/100 Dollars ($2,725.00). Please give us your change order deducting the above sum from the contract amount. Very truly yours, BROWN & ROOT, INC. TAK:mlp Tom A. Hunt, Manager Building Department ; CONTRACT CHANGE OROER no . ^ *j ; CONTRACT mlrS9r.9SS.i-c. DATED,__o> ? OS OlSC-T/Ort rrrr-. . $ <3, ~7~7. TT oO Humble Oil & Refining Company: f V. I APPROVED:... A \ ____________ \^p^> DAV:--2_kdai!ivJl \ V-t) | I pu'O i r-rjf vC /t'.w /.-.............- 1 EXX 001625 Brown & Root,inc. &nyo7ic&ij Coibxlzuc&yi*) POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT August 11, 1969 Humble Oil & Refining Company Pose Office Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Reference: Design Change No. 6 Contract No. L-00-4521-C Lubes Control Center Bldg. 3&R Job No. 27-5190 Sll Gentlemen: * We propose to perform the additional work required by revisions shown on the drawings included with Design Change No. 6, dated 8-4-69 for the additional lump sum amount of Five Thousand Four Hundred Five and no/100 Dollars ($5,405.00). This work involves the addition of a high pressure condensate disposal system shown as Revision 3, dated 8-1-69 on Drawing 10-32-13; the addition of the pressure reducing valve assembly; and the added 20' outside air stack with 3/8" drilled plate blast baffle, sheetmatal hood, etc., detailed as Revision 1, dated 8-1-69 on Drawing 10-32-14. Please give us your change order adding the above sum to the contract amount. Very truly yours, BROWN & ROOT , INC. TAH:mlp /v Tom A. Hunt, Manager Building Department ( CONTRACT CHANGeToRDER NO_______ I CONTRACT NO L'OQ- `tSU-C DATED | ADDITION / ----------- ------ Humble Oil & Refining. Company. APPROVED: O -t-t-w PpP DATE: I HROJ. EXX 001626 Brown Cj ROOT, INC. CcnidStucZb^J POST OPPICI SOX S. HOUSTON. TEXAS 77001 CABLE AOORESS: SROWNBiLT August 11, 1969 Humble Oil & Refining Company Post Office Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Reference: Design Change No. 3 Contract No. L-00-452L*C Lubes Control Center Bldg. B&R Job No. 27-5190 S1L Gentlemen: We propose to perform the additional work required by revisions shown on drawings 10-32-13, Revision 2, and 10-33-8, Revision 2 for Design Change No. 3 for the lump sum amount of Two Hundred Fifty-Four and no/100 Dollars ($254.00). , Please give us your change order adding the above sum to the contract amount. Very truly yours, BROWN & ROOT,INC. TAH:mlp Tom A. Hunt, Manager 3uilding Department CONTRACT CHANGE ORDER NO.. CONTRACT NO. /-oo~ 3/- ^DATrrv ADDITION/ ' EXX 001627 BROvVM Si ROOT^INC. &n^vne<s?J Co7idiiic&yirj POST OFFICE BOX S. HOUSTON, TEXAS 77001 CABLE AOOBE33, BROWNBILT Contract L -00-4521 -c 8-1-69 Job 27-5190 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. N. C. Foote Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE n AMOUNT $554.04 FIELD CHANGE AMOUNT Total This change $ 554.04 Very truly yours, BROWN & ROOT, INC. P. M. Weaver Attachment (1) CONTRACT CHANGE ORDER NO. CONTRACT un/-'<0 '</}>/'C DATEO.^ . ADDITION/ (3 S jT'-'T </-0 </ Humble Oil & R4 Vs*-IfiIn <ing, Ccm QLAPPROVED 9a r*xA^> *ztr- EXCERPTS ZXJLPROJ. Fi-1P, yjnR: EXX 001628 (;. r Brown 81 Root, inc. -At- cbruiSzuc&yM Ac Co POST OFFICE SOX 3. HOUSTON. TEXAS 77001 CABLE AODftESS. BftOWNBILT June 15, 1969 0'/.c- Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Reference: Contract No. L-00-4521-C Lubes Control Center Bldg. 811 Gentlemen: Regarding telephone conversation with Mr. E. G. Warren, we pro pose to furnish additional labor, form materials, and supervision necessary to do all poured-in-place wall forming at one time in an effort to save approximately twenty-five (25) working days in building construction time, for the additional lump sum amount of Fourteen Thousand Two Hundred Eighty-Eight and no/100 Dollars ($14,288.00). Please advise verbally if this addition is going to be accepted, because we need to get form materials ordered and on the job in order to maintain continuity in job progress. ' Very truly yours. TAH:sara _CuWr? Q &/(</> Tom A. Hunt, Manager Building Department CONTRACT CHANGE ORDER NO. -f/-. y-y-- CONTRACT Nn 2/-C QATEDf ADDITION/ (SnSwrl) $ Humble Oil & Refining Company: APPROVED: Jr/A K A.., -------------- J/? ?/TE:- PROJ. ENG ^^i^OWNER:. T-r'.Trrr' .i; H Attachments Included in Change Ordpr i/i'1; 1 ,,0 \i Letter a%/(<} Amount fJaJfi t? \6-/"69 -a/, -/S" *7 /V, 1- tc. io !r Total ^ ?L< EXX S' IV Y B & R , .rown oot inc Gn^cneefoi Ccnidfauc&yitl POST OFFICE BOX S. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT June 18, 1969 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Reference: Contract NO. L-00-4521-C Lubes Control Center Bldg. 811 Gentlemen: We propose to substitute Enjay's Nevamar Starlite ST-6-1 Lami nated Floor Tile on the access floor panels in lieu of the vinyl abestos resilient tile specified, for the additional lump sum amount of One Thousand Sixty Four and no/100 Dollars ($1,064.00). If this revision is to be accepted, please give us your change order adding the above sum to the Contract amount. Very truly yours, TAH:sam Building Department fCONTRACT CHANGE ORDER NO.--1 l CONTRACT NO/,^- ^ -j^-DATED:--& ! addition/ (eetsssi) %/,, 4- I Humble Oil &. Re`ffiinning C.oomrnppaenny: APPROVED: SZS7g-Cs'Ct. txCEKPTS^fe- PROJ. //-- 7 ; /u //Li 7?* $ EXX 001630 -A- Brown 8i ROOT,INC. /nyvneeU Condl'iucZbvj POST OFTICC BOX S. HOUSTON. TEXAS 77001 * CABLE ADDRESS: BftOWNBILT Humble Oil & Refining Company P. 0. 3ox 4019 Baytown, Texas 77520 j CONTRACT CHANGE ORDER NO.--g<r, M3y 1 I*CONTRACT no/ fit?'4/3 -VCnATfp: *//??// ] ^_ 6^\ /^7/< >" ADDITION/ (OZSSTON) , e7`e7/.rtc; 7 Humble Oil & Refinin A..P..P..R. OVED: ^. . . -any: Attention: Reference: Mr. A. B. O'Brien EXCERPTS, - Design Change No. 1 PROJ. (Z' Contract No. L-00-4521-C Lubes Control Center Bldg. 811 Gentleraen: We propose to perform the additional work required by revisions shown on the drawings included with Design Change No. 1 dated 4-28-69 for the additional lump sum amount of Two Thousand Nine Hundred Ninety-Six and no/100 Dollars ($2,996.00). This work involves: additional excavation, concrete, reinforcing and forms for changes in sizes of footing, plinths and beams, increase in anchor bolts, and the deletion of excavation, concrete, reinforcing and forms due to the omission.of the retaining walls, for a net total addi tion of: 94 C. Y. 43 C. Y. ^7 C. Y. 4^ Tons 488 S. F. 500 Lbs. Excavation Backfill Concrete Reinforcing Steel Forms Anchor Bolts Please give us your change order adding the above sum to the contract amount. Very truly yours, TAK:sam 9-5/^ v_,_____ ,,--*-------------------------------- Tom A. Hunt, Manager Building Department EXX 001631 $ a $ A Brown & Root, inc. Con,xi/icZc/M FOST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT CONTRACT CHANGE ORDERNoZZI CONTRACT ^C-UTFn- */' March 28, 1909 ADDITION/ (ES sa) S 2 T'tfZ-' Humble Oil & Refining Comoanv: Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 APPROVED:: /?0 DATE:-------- 4z/Cr/Lz/L EXCERPTS-A^.- Attention: Mr. A. B. O'Brien PROJ. PNC:.s//Wty<h<s'cw>i*9.' Reference: BL-00-4521 Lubes Control Center Building 811, Additional Electrical Work. Gentlemen: The additional instrumentation and power conduit work for referenced' project added by Humble Drawings 10-103-136, 10-103-137 and 10-103138, transmitted by your letter dated March 26, 1969, will add the following sums to our original proposal of March 21, 1969: A. For the instrumentation conduits in ductbanks under the grade beams and into the building, add the sum of ELEVEN THOUSAND FIVE HUNDRED FIFTY-THREE AND NO/IGC DOLLARS------($ 11,553.00). B. For the 2300-Volt main power conduit and duct bank in front of the building, add the sum of TEN THOUSAND SIX HUNDRED EIGHTY-NINE AND NO/lOO DOLLARS ($10,689.00). C.-For all the conduit and ductbank work shown, it would add a total of TWENTY-TWO THOUSAND TWO HUNDREO rCKTY^ WO AND NQ/100 DOLLARS (522,242.00), thereby, making a revised total lump sum bid price for the project in the amount of THREE HUNDRED FORTY-W0 THOUSAND W0 HUNDRED FORTY-TWO AND NO/100 DOLLARS (342,242.00). ' Our estimated completion date would not be affected by these re visions. We are anxious to construct this project for you. Please advise if we are the successful bidder. Very truly yours, *5 TAlkjb Tom A. Hunt, Manager Building Department EXX 001632 -J5 JZ-S/fo Brown & Root, inc. Snsfcne&M Corultu^ foit office box Houston. Texas 77001 cable adores*: brownbilt CONTRACT CHANCE ORDER NO / CONTRACT >?/'CiATrrv ^ ^ ^ ^ March 28, 1909 ADDITION/ (OS il) * 2- 'Z' Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Humble Oil & Refining Company: ^ fAPPROVED: c^V> /?gO DATE:----- iL//c/Cr/L EXCERPTS. Attention: Mr. A. B. O'Brien PROJ. ENG : F 3- Reference: BL-QO-4521 Lubes Control Center Building 811, Additional Electrical Work. Gentlemen: The additional instrumentation and power conduit work for referenced project added by Humble Drawings 10-103-136, 10-103-137 and 10-103138, transmitted by your letter dated March 26, 1969, will add the following sums to our original proposal of March 21, 1969: A. For the instrumentation conduits in ductbanks under the grade beams and into the building, add the sum of ELEVEN THOUSAND FIVE HUNDRED FIFTY-THREE AND N0/1C0 DOLLARS-----($ 11,553.00). B. For the 2300-Volt main power conduit and duct bank in front of the building, add the sum of TEN THOUSAND SIX HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($10,689.00). C. For all the conduit and ductbank work shown, it would add a total of TWENTY-TWO THOUSAND TOO HUNDRED "FORTYTOO AND N0/100 DOLLARS ($22,242.00), thereby, making a revised total lump sum bid price for the project in the amount of THREE HUNDRED FORTY-TOO THOUSAND TOO HUNDRED FORTY-TOO AND NO/100 DOLLARS (342,242.00). Our estimated completion date would not be affected by these re visions. We are anxious to construct this project for you. Please advise if we are the successful bidder. Very truly yours. TAH:j b v Tom A. Hunt, Manager Building Department EXX 001633 SUBJECT: Request for Job Number Please assign a job number to cover the following: Humble Oil & Refining Co. Work to be Performed: Construct Lubes Control Center Building #811 at owners plant in Baytown, Texas Approximate Amount $ 320,000.00 Our records indicate the next number is 27 - 5190 Project Manager: Tom Hunt Building Department 0. H. Bakken Attached: Copy of Contract No. L-00-4521-C, dated April 2, 1969 EXX 001634 942.3 t 33 Appropriation 23-9216 e Contract No. L"00-i*52l-C / , si ( THIS AGREEMENT, entered into this daY of ^ 19 69, by and between HUMBLE OIL & REFINING COMPANY, hereinafter referred to as "Humble," and BROWN S ROOT, INC. , hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein Humble and Contractor agree as follows: 1. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform all work In accordance with Che specifications and exhibits listed below, a copy of said specifications and exhibits and of each drawing and Baytown Engineering Standard referred to therein being attached hereto and made a part hereof. } Designation Specifications Title Specifications for Lubes Control Center Building 8)1, Humble Oil & Refining Company, Baytown, Texas Date February 20, 1969 L Exhibit "A" General Specifications February 1, 1966 Exhibit "B" Lubes Control Center Building February 20, 1969 COMPLETION Contractor agrees to begin work on or about April 3. 1369, and wiil make every effort to complete the Contract before February 3, 1970. Supplement "A" entitled "Fair and Equal Opportunity Clause," is attached and made a part hereof. 2. As consideration for the satisfactory performance and completion of this Contract by Contractor, Humble agrees to pay Contractor the lump sum of THREE HUMORED TWENTY THOUSAND AND N0/100 ($320,000.00) DOLLARS. 5 4 2- J I 33- 1 A I r 3. Contractor shall observe all refinery safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations,'' dated June 1, 1966, a copy of which is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regulations'' shall apply to all subcontractors and their employees as well as to the prime contractor and its employees. Contractor shall notify its employees, its sub contractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside Humble's Baytown Refinery until such notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such specifications by Contractor nor Humble's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 4. Although Contractor shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, Humble reserves the right to have an inspector on the job. Any material which Humble considers unsatisfactory shall be re moved and replaced at Contractor's expense. Neither inspection, waiving of inspection, nbr acceptance by Humble shall relieve Contractor of its obligation to furnish all materials and work manship in accordance with specifications. 5. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Humble's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Humble being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and Humble agree as follows: A. Contractor agrees to indemnify and hold Humble harmless from all claims, actions, demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negligence or willful acts of Humble or its employees. (2) From (a) injuries to or deaths of persons, including employees and representa tives of Humble, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Humble and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Con tractor shall not be responsible for damage to Humble's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which result in whole or in part from willful acts or the negligence of Contractor, its employees, agents or sub contractors, in connection with the handling and use of utilities furnished by Humble, except that Contractor shall not be responsible or liable for such damage to Humble's property resulting from fire or explosion. B. In addition Contractor agrees to carry insurance as follows: (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. -2- exx 1636 542-3133-2 (2) Comprehensive General Liability Insurance (including Contractors' Protective Liability when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than $ 100,000 for one person injured or killed and, subject to such limit, $100,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $100,000 for each accident, and $ 100.000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $ 100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $50,000 for each accident. C. Prior to commencing work hereunder, Contractor shall produce evidence in af form satisfactory to Humble that all insurance required under this agreement is in force and carried with companies acceptable to Humble and that such insurance will not be materially altered or cancelled while the work covered hereby is in progress without a reasonable prior written notice to Humble. Upon request of Humble, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Humble shall have the right to procure same and deduct the cost thereof from the consideration to be paid Contractor hereunder. 6. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Humble by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Humble harmless from and against all such claims and liens. 7. Contractor agrees that if, in the opinion of Humble, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or materials for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof, or should not be performing this contract in the manner herein provided, Humble may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Humble should exercise such right, it shall have the right to use all or any part of Contractor's tools or equipment then in use on the job but shall pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by Humble and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Humble, ordinary wear and tear excepted. Should Humble take over the completion of said job, or obtain another contractor to do so Humble shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Humble shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. -.1- EXX 001637 942*3 13 3*3 8. Contractor agrees that upon the completion by it and acceptance by Humble of the work herein contracted for it will furnish Humble with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Humble to Contractor, subject, however, to the right in Humble to withhold payments in accordance with the provisions of Article 5469, Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Humble that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, Humble, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the value of the work then completed, based upon estimates by Humble's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 9. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those hereih expressed. This agreement embodies the entire understanding of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 10. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of con stituted authority. 11. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Humble may be required or deems it neces sary to pay such taxes or charges, Contractor agrees to furnish Humble with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Humble on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Humble may be required or deems it necessary to pay. In addition, Humble, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. 12. In connection with the work provided for hereunder, Contractor (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to Humble, any such material or equipment which may become defective within one (1) year from Humble's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Humble to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of'Humble's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 13. In the event Humble loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees: a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; -t- b. That such tools or equipment will be loaned or furnished and accepted by Con tractor without warranty or representation by Humble as to their condition; c. To return such tools or equipment to Humble at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Humble harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 13, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Humble may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by Humble. 14. Humble may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Humble may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Humble desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 2 above, Contractor shall submit to Humble an estimate of such increase or decrease. Should Humble desire to proceed in accord ance with such estimate, Humble shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction therefor. If Contractor has not obtained a Contract Change Order, signed by Humble's appointed representa tive, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. 15. Contractor shall procure Humble's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this contract, and, as between the parties hereto, Contractor shall be and remain liable as if ho such subcontract had been made. No subcontract shall bind or purport to bind Humble but shall contain a provision permitting assignment thereof by Contractor to Humble. 16. It is understood and agreed that Humble may, upon written notice to Contractor, termi nate the work_provided for hereunder. In the event of such termination, Contractor shall be reim bursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. BROWN t. ROOT. INC. ATTEST: SECRETARY AB0:aj (EGWarron) HUMBLE OIL & REFINING COMPANY By Z-----------hAr t KTALS nASnOt BAYTOWN REFINERY -5 EXX 01639 342-3133-3 CONTRACTOR'S ACKNOWLEDGMENT STATE OF COUNTY OF TexaS X BeWe'U the undersigned authority, on this day personally appeared K. J. DEK.-uv^k known to me to be the person whose name is subscribed to the foregoing instrument as XJCE PRESIDENT and acknowledged to me that he executed R^ft,ttYT><&urPoses and consideration therein expressed, in the capacity stated, and as the act and deed of said ______________________________ . Given under jprf^xftea lj^f office, this the day of ^ ' f, A. D., 196__________________________________ . r .2 (SEAL) Notary Public in and for ___________ County, __________ Harris Texas L.-- " let Mr ,>|lt) EXX 001640 342.313J. HUMBLE'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I Before me, the undersigned authority, on this day personally appeared _ /f, _known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated and as the act and deed of 1 * said Humble Oil S- Refining Company. . Given under my hand and seal of office, this the ------day of______ __________________________ . A.O. , 196./. Notary Pub I i c i n af>dfor Harris County, .iTexas ANNELISA M. JONES Notary Public in zr.-l fnr : irris Cuunty, Texas My Commission Expires June 1, 19 ^ ^ EXX 001641 r February 1, 1966 EXHIBIT "A" GENERAL SPECIFICATIONS 1. Contractor has inspected the site and fully understands the nature of the work, the conditions governing the work, and all other local requirements affecting the work. No additional compensation will be allowed for work that could be reasonably anticipated from visible conditions. 2. All work shall conform to generally accepted practice and shall be completed in every detail. In the event of doubt as to the meaning and intent of any portion of the Construction Agreement, Humble shall define that which is intended to apply to the work. 3. Contractor shall maintain the construction site in' a neat and presentable condition. 4. Upon completion of the work provided for hereunder and before acceptance and final payment, Contractor shall restore, in a manner acceptable to Humble, all property that has been used or damaged during the prosecution of the work; remove from the jobsite all dismantled and surplus materials, debris, and temporary structures resulting from the work; load and stack all dismantled and Humble-owned surplus materials and debris at a site designated by Humble; and shall leave the jobsite in a neat and presentable condition. Contractor shall obtain instructions from the M&C Contact Han for disposal of any left-over materials, including scrap. 5. Prior to departure from jobsite, Contractor shall obtain the M&C Contact Man's concurrence that Contractor has completed satisfactorily all work required by the contract. 6. Upon receipt of material furnished by Humble, Contractor shall accept full responsi bility for this material and shall provide suitable protection for this material from deterioration, disappearance and other harm. 7. In the event "Humble furnishes critical path schedules or other job plans to Contractor, the Contractor's responsibility for all work covered by said schedules or plans shall be that specified in the contract. 8. Contractor shall provide its own sanitary facilities, properly secluded from observa tion and maintained by Contractor in a sanitary manner as approved by Humble. 9. Contractor shall provide all temporary buildings necessary for construction purposes. 10. Contractor shall not substitute alternate materials or equipment for those specified without Humble's prior written approval. 11. All costs of welder qualification shall be borne by Contractor unless otherwise specified in the contract of which this Exhibit "A" is made a part. 12. Contractor's work shall be executed so as to cause a minimum of interference with the operation of Humble's equipment. 13. No connection shall be made by Contractor to any of Humble's facilities, such as power lines, pipe lines, sewers, etc., without getting Humble's prior approval of Contractor's connection method, design and time schedule. EXX 001642 942-00 t 1 1 Exhibit "A" (Continued) t. -2 February 1, 1966 4. Signing of this agreement constitutes a waiver by Contractor of any restrictive clauses appearing, on drawings, data, or any material submitted by Contractor to Hunble under this agreement; such clauses shall not be binding, nor have any effect upon Humble; Contractor hereby authorizes Humble to nullify, obliterate, or otherwise remove any such restrictive clauses. 15. Various industry and/or national codes and standards may be referred to elsewhere in this contract. The requirements contained in any such codes and standards form a part of this contract in the manner and to the extent indicated. Contractor shall obtain copies of the latest edition of such codes and standards and follow them in the execution of the job. "Latest edition" is defined as the latest published edition as of the date of the contract. 16. Contractor's name shall be placed on all motor driven vehicles and other construction equipment such as welding machines, compressors, etc., used by Contractor, unless waived by the MS-C Contact Man. 17. Welding machines shall be furnished with a 12-lb. CO2 or 20-lb. dry chemical type fire extinguisher attached directly to the machine. f 18. Contractor shall work from 7:30 A.M. to 4:00 P.M., Monday through Friday, unless otherwise specified in the contract of which this is made a part, or unless otherwise approved by the MS-C Contact Man. r 19. The holidays listed below shall be observed at the Baytown Plants. Contractor shall not work on these days unless otherwise specified in the contract of which this Exhibit "A" is made a part, or unless otherwise approved by the M&C Contact Man. 0) New Year's Day (2) Good Friday (3) Memorial Day (4) July Fourth (5) Labor Day (6) Thanksgiving Day (7) Christmas Day (8) The day after Thanksgiving, except when Christmas falls on Tuesday or Thursday, in which event the holiday shall be observed on the preceding Monday or the succeeding Friday, respectively. Holidays falling on Saturday and Sunday shall be observed on Friday and Monday, respectively. EXX 001843 Supplement "A" Fair and Equal Opportunity Clause Humble/BB!JcaC)X is an Equal Opportunity Employer. This is a subcontract under or a contract for supplies or services required in the performance of Government contracts. It is agreed as a condition of the agreement that: (a) this is a subcontract subject to the rules and regulations approved by the Secretary of Labor under Executive Order 11246 as amended; (b) a copy of the Equal Employment Opportunity Provision of Section 202 of Executive Order 11246 is physically attached and made a part hereof. Contractor shall sign and return this provision to P. 0. Box 4019, Baytown, Texas 77520, attention A. B. 0`BrlenI (c) by accepting this agreement, Contractor agrees to be bound thereby; and (d) Contractor's Certification of Nonsegregated Facilities is: /__ / (1) physically attached hereto. Contractor shall sign and return this Certification to P. 0. Box 4019, Baytown, Texas 77520, attention ________________ / V (2) contained in Humble files. EXX 0016**4 Equal Employment Opportunity Provision During the performance of this contract, the contractor (vendor) agrees fol1ows: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without re gard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the pro visions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified appli cants will receive consideration for employment without regard to race, religion, color, sex, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of th_e Secretary of Labor. The contractor will furnish all information and reports required by exec utive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compli ance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government con tracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise pro vided by law. r Equal Employment Opportunity Provision Page Two (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regula tions, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 so that such provi sions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provi sions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contractor acknowledges that he may be required to file Standard Form 100 (EE0-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission and Plans for Progress with Joint Re porting Committee, Federal Oepot, Jeffersonville, Indiana, within thirty,(30) days of the date of contract award if such report has not been filed for the current year and otherwise comply with or file such other compliance reports as may be required under Executive Order 11246, as amended and Rules and Regu lations adopted thereunder. Contractor further acknowledges that he may be required to develop a written affirmative action compliance program as required by the Rules and Regulations approved by the Secretary of Labor under authority of Executive Order 11246 and supply the buyer with a copy of such program if so requested. Dated Humble Oil S- Refining Company Enjay Chemical Company BROUN 6 ROOT, INC. Sv 6 Xi 11e Materials Manager e*X 001646 SAFETY, PLANT PROTECTION, AND TRAFFIC REGULATIONS Contractor shall remain an independent Contractor in the performance of the work as called for in the contract and shall observe the Safety, Plant Protection, and Traffic Regulations so as to achieve the results called for therein without persons or property being subjected to unnecessary risks. Contractor shall ensure that all of its employees and employees of its subcontractors working hereunder are informed of the contents of these Regulations. REV. 6-1-66 EXX 0016*7 541-0073- l r, SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS........................................................... 2 DEFINITIONS As used herein, the following definitions are applicable: 1. Owner Since Enjay, Humble, and ER&E all have facilities located within the Baytown Refinery complex, these three parties have agreed upon these common safety, plant protection, and traffic regulations to be applicable on each corporation's prop erty within said complex. Therefore, for purposes of these Regulations, `Owner' shall mean Enjay, Humble, or ER&E as applicable. 2. Contact Man The Owner's representative assigned to the project by the Mechanical Division of Enjay Chemical Company (CPMD), the Maintenance & Construction Division of Humble Oil & Refining Company, the Maintenance and Construction Foreman of ER&E, or the individual designated by the Technical Divi sion involved on contracts for engineering services. The Con tact Man, on proper request, will arrange for all permits re quired hereunder and will be the normal contact between the Contractor and all of Owner's personnel. 3. Basic Equipment Owner The Enjay Chemical Company, Esso Research and Engineering Company, or Humble Oil & Refining Company representative primarily responsible for the safety of Enjay, ER&E, and Humble personnel and equipment in the area in which the work is to be performed. 4. Plant Enjay Chemical Company's , Esso Research and Engineering Company's, or Humble Oil & Refining Company's Baytown, Texas, facilities or any combination of such facilities on which work is to be performed. 5. Contractor Designates 'Contractor,' `Contractor's Sub-Contractors,' and all employees of each. EXX 00I648 54 1 -007 3-2 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS........................................................... 3 SAFETY REGULATIONS 1. AUTHORIZATION TO START WORK Contractor shall not start work until authorized by the Contact Man at the job site. Such authorization does not constitute authority to proceed with any work involving special per mits as outlined below. Contractor shall notify the Contact Man before Sub-Contractors begin work. 2. SMOKING Smoking within the Plant is prohibited, except at locations and times approved by Owner, and Contact Man will obtain the required permission. 3. MATCHES The use of matches, other than safety matches, or the transportation of them into the Plant is prohibited. ri 4. HOT WORK ( Contractors shall not use open fires or spark-producing equipment or do any `hot work' without a written permit on Form 541-0623 (shown on page 12 hereof) properly filled out and signed by (1) the Basic Equipment Owner in the space marked `Operating Head,' (2) Owner's Gas Tester in the space marked `Inspector' and (3) by the Contractor's authorized representative in the space marked `Foreman Doing Work.' Such permits are valid for only the time and date specified on the face of such permit. Owner will assign areas in which Contractor may do `hot work' on a job duration basis and will give short-time permits in other locations when considered safe. Contractors shall stop any `hot work' upon request of any employee of Owner and shall not resume such work until authorized by the Contact Man. Job duration `hot work' permits will be issued in the form of a letter from the Basic Equipment Owner to Contractor, receipt of which shall be acknowledged. Contractor shall' watch for conditions that make the use of `hot work' unsafe, and immediately upon observ ing such conditions, Contractor shall cease such 'hot work' and report the condition to the Contact Man. `Hot work' is defined as any work requiring the use of burning or welding equipment, brazing equipment, explosives, open fires, portable grinders or saws, internal combustion engines, soldering irons, non-explosion proof motors, non-explosion proof flood or string lights, sandblasting or any other flame or spark-producing equipment 5. TYING INTO EXISTING PIPE LINES OR EQUIPMENT Contractor shall not open or tie its work into Owner's existing pipe lines or equipment without a written permit on Form 541-1212 (shown on page 12 hereof), 'Permit to Open or Blank,' properly signed by Basic Equipment Owner in the space marked 'Operating Man.' After a tie-in has been made to Owner's existing lines or equipment, the whole piping or equipment system involved shall be considered the same as Owner's existing lines and equipment and written approval on Form 541-1212, mentioned above, must be obtained from Owner before additional work can be done on any of these lines or equipment, unless a blind, approved by the Contact Man, has been installed separating the lines and equipment being worked on from the remainder of the system. 6. TYING INTO EXISTING SEWERS Contractor shall not open or tie into or work on Owner's sewer system without a written EXX 001649 341-0073-3 r SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS........................................................... 4 permit on Form 541-1212 (shown on page 12 hereof), `Permit to Open or Blank,' properly signed by the Basic Equipment Owner in the space marked `Operating Man.' After sewers constructed by Contractor have been tied into Owner's sewer system, any `hot work' permit then in effect shall terminate and Contractor shall not perform any `hot work' in the area until a new `hot work' permit has been obtained. 7. WORK ON, ADJACENT TO OR TYING INTO EXISTING ELECTRICAL POWER CIRCUITS AND WORK ON ELECTRICALLY OPERATED EQUIPMENT Under no circumstances shall Contractor work on, adjacent to or connect into Owner's elec trical system or work on Owner's electrically operated equipment without securing prior written permission from Owner in accordance with Owner's `Electrical Tagout Procedures,' dated June 1, 1966- 8. ENTERING `CLASS A' CLOSED CONTAINERS Contractor shall not enter any `Class A' Closed Container, as defined below, without a written permit on Form 541-0751 (shown on page 12 hereof), `Report of Gas Analysis' and `Fermit to Enter,' properly signed by (1) Owner's Gas Tester, (2) the Basic Eqpipment Owner in the space marked `Operating Head' and (3) Contractor's authorized representative in the space marked `Foreman Doing Work.' Such permit is valid for only the time and date shown on the face of such permit. `Class A' Closed Container is defined as any closed con tainer in custody and control of Owner which has been in operation. This also includes fur naces, excavations, open top containers and sewers in care, custody and control of Owner where the headof a man working therein is below the top of the vessel, excavation or sewer. 9. WORK INVOLVING THE USE OF IONIZING RADIATION Contractor shall not perform any work involving the use of ionizing radiation without written notification in duplicate to the Owner. Such notification shall include the job reference, state time of entry, the type of ionizing radiation equipment and the strength of the ionizing source. Contractor shall comply with `Texas Regulations for Control of Radiation,' effec tive March 1, 1963, amended June 14, 1965, Texas State Department of Health, Division of Occupational Health and Radiation Control, Austin, Texas, together with all future amend ments, additions and revisions to said regulations and standards. Owner reserves the right to conduct independent and unannounced radiation surveys of contractor's equipment and its uses on Owner's premises. 10. HOUSEKEEPING At all times the job site shall be kept clean and free from debris, trash, and rubbish. Con tractor shall store all materials in a neat and orderly fashion and shall not store materials within four feet of any fence or along railroad tracks within a distance of seven feet two inches horizontally from the inside edge or twenty-three feet vertically above the top of any rail and shall not construct temporary or permanent structures within this minimum clear ance. Dismantled or surplus materials, trash, and debris (including earth, clay, lumber, concrete, metal, insulation, paper, etc.) that falls from Contractor's vehicles shall be clean ed up by Contractor. 11. REPAIRS OR CHANGES After care, custody and control of the facility constructed by Contractor passes to Owner, no repair or changes shall be made by the Contractor without written approval of Owner. EXX 001650 3 41-0073-4 r SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS............................................................. 5 12. USE OF LINES OR CONDUITS AS SUPPORTS Contractor shall not use Owner's pipe lines or electrical conduits as supports for loads or for ladders or for scaffolds without authorization from the Contact Man. 13. USE OF STANCHIONS OR EQUIPMENT FOR ANCHORS Contractor shall not use Owner's pipe stanchions or other equipment for attaching snatch blocks, guy lines, or for other services which apply loads on the equipment without written approval of the Contact Man. 14. GUY LINES When it is necessary for Contractor to install guy lines across Owner's electric lines, Contractor shall construct timber guards, of a type approved by Owner, to prevent guy lines from coming in contact with the electric lines. No guy lines shall be detached nor buried guy line anchors disturbed without prior approval of the Contact Man. 15. WORKING IN THE VICINITY OF ELECTRIC LINES * When it is necessary for a Contractor to operate cranes or derricks in the vicinity of elec tric lines or to perform any other work so near to such lines that persons or property may be endangered, Contractor shall consult the Contact Man and determine whether the elec tric lines can be de-energized. If the lines cannot be de-energized, Contractor shall install suitable guards to prevent its equipment from coming in contact with the electric wires or cable. Such guards shall be of a type approved by the Contact Man. Contractor shall not proceed with any of such work until such electric lines have been de-energized or until such guards have been installed. 16. EXCAVATIONS All excavations made by the Contractor, except those specifically excluded by the Contact Man, shall be fenced-in or boarded over so as to prevent personnel from slipping or falling into them-when moving about the area. 17. MOVING SUSPENDED LOADS Contractor shall not move loads suspended from mobile equipment on Owner's streets with out load being secured to prevent swinging. All chains, cables, ropes, etc., suspended from mobile equipment shall be properly fastened. 18. DAMAGE TO OWNER'S PROPERTY If Contractor damages any of Owner's property, it shall immediately report such damage to the Contact Man. 19. WARNING AND CAUTION SIGNS Contractors shall obey all safety warning signs posted by Owner. EXX 001651 34 i -007 3-3 r SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS............................................................. 6 20. ENTERING OPERATING UNIT Contractor shall not enter any operating unit or area with motorized equipment without per mission of the Contact Man. Vehicles entering these areas may be required to have sparkproof mufflers or their equivalent. 21. OPERATING OWNER'S EQUIPMENT Contractor shall not operate any of Owner's equipment, such as electric power switches, valves, etc., without prior specific approval of the Contact Man. 22. USE OF SPECIAL VEHICLES No vehicle or piece of equipment having metallic lugged wheels or tracks shall be operated on any hard surface street without adequate protection to the street. No tracked equipment having flat pavement treads shall be operated on a paved street without approval of the Contact Man. i 23. WELDING MACHINES t Welding machines shall have a 12-lb. CO2 or 20-lb. dry chemical type fire extinguisher in proper working condition attached directly to the machine. 24. COMPRESSED GAS CYLINDERS Cylinders containing gasses shall not be stored under pipe or power lines. Such bottles shall be properly secured in an upright position when in storage and in use. EXX 001652 341-0073-5 ( SAFETY, PLANT PROTECTION' & TRAFFIC REGULATIONS.............................................................7 PLANT PROTECTION REGULATIONS 1. PARKING LOCATIONS Parking locations will be designated for each Contractor by Owner. If Contractor desires to park on Owner's property, all parking will be in the lot, or area designated. Posted regulations governing the use of the lot shall be followed. All vehicles on Owner's property will be at the risk of the vehicle owner and Owner accepts no responsibility for paint or other damage to or theft of or from such vehicles. 2. ENTRANCE GATE Owner will designate a gate or gates for the use of Contractor and for the delivery of its material and supplies. Contractor and vehicles serving the Contractor shall use only th = designated gate for entrance and exit to and from the Contractor's job site. Contractor will make arrangements so that vehicle drivers will know which refinery gate to enter and the appropriate job site location. 3. WALKS AND ROADWAYS Walks and roadways will be as designated for the use of Contractor when entering dc leav ing the job site, or when moving from one area to another, or when obtaining material from Owner. Contractor shall use only such designated roadways and walks. The use of short cuts or non-designated pathways is prohibited. 4. CONTRACTOR BADGES AND COt NTRACTOR PASSES Contractor's employees shall wear that Contractor's badge at all times they are in the Plant. Employees engaged by theTechnicalDivisions for engineering services will not be required to wear badges. Such badges shall bear the firm's name and each badge shall be numbered with a different number. Contractor shall supply these badges. A Contractor pass, bearing the same number as the badge, shall also be issued to each of Contractor's employees. The Contact Man will issue these passes to Contractor, who, in turn shall issue them to employees. These badges and Contractor passes must be shown to the gate guard each time any employee of Contractor enters or leaves the Plant. Contractor shall return to the Con tact Man all passes upon completion of the job. When Sub-Contractors to the prime Con tractor do not have their own badges, they may use the prime Contractor's badges. 5. USE OF SUB-CONTRACTORS The Contractor shall advise the appropriate Purchasing organization or the appropriate Technical Division in writing prior to starting work as to the Sub-Contractors proposed for use. 6. CAR PASSES Owner will issue car passes to Contractor's personnel who require using a car in con nection with the work. Requests for such passes shall be made to the Contact Man. Contractor's vehicles, which bear the Contractor's name or insignia prominently displayed, will not require a car pass, providing the driver has a badge and Contractor's pass. Such vehicles shall be restricted to the use of designated street or streets and Plant entrance EXX 001653 341-0073-7 ( e SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS.............................................................. 8 or entrances assigned for use of Contractor. All equipment on rubber tires, such as mobile cranes, back hoes, air compressors, welding machines, etc., must have Contractor's name prominently displayed when being used by Contractor. 7. MATERIAL PASSES All tools and materials, other than trash, that the Contractor removes from the Plant must be accompanied by a material pass obtained from the Contact Man. The material pass must be completely filled out and must be signed by a designated official of Contractor and the Contact Man. The Contact Man retains one copy, and the original and one copy must ac company the material to the gate. Both copies are to be surrendered to the gate guard. 8. THEFTS Owner accepts no responsibility or liability for the theft of any property or material be longing to Contractor or its employees. It shall be the responsibility of Contractor to fur nish any police protection it deems necessary to supplement the guard and patrol service provided by Owner. Owner maintains an investigative service and will cooperate with Con tractor by assisting in the investigation of all reported thefts within the Plant. Tjiefts of property or automobiles from Owner's outside parking lots should be reported to local law enforcement officials. Contractor may obtain forms for reporting thefts from within ttte Plant from the Contact Man. 9. GAMBLING All forms of gambling are prohibited on Owner's property. 10. BUSINESS VISITORS, APPLICANTS, AND DELIVERY TRUCKS Contractor shall furnish the Plant Protection Department with a list of persons who are authorized to pass business visitors, job applicants, new employees and delivery trucks to the job site. The Plant Protection Department will obtain authorization from one of these people before passing such individuals into the Plant. 11. AMBULANCE SERVICE Contractor, when working in Plant, shall make any arrangements Contractor deems neces sary for ambulance service from an outside firm. Requests for an ambulance shall be called in to Owner's telephone extension number 600. Accident location, ambulance firm and hos pital desired, and Contractor's name shall be given. The Plant Protection Department will escort the ambulance to the scene of the accident. All accidents shall be reported to the Contact Man as soon as possible, whether resulting in injury to person or equipment of Owner or Contractor. 12. INSPECTION OF LUNCH BOXES, PACKAGES, MOTOR VEHICLES, ETC. Guards have the right to inspect lunch containers , packages, bundles, tools, equipment and motor vehicles in the Plant at any time. 13. CAMERAS AND PHOTOGRAPHS Unauthorized individuals will not be permitted to enter the Plant with a camera. When Contractor desires to have photographs taken in the Plant, the Contact Man will obtain the necessary authorization. EXX 001654 941.007 s-a r SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS.............................................................9 14. LIQUOR AND DRUNKS Any person possessing intoxicating liquors or who is under the influence of such will not be permitted to enter the Plant or loiter on Company property. 15. VISITING AND LOITERING Visiting and loitering by Contractor's e mployees at or around entrance gates or other places on Owner's property will not be permitted. f i EXX 0Q1655 941.0073*9 SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS.......................................................... 10 TRAFFIC REGULATIONS 1. EQUIPMENT REQUIRED ON MOTOR VEHICLES All motor vehicles entering the Plant shall have a horn and a muffler and be in safe oper ating condition. Motor vehicles, operating at night, shall have two headlights and at least one visible red tail light in good condition. Vehicles having dual wheels shall be equipped with suitable flaps on each dual wheel so that objects will not be ejected past the flaps, to the rear, -'hen the vehicle is in motion. 2. DRIVER LICENSE Motor vehicle drivers shall be qualified in accordance with drivers license regulations of the State of Texas. 3. WARNING FLAGS Red flags shall be used on any load that extends beyond the front, side, or rear of any vehicle. , 4. TRAFFIC SIGNS ! All traffic signs and signals, whether fixed or portable, shall be obeyed, and drivers must cooperate with Owner's guards and others appointed to direct traffic. 5. SPEED LIMIT All vehicles shall be operated within the Plant's speed limits, which is thirty miles per hour unless otherwise posted. 6. DRIVING AND PARKING Vehicles shall be driven on the right side of the street and parked on the right side of the street except when parking in designated parking areas, or when directed otherwise by traffic signs or during emergencies. Vehicles shall not be parked on streets or roadways in such a manner as to slow down, hinder, or interfere with the free flow of traffic. Vehicles shall not be parked so as to block or interfere with the use of fire hydrants or fire equip ment. 7. RIGHT-OF-WAY The order of right-of-way in the Plant is as follows; First, ambulance; second, fire-fighting equipment; third, pedestrians; fourth, bicycle riders; and fifth, motor vehicles. Vehicles shall be pulled to one side and shall be brought to a complete stop when approached from either direction by an ambulance or fire equipment. Ordinary driving courtesy shall be prac tised by all drivers of motor vehicles. 8. PASSENGERS a. Passengers shall be limited to a reasonable number determined by Owner and vehicle shall not be over-crowded. EXX 001656 341-0074 c, c SAFETY, PLANT PROTECTION & TRAFFIC REGULATIONS................................................................. 11 b. Drivers of motor vehicles shall not permit passengers to ride on fenders, running boards, tops or bumpers of motor vehicles. Passengers shall keep all parts of their bodies inside the cab or body of vehicles. c. Passengers shall not get on or off a vehicle while it is in motion. 9. VEHICLES PROHIBITED Motorbicycles or motorcycles are not permitted inside the Plants. 10. WINDSHIELD OR WINDOW OBSTRUCTION Vehicles having non-transparent 'materials which interfere with clear visibility through any side window or windshield, shall not be operated in the Plant. All vehicles shall be equip ped with adequate rear view devices. 11. `CLOSED TO ALL TRAFFIC'SIGNS Areas blocked by traffic barriers are closed to all traffic. 12. OBSTRUCTING STREETS OR ROADS i Contractor shall not block roads or streets without permission from the Contact Man. When Contractor's work obstructs a road or street, Contractor shall provide approved lights, barriers, warning devices or signal men. exx 1657 o permit forms page 12 84 *"073f > ' HUMBLE OIL & REFINING COMPANY REPORT OF GAS ANALYSES LOCATION______________ VESSEL. DATE_ -TIME____ V.M., P.M ____ SULFIt -----------.I0N-S--T-R--U--M--E--N-T NO____________ g I HAVE CHECKED TPHEIRSMEITQTUOIPEMNETNETR AND CONSIDER H 5 SAFE FOR MEN TO ENTER. A STANDBY IS NQT REQUIRED. 2 THIS PERMIT EXPIRES: DATf 2 OPERATING HEAD____ FOREMAN OOING WORI THIS TAG IS -- REPORT OF GAS ANALYSIS 541-0751 THI* TAG MUST BE APPLIES AT THE WORK \BY THE OPERATING MAN WHO ISSUES IT. 10HBLE Oil I BEFIM1N6 CO. PERMIT TO OPEH AHD/OR BLANK "CUSS k" QBSEB corns, IKS, EUn, POMPS, 8HMBS8& .... .... fc& No. 7Ulj:iti UNIT OR OPERATING AREA. NAME OR NUMBER OP EQUIPMENT . PERMIT TO OPEN AND/OR BLANK 541-1212 EXX OFFICE MEMO BROWN & ROOT, INC. APRIL 9, 1969 TO THOSE CONCERNED: JOB NO. 27-5190 IS ASSIGNED TO COVER THE CONSTRUCTION OF LUBES CONTROL CENTER BUILDING # 8ll FOR HUMBLE OIL & REFINING COMPANY AT BAYTOWN, TEXAS. BP/JJ JOB TITLE: HUMBLE OIL & REFINING COMPANY - CONSTRUCTION OF LUBES CONTROL CENTER BUILDING # 8ll AT BAYTOWN, TEXAS. (WORK TO BE PERFORMED BY THE M. L. WOODFIN DEPARTMENT) EXX 001659 rownGTRooiinc, Post Office Box Three, Houston, Texas 77001 July 23, 1969 Contrac t D____-00- 4594-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'BRIEN Gentlemen: ii We will perform the additional work described by Design Change #____3_ for a lump sum price of $ u i 3R0.00.. This additional work will necessitate _______ ^_______ days extension to the original contract schedule provided we are authorized to proceed immediately. LABOR: $ 1,362.00 MATERIAL: 1,097.00 Yours very truly, BROWN & ROOT, INC. SUB: 630.00 EQUIP: 40.00 E. M. EASTHAM MARKUP $ 3,129.00 1,25 1.00 $ 4,380.00 jONTRACT change order no.*?1 CONTRACT ADDITION/ (DELETION) /_ i-iurnhle Oil & Rofinjng Co" APPROVED- _LCi-^TLv^ /T/' ' cJL ; ! i pkoj. ' ________ t iS5 191 m iqgq EXX 007286 Brown & Root, inc. c5CcmdZu/cfou post Office box s. Houston. Texas 77001 - cable address: bro JULY 8, 1969 Contracts -00-A5TR ~C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. MASON Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE AMOUNT FIELD CHANGE 1 1 AMOUNT #3 $ 413.77 Total This change $ Al^.77 Very truly yours, BROWN & ROOT, INC. /iU< R. W. STEPHENS Attachment RWS:nb CONTRACT CHANGE ORDER ND 3"j CONTRACT hated- 3- *7- ADDITION / / 3. 7 7 i 7i Humble Oil & Reiinin^^Ccmpaj'y: approved- DAT" 7/tZ/A>- '/ i j exc.tr?-; r --- ' j PROJ .'-T7ufo n'.yy'cn. -------- EXX 007295 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. MASON Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ` FIELD CHANGE AMOUNT FIELD CHANGE i AMOUNT #6 $ 13,570.00 Total This change $ 13,570.00 Very truly yours, BK.CWN & KOOT, INC. Attachment RWS: nb EXX 007296 Humble Oil & Refining Company F. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. MASON , Gentlemen: i We will perform the additional work described by Design Change # q for a lump sum price of $ 779.00. This additional work will necissitate 0 days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. PJWS: nb R. W STEPHEN; CONTRACT CHANGE ORDER NO______ / CONTRACT NO.&-0a-<ss-*f/bATED. ^ ADDITION/(OetsasM) Humble Oil & Refining c APPROVED: ^-^DATE:. EXCERPTS. PROJ. ENG:/^.^'.//,'/^f|/f1v,r[l:r. ^ EXX 007297 Attention: Mr. a. B. O'BRIEN Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #15 # 23 $ 83.19 135.30 Total This change $ i a /, o Very truly yours, BROWN & ROOT, INC. RWS:nb Attachment T R. W. STEPHENS '^RACT CHANGE ORDER NO, contract hcS''t/a ADDITION/ (SSSe#N) s 7"/ Humb'-o Oil &. Refining Company: approved '// . I ! excepts | PSOJ. ENGw^^^^^^rrtVNER:___ <L, EXX 007298 A Brown & Root, me. e^nee^ GcnuittucZdw POST OFFICE BOX 9. HOUSTON. TEXAS 77001 CA8LE ADDRESS: BROWNBILT JULY 8, 1969 Contract B -00-7606 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'BRIEN , Gentlemen: { We will perform the additional work described by Design Change # 3 for a lump sum price of $ 740.00. This additional work will necissitate Q days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. RWS: nb EXX 007299 ROUTING SLIP r. /vnaerson Harry G. Austin I FROM J 1 | E. H. Blaschke L. T. Bolin George R. Brown Wm. A. Brown Carl Burkhart, Jr. T. E. Chadwick J. B. Davenport E. M. Day L. J. Derrick G. A. Dobelman L. C. Estes Drew M. Fanner M. M. Fitch I. W. G. Freeman B. L. Frennesson Herbert J. Frensley Charles R. Gartrell Hugh W. Gordon, Jr. H. T. (Hal) Hazelrigg W. E. Heffler H. N. Hockensmith Harry. Jacobson C. D. Jessup, Jr. H. A. Lindsay R. I. Loban C. T. Martin Albert Maverick 1 TO 1________________________ | David L. Miller I L. E. Minor T. K. Montgomery J. G. Munisteri R. E. Nebel Foster Parker Jfttward Payne R. E. Plack Ben H. Powell, Jr. E. L. Powell C. E. Pratt C. A. Rawson George Rayburn, lr. E. D. (Ed) Redding Gerald M. Smith Glenn Smith W. Nolan Stewart J. A. Terry ' Gordon Thomson R. A. Turrentine Delbert R. Ward D. E. Warfield J. A. Winner M. L. Woodfin J. L. Worthington a. D FROM 4^ I I For you to handle n For your approval I I For your signature I I Read and file I I Sent in error I 1 Advise what to do I I Make corrections I I Confidential I I Investigate and report to me I I Take up with I I Returned as requested For your comments I I For your information, please return I I See me personally before replying Remarks: 57-5232. 1* FORM M.| 3 20M 141 EXX 00730 BROWN & ROOT.INC. n^ine-eu Coruiti POST OPPICE BOX J. HOUSTON. TEXAS 77001 CABLE ADORE! 3WNBILT JULY 3, 1969 ContractB -QQ-7606 -c Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: We will perform the additional work described by Design Change #2 REV.#1 for a lump sum price of $ 247.24. This additional work will necissitate Q days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. R. W. Stephens REVISION DUE TO MIS-INTERPERTATION OF INSULATION SPECIFICATIONS. RWS:nb rCONTRACT CHANGE ORDER NO. ATFrr^5/^^>^j CONTRACT ADDITION / (DELETION] $ 2 V 7-2 / Enjay Chemical CompanyAPPROVED: :^7 DATE:_____ S'/ ^ 7 f'xP.PRPTS 2/f PROJ. EN-S^rA- 'Tl'l-Tzj C y, EXX 007301 Brown & Root.inc. On^ne&ij CcmtiZtuc&>M POST OFFICE BOX S. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT JULY 3, 1969 i Contract D -00- 4594 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: I ( We will perform the additional work described by Design Change # ____ 1_ for a lump sum price of $ 1.951.00. This additional work will necissitate 0 days extension to the original contract schedule provided we are authorized to proceed immediately. LABOR $ 790.00 Yours very truly, MATERIAL 580.00 BROWN & ROOT, INC. EQUIP. 60.00 TOTAL $ 1,430.00 R* uj. R. W. STEPHENS' Ay - MARK-UP 521.00 TOTAL $ 1,951.00 RWS: nb [ CONTRACT CHANGE ORDER NO.-Z : CONTRACT ' 467/CnATrn' f/z-z/Z?' ADDITION / (gqrSSN) S 4 &&/ ** Humble Oil & Refining Company: APPROVED:. A/p !fE-------- / / EXC?K?TS>2^_ proj. fna-A//Aa'Uu., .OWNER:. EXX 007302 A Brown & Root, INC. &n^t7ieete GmdiucZbw POST OFFICE BOX S. HOUSTON. TEXAS 77001 CABLE ADORES*. BROWN BILT June 25, 1969 Contract P -00-7614 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. D. C. Seamens Gentlemen: ( f We will perform the additional work described by Design Change # 2 for a lump sum price of $ qq7.00. This additional work will necissitate q days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly BROWN & ROOT, INC RWS:nb DAT c.:_ EXX 007303 Brown & Root,inc. CbruiZtuc&yw POST OFFICE SOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT JULY 3, 1969 Contract D -004594 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien , Gentlemen: ! We will perform the additional work described by Design Change # 2 for a lump sum price of $ 2r896.00 This additional work will necissitate Q^ days extension to the original contr'act schedule provided we are authorized to proceed immediately. Yours very truly. LABOR $ 1,204.00 MATERIAL 605.00 EQUIPT. 106.00 SUB. 240.00 TOTAL $ 2,155.00 MARKUP 741.00 $ 2,896.00 BROWN & ROOT, INC. R. W, Stephens RWS: rib CONTRACT CHANGE ORDER NO.Z--________ CONTRACT dated-Af? ADDITION/ (B5fc35tf1) 31 F7C ___________ Humble Oil & Refining Corppany: ; approved- ^'A-r'Sh da;e--------------------- ; EXCERPTsJs=c_ i PROJ. eng A? >/^^qwnfr- EXX 007304 Brown & Root, inc. necM Chfiiiltac/ou POST OFFICE BOX S. HOUSTON. TEXAS 77001 CABLE ADDRESS BROWNBILT June 30, 1969 Contract C. -00-4538 "C Humble Oil & Refining Company P, 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE ^MOUNT # 1 $ 615.95 # 2 161.63 * 2,061.51 Total This change $ 2,839.09 Very truly yours, BROWN & ROOT, INC. Attachment RWS:nb R. W. Stephens CONTRACT CHANGE ORDER NO_____ ------------ --- CONTRACT no ' ^ - -* ~7- i'Cl ADDITION/(DrteHeN) $ P ^ /---- ------------------- Humble Oil & Refining Company: r approved- __________________ DATE- '//"<-/(- EXCERPTS ______ PROJ. ENG:OWNER: EXX 007323 A L' Brown & Root, inc. On^tne^ij Gyndticictovj POST OFFICE BOX 3, HOUSTON TEXAS 77001 CABLE ADDRESS: BROWNBILT June 30, 1969 ContractC -00-4279 -C Humble GlI & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. MASON Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. > FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT # 92 $ 49.64 Total This change $ 49,64 Very truly yours, BROWN (x ROOT, INC. Attachment RWS: nb | CONTRACT CHANGE ORDER NOO.____ __________ f CONTRACT NQ. -GiJ-AA^-CnATFrv /- 'J-'l'C? | Humble Oil & Refining Company: APPROVED- - DATF- y/'l A-'-/' (, EXX 007324 Brovin & Root, inc. G/iyt nwrJ Gj/tu /7//r/-o ?j POST OFFICE BOX 3. HOUSTON. TEXAS 77001 - CABLE ADDRESS BROWNBILT June 27, 1969 Contract^ -00-762.3 ~C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. D. C. Seamans Gentlemen: I We will perform the additional work described by Design Change #_____^ for a lump sum price of $ 4,607.00. This additional work will necessitate0 days extension to the original contract schedule provided we are authorized to proceed immediately. LABOR MATERIAL EQUIPMENT SUB TOTAL $ 1,884.00 935.00 361.00 70.00 $ 3,250.00 OVERHEAD INSURANCE TAXES BENEFITS MARK - UP TOTAL $ 1,072.00 285.00 $ 4,607.00 Yours very truly, BROWN & ROOT, INC R. W. Stephens RWS:nb EXX 007325 Brown & Root, inc. CctMtiucfow POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABUE ADDRESS: BROWNBILT June 30, 1969 ContractT -00-4531 ~C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. a. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ( FIELD CHANGE AMOUNT FIELD CHANGE /(MOUNT # 14 # 22 $ 273.43 629.72 Total This change $ 903.15 Very truly yours BROWN & ROOT, INC Attachment RWS:nb R. W. Stephens EXX 007326 BROWN & ROOT.INC. Ccnuizaco'vj POST OFFICE BO* 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT June 26, 1969 Contract No, G-00-4386-C Humble Oil & Refining Company Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: We have received a letter from our insulation sub-contractor (Triple B Corporation) explaining additional costs to them on subject job, due to a change in the tank roof condition during floatation. This has been discussed with Mr. E. B. Williams. A copy of the letter is attached, and we are asking that you consider this as a change in the scope of work. If it meets with your approval, please issue a change order in the following amount: MATERIAL LABOR TAX 5% MARKUP TOTAL $ 2,331.00 300.00 93.24 $ 2,724.24 136.21 $ 2,860.45 Thank you for your usual attention, we remain. Yours very truly, BROWN & ROOT, INC. EME : nb Enc _______ _____ , _____ _________ F.- M, Fas fhaTn "contract change ORDER NO.JZ.----------------- contract N'/?fS Cn&TFn- '-///f ADDITION/ (EES3H3N) <0. Y5 Humble Oil & Refining ^Company: APPROVED: PATF- EXCERPTS/^.-- </^ ^9 PROJ. F.NC/lzT'/tfir/l'Jiil2:0WNER:____ EXX 007336 N'> Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B, O'Brien Gentlemen: ( > We will perform the additional work described by Design Change # 2 for a lump sum price of $ 671.00 This additional work will necissitate 0 days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. R. W. Stephens CONTRACT CHANGE ORDER NO.JL...------. CONTRACT Nrv^-^T^'^Z-ClnATFni^Z^L^. ADDITION / (KS=:!gN) .2Z--I--.------------------ Humble Oil & Refining Company-^ APPROVED: DATE: EXCERPTS A/e /C-z. 7/^ f '7 PROJ. ENG:WNER:_______________ EXX 007337 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H, J. Mason Gentlemen: We will perform the additional work described by Design Charfge #______ 1 for a lump sum price of $3.517.00. This additional work will necessitateQ days extension to the original contract schedule provided we are authorized to proceed immediately. LABOR MATERIAL SUB EQUIPMENT $ 975.00 596.00 650.00 302.00 2,523.00 OVERHEAD INSURANCE TAXES BENEFITS MARK-UP -- 782.00 212.00 3,517.00 RWS:nb Yours very truly, BROWN & ROOT, INC. Li/- CONTRACT CHANGE ORDER NO_____ L---------- CONTRACT NO G--00'4X$-C naTFn- ?// 6>/(,9 anniTinM S~/ 7^ ^-------- Humble Oil &. Refinlling Cormppany:^ APPROVEDV: ^rO DATE: EXCERPTS_A/_ PROJ. FNG- /QJl<t`",&xec)sNnER\ EXX 007338 N'-v> Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. * FIELD CHANGE AMOUNT FIELD CHANGE i AMOUNT #6 #7 #8 #9 #10 #11 $ 99.40 129.13 108.32 315.25 72.79 616.02 #12 #13 #16 #17 #18 #19 #20 #21 61.65 295.44 543.82 79.96 95.78 133.00 85.93 231.52 Total This change $ 2,868.01 Very truly yours, BROWN & ROOT, INC. Attachment UJ. R. W. Stephen/ CONTRACT CHANGE ORDER NO._^ ___ CONTRACT IMP, ^ 3/;/7 7/<?-/' AOD'TION/ %2/ riumolo 0.'! 0 Refining Company^ p,rp~;' '2' ''i r~T^Q __ EXCr.RRTh 7"----------- proj. rK'-'S/1/^ EXX 007339 POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADORESS: BROWNBILT June 20, 1969 Contract G -00-4386 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: i Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 7 $178.41 Total This change $ _____ 178.41 Very truly yours BROWN & ROOT, INC RWS: ns Attachment --r-f= -c -av..--J-nL_,*,,--Su.-tvec pyLtiic_.^u.sa._ CONTRACT CHANGE ORDER CONTRACT O'Tion/(SrShtr, f, 4/ / - unoie Oil & Refining Company: APPROVED: ^Y?77Y'Y77'<r. PIT date:------- EXX 0073A0 BROWN & ROOTjINC. &n^one&u) Gmd&uic&yw POST OFFICE SOX 3. HOUSTON. TEXAS 77001 - CABLE AODRESS: SROWN8ILT June 19, 1969 Contract B -00- 7606-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien , Gentlemen: ! We will perform the additional work described by Design Change # ____ 1_ for a lump sum price of $ 382,00 This additional work will necissitate NO days extension to the original contract (schedule' provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. RWS:ns R. W. Stephens I i CONTRACT CHANGE ORDER NO i i CONTRACT A00ITI0N /-fSEUTTfOM) $ tnjay Chemical Company: APPROVED: / '" _______ ' i c EXX 007341 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE 12 AMOUNT $473.40 FIELD CHANGE AMOUNT Total This change $ 473.40 Very truly yours, BROWN & ROOT, INC. RWSrns R. W, Stephens CONTRACT CHANGE ORDER NO.-^- ' CONI RACT NO Attachment ; ADDITION/ (RrEEES^N) Humble Oil & Refining Company: APPROVED: . e>.clkpis_/W_ PPOJ. ENG: .1 MR:_____________ EXX 007342 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: t We will perform the additional work described by Design Change #___ 3 for a lump sum price of $4,730.00. This additional work will necessitateNO days extension to the original contract schedule provided we are authorized to proceed immediately. LABOR MATERIAL MAT & SUP EQUIPMENT TOTAL MARKUP TOTAL $2,007.00 1,208.00 35.00 100.00 $3,350.00 1,380.00 $4,730.00 Yours very truly, BROWN & ROOT, INC. R. W. Stephens EXX 007343 Brown & Root, inc. ^n^nee^ CmdtiucZou POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADORESS: BROWNBILT April 22, 1969 Contract U -00-4396 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ( FIELD CHANGE AMOUNT FIELD CHANGE Amount #8 #9 #10 #11 $ 43.18 215.68 587.19 64.77 Total This change $ 910.82 Very truly yours, BROWN & ROOT, INC. Attachment RWS/bk R. W. Stephens EXX 007352 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. i FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 1 $121.40 2 .187.14 3 515.01 4 199.59 5 305.18 Total This change $ 1.328.31 Very truly yours, BROWN & ROOT, INC. RWS:ns Attachment /r us. R. W. Stephens | CONTRACT CHANGE ORDER NO.. I CONTRACT nd T- O O - 4 5 31 - CnATTru 3J i ?Aj*`L ; ADDITION / (DteT^4 $ L-3..^ & .31 | Humble Oil & Refining Company: .APPROVED: r 1 r\/ I DATE: EXCERPTS PROJ. ENG: Xpl.vy.i rwcn. EXX 007377 2 Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #3 $738.51 Total This change $ 738,51 Very truly yours, BRCWN & ROOT, INC. RWS/bk Attachment U/R. W. Stephens CONTRACT CHANGE ORDER Nf) -4- contract no.^zlfl< DATED \JjLlJL addition / feetetesr $ ~7 5 tLS~* Humble Oil & Refining Company: APPROVED: ^'7 C 7DATE: S/Z.J> EXCERPTS ' ^ PROJ. ENG: OWNER: EXX <807378 J7 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. 5 FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #1 $217.31 Total This change $ 217.31 Very truly yours, BROWN & ROOT, INC. RWS/bk Attachment R. W. Stephens CONTRACT CHANGE ORDER NO CONTRACT ND fC-0` 1(=4'CnATrrv / ADDITION/ <QteS) * Z. / 7 ^3 / Enjay-Chemical Company: APPROVED: OATP- EXCERPTS No 2- "Z-/7 T PROJ. FNG- /ZC.Pc><s/ius? PWNCP- EXX 007379 Humble Oil & Refining Company Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: 1 i We are pleased to offer the following rates for equipment required on above captioned project, such equipment being needed on the job, but not covered in the contract: Item Hourly Daily Weekly Monthly 40" to 42" 2 Drum Sheepfoot Roller - Towed - Less Power $1.00 $8.00 $40.00 $176.00 Thank you for the opportunity of submitting these additional prices, we remain, Yours very truly, BROWN & ROOT, INC. CEL:ns C.E. Li/tt lepa^e 1 ; CONTRACT CHANGE ORDER N0._ ' CONTRACT NO 7590'S/V9?D^TEDt ADDITION/ (3&32E3N) Humble- Oil & Refining Company:^ I APPOv'ED: jZp'J. `l.'CLl EXCEttPTS^!^ RROJ. ENU^.^^^'iyiSo'.VNER:. EXX 007409 Brown & Root, INC. ny< &yudl7//-cZ&?-j POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE May 8, 1969 Contract T -00-4531 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O' Brien Gentlemen: We will perform the additional work described by Design Change # 1 for a lump sum price of $ 349.00. This ' additional work will necessitate 0 days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. TP US. R. W. Stephens RWS/bk | CONTRACT CHANGE'ORDER NO..Zl.___,1" ; CONTRACT Nn/%/-^ : AOOiTITN/ Huir.'.ic Oil & Refining Company: ArPRTVTD: *syc 9 L PROJ. ENG 1VNER. EXX 007486 A Brown & Root, INC. u?ieew Conzltiucfow POST OFFICE BOX 3, HOUSTON. TEXAS 7700t CABLE ADORESS: BROWNBILT May 7, 1969 ContractG -00-4522 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. I FIELD CHANGE AMOUNT FIELD CHANGE 3 $840.00 Total This change $ 840.00 Very truly yours, BRCWN & ROOT, INC Attachment RWS/bk R. W. Stephens CONTRACT CHANGE ORDER NO. CONTRACT : DDAATTEED: JiZzAi, ADDITION/{BEfegSSN) $ O <' " S/Ofr/ DATE: excerpts; *' PROJ. ENG: 3'/^/ OWNER- ex* 3rown & Root, inc. Ccnidliucto-M POST OFFICE BOX HOUSTON. TEXAS 77001 CABLE ADDRESS. BROWNBILT May 2, 1969 Contract L -00- 4467 ~C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. . It is requested that a contract change order be issued accordingly. ( FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #1 $1,114.10 #2 1,656.30 Total This change $ 2,770.40 Very truly yours, BROWN & ROOT, INC. R. W. Stephen Attachment RWS/bk CONTRACT CHANGE ORDER NO___=2-- --------- CONTRACT NflA~^~ ~*4 G7< nATFD- // 9 ADDITION/ (DELETION) Humble Oil & Refining Cor^pany: APPBOVFn- -7^^ ; ^j DATE:_ S/<7(o <-7____________ [ FXGFRPTS PROJ. FNCI- ..... OWNER: EXX 007488 Brown & Root, inc. >ly< Ccrtl/iluc&>ld /IO\ POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT May 2t 1969 ContractG -00-4484 ~C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. i FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 4 918.58 5 394.76 Total This change S 1.313.34 Very truly yours, BROWN & ROOT, INC. RWS: ns Attachment R. W. Stephens CONTRACT CHAIVjE ORDER NO.____ d________ CONTRACT NO. tr-^7-W/^-6)ATFn- ///J~/6 9 ADDITION/(DELETION) $ /3/3\3<A Humble Oil & Refining Company: -- APPROVED: DATE:. EXCERPTS C c?T/<7//Cz?_ PROJ. ENO: Lfo~>n fiWNFR- EXX 007429 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: 1 We will perform the additional work described by Design Change #__20 for a lump sum price of $ 8.116,00 This additional work will necessitate 0 days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, LABOR 628 M.H. MATERIAL SUB-CONTRACT EQT. TOTAL M-UP TOTAL $2,737.00 2,452.00 310.00 440.00 $5,939.00 2.177.00 $8,116.00 BROWN & ROOT, INC. ^!?au R. W. Stephens QUALIFICATIONS: 1. 4 WEEKS DELIVERY ON FAB & GALV. ST. STEEL 2. SPARK PROOF BOXES NOT INCLUDED IN SCOPE OF WORK RWS/bk CONTRACT CHANGE ORDFR NO 2 X CONTRACT NO. 'CC - 4VC]-C, DATFO- 6/2 7 I<># addition/tQErrnow) * j6\0iJ Humble Oil & Refining Company: APPROVED: (J'PfrJ DATE ______________ EXCERPTS Ab | PROJ. ENG: r nwNrp- EXX 007430 Brown & ROOT.INC. GrufineeM Cbvdlmc&n<t ...t, POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT ! April 29, 1969 Contract G -00- 4522 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ` i FIELD CHANGE AMOUNT FIELD CHANGE AMduNT #2 $350.00 Total This change $ 350,00 Very truly yours, BROWN & ROOT, INC. Attachment RWS/bk i?MJ. R. W. Stephensr CONTRACT CHANGE OROcH NO______ 2______ CONTRACT -CnATED: ADDITION/ (Pi.ETE3Nf $ 3^0^ Humble Oil & Refining Company: APPROVED: ____________ ^^DATE:. 'Z/jJCsf------------------------ EXCERPTS A/o PROJ. ENCv C?'/* OWNER: EXX 007431 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 - ._____ 4> 4 nn * A n. O'Brien GEennctlolesmeden:are the field changes listed below. It is requested that a contract change order be issued accordingly. r TFT .0 CHANGE, FTF.TX) CHANGE , amount Total This change $ -------322^17. Very truly yours, BRCWN & ROOT, INC. E. M. Eastham EME-.ns ; ;CNTRACT CHANGE ORDER NO___ :............. ........... CONTRACT /- * // UOiN I KMO I iw i t - ---- _ ____ Attachl,BentAQD!T|ON/$ *^7&' "^7, O "<-/ i Attachments Included ............................ .... I in Change Order I ILPettPer Am,ount Humoie Oil & Refining Company: 32 . / 7 */' ? <?< 6 0 f fi sT - f 7 I APPROVED: i FXCFRPTR /VT | PROJ. FNCv/^/1 "^F^^r/WNFR: Total zlsmj tFtFV 007432 Brown & Root, inc. POST OFFICE SOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT April 29, 1969 Contract Q -00-7465 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 17 $385.87 Total This change $ 385.87 Very truly yours BROWN & ROOT, INC Attachment RWS/bk EXX 007433 \y <jy,- BROWN & ROOT.INC. &n^)nee>td Ccmdtiuc&yi') FOST OFFICE BOX 9. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT April 1, 1969 Contract G -00-4386 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE ^AMOUNT #5 $ 711.92 Total This change $ 711.92 Very truly yours. BRCWN & ROOT, INC. E. M. Eastham ; CONTRACT CHANGE ORDER N0._x--------------- y-T Attachment EME/bk CONTRACT 6 -<SATfrn. / & ADDITION I (Bgl9M) $2//r f ^rr-------------------------- i Humble Oil & Refinin- Ctpcs":/: i APPROVED: J ; DATE--------- ------------------------------------------------------- i ! EXCERPTS /V^- [ ! PROJ. | EXX 007434 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE 87 AMOUNT $99.72 FIELD CHANGE AMOUNT i Total This change $ 99.72 Very truly yours, BROWN & ROOT, INC. EME:ns Attachment E. M. Eastham 1 CONTRACT CHANGE ORDER NO 2 "7 { CONTRACT NO *-gfc7-4t-27^-/nATn> < /Z 7/ j addition/$ 99 n t- Humble Oil & Refining Company: APPROVED:. c. DATF: *4 // 9/Cs* 7 i, j EXCERPTSjk__ '7 i PROJ. ENG: KMt/turns OWNER- EXX 007435 V>i> Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE Amount 1 $588.34 Total'This change $ 588.34 Very truly yours, BRCWN & ROOT, INC. EME :ns Attachment E. M. Eastham | CONTRACT CHANGE ORDER NO_______L------------ I CONTRACT NO. 7/7 ! ADDITION/ifiatfUDEU $_ SggJ* | Humble Oil & Refining Company: APPROVED:. I 0-QyydDATE: _________________ ; EXCERPTS I PROJ. END- OWNER- EXX 00TA36 tobie on 4 Company BE'aytow"n", Tweaxass 77520 B. O'Brien Gentlemen: requested that below, it is Enclosed a contrac at rechathnege fioerldderchbaengisessuelidsteacdc ordingly ( i AMOUNT amount (2,863.05) CREDIT a <0 RA3.05) CREDIT. 5tal This change 5 _--------- -- 5ta Very truly yours, BRCMN & ROOT, INC. E. M. Eastham EME :ns i ',, 1 '0NTKA'" iapic>p~r NO t, CCOONNTTRRAACCTT Attachment AOD|T,ONM0SgSyi $ ^ i Humble Oil & Refmmg APPROVED: ^ ____ , -- Ii Attachments Included l n C-ha"80 O~ rder _______ LLeetttteerr AAmmcount /<?, m r/9\ EXCERPTS^X PROj ENG: ^/^v^2J^V.T'lE R:. Total ?-:r ^ ' 7A37 Brown & Root, inc. &z^7isetd Gmdtiuc&yid POST OFFICE BOX 3. HOUSTON. TEXAS 77001 - CABLE ADDRESS: BROWNBILT March 26, 1969 Contract G -QQ- 4386 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ( FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #4 $19,193.99 Total This change $ 19,193.99 LABOR-FIELD LABOR-SHOP EQT. MAT. TOTAL M. UP TOTAL $14,427.18 268.98 2,263.27 895.44 $17,854.87 1,339.12 $19,193.99 Very truly yours, BROWN & ROOT, INC. E. M. Eastham EME/bk Attachment EXX 00743Q Attention: Hr. H. J. Mason Gentlemen: ( We will perform the additional work described by Design Change #21 for a lump sum price of $ 3,260.00. This additional work will necessitate-0; days extension to the original contract schedule provided we are authorized to proceed immediately. LABOR MAT'L. EQUIP. SUB TOTAL M.U. $1,418.91 346.15 182.40 438.18 $2,385.64 874.36 $3,260.00 Yours very truly, BRCWN & ROOT, INC. E. M. Eastham NOTE: THIS INCLUDES BLINDING, STEAM OUT AND INSULATION REPAIRS. EME/bk j ;tPACT CHANGE ORDER Mn 2.C. ------ , , .ACT NO.^Urf?.7^ATFn. 'ON/ (&SzEaCN) s 3 2.<g -e Oil & Refining Company: A-PROVED: DAJP:-- ______________ rs. No " ' " "-- ___ 0(^1 Hum qWNER: EXX 007439 .. w - G/. /I 'H ' Brown & Root, inc. Ccmdtzz-ic^oic) POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE AOORESS: BROWNBILT March 24, 1969 Contract G -00-4386 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #2 905.92 Total This change $ 905.92 Very truly yours, BROWN & ROOT, INC. E. M. Eastham EME/bk Attachment ."NT-/ACT CHANGE ORDER NO. .2________ CON rKact nriCr-- -Cr^TFn- addition 1 (sssaeN) z !~7..).sL:SL Humble Oil & Refining Company: APPROVED:. s`f'' ^ _______ DATE:. -?A? 7/l, 9 *xtcRPTS^_ j PRJJ. > NOWNER: EXX 007440 Brown & Root, inc. Snyineeu GcmAttucZo-w FOST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS BROWN8ILT March 25, 1969 Contract G -00-4386 -c Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ( FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #3 $1,108.80 Total This change $ 1,108.80 Very truly yours. BROWN & ROOT, INC. EME/bk Attachment CONTRACT CHANGE ORDFR NO T'"~ CONTRACT - C DATFD- /o///6 $ ADDITION/ __________ Humble Oil & Refining Company: APPROVED: DATE: ________________ ?-/^^9 JRQJ OWNER: EXX 0074A1 Brown & Root, inc. Gm^iuc^ou POST OFFICE qOX S. HOUSTON. TEXAS 77001 - CABLE ADORESS: BROWNBILT March 21, 1969 Contract K -00-7553 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. D. C. Seamans Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE AMOUNT FIELD CHANGE i J AMOUNT #3 $153.25 Total This change $ 153.25. Very truly yours, BROWN & ROOT, INC. Attachment EME/bk E. M. Eas tham CONTRACT CHANGE ORDER NO 2 CONTRACT NoK-OQ-7555-CnATrn' 2-7- ADDITION/ (DHXUS4) % /-5S. ZS Enjay Chemical Company: APPROVED: ^ ^ C- 'O* DATE: EXCERPTS ---- ^/Z^/ G 9" / PROJ. ENC,:DA.chorpff},n<j c\v::~R- f EXX 007442 A Brown & Root, inc. POST OFFICE SOX 3. HOUSTON. TEXAS T7001 CABLE ADDRESS: BROWNBILT March 21, 1969 Contract C -00-4319 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ` FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #25 $70.96 Total This change $ 70.96 Very truly yours BROWN & ROOT, INC. E. M. Eastham i CONTRACT CHANGE ORDER NO. 17A ' CCOONNTTRRAACCTT Ni DATED: Attachment ,-mCiTION/ IDELETION) S 7/?>< 9 EME/bk Humble Oil & Refining Commpany: * r,nnAl(rn. J_ S ' "V. | | EXX 007443 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. 1 FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #88 $ 78.75 #89 53.21 #90 261.86 #91 145.91 Total This change $ 539.73 Very truly yours, BROWN & ROOT, INC. EKE/bk Attachment E. M. Eastham CONTRACT CHANGE ORDER NO Z4- CONTRACT NO. C-O0-4 2'lcl-Crl*Trrv t/zifeP ADDITION/ (DELETION) * 3 ^ s7 g Humble Oil & Refining Company: APPROVED: DATE:___ EXCERPTS. Aj o '/ PROJ. ENG: G OWNER:. EXX 007444 V *N \> a Brown & Root, inc. Cond/lur/o-isj POST OFFICE SOX 3. HOUSTON TEXAS 77001 CABLE ADDRESS BROWNBILT March 14, 1969 Contract C-00- 4279 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: ( We will perform the additional work described by Design Change #____ : for a lump sum price of $ 1.722.00. This adiitional work will necessitateQ days extension to the original contract schedule provided we are authori2ed to proceed immediately. Yours very truly, BROWN & ROOT, INC. LABOR - 133 M.H MATERIALS EQUIPMENT TOTAL MARK-UP TOTAL E M. Eastham $ 559.00 665.00 86.00 $1,310.00 412.00 $1,722.00 C'i'ITRACT CHANGE 0RC N .. ..-23 c. Is. .ACT no -00-477`f -C An-3): fr/?.7 k->P A- :'J. r.UN/ i lUinAle Oil & Refining APPROVED: DATE: EXCERPTS /(*>'/ PROJ. PNC: fiU's/J'Mv; exx 007*^5 BROWN & ROOT.INC. 3n^t?iee7(i Ccniti?itc&>w POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS BROWNBILT March 21, 1969 Contract G -00- 4484-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #1 $263.62 #2 185.19 n 185.19 Total This change $ 634.00 Very truly yours, BROWN & ROOT, INC. Attachment EME/bk E. M. Eastham ! CONTRACT CHANGE ORDER NO_____ Z---------- CONTRACT NO DATFn- s/'S/&? ADDITION/ -CDSGE23035T) $_ j'4- Humble Oil & Refining Company: APPROVED: /JJ6cPrV DATE:. EXCERPTS. AJv -r PROJ. PNC- OWNER:. EXX 007*^6 A~ Brown & Root, inc. fvny<7U'e ?<) Ctrtui/j POST OFFICE 80X 3. HOUSTON TEXAS 77001 CABLE ADDRESS BROWNBILT March 25, 1969 ContractC -00-4279 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: J We will perform the additional work described by Design Change #19 for a lump sum price of $ 3769,81. This additional work will necessitate0 days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly. LABOR MAT'L EQUIP. M.U. TOTAL 2229.80 221.23 90.00 2541.03 1228.78 3769.81 BRCWN & ROOT, INC. E. M, Eastham NOTE: ITEMS 11, 17, 20, 23 & 26 ARE A PART OF ORIGINAL CONTRACT, AND HAVE NOT BEEN INCLUDED IN THIS DESIGN CHANGE. EME/bk ` ?r.:i .;ACT CHANGE ORDER NO_____ ---------------i-.:aCT no C-'Ct-up, 7*~-CnATFD: ^A7,A<? ' A .L),TlON/tetSS#4f $ L?, 7^ v ^___________ j , urriole Oil & Refining Company: APPROVED: nATF- 3/'L'7/&-/--------------------------------------- ::XCERPTS_*i_ ,'ROJ. FNfV ftW, OWNER: EXX 007**7 PROPOSAL RECc.IVE.lJ op MAR 2 7 1969 Brown & Root, inc. 6n^neeu'C>H<uuu^ot<i MOWN-dlT P. O. BOX 3 . HOUSTON, TEXAS 77001 Tu^Labrltf Jjorporrtloo 1606$ Upper Day Ro^ -------------------- TSffiodffofr**"* The P"* ---------- --------------------------- ?ri9# 5876 We propose to furnish the necessary supervision, labor, motoriols, supplies, tools end equipment (except os modified hereafter) to perform the work briefly described os follows: -To-install croaa orer in Eaplanada at San Sebaalaln ini' St;- Thcuaa EplBupal CTiawl) in-- M.thod of Paym.nt: u?g,., C0 plctlc uf WUrL. In accordance with the following terms and conditions: 1. Location of work: ------------------------------------------- 2. Plan, and .pacification.: fWnww p>n H.tarf 1<fWdl 11*5,1^8--County, Ta. 3. Prie. for t*i# >= Occaleta for Ltxap Dm of Threa IIqndped"Twnty*Plw Dollar* ml no/100. VWtjoW/ 4. Work covered by this proposal Is guaranteed for a period at gos. year after date of completion, as provided on tne reverse hereof* 5. This proposal Includes Insurance coverage within the followlng^llmlts: o. Workmen's Compensation " b. Employer's Liability: c. Contractor's General Liability: Bodily Injury: Property Damage d. Comprehensive Automobile Liability: Bodily Injury Property Damogo Statutory $ 100,000.00 $100/300,000.00 10,000.00 $100/300,000.00 10,000.00 6. The Contractor will exorcise reasonable diligence to complete the work within ^ j 7. Sp.ctai Condition.iite^m^ nnifonu croeatng of 3U* In lien cf go* ^guuuwel.-- ------------------------- 655.00 to share Lunp than IT peeameuiatlan lJ-aeoeptstilg.----------- This proposal iss oftftered IMke acceptance by you within yri days from this dots, end upon your approval end approval of our home office shaill bee nmeffiBinding a^eoment covering me work horeln described. The terms end conditions, including those on tho reverse side,, are e penTgf the agreement, end must be sttiipf ulafod In any subsequent pyf^hese order or contract Issued. ACCEftTEO AND APPRO^Ot., By. Date:. (Customer) Title THls Lynn HofAnas Office Ea^iuBm Job No.. -W35k Home Office roeM NO. M-1T JM 2 89 Skill, Integrity, end Reapemibillty *X 007462 GENERAL CONDITIONS 1. Monthly progress payments shall be made on approved estimates of work completed, less 107* Final payment shall be made to Brown & Root, Inc., (hereinafter styled "Contractor") at its home office in Hams County. Texas, within 30 days after the completion of the work and its acceptance by customer as being in proper condition and in compliance with the plans, specifications and requirements of customer. Contractor may at any time require satisfactory security, for payment of the price in full, and may cease or delay work pending receipt of such secisity. Customer shall reimburse Contractor for all expenses of collection, including s reasonable allowance for attorney's fees, and all sums past due shall bear interest at 10 percent per annum. 2. Contractor's time for performance will be extended for delays caused by strikes or labor disturbances, fires, floods, storms, or other abnormal weather conditions, delays in transportation or in deliveries of materials, acts of Cod, and other caoses beyond the control of the Contractor. 3. Customer's failure to furnish information or other co-operation, or to make payments as agreed, will authorize Contractor, by written notice, to cancel the unexecuted portion of the work and to hold Customer for the work previously per formed. } 4. Extra work shall not be performed, nor shall the scope-ofwork included in this proposal be increased or decreased, unless authorized by Customer and agreed to by Contractor. 5* It is understood and agreed that Contractor will furnish the insurance described in Paragraph $ on the face hereof, mid upon written request of Customer received within five days of the acceptance of this proposal. Contractor will pr<^ vide additional insurance including increased coverage and/or Limits; and the Customer will reimburse Contractor for the inoeased premium coat in addition to the price quoted above* Contractor's liability, if any, to Customer for loss or damage to Customer's property or for bodily injury, shall in no event exceed the amount of insurance coverage set forth on the face side hereof, plus such additional insurance coverage as Contractor has obtained at Customer's request as previously provided herein. In no event shall Contractor be responsible for loss of use or consequential damages, nor for injuries from the cooditioo of the premises after customer has accepted the work and taken exclusive control of the premises. 6, All representations, warranties, covenants, conditions or promises are printed or written in this proposal or in docu ments referred to herein. No representative of Contractor is authorized to amend or waive any provision hereof, or to obligate Contractor further, save os written approval by the home office of Contractor. In the event of any conflict be tween the provisions of this proposal and those of the plana or specifications or other documents herein referred to, the provisions of this proposal shall govern. 7, Contractor w^raata and guarantees the work performed by Contractor hereunder against defects due to faulty work manship or maMjMtf 'fer s period of one year after completion and acceptance by Customer. As to items of machinery, equipment, or otfoMUMaufactured products, contractor's responsibility is limited to the assignment of the manufacturer's warranty. Caatra8lf assumes no responsibility for the design and engineering of the work nor for Customer furnished or designated materiflh sad extends no other warranty express or implied. Customer assumes all responsibility for the con dition of the work after acceptance thereof, except to the extent of the warranties expressed herein and the liabilities covered in Paragraph 5. EXX 007463 Baytown, Texas 77520 Attention: Mr. D. C. Seamans Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. l FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #1 $219.60 #2 $169.83 Total This change $ 389.43 Very truly yours, BROWN & ROOT, INC. EME/bk Attachment E. M. Eastham CONTEAC CHANGE ORDER *tT / CONTRACT - -X-CC-7SZ3-C, J-7- 6 f ADDITION/ C J3 S' ? 3 Ep.;ay Cherpicc:! Cc'r.pcny. APPROVED: /SZj DATE: ..r &///9/r<& ? iiA'Ciinr i _ V* 'U)jZ/lrrpen,n3 QV/MER:. EXX 007471 Brown & Root.inc. ^<?u'e7tl CcmdtiaeZow r POST OFFICE BOX 3. HOUSTON. TEXAS 77001 - CABLE ADDRESS: 8ROWNBILT March 5, 1969 Contract C -00- 4319-C C' > GvON NO Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien CTi ?5 Gentlemen: > ,O O ' " We will perform the additional work described by Design Change # 11 for a lump sum price of $ 996.00. This additional work will necessitate o days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. EME/bk E. M. Eastham /SCONTRACT CHANGE ORDER NO . CONTRACT PATFD1 f//6 ADDITION/$. <7<7/. /X) Humble Oil & Refining Company: _ APPROVFD: __________ A Z.------------------------- EXCERPTS PROJ. ENO:/V IyC^^OWNFR://^ EXX 007472 A B & R ,rown oot inc. ftnyt r/f-e ?J Ca?id/tur/o u POST OFFICE BO* J. HOUSTON TEXAS 77001 CABLE AOORESS BROWNBILT March 17, 1969 ContractQ -00-7465 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. Mr. A. B. O'Brien Gentlemen: t We will perform the additional work described by Design Change # 2 for a lump sum price of $ 4,856.00. This additional work will necessitate Q days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly BROWN & ROOT, INC. LABOR 444 M.H MATERIAL EQUIPMENT SUB TOTAL MARK-UP TOTAL $1,821.00 1,110.00 552.00 175.00 $3,658.00 1,198.00 $4.856-00. E. M. Eastham EXX 007473 &Brown Root, inc. CcnuiXiucZo'w POST OFFICE BOX 3. HOUSTON, TEXAS 77001 - CABLE ADDRESS: BROWNBILT February 21, 1969 Contract C -00-4319 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. i FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #20 $542.57 #21 240.07 #22 172.43 T* PC""1.* - - rJos Total This change $ 955.07 Very truly yours, BROWN & ROOT, INC. ui c. E, M. "Eastham EME/bk ' CONTRACT CHANGE ORDER NO / / . j contract no<^~?<TnATrn-. ?// Attachment j ADDITION/ (f^vSTSN) T ^ - O'? ! 1 ' ] Humble Oil & Refining Company: j APPROVED __________________ i i EXCERPTb_^r_ ' PROj. ENGWNFR: EXX 007474 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE #23 #24 AMOUNT $ 58.08 121.60 FIELD CHANGE AMOUNT rmuTPArf^ruTi^r npnrp'no""/ 2~. ' !' CONTRACT Nn^V^-46? cf'C dated:. | ADDITION/$ jLIJLAX. \ Humble Oil & Refining Company: I APPROVED^yLM- _________ _ Total This change $ \(7/30 DyE: ------------------------------- EXCER?TSlfL_ i PROJ. FN^/^2'-<^^4^sVMEr>- --------- --------------- 179.68 - -~~------------- ~------------------------- --' Very truly yours, BROWN & ROOT, INC. EME/bk Attachment E. M. Eastham 1^2. EXX 007V75 .1# Brown & Root, inc. 6m^cne&u} Ccmdtiuc^u ______ (i _ __ ___ POST OFFICE BOX_3. HOUSTOJ^ TEXAS 77001 CABLE CONTRACT CHANGE 'ORDER NO. II?.. _______ 1 Nn^//-VT^/^XTnATPri' f//<s//tf CONTRACT March 6, 1969 ADDRESS: BROWNBILT ADDITION/(DELETION) %7< 7$ 7 ^ Contract C -00-4319 -C Humble Oil & Refining Company APPROVED: DATE: T EXCERPTS^kk^ .<=?// "ZYC*4?. o >- Revise: 3-6-69 Due tQ change in scope of work \.o c' \S S: cr> PROJ. FN& ~rcx/?A5\i;vim-PV/j. A/c rtib-Ky ~ '* * Humble' Oil 'STtFffning"C ompahy P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien rr o o tn Gentlemen: We will perform the additional work described by Design Change # 10 for a lump sum price of $ 7759 . . This additional work will necessitate NO days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. E. M. Eastham LABOR MATERIAL EQUIPMENT SUB MARK UP TOTAL $3,315.00 1.712.00 687.00 18.00 $5,732.00 2.027.00 $7,759.00 NOTE: Should the above quoted price be unacceptable we propose to collect for labor, material and equipment already ex pended (at the request of Humble Field Representative) by Field Change. EME/bk EXX 007476 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #2 $513.32 #3 $155.54 Total This change $ 668,86 Very truly yours, BROWN & ROOT, INC. EME/bk Attachment E. M. Eastham f CONTRACT'CHANGE ORDER NO. CONTRACT No/t^' DATFn- f/?' Z j ADDITION/ (DELETION) $ /rA $ _________________ 1 Cr,;;:y Chemical Company: Ar-R.VCVED'_L, \C7&> C^ATE:. 1 EXCE.-.vTS N * ' i PROJ ENC^/'A OWNER' EXX 007477 & ^ Brown & Root, inc. n c7iee>u CcnidtiucZou Ja POST OfillCE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT March 5, 1969 Contract L -00-4467 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 < I Attention: Mr. H. J, Mason Gentlemen: i i We will perform the additional work described by Design Change # 2 for a lump sum price of $ 7,00700 . This additional work will necissitate 0 days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. ---- E. M. Eastham LABOR 640 M.H. MATERIAL EQUIPMENT TOTAL MARK-UP TOTAL $2,560.00 2,529.00 160,00 $5,249.00 1.758.00 $7,007.00 -- EME/bk . CONTRACT CHANOF ORHFR NO 2. CONTRACT KQ).L-0O-44&7-C^Tm- //,?/<& 7 ADDITION/ t s^-------- :------------------- ------ Humble Oil ^ Refining Company. APPROVED' DA/E:--^////^ 9 EXCERPT.A NO f PROJ. 'c5\Ci-.'Lft;//tr n\a/nfr- ca > C r > CO o NO ^ 5 Ov g O U w -" `t - r-i r EXX 007478 Humble Oil & Refining Company Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: We are pleased to offer the following rates for equipment ( required on above captioned project, such equipment being needed on the job but not covered in the contract: { ITEM HOURLY DAILY WEEKLY MONTHLY Grace-10 Wheel Pneumatic Roller-Towed (Less Power) 1.00 8.00 40.00 176.00 This item of equipment has been discussed with your jobsite MAC representative. Thanking you for the opportunity of submitting these addition al rates, we remain. Yours very truly, BROWN & ROOT, INC. CEL/bk ; CONTRACT CHANGE ORnFR NO. CONTRACT C r>ATTD- ///?* ADDITION; yfa Humble Oil & Reining QComnipany; APPROVED: 77 * < S/Shc c; -i i'-? " ? PROJ. ENG: EXX 007479 bFJOl`/iJ o Ci UOQ` I [Vj C. CbtoiZ'Mc&yb) POST OFFICE eOX 3. HOUSTON. TEXAS 77001 CAOLE ADDRESS: QRO, ^3 February 6, 1969 Contract L -QQ-4467 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: i i i We will perform the additional work described by Design Change # 1 for a lump sum price of $ 8,242.00 . This additional work will necessitate 0 days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT,' INC. & , E. M. Eastham LABOR 702 M.H. MATERIAL EQUIPMENT TOTAL MARK-UP TOTAL $2,809. 00 3,095. 00 200. 00 $6,104. 00 2.138. 00 $8,242. 00 CON MAC T CH ANGE ORDER NO. / CONI '(ACT ;-;o ^ -0P-4-4 67-fnATFTY //<?/<? AOCiT 'f'1 .l;|_u _!o r - 1 -------- 2cy-.-L---4----Z-'-.'Ming Company: L V-' - G.'EO: r. " `V/,. , Ji~ 0 \TI: EXCERPTS. A/o /> r :j. ENG A7/ filler- OWNER- -- ~ T|. 0074g7 '!%? FLB AM 10 ?A Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H.' J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ( FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #5 $148.10 Total This change $ 148.10 Very truly yours, BRCWN & ROOT, INC. Attachment E. M. Eastham Cr -CC-4iJ: C i: - ;eZkJJJJLL^L EXX 007488 Shown <i\ Hoot, inc. nyi//cc?-j Con^tac/o-u POST E eox 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWN 51LT February 20, 1969 Contract L -00- 4441-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H . J. Mason Gentlemen: > Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly FIELD CHANGE #10 #11 #12 #13 #14 AMOUNT $128.33 50.90 101.80 50.90 425.06 FIELD CHANGE #15 #16 #17 #18 AMOUNT ) $ 98.97 325.52 467.04 58.35 Total This change $ 1,706.87 Very truly yours, BRCWN & ROOT, INC. EME/bk Attachment E. M. Eastham v. ...i. r luU.8. ! .. ..... / 7 O 6j _ ...... .... I ' u MU'Ll'c 'V r-u.'.vv.c.- EXX 007*89 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field chc"ges listed below. It is requested that a contract change order be issued accordingly. ( FIELD CHANGE AMOUNT FIELD CHANGE AMdJNT #86 $194.15 Total This change $ 194,15 Very truly yours, BROWN & ROOT, INC. Attachment E, M, Eastham C(j;:<7'',CT CHANGE C NO____ ---------------- CON ...ACT \n 0 PC- 4- C o.\7I ' ADDITION / (DELETION) $ ____________ Hurnfols Oil &. F'li.Nr.i v /, ' "/) A A.-,'nC. __'cjJi__ ___ _ t.*:i J~ DAT E:._2V/4'/o9 ! EXCFHPTS v I RROJ. con- 4-~ 7 ieiittJ. nv.'NER:. I i l EXX 007490 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 18 222.91 19 122.26 Total This change $ 3A5.J.7 Very truly yours, BRCWN & ROOT, INC. -z,/" EME: ns Attachment E. M. Eastham ; CONTRACT CHANGE ORDER NO i CONTRACT * ADDITION / (L'TUlXION) $ j Humble Oil & Refinin^)';cm _______________ APPROVED: ___ i -SteA/M._______ 1" I' EXCERPTS RROJ. ENG "OWNER:.... EXX 007491 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. < FIELD CHANGE AMOUNT FIELD CHANGE i AMOUNT #10 $25.54 Total This change $ 25.54 Very truly yours, BRCWN & ROOT, INC. EME/bk Attachment y* // E. M. Eastham i.o\'tract ci:Ai;::5 order ko..!Z2L_-- CONTRACT \ addition / '.C DATED:-- ^ ^------------------- Hom`:lc Oi! & P.i-r.r^z Coiv^ny: f OpF- *y- /i '/ AT'- ( ' - . '7- yy 7 '. A '/ //. r- -'d.-* LXCru`-;b /Y.e: _ r;0J. EXX 007^92 Grown o C4 ;'00T, IttC. <ru'CiJ CorulttaclcsU OFFICE BOK 3. HOUSTON. TEXAS 77Q0t CABLE ADDRESS: QnOSVN31LT February 18, 1969 Contract G-00- 4484 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: tf We will perform the additional work described by Design Change # 1 for a lump sum price of $ 1.515.00. This additional work will necissitate 0 days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. LABOR 181 M.H. $ 724.00 MATERIAL EQUIPMENT 269.00 50.00 1,043.00 MARK-UP TOTAL 472.00 $1,515.00 E. M. Eastham ~L",V\CT change o.: : ;::j_____ ~.\2T Nn..^r_:g- -7-/?V-C L -..VCD: ;M / T>___ /,-VVcQ cn &" R*Ws^r.y::--:: v .yV\.<L.LA ZlIkt'JzfL___ ___________ i_ ^... ; Cy/]l^Zyyn_c-y^- i EXX 007493 Humble Oil & Refining Company P. 6. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT U 726.02 #7 161.76 \o >- CD ro Total This change $ 887.78 Very truly yours, n- X > ui CO 0\ BRCWN & ROOT, INC. E. M. Eastham EME/bk Attachment 'ONTRACT CHANGE~ORDER N0.JU CONTRACT NQ^^2^^-^nATFn. ADD'TION/(Qi^SON) * Jf f % 7& Humble Oil & Refjnine Company: APPROVED: U f< </-^A 7 DATE:. EXCERPTSZzlf- A cr / PROJ. ENG:. OWNER:. EXX 007494 zir Brown & Root, inc. &n^t7beci^ CcmdX'uccXoi.j POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT February 14, 1969 Contract U -qq- 4396-c Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ` FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT #5 $313.36 Total This change $ 313.36 Very truly yours, BRCWN & ROOT, INC. Attachment E. M. Eastham :0N TRACT CHANGE"oRDEfThia^ CONTRACT ADDITION/ (StggTrJN) DATED: ^ ______________ j Humble Oil & Refininv Ccrrmany: APPROVED: {7/20 DATE:Z_SSjZZIl---------------------- I EXCERPTS ,, PROJ. ENG:5yO/-f-y L OWNER.-. EXX 007495 A Brown & Root, INC. n^imecid CmiAzucow POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT January 29, 1969 Contract C-00- 4319-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: i We will perform the additional work described by Design Change # 9 for a lump sum price of $ 590.00. This additional work will nec ssitate NO days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly. BROWN & ROOT, INC. EME: ns E. M. Eastham CONTRACT CHANGE ORDER NO..' CONTRACT ?/?/</ ADDITION/ /<2.------------------------------ 5 l i J EXX 007496 BROWN & ROOT,INC. Co>iducc&yui POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADORESS: 8ROWN0ILT January 30, 1969 Contract C -QQ-4279 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ) FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 85 876.23 1 Total This change $ _____ 876.23 Very truly yours, EME :ns Attachment ; CONTRACT CHANGE ORDER NO..... 21 j CONTRACT NO. C'Ce-dZI f'^iATFD- /2 7 /<f ' ADDITION! / W' 8 V6t, y2" ^ Humble Oil & R^1'nMjniigiM-^^oummp|ajanii)yf:. APPROVED:^/ ; yQr^J DATE: !-/3 A: EXCFRPTR PROJ. FNfT CsSU/t/h ^mJnWMFP' EXX 007497 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ` r FIELD CHANGE AMOUNT FIELD CHANGE Amount 1 574.74 2 746.14 3 653.36 4 139.94 Total This change $ 2,114.18. Very truly yours. BROWN & ROOT, INC. EME:ns Attachment E. M. Eastham CONTRACT CHANCF ORDFR NO t CONTRACT NO. ADDITION/t&ri -Tl":;, <t DATE0:_^Z^lZ^. o '+\" Humble Oil & Reining Company: APPROVED: f' &(/^ DATE: ^ 9 ' EXCERPTS fi/o PROJ. ENO: Mt+ts/tc-// nWNFP- EXX 007498 BROWN & ROOT,INC. ZyrupineeM CbndtiiccZoM POST OFFICE BOX S. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT January 31, 1969 Contract L -00- 4441-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 1 122.90 2 269.34 3 175.48 4 127.23 5 168.49 6 50.90 7 144.12 8 206.66 9 101.80 Total This change $ 1,366,92 Very truly yours, BROWN & ROOT, INC. o ea.-- EME:ns Attachment E. M. Eastham j CONTRACT CHANGE ORDER ND / CCNiiCACT i\'n/~gg~^^/~^nflTFn- ///1-7 ADDITION/& \?Z Humble Oil & i< APPROVED: A^nJ DATE:_____ mpany: EXCERPTS PROJ. ENCT/fr?^LavLe.r nwMFP- EXX 007499 Brown & Root, INC. Sn^in&e'id Gmdizuc&n<) POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE AOORESS. BROWNBILT February 4, 1969 Contract No. T-00-4473-C Humble Oil & Refiaing Co. Baytowa, Texas 77520 Atteation: Mr. A. B. O'Briea Gentlemen: We are pleased to offer the following rates for equipment required on above captioned project, such equipment being needed on the job but not covered in the contract: Item Hourly Daily Weekly Monthly ) } T-6 Tractor Dozer $6.00 48.00 240.00 1,056.00 Thanking you for the opportunity of submitting these additional rates, we remain. Yours very truly, BROWN & ROOT, INC. CEL:bk C. E. Eittlepage CONTRACT CHANGE ORDFR NO 7-- CONTRACT NO. /-<?& '^7? ('IWrn. /// /6$ ADDITION/ (DfirnSN) T/* Affair Humble Oil & Re/tpin^ APPROVED: ipany: //^ DATE:--------?___________________________________ 1 EXCERPTS PROJ. ENGA d. _______ -- EXX 007500 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Hr. A. B. O'Brien Gentlemen: We will perform the additional work described by Design Change # 2 for a lump sum price of $ 140.00. This additional work will necessitate 0 days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. E. M. Eastham CONTRACT CHANGE ORDER NO.J^.'-'. , CONTRACT n'7V9natfn //^ ADDITION/ $/Vz2^_____________ ~ Enjay Chemical Cpmpany: APPROVED:.^ DATE ' tXCERPTS PROJ. ENG Z EXX 007501 A Brown & Root.inc. &i^cn^u g POST OPPICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS.- February 12, 1969 Contract No. T-00-4473-C Sludge Removal Humble Oil & Refining Co. Baytown, Texas Attention: Mr. A. B. O'Brien We are pleased to offer revised rates on the equipment for above captioned project. This equipment is required for the job, but is not covered by the contract. * ITEM HOURLY DAILY WEEKLY MONTHLY Allis Chalmers Model D Maintainer 4.00 32.00 160.00 704.00 This item has been discussed with your jobsite M & C representa tive. This letter supersedes our letter of February 10, 1969. Thanking you for your usual attention, we remain. BRCWN & ROOT, INC. CEL/bk f CONTRACT CHANGE ORDER NO 9 CONTRACT NO./^- <A/7/T'nATrn- /// / ADDITION/ (eaSTION) /.srTZr. Humble Oil & Refining Company: APPROVED: PROJ. ENa-.^A mfp. EXX 097502 Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. ` D CHANGE AMOUNT FIELD CHANGE i AMOUNT 78 821.45 79 435.44 80 945.29 81 173.86 82 250.25 83 3,989.64 84 2,133.52 Total This change $ _____ 8.749.45 Very truly yours, BRCWN & ROOT, INC. EME:ns Attachment CONTRACT CHANGE ORDER NO.. '<? CONTRACT NO C-00-4ll<f-C nATFf> &/2. 7 /&# ADDITION/ tsssc; 5. 74^s Homtio Oil & aK:' . r,ir:g Company: I . - //Z 3/h </__ UAJno / / . ^ & I'Jt //'? /HJhWNFR- EXX 007519 Brown & Root, inc. Cvufin-eeM CcmdfiutcZbtt) ---------- 5a---------------------------------------------------------------------------------- POST OFFICE BOX 3. HOUSTON. TEXAS 77001 - CABLE ADDRESS: BROWNBILT January 22, 1969 Contract C -00- 4279-C I CONTRACT CHANGE ORDER NO.___ ^________ C'ji.,T act mo -4-1 A^-^ATPn- /z 7 j A JwiTJON/ <p -Zf> = > f' J Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: We will perform the additional work described by Design Change # IB for a lump sum price 3f $ 2,006.00 This additional work will necessitate NO days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly. BROWN & ROOT, INC. E M. Eastham BREAKDOWN: LABOR 194 MH MATERIAL EQUIPMENT MARKUP TOTAL THIS LETTER SUPERSEDES LETTER OF JANUARY 20, 1969. $ 843.40 470.76 86.15 $1400.31 605.69 $2006.00 EXX 007520 Brown & Root, inc. QnuUiucUu POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS': BROWNBH Contract C-00-4319-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. rTF.T.P CHANGE AMOUNT FIELD CHANGE AMOUNT 16 88.27 1C Total This change $ 852.02__________ . Very truly yours, BROWN & ROOT, INC. E. M. Eastham '-'X' - EME:ns Attachment wCoUinv ti rrvaf\Lc/1t cunhravnHgueu owtrud-rewri* n.o^._Z_-- . CONTRACT ADDITION / DATED $ A f gP.;.7^> ... . Humble Oil & Refining-Company: APPROVED; Attachments Include in Change Order-___ Letter Arrout?. /-/77 7 J25LLJ-..- EXCERPTS-^--- Ph'OJ. ENG^CZ^SS^^'OVA'IER?. 1 Total m+J ..*i -------------- EXX 007521 A Brown & Root, INC. &n^/'ne/>7<l CortiitucZbu E SOX 3. HOUSTON. TEXAS 77001 - CABLE ADORESS: BROWNBILT January 17, 1969 'f \1 Contract C -00- 4319-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. . FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 12 102.68 13 301.17 14 196.10 15 398.78 Total This change $ 998.73 Very truly yours BRCWN & ROOT, INC EME:ns Attachment E. M. Eastham EXX 007522 Brown & Root,inc. GondZtucZo^j POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE AOORESS; BROWNBILT / January 27, 1969 Contract G-00- 4326-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: l i i We will perform the additional work described by Design Change # 5 for a lump sum price of $ 1,441.00. This additional work will necessitate NO days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. QUALIFICATIONS: E. M. Eastham 1. DOES NOT INCLUDE REMOVING M.O.V. 735 OR 6" VALVE DURING DOWN TIME, PER AGREEMENT WITH HUMBLE REPRESENTATIVE. CONTRACT CHANGE ORDER NO. .. CONTRACT Nfi/# -`/'Jit ^nATrrv /// _ ADDITION/(DELETION) ? A ______________ EXX 007523 B & R , .rown oot inc &tijU7i&eid CbiuiZiucZ-ot*j POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE AO DR ESS: BROWNBILT December 19, 1968 Contract C-00- 4319-C Humble Oil & Refining Company P. 0, Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien t Gentlemen: f ) We will perform the additional work described by Design Change # 7 for a lump sum price of $ 798.00 This additional work will necessitate no days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. EME: ns E. M. Eastham J EXX 007524 Brown & Root, inc. 7 viyt Ui&te CondZiuctoisJ POST OFFICE BOX S. HOUSTON. TEXAS 77001 CABLE ADDRESS BROWNBILT January 24, 1969 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. Gentlemen: A. B. O'Brien V Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE 1 2 3 4 AMOUNT 643.48 189.43 128.57 309.37 FIELD CHANGE AMOUNT VO VO ro Total This change $ 1,270,85 Very truly yours, BRCWN & ROOT, INC. VJl ro EME:ns At tachment E. M. Eastham CONTRACT CHANGE ORDER N0._2= CONTRACT //- ADDITION/ (DELETION) $ </ 0-rI.QiZJl.--------------------- Humble Oil & Re?jnin3.X.ompany: APPROVED: jJ, C\ -Tin, EXCERPTS | PROJ. OWNER:., EXX 007525 POST OFFICE BOX 3. HOUSTON, TEXAS 77001 CABLE ADDRESS: BROWNOILT January 16, 1969 Contract: Q -00- 7465 -C / Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: ^ ,, l { We will perform the additional work described by Design Change A 1 for a lump sum price of $ 775.00. This additional work will nec ssitate NO days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly BROWN & ROOT, INC EME:ns E, M. Eastham NOTE: THIS LETTER SUPERSEDES LETTER WRITTEN DECEMBER 30, 1968. CONTRACT CHANGE ORDER NO..*?. PRO). F.NO- /'S'- /-T y,, OV'RER: EXX 807526 (LS BROWN & ROOT( INC. Cb?ultstc&>u POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT January 29, 1969 Contract T-00-4432-C" On SO Humble Oil & Refining Company Baytown, Texas 77520 Attention: Mr. A. B. O'Brien rr >< cn CO co Gentlemen: We are pleased to offer the following rates for equipment required on above captioned contract, such equipment being needed on the job, but not covered in contract: ITEM HOURLY DAILY WEEKLY MONTHLY Gradall 13.00 104.00 520.00 2,288.00 The use of this machine has been discussed with your Mr. C. N. McClelland. Thanking you for the opportunity of submitting these additional rates, we remain, Yours very truly, BROWN & ROOT, INC. ( CEL:ns ~NO*^r CONTRACT CHANGE ORDER . CONTRACT NO. -4fUTFn- //A > //' 9 ADDITION/ (DELETION) tin*L Humble Oil & Refining Company: APPROVED: ______________ da;e:--//z.l/^7------------------------- EXCERPTS^ik^rT L PR0J. FNP,^A/WNPR- EXX 007527 Brown & Root, inc. CcmdttucZow POST OFFICE BOX 3. HOUSTON. TEXAS 77001 - CABLE ADDRESS: BROWNBILT January 27, 1969 Contract No. T-00-4473-C Sludge Removal f)l\T Humble Oil & Refining Company Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: We are pleased to offer the following rates for equipment required on above captioned project, such equipment being needed on the job but not covered in contract: ITEM HOURLY DAILY WEEKLY MONTHLY 1/2 C.Y. Dragline w/bucket . 9.00 72.00 360.00 1584.00 Thanking you for the opportunity of submitting these additional rates, we remain. Yours very truly, BRCWN & ROOT, INC. C CEL:ns------- ------------------ ------ CONTRACT CHANGE ORDER NO.^1 CONTRACT NO 7^2/?' P'/7?--)ATFn- /- ADDITION M&=tSSe51) svcc*'a/ Humble Oil & Refining Company:^ APPROVED: (?/?0 D?TE:- FXCERPTS 7_________________________ PROJ. E EXX 007528 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 9 78.75 10 149.15 11 503.42 Total This change $ ______736.32 Very truly yours, BROWN 4 ROOT, INC. EME:ns Attachment EXX 007529 Cr'?lo/?>, /' POST OFFICE BOX 3. HOUSTON, TEXAS 77001 CAPAS ADDRESS BROWNBILT January 3, 1965 Contract Q -00-7465 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B, 0tBrien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE 7 8 9 10 11 12 13 AMOUNT 137.48 137.48 137,48 137.48 254.33 254.33 254.33 FIELD CHANGE 14 15 AMOUNT 254.33 234.88 Total This change $ l,,80?f. ]2. Very truly yours, BROWN & ROOT, IRC. EME:ns Attachment EXX 007530 Er^OV'-': ! L: iOvV, JfvC. >WtJ Cbndtiuc/oi- POST OFFICE: BOX 3. HOUSTOK. TEXAS 7700' CAELE APD.JESS: BCOWNDILT January 8, 196y Contract T-00-4432-C Humble Oil & Refining Company Baytown, Texas 77520 Attention: Mr. A. 3. O'Brien Gentlemen: Ue wish to offer rental rates for the following items of equipment which is necessary and in use on work being performed under *bove captioned contract, but such rates are not included in the contract: HOUR DAY WEEK MONTH 3000# Me Farland Test Pump $1.00 8.00 40.00 176.00 Car 1.00 8.00 40.00 176.00 Thanking you for the opportunity of submitting these additional rates, we remain, Yours very truly, BROWN 6 ROOT, IRC. CEL:ns pi i.>r t*5*\ L / 'St r'C. C. E. Eittlepage" CONTRACT CHANGE. CnD*-R N'> cV____ ______ [ COM T RACI NOZ:<-t?..vA//V Cm,Tl T^// /''_^ 0 I Al.C'TICN/ [CriETiOI'T! /A-'' -a MuinLIc Oil & Refjiinp, CcTipcr'y: f ; . /= /, ) ; APP00V1D-1 & At S IV-.TC: t. vrE'. / / A' / , . jj c.vy' p- EXX 007531 & THROWN & ROOT, INC. Sn^inee'id Condtutcfow FOST OFFICE BOX 9. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWN8ILT December 19, 1968 Contract C -00-4319 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: t t We will perform the additional work described by Design Change # ____ 6_ for a lump sum price of $ 713.00. This additional work will necessitate ________________ days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. EME:ns E. M. Eastham SZL CONTRACT change order no.^=___ contract Nn<^v%? -^SS/'y-C 7 ADDITION/ (BStEHQN) S 7/3 -- ___________ Humble Oil & Refining Cgmpany: APPROVED: > t. r-^-A ^7--V EXCERPTS /VTi 9------------------- i PROJ. ENC,:/7 / /it-*--A-S>'QV.'NPP- EXX 007532 Brown & Root.inc. Co?idjtiuc&yM ..7--.T- FOST OFFICE BOX S. HOUSTON. TEXAS 77001 CABLE AD0RE33: BROWN8ILT January 8, 1969 Contract C -00- 4279 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 76 974.41 77 1,699.95 Total This change $ 2,674.36 Very truly yours. BRCWN & ROOT, INC. EME: ns Attachment E. M. Eastham CONTRACT CHANGE ORDER NO____ ----------------------CONTRACT NO ^-<?o--^?77-ghATFn: ^/?7 16$ ADDITION----- --- $_____ \3.---------------------------------- Hum-1: C A . 3 JConnpani;: _J: /V ^ fj--'L'7^c--*v DATE: // / :7 . , EXCERPTS_7iL_ j f;::oj. f^o /i/sm ov.'nfp- EXX 007533 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: ( Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. 1 FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 382.45 Total This change $ 382.45 Very truly yours, BROWN & ROOT, INC. EME:ns Attachment E. M. Eastham CONTRACT CHANGE ORDER NO 2-- CONTRACT -^-narrr,. X/ //f addition/ (passscj) a 3 f ______________ HumiWble Oil & Refining Company: yj APPROVED <-/-/ Tn. Ax_T <2*0 t/jZL EXCERPTS _A/e. PROJ. nivMrn. 00753A exx ^Q3'0. Brown & Root, inc. Ca/Kizuc&y&) TEXAS 77001 - CABLE A0DRE33: BROWNBILT January 9, 1969 Contract C -00- 4279 -C Humble Oil & Refining Company ?, 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: ( We will perform the additional work described by Design Change # 16 for a lump sum price of $ 699.00 . This additional work will necessitate NO days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. EME:ns E. M, Eas tham CONTRACT CK.\:.' M ORDER NO_______ LL CONTRACT 4* 7 ^-CqatfD- ADDT ... - -.g Company: , - t:D.____;'/ -Av. DATE: // f ^cerpts PJo 7 7 j pR0J. ENG: ,^UJ//Ji^ifn S rny^||-p. 'AA 'A/_ EXX 007535 BROWN & ROOT.INC. &nyineete Co?hbtiuc&yuj POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT January 9, 1969 Contract C -00- 4279 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. t FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 52 203.03 53 213.17 54 312.24 55 201.73 56 1,321.34 57 368.04 68 230.57 69 107.94 70 261.92 71 980.88 72 165.76 73 818.28 74 174.68 75 57.32 Total This change $ 5,416.90 Very truly yours, BROWN & ROOT, INC. EME:ns Attachment E. M. Eastham EXX 007536 \1 BROWN 8t ROOT.INC. Gyridtiucfou POST OFFICE SOX S. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWN8ILT January 8, 1969 Contract C-00-4279-C Humble Oil & Refining Company Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: , In accordance with a request from Mr. C. N. McClelland, we are submitting this request for payment in letter form. The changes that brought about this addition were requested by Humble M and C. The additional charges including mark-up are $117.48. Thank you for your usual attention, we remain. Sincerely, BEOWN & ROOT, INC. EME:ns . M. Eastham EXX 007537 Brown & Root, inc. 3n^ineei^ CondPuic^au (OST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT January 9, 1969 Contract G -00- 4326 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. 0*Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. 1 FIELD CHANGE 9 AMOUNT ($432.20) CREDIT FIELD CHANGE AMOUNT Total This change $ 432.20 CREDIT. Very truly yours, BROWN & ROOT, INC. EME:ns Attachment E. M. Eastham ' ONTRACT CHANGE ORDER NO.gf______________ ___ contract ^ CnATrfV ?// \7<Zf (DELETION) ______________ EXX 007538 'b V //i U Appropriation* 107-9347; 519-9352 THIS AGREEMENT, entered into this / -S Contract No. day of ^ G-00-4484-C 1969 , by and between HUMBLE OIL & REFINING COMPANY, hereinafter referred to as "Humble," and BROWN fr ROOT, INC. , hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein Humble and Contractor agree as follows: 1. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform all work In accordance with "Specifications for Earthwork, Foundations, and Piping for 67-Foot-by-48-Foot Tanks 73 and 76, Humble Oil t Refining Company, Baytown, Texas," dated December 30, 1968; Exhibit "A" entitled "General Specifications," dated February 1, 1966; and Exhibit "B" entitled "Earthwork, Foundations, and Piping for 67-Foot-by-48-Fo6t Tanks 73 and 76," dated December 30, 1968, copy of each and of each drawing and Baytown Engineering Standard referred to In the specifications attached and made a part hereof. Contractor shall utilize existing earthwork for firewall construction, etc., unless Humble designates such existing earthwork as unsuitable for such use. Contractor shall start this work the week of January 20, 1969, and shall complete all work before March 29, 1969* 2. As consideration for the satisfactory performance and completion of this work by Contractor, Humble agrees to pay Contractor the sum of FIFTY-THREE THOUSAND TWO HUNDRED FIFTY-SEVEN AND N0/100 ($53,257.00) DOLLARS, plus the sum of THREE AND N0/100 ($3.00) DOLLARS per cubic yard (truck measure) for any clay fill which Contractor must Import In order to complete construction. This price Includes removal from the construction area of any existing earthwork which Humble designates as not satisfactory for use in construction of firewalls, etc. This removed material shall be hauled by Contractor to areas In the Baytown Refinery designated by Humble. EXX 007533 3. Contractor shall observe all refiner.- safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations," dated June 1, 1966, a copy of which is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regulations" shall apply to all subcontractors and their employees as well as to the prime contractor and its employees. Contractor shall notify its employees, its sub contractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow anv of such persons to begin work inside Humble's Baytown Refinery until such' notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such specifications by Contractor nor Humble's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 4. Although Contractor shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, Humble reserves the right to have an inspector on the job. Any material which Humble considers unsatisfactory shall be re moved and replaced at Contractor's expense. Neither inspection, waiving of inspection, nor acceptance by Humble shall relieve Contractor of its obligation to furnish all materials and work manship in accordance with specifications. ' 5. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Humble's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Humble being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and Humble agree as follows: A. Contractor agrees to indemnify and hold Humble harmless from all claims, actions, demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negligence or willful acts of Humble or its employees. -- (2) From (a) injuries to or deaths of persons, including employees and representa tives of Humble, which result : i whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Humble and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Con tractor shall not be responsible for damage to Humble's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which result in whole or in part from willful acts or the negligence of Contractor, its employees, agents or sub contractors, in connection with the handling and use of utilities furnished by Humble, except that Contractor shall not be responsible or liable for such damage to Humble's property resulting from fire or explosion. B. In addition Contractor agrees to carry insurance as follows: (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. -2- EXX 007540 (2) Comprehensive General Liability Insurance (including Contractors' Protective Liability when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than S 100,000 for one person injured or killed and, subject to such limit, $100,000 f0r more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $100,000 for each accident, and $100,000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than S 100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $50,000 for each accident. C. Prior to commencing work hereunder, Contractor shall produce evidence in a form satisfactory to Humble that all insurance required under this agreement is in force and carried with companies acceptable to Humble and that such insurance will not be materially altered or cancelled while the work covered hereby is in progress {without a reasonable prior written notice to Humble. Upon request of Humble, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Humble shall have the right to procure same and deduct the cost thereof from the consideration to be paid Contractor hereunder. 6. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Humble by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Humble harmless from and against all such claims and liens. 7. Contractor agrees that if, in the opinion of Humble, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or materials for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof, or should not be performing this contract in the manner herein provided, Humble may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Humble should exercise such right, it shall have the right to use all or any part of Contractor's tools or equipment then in use on the job but shall pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by Humble and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Humble, ordinary wear and tear excepted. Should Humble take over the completion of said job, or obtain another contractor to do so Humble shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Humble shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. -3- EXX 007541 542-3'33-3 8. Contractor agrees that upon the completion by it and acceptance by Humble of the work herein contracted for it will furnish Humble with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Humble to Contractor, subject, however, to the right in Humble to withhold pavments in accordance with the provisions of Article 5469, Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Humble that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, Humble, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the value of the work then completed, based upon estimates by Humble's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 9. In the event there is a conflict between any of the provisions hereof and any of t::e proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire understanding of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 10. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of con stituted authority. 11. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Humble may be required or deems it neces sary to pay such taxes or charges, Contractor agrees to furnish Humble with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Humble on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Humble may be required or deems it necessary to pay. In addition, Humble, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. 12. In connection with the work provided for hereunder, Contractor (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to Humble, any such material or equipment which may become defective within one (1) year from Humble's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Humble to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of Humble's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 13. In the event Humble loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees; a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; -4- EXX 007542 b. That such tools or equipment will be loaned or furnished and accepted by Con tractor without warranty or representation by Humble as to their condition; c. To return such tools or equipment to Humble at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Humble harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 13, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Humble may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by Humble. 14. Humble may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Humble may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Humble desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 2 above, Contractor shall submit to Humble an estimate of such increase or decrease. Should Humble desire to proceed in accord ance with such estimate, Humble shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction* therefor. If Contractor has not obtained a Contract Change Order, signed by Humble's appointed representa tive, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. 15. Contractor shall procure Humble's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this contract, and, as between the parties hereto, Contractor shall be and remain liable as if no such subcontract had been made. No subcontract shai. _ind or purport to bind Humble but shall contain a provision permitting assignment thereof by Contractor to Humble. 16. It is understood and agreed that Humble may, upon written notice to Contractor, termi nate the work provided for hereunder. In the event of such termination, Contractor shall be reim bursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection wFth such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. ATTEST: SECRETARY HJM :tk (CVMcKean) HUMBLE OIL & REFINING COMPANY By Materials Manager Baytown Refinery EXX 007543 542-3 t 33-5 CONTRACTOR 1S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I Before me, the undersigned authority, on this day personaliy appeared 1^ J. DERR;Ck known to me to be the i person whose name is subscribed to the foregoing instrument as, __________________ _____________________ of BROWN * ROOT. INC., and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said BROWN t HOOT, INC. Given under my hand and seal of office, this the day of & (mUJbUf, A. D., 196_9. (SEAL) Harris County, Texas EXX 007544 HUMBLE'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I appeared Befo>rree me, thne undaersigned authority, on this day personally 9 /. t -4Wf known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated and as the act and deed of said Humble Oil & Refining Company. it liven under my hand and seal of office, this the /X' day of X)^^, A.D. , 196^. Notary Pub'l ic in and for Harris County, Texas --y DOROTHY H. KEOUGHAN Notary Fui;!i: \v Harris County, Tens* My Commission -xsires June 1, 19J^^ EXX 007545 a Contract No. T-00-4473 "C Jt/;. THIS AGREEMENT, entered into this /{p day L9 69 , by and between HUMBLE OIL & REFINING COMPANY, hereinafter referred to as "Humble," and BROWN & ROOT, INC. , hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein Humble and Contractor agree as follows: 1. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform all work In accordance with the specifications and exhibits listed below, a copy of said specifications and exhibits end of eech drawing and Baytown Engineering Standard referred to therein being attached hereto and made a pert hereof. Designation Specifications Title Date Specifications for Removal of Dead Timber end Hydrocarbon Sludge from Area North of Decker Drive, Humble OH fr Refining Company, Baytown, Texas December 18, 1988 Exhibit "A" General Specifications February 1, 1988 Exhibit "B" Removal of Dead Timber and Hydrocarbon Sludge from Area North of Decker Drive December 18, 1988 COMPLETION Contractor agrees to begin work on or about January 20, 1989, and will make every effort to complete the Contract before March 21, 1989* PAYMENT 2. As consideration for the sattsfectory performance and completion of this Contract by Contractor, Humble agrees to pay Contractor In accordance with the following schedule: A. WAGE RATE SCHEDULES Description Superintendent General Foreman Craft Foreman Field Engineer Job Clerk Heavy Operator Truck Driver Helper Laborer $ Per Man-Hour Stralqht Time Overt li 9.37 7.12 6.78 6.78 4.73 6.14 4.46 4.75 3.58 9.37 10.02 9.54 9.54 6.88 8.64 6.26 6.69 5.04 EXX 007546 NOTES: (l) The "Straight Tima" par man-hour rata shall apply for all work performed up to and Including 40 hours par working waak par man, on tha "Oay Shift." (2) Tha "Ovartlma" par man-hour rata shall apply for all work parformad In axcass of 40 hours par working waak par man, ragardlass of whara prior time may have been worked as long as It was worked for this Contractor. (3) The "working weak" begins at midnight Sunday. (4) Tha rates for supervision and field labor include direct labor costs! cons unable supplies, as shown In Exhibit "C" entitled "Consumable Supplies," dated April 1, 1966, copy attached and made a part hereof; Insurance; taxes; overhead; profit; chemical supplies; chemical toilets; office and tool buildings; and tools having an Initial cost of $150 or less. B. CONSTRUCTION EQUIPMENT LESS OPERATOR: Description Hour 1/2 Ton Pickup or Car $ 1.00 2 Ton Winch Truck 2.20 2 Ton Flat Bed Dump Truck 2.20 Model 41 Northwest Dragline w/bucket 11.00 Disc (less power) 2.50 Model TD-15 or 0-6 Tractor Dozer 12.00 Dav $ 8.00 17.60 17.60 88.00 20.00 96.00 Waak $ 40.00 88.00 88.00 440.00 100.00 480.00 Month $ 176.00 387.20 387.20 1.936.00 440.00 2,112.00 Rental rates Include all maintenance, fuels, lubricants, overhead, profit, and taxes. Transportation costs shall be reimbursed at Invoice cost plus five percent (5%). Small tools with an Initial cost of over $150 will be reimbursed at a rata of $2.75 per shift per tool. Rental of third party equipment will be reimbursed at Invoice cost plus a fee of thirty-five percent (35%) to cover the cost of all maintenance, fuels, lubrlcartts, overhead, profit, taxes, etc., but lass operators. All rates are based upon contractor being peld for equipment and tools that are on tha site and required for Job, whether such items are actually working 100 percent of the time. When an Item Is no longer needed, It will be released and rental terminated. Any equipment required for the job, but not listed, will be supplied at rates to be mutually agreed upon. C. SPECIAL EQUIPMENT AND TOOLS OVER $150.00 INITIAL COST: Special construction equipment, such as hauling equipment for heavy non-mobile construction machinery, will be paid for at Contractor's Invoice rental price plus a fee of five percent (5%). -la- EXX 007547 D. MATERIALS: All materials, Including form lumber and accessories, fire extin guisher refills, drill bits, welding rod, miscellaneous welding supplies, acetylene, oxygen, argon, and materials required for temporary lighting furnished by Contractor, plus applicable transportation charges to jobsite and sales and use tax applicable thereto, v/111 be paid for at Invoice cost, plus a markeup of five percent (5%) for overhead and profit. Excluded specifically are small tools costing $150 or less and consumable supplies as shown In attached Exhibit "C". (Invoice cost Is defined as the net price after all trade discounts, allowances, credits, salvage, and com missions, but not cash discounts, which accrue to Contractor have been subtracted from gross Invoice prices.) All such discounts and credits shall be extended to Humble even though Contractor, through negligence, doss not take advantage of such items. Circum stances beyond Contractor's control which prevent taking advantage of such discounts, etc., shall be reviewed with Humble. E. SUBCONTRACTS: < Contractor will be reimbursed for payments made under subcontracts and agreements for outside shop work entered into wrth Humble's prior approval covering materials and services In connection with the work, plus a fee of five percent (5%). IDLE TIIE FOR SHALL TOOLS Some small tools may be required on the job full time but used only periodically. These tools are not to be shown on the daily time sheets. INVOICES Contractor shall submit Invoices promptly at the end of each month, or os otherwise mutually agreed to by the parties. SUPPORT DATA FOR INVOICES ' A. LABOR A special payroll form covering a 1-week period will be furnished by Humble to assist Contractor in preparation of Invoices. All Invoices rendered shall be supported by this special form. Detailed Instructions for preparation of the form will be furnished to Contractor before work begins. B. EQUIPMENT AND TOOL RENTAL A special equipment rental report form covering a calendar week will be furnished by Humble to assist Contractor In preparation of Invoices. All invoices covering equipment and tool rental shall be supported by this special form. Detailed instructions for preparation of the form will be furnished to Contractor before work begins. lb EXX 007548 C. MATERIALS When materials furnished by Contractor are delivered to the jobsite, or as soon thereafter as practical, the Contractor shall have a representative of Humble sign a shipping notice, bill of lading, material received report, or other document that describes and lists the material received. This signed document, attesting that such material was received by Humble, shall be attached to Contractor's invoice when submitted to Humble. AUDIT CLAUSE Humble and Its duly authorized representatives shall have access to the books, payrolls, and other records maintained by Contractor and its affil iates which relate to the costs and expenses of this Contract, and shall have the right to audit such books, payrolls and records at any reasonable time or times during the Contract period and for a two-year period after completion of this Contract. -lc- EXX 0C7549 3. Contractor shall observe all refinery safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations,'' dated June 1, 1966, a copy of which is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regulations" shall apply to all subcontractors and their employees as well as to the prime contractor and its employees. Contractor shall notify its employees, its sub contractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow any of such persons to begin work inside Humble's Baytown Refinery until such notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such specifications by Contractor nor Humble's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 4. Although Contractor shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, Humble reserves the right to have an inspector on the job. Any material which Humble considers unsatisfactory shall be re moved and replaced at Contractor's expense. Neither inspection, waiving of inspection, nor acceptance by Humble shall relieve Contractor of its obligation to furnish all materials and work manship in accordance with specifications. 5. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Humble's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Humble being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and Humble agree as follows: A. Contractor agrees to indemnify and hold Humble harmless from all claims, actions, demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negligence or willful acts of Humble or its employees. (2) From (a) injuries to or deaths of persons, including employees and representa tives of Humble, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Humble and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Con tractor shall not be responsible for damage to Humble's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which result in whole or in part from willful acts or the negligence of Contractor, its employees, agents or sub contractors, in connection with the handling and use of utilities furnished by Humble, except that Contractor shall not be responsible or liable for such damage to Humble's property resulting from fire or explosion. B. In addition Contractor agrees to carry insurance as follows: (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. -2- (2) Comprehensive General Liability Insurance (including Contractors' Protective Liability u-hen subcontractors are used), covering (a) Bodilv injury liability with a limit of not less than $t00t000 for one person injured or killed and, subject to such limit, S 100,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than S 100,000 for each accident, and $ 100,000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than $ 100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $50,000 for each accident. C. Prior to commencing work hereunder, Contractor shall produce evidence in a form satisfactory to Humble that all insurance required under this agreements in force and carried with companies acceptable to Humble and that such insurance Wjill not be materially altered or cancelled while the work covered hereby is in progress'w ithout a reasonable prior written notice to Humble. Lpon request of Humble, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Humble shall have the right to procure same and deduct the cost thereof from the consideration to be paid Contractor hereunder. 6. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Humble by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Humble harmless from and against all such claims and liens. 7. Contractor agrees that if, in the opinion of Humble, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or maTerials for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof, or should not be performing this contract in the manner herein provided, Humble may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Humble should exercise such right, it shall have the right to use all or any part of Contractor's tools or equipment then in use on the job but shall pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by Humble and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Humble, ordinary wear and tear excepted. Should Humble take over the completion of said job, or obtain another contractor to do so Humble shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Humble shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. -v EXX 007551 842-3 33*3 8. Contractor agrees that upon the completion by it and acceptance by Humble of the work herein contracted for it will furnish Humble with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Humble to Contractor, subject, however, to the right in Humble to withhold payments in accordance with the provisions of Article 5469, Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Humble that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, Humble, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the value of the work then completed, based upon estimates by Humble's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 9. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire understanding of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 10. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of con stituted authority. 11. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Humble may be required or deems it neces sary to pay such taxes or charges, Contractor agrees to furnish Humble with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Humble on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Humble may be required or deems it necessary to pay. In addition, Humble, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. ~ 12. In connection with the work provided for hereunder, Contractor (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to Humble, any such material or equipment which may become defective within one (l) year from Humble's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Humble to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of-Humble's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 13. In the event Humble loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees: a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; -4- EXX 007552 542-3 1 33-4 b. That such tools or equipment will be loaned or furnished and accepted by Con tractor without warranty or representation by Humble as to their condition; c. To return such tools or equipment to Humble at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Humble harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 13, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Humble may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by Humble. 14. Humble may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Humble may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Humble desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 2 above, Contractor shall submit to Humble an estimate of such increase or decrease. Should Humble desire to proceed in accord ance with such estimate, Humble shall issue to Contractor a Contract Change Order describing the work to be added or deleted and the corresponding price addition or deduction {therefor. If Contractor has not obtained a Contract Change Order, signed by Humble's appointed representa tive, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. 15. Contractor shall procure Humble's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this contract, and, as between the parties hereto, Contractor shall be and remain liable as if no such subcontract had been made. No subcontract shall bind or purport to bind Humble but shall contain a provision permitting assignment thereof by Contractor to Humble. 16. It is understood and agreed that Humble may, upon written notice to Contractor, termi nate the work provided for hereunder. In the event of such termination, Contractor shall be reim bursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. BROUN fr ROOT, INC. ATTEST: SECRETARY AB0:aj (RAHerrIngton) tESIDENT IT J. DZEr.iE.. HUMBLE OIL & REFINING COMPANY B V ' 7/ (' <r^7r. r '/ -5- Materials manager Baytown Refinery EXX 007553 542-3133-5 CONTRACTOR'S ACKNOWLEDGMENT STATE OF TEXAS | COUNTY OF HARRIS ( Before me, the undersigned authority, on this day personally appeared II. J. DERR.C.s known to me to be the person whose name is subscribed to the foregoing instrument as> H1CE pres _____ of Brown l I nc. and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said Bram t Root, Inc. day of Given under my hand and seal of office, this the 1kCVWMfr, A. D., I96_9. (SEAl) quit. Notary Public in and for H>rrl County, EXX 007554 542-3 1 33-6 HUMBLE'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I Before me, the undersigned authority, on this day personally appeared __ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated and as the act and defed of said Humble Oil & Refining Company. Given under my hand and seal of office, this the //'r/ -- day of , A.D., 196^. Notary Harris County, Texas4 HILi 1 !. ;;' County, Taxa* fYtf Uni.uissjo;: E*p'ires June i, 19/TP EXX 007555 PROPOSAL OP rown & Root, inc. P. O. BOX 3 TEXAS Hr. H. F. Rartnaa 128 Biyahore Driva Date:.Tannery 16, 1989 Baytown, Texaa____________ N2 2356 Cttj Bad 8tata We propose to furnish the necessary supervision, labor, materials, supplies, tools and equipment (except as modified hereafter) to perform the work briefly described as follows: Rapalra to seawall per aketch praparad by Brown fc Boot. Inc, and In accordance with instructtoob of Mr. Hartman. in accordance with the following terms and conditions: 1. Location of w0rk:__128 _Bays_hora Dri.v*a_Bajtgnro_________ iarrla 2. Plans and specifications:------ Far akatch and inatmctlona___ ) ..-County, Texas. 3. Price for the wort: aqulpattat P*r attachments laaa SI _Hatarlal and auppliaa - Invoice coat plus SI 4. Method of Payment:____ Caah upon completion--------------------------------------------------------- 5. Work covered by this proposal is guaranteed from failure due to faulty workmanship and/or materials furnished for a period of ____ after date of completion. fi. This proposal includes insurance coverage within the following limits: a. Workmen's Compensation: Statustory b. Employer's Liability: 3 100,000.00 c. Contractor's General Liability: Bodily Injury: 3100/300,000.00 d. Comprehensive Automobile Liability: Bodily Injury 3100/300,000.00 Pro.pert.y Damag_e 3 10,000.00 Contractor's liability for injury to persons or damage to the property of Customer, whether real or personal. _ shall be limited to the amount of insurance provided above, or listed m the Special Conditions hereunder, subject to terms and conditions of Contractor's policies: 7. Special Conditions:___ __________________________________________ _____________________________ ____________________ _ . *yr This proposal is offerad for acceptance by you withindays from this date, and upon your approval and approval of our home office shall become a binding agreement covering the work herein described. The terms and conditions, including those on the reverse side, are a part of the agreement, and must be stipul ated in any subsequent purchase order or contract issued. ACCEPTED Af APPROVED: A uj _ By By. Date:. TitleJob No. 27-5232__ Hart-man Home Office Skill, Integrity, and Rtipeniibillly EXX 007556 GENERAL CONDITIONS 1. Except as modified on the face aide hereof, full payment shall be made to Brown & Root, Inc., (hereinafter styled "Contractor") at its home office in Harris County, Texas, within 30 days after the completion of the work and/or receipt of invoice covering the work. Should the price be payable in installment, failure to pay any installment when due shall, at option of Contractor, mature all the remaining installments. Contractor may at any time require satis factory security, for payment of the price in full, and may cease or delay work pending receipt of such security. Customer shall reimburse Contractor for all expenses of collection, including a reasonable allowance for attorney's fees, and all sums past due shall bear interest at 10 per cent per annum. 2. Contractor's time for performance will be extended for delays caused by strikes or labor disturbances; fires, floods, storms, or other abnormal weather conditions; delays in transportation or in deliveries of materials; acts of God; and other causes beyond the control of the Contractor. 3. Customer's failure to furnish information or other co-operation, or to make payments as agreed, will authorize Contractor, by written notice, to cancel the unexecuted portion of the work and to hold Customer, for the work pre viously performed. I 4. Contractor is not responsible for the proper design and engineering of any work performed or material furnished hereunder, except when Contractor has specifically and expressly undertaken this obligation. 3. Extra work shall not be performed, nor shall the scope-of-work included in this proposal be increased or de creased, unless authorized by Customer in writing, and agreed to by Contractor. 6. It is understood and agreed that upon written request of Customer received within five davs of the acceptance of this proposal, Contractor will provide additional insurance including increased coverage and/or limits; and the Customer will reimburse Contractor for the increased premium cost in addition to the price quoted above. In the event Customer fails to conform to this provision, it is further agreed that Contractor's legal liability, if any, to Customer or other party, shall in no event exceed the amount of insurance coverage set forth on the face side hereof, as applicable to the particular risk involved. T. All representations, warranties, covenants, conditions or promises are printed or written in this proposal or in documents referred to herein. No representative of Contractor is authorized to amend or waive any provision hereof, or to obligate Contractor further, save on written approval by the home office of Contractor. In the event of any conflict between the provisions of this proposal and those of the plans or specifications or other documents herein referred to, the provisions of this proposal shall govern. 'i - EXX 007557 HUMBLE OIL & REFINING COMPANY REF. BT-00-4432 NOVEMBER 7. 1968 EXHIBIT "E" LABOR VOLUME $1,000,000 to $1,750,000 CLASSIFICATION STRAIGHT TIME SUPERINTENDENT GENERAL FOREMAN CRAFT FOREMAN FIELD ENGINEER JOB CLERK WELDER ELECTRICIAN ELECTRICAL LINEMAN PIPEFITTER CARPENTER HEAVY OPERATOR LIGHT OPERATOR TRUCK DRIVER CONCRETE FINISHER IRONWORKER - STRUCTURAL IRONWORKER - REINFORCING MILLWRIGHT PAINTER - BRUSH PAINTER - SPRAY INSTRUMENT FITTER HELPER (ALL CRAFTS) LABORER LABOR FOREMAN PIPE DETAILER TOOLROOM MAN 9.02 6.86 6.53 6.53 4.55 6.05 6.05 6.18 6.05 5.92 5.92 5.27 4.29 5.92 5.92 5.85 6.05 5.72 5.92 6.05 4.58 3.45 5.92 6.53 3.95 OVERTIME 9.02 9.76 9.29 9.29 6.48 8.61 8.61 8.79 8.61 8.42 8.42 7.50 6.11 8.42 8.42 8.33 8.61 8.14 8.42 8.61 6.52 4.91 8.42 9.29 5.62 \ EXX 007558 HUMBLE OIL & REFINING COMPANY REF. BT-00-4432 NOVEMBER 7, 1968 EXHIBIT "F11 CONSTRUCTION EQUIPMENT LESS OPERATOR r I! j' I; !j | | Current Market Value Description Hourly Daily H 4 Weekly Monthly i : $ 2(2oo.oo j| 5,000.00 ;; 4,700.00 I! s:! 24,200.00 ;; 19,725.00 j! 20,065.00 4,120.00 i! 940.00 ||! 630.00 i I 600.00 ii j 2,300.00 li 2,655.00 1 876.00 58,510.00 ;; 34,000.00 %-Ton Pick-up------------------------------------------- $ 2-Ton Winch Truck--------------------------------2-Ton Flat Bed Dump Truck-----------------Tractor and Float--------------------------------5-7-Ton Austin Western Model 210----12-% Ton Mobile Crane-------------------------Combination Backhoe and Front End Loader with 1 cu. yd. Bucket Cat. Model 922 (rubber tired)------600-CFM Air Compressor-----------------------125-CFM Air Compressor-----------------------200-Amp Gasoline Driven Welding Machine----------------------------------Pipe Threading Machine from %" to 2"....................................................... 300-200-Amp Electric Driven Welding Machine--------------------------------Pipe Beveling Machine from 8" to 12"..................................................... Cutting Rig Complete---------------------------2" Pneumatic Pump with Suction and Discharge Hoses--------------------------------90-lb. Pavement Breaker-------------------- 1-Ton Air Tugger----------------------------------2-Ton Air Tugger----------------------------------Blackhawk One-Shot Conduit Bender, %" to 2"..................................... 600-lb. Sand Blasting Pot, Complete with Hood, Hoses and Nozzles-------3/4" Magnetic Drill Press-----------------Wire Line Spinner and Spool-------------25-30-Ton Mobile Crane, Northwest Model 25D--------------------------------------------15-Ton Mobile Crane----------------------------10-12-Ton Galion Model 110 Hydraulic Crane-------------------------------- ---------- ------ 1.00 2.20 2.20 8.25 8.00 17.60 17.60 66.00 40.00 176.00 i 88.00 387.20 88.00 387.20 Outside Rental ,330.00 1,452.00 Outside Rental 8.25 5.50 1.75 .75 66.00 44.00 14.00 330.00 220.00 70.00 1,452.00 968.00 308.00 6.00 30.00 132.00 .75 6.00 30.00 132.00 .50 4.00 20.00 88.00 Small Tool Small Tool 1.50 1.75 12.00 14.00 Small Tool : Small Tool j 60.00 70.00 264.00 308.00 Small Tool 1.50 12.00 60.00 264.00 Small Tool Outside Rental 13.25 10.50 106.00 84.00 530.00 2,332.00 ! Outside Rental ,| 420.00 1,848.00 j ; EXX O07559 I Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. 0*Brien Gentlemen: , We will perform the additional work described by Design Change # 8 for a lump sum price of $ 314.00. This additional work will necessitate NO days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BRCWN & ROOT, INC. EME:ns E. M. Eastham JCNTRACT CHANGE ORDER NO.-2___________ CONTRACT -*/?/*/< DATED: f/fiM 7 OPTION / (DELETION) % ^4* 7 if S~P f-ijrncHe Oil & R? ning_ Company: APPROVED: C^E'EXCERPTS /kk '^PROJ. ENG-ypNEB- in Change Order 5 Letter Amount Zf'/.tPO M'- y /2.-ZC -if f 3 2. 2.3-7 \ fC 4ft /2 -/ 9- if / <7V- o o p c <5 /l -?o .2 / Zl r i/ O ' P 4 ? / 4 0 ! QC. 3 ___ Total EXX 007560 Brown & Root, i nc. Cmutmct&tj FOST OFFICE BOX 3. HOUSTON. TEXAS 77001 - CABLE AOORESS: BRO December 30, 1968 Contrac t G -00- 4279 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason J Gentlemen: I We will perform the additional work described by Design Change # 13 for a lump sum price of $ 1.150.00 This additional work will necessitate no days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. EME:ns E. M. Eastham CONTRACT CHANGE ORDER NO _________ CON i nACT NO. ADDITION/-:-,:. ~; TFn/72 2\ Humb'a C': T r'f) '~ Gejr^any: efa . . ... . EXC.~R?TA A/tl PROJ. ENG: fSf. /fum nv/r-.-rp- - C Teri '2-/30/68 JIIOf* /} EXX 0075&1 Brown & Root, inc, Sn^7i^eid Condfructou IT OFFICE BOX 3, HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT January 3, 1969 Contract G -00-4326 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 7 268.43 8 1,634.65 Total This change $ _____ 1.903.08 Very truly yours BRCWN & ROOT, INC EME:ns Attachment E. M. Eastham EXX 007562 8420 1 33 APPROPRIATION 505-9352 ^n THIS AGREEMENT, entered into this Contract No. L-00-4467-C 19 69, by and between HUMBLE OIL & REFINING COMPANY, hereinafter referred to as "Humble," and BROWN & ROOT, INC, , hereinafter referred to as "Contractor," WITNESSETH: That in consideration of the covenants and agreements set out herein and the payments provided for herein Humble and Contractor agree as follows: 1. Contractor agrees to begin immediately and press with due diligence until completion in a careful and workmanlike manner, with the necessary labor, supervision, tools, equipment, and materials, furnished and maintained by Contractor at its own cost and expense except as hereinafter provided, certain work briefly described as follows: Perform all work In accordance with "Specifications for the Electrical Work Associated with Lube 8lender 9 Adjacent to the Oil Movements Control Center, Humble Oil S- Refining Company, Baytown, Texas," dated December 16, 1968; Exhibit "A" entitled "General Specifications," dated February I, 1966; and Exhibit "B" entitled "Electrical Work Associated with Lube Blendef 9," dated December 16, 1968, copy of each attached and made a part hereof. {Copies of drawings and Baytown Engineering Standards referred to In the specifications have been made available to Contractor, are Identified by the parties, and by reference are made a part hereof. Contractor shall start this work the week of January 6, 1969, end shall complete all work before February 15, 1969. Supplement "R" entitled "Fair and Equal Opportunity Clause" Is attached and made a part hereof. 2. As consideration for the satisfactory performance and completion of this work by Contractor, Humble agrees to pay Contractor the sum of TWENTY-SIX THOUSAND SEVEN HUNDRED SIXTY-FOUR AND N0/100 ($26,764.00) DOLLARS. This price Includes compensation for the following Items, which were excluded from the work to.be performed by Contractor In Contractor's original bid on this project: (1) Contractor shall install Panel 7 In the Oil Movements Control Center Building. (2) Contractor shall Install and/or remove all motor operators. (3) Contractor shall provide and Install terminal cabinet doors. EXX 007563 3. Contractor shall observe all refiner.' safety and traffic regulations set out in the publication entitled "Safety, Plant Protection and Traffic Regulations,'' dated Jun ' 1966, a copy of which is attached hereto and made a part hereof. The "Safety, Plant Protection and Traffic Regulations" shall apply to all subcontractors and their employees as well as .to the prime contractor and its employees. Contractor shall notify its employees, its sub contractors, and the employees of its subcontractors of the provisions of said regulations and shall secure compliance therewith by all such parties; and Contractor shall not allow anv of such persons to begin work inside Humble's Baytown Refinery until such notification has been given them. Said "Safety, Plant Protection and Traffic Regulations" are designed as minimum requirements for Contractor and Contractor shall take any additional precaution necessary or proper under the circumstances to prevent injury or death to persons or damage to property. Neither compliance with such specifications by Contractor nor Humble's approval of any actions or procedures of Contractor as provided therein shall relieve Contractor of its obligation always to use due care in performing work hereunder. 4. Although Contractor shall provide its own representative or representatives to supervise and inspect all materials and workmanship entering into this job, Humble reserves the right to have an inspector on the job. Any material which Humble considers unsatisfactory shall be re moved and replaced at Contractor's expense. Neither inspection, waiving of inspection, nor acceptance by Humble shall relieve Contractor of its obligation to furnish all materials and work manship in accordance with specifications. 5. It is understood and agreed that all work performed by Contractor hereunder shall meet with the approval of Humble's engineers or inspectors but that the detailed manner and method of doing same shall be under the control of Contractor, Humble being interested only in the result obtained, and that Contractor is an independent contractor as to all work performed hereunder. In this connection, Contractor and Humble agree as follows: A. Contractor agrees to indemnify and hold Humble harmless from all claims, actions demands, loss and causes of action arising: (1) From injury, including death, to its employees and those of its subcontractors, except such as may result solely from the negligence or willful acts of Humble or its employees. (2) From (a) injuries to or deaths of persons, including employees and representa tives of Humble, which result in whole or in part from the willful acts or negligence of Contractor, its employees, agents, or subcontractors, or (b) damage to property of Humble and all other persons, which results in whole or in part from the negligence or willful acts of Contractor, its employees, agents, or subcontractors, except that Con tractor shall not be responsible for damage to Humble's property resulting from fire or explosion. (3) From damage to property or injury to or death of persons which result in whole or in part from willful acts or the negligence of Contractor, its employees, agents or sub contractors, in connection with the handling and use of utilities furnished by Humble, except that Contractor shall not be responsible or liable for such damage to Humble's property resulting from fire or explosion. B. In addition Contractor agrees to carry insurance as follows: (1) Workmen's Compensation Insurance in compliance with the Texas Employers' Liability Act and all amendments thereto. -2- EXX 007564 642-3133-2 (2) Comprehensive General Liability Insurance (including Contractors' Protective Liability when subcontractors are used), covering (a) Bodily injury liability with a limit of not less than S 100,000 for one person injured or killed and, subject to such limit, $100,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $100,000 for each accident, and S 100,000 aggregate. (3) Automobile Liability Insurance on owned, non-owned and hired automotive equipment covering (a) Bodily injury liability with a limit of not less than S 100,000 for one person injured or killed and, subject to such limit, $300,000 for more than one person injured or killed in any one accident, and (b) Property damage liability with limits of not less than $50,000 for each accident. C. Prior to commencing work hereunder, Contractor shall produce evidence in a form satisfactory to Humble that all insurance required under this agreement is in force and carried with companies acceptable to Humble and that such insurance wjll not be materially altered or cancelled while the work covered hereby is in progress'without a reasonable prior written notice to Humble. Upon request of Humble, Contractor shall furnish certified copies of all such insurance policies. Should Contractor at any time neglect, or refuse to provide, or should it cancel the insurance required herein, Humble shall have the right to procure same and deduct the cost thereof from the consideration to be paid Contractor hereunder. 6. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder, and to permit no liens of any kind to be fixed upon or against the property of Humble by Contractor's laborers, mechanics or materialmen, and agrees to indemnify, protect and save Humble harmless from and against all such claims and liens. 7. Contractor agrees that if, in the opinion of Humble, Contractor should fail at any time during the performance hereof, to provide the necessary labor, supervision, tools, equipment or maTerials for the prompt performance of the work herein contracted for, or should breach this contract in whole or in part or fail to use due diligence in the performance thereof, or should not be performing this contract in the manner herein provided, Humble may, at its election, take over and perform or obtain another contractor to take over and perform all or any part of the work then remaining unperformed. In the event Humble should exercise such right, it shall have the right to use all or any part of Contractor's tools or equipment then in use on the job but shall pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by Humble and shall return same to Contractor upon the completion of the job in as good condition as when taken over by Humble, ordinary wear and tear excepted. Should Humble take over the completion of said job, or obtain another contractor to do so Humble shall pay Contractor for the work then completed, subject to the later provisions hereof, unless the compensation for the completed work cannot be readily determined, in which latter event Humble shall pay Contractor the full contract price less all costs and expenses incurred by it in the completion of the work. -3- EXX 007565 M2 J 1 33-3 8. Contractor agrees that upon the completion by it and acceptance by Humble of the work herein contracted for it will furnish Humble with proof satisfactory to the latter that all claims for labor and material have been satisfied and paid and that there are no unsatisfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Humble to Contractor, subject, however, to the right in Humble to withhold payments in accordance with the provisions of Article 5469, Revised Civil Statutes of 1925, and all amendments thereto or other provisions of law applicable. It is agreed that upon request of Contractor and upon showing to the satisfaction of Humble that all claims for labor and material and for damages to persons and property, as above provided, have been satisfied, Humble, in the event it considers it safe to do so, will advance at approximately fifteen (15) day intervals up to ninety per cent (90%) of the value of the work then completed, based upon estimates by Humble's engineers or inspectors, in which event the balance will be paid upon completion and acceptance of the work and compliance with the terms and provisions hereof. 9. In the event there is a conflict between any of the provisions hereof and any of the proposals, general conditions, specifications, or any documents, agreements, or papers of any kind which have been incorporated herein by other provisions hereof, it is understood and agreed that the provisions hereof shall be controlling. The making, execution and delivery of this agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire understanding of the parties hereto and there are no further or other agreements or understandings, written or oral, except as mentioned herein. 10. In performing its obligations hereunder, Contractor shall comply with all applicable federal, state, and municipal laws, and all applicable orders, rules and regulations of con stituted authority. 11. If Contractor fails or refuses to pay any taxes or governmental charges, state or federal, relating to the employees of Contractor, and Humble may be required or deems it neces sary to pay such taxes or charges, Contractor agrees to furnish Humble with information required to enable it to make the necessary reports and to pay such taxes or charges. Contractor agrees to reimburse Humble on demand at Houston, Texas, for all such taxes or governmental charges, state or federal, which Contractor fails or refuses to pay and which Humble may be required or deems it necessary to pay. in addition, Humble, at its election, is authorized to deduct all sums so paid for taxes and governmental charges from any payment due Contractor hereunder. 12. In connection with the work provided for hereunder, Contractor (1) guarantees and warrants all material and equipment fabricated by it against defects and agrees to replace, without cost to Humble, any such material or equipment which may become defective within one (1) year from Humble's acceptance of the work except when such defects are the result of corrosion, erosion, normal wear and tear; (2) guarantees its field workmanship and agrees without cost or charge to Humble to replace or repair any defects in the work covered by this contract resulting from its field workmanship if such defects are reported to Contractor within one year from date of'Humble's acceptance of the work; (3) will to the extent reasonably possible secure from the vendors of materials and equipment guarantees substantially the same as the guarantees of Contractor set out in (1) and (2) above. 13. In the event Humble loans or furnishes tools or equipment, to Contractor in connection with its work covered hereunder, Contractor agrees: a. To make its own determination before commencing work that such tools and equipment are adequate for the safe performance of the work by Contractor; -4- EXX 007566 542-3 1 33-4 b. That such tools or equipment will be loaned or furnished and accepted by Con tractor without warranty or representation by Humble as to their condition; c. To return such tools or equipment to Humble at the conclusion of such use in as good condition as when received, ordinary wear and tear excepted; and d. To indemnify and hold Humble harmless from all claims, demands, causes of action, damages and injuries resulting from Contractor's use of said tools or equipment. For the purpose of this paragraph 13, tools and equipment shall be defined to include scaffolds, lights, and all other types of apparatus, facilities or services which Humble may loan or furnish. In addition, all of the provisions of this paragraph shall be applicable to any lighting or illumination loaned or furnished to Contractor by Humble. 14. Humble may from time to time, by written instructions or drawings issued to Contractor require additional work and services directly in connection with or incidental to the work covered by this contract; and Humble may, by such instructions or drawings, require Contractor to alter, change, accelerate, or omit any work covered by this contract. In the event Humble desires any such additions, changes, alterations, accelerations or omissions which will materially increase or decrease the total contract price referred to in paragraph 2 above, Contractor shall submit to Humble an estimate of such increase or decrease. Should Humble desire to proceed in accord ance with such estimate, Humble shall issue to Contractor a Contract Change Ordbr describing the work to be added or deleted and the corresponding price addition or deduction/therefor. If Contractor has not obtained a Contract Change Order, signed by Humble's appointed representa tive, no claim for additional compensation will be allowed. The provisions of this contract except as may be otherwise provided shall apply to all such additions, changes or alterations as if they were embodied in the original drawings and specifications. 15. Contractor shall procure Humble's prior written approval as to any subcontract covering any portion of the work provided for hereunder. No such approval shall relieve Contractor from any of the obligations of this contract, and, as between the parties hereto, Contractor shall be and remain liable as if no such subcontract had been made. No subcontract shall bind or purport to bind Humble but shall contain a provision permitting assignment thereof by Contractor to Humble. 16. It is understood and agreed that Humble may, upon written notice to Contractor, termi nate the work provided for hereunder. In the event of such termination, Contractor shall be reim bursed for actual costs incurred to the date of such notice of termination in connection with the execution of the described work, and for actual costs thereafter incurred by Contractor in connection with such termination, plus applicable overhead and a reasonable profit based on such costs. However, in no event shall such reimbursement include prospective profits for work unperformed. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals as of the day and year first above written. ATTEST: BROWN & ROOT, INC. SECRETARY HUMBLE OIL & REFINING COMPANY HJHrtk (RlFuller) Materials Manager Baytown Refinery -5- EXX 007567 CONTRACTOR'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I Before me, the undersigned authority, on this day personally appeared L. J. Dnn,,,,, known to me to be the i person whose name is subscribed to the foregoing instrument as, / vice presided of BROWN ROOT, INC., and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said BRCMN & ROOT, INC,. Given under my hand and seal of office, this the /0 - day of i fVu , A. D., 1969 (SEAL) 4____ Nvotary PPuubbl lic in and for Harris County, Texas EXX 007368 942-3 1 33-6 HUMBLE'S ACKNOWLEDGMENT STATE OF TEXAS I COUNTY OF HARRIS I appeared ^Before me, the undersigned authority, on this day personally n& f &_______ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated and as the act and deAd of said Humble Oil & Refining Company. i kven under my hand and seal of office, this the $ day of P) {OOftK.'l , A.D., 196^- [ ij- L Notary Public in and for Harris County, Texas DOr^THY Notary Ftr' - - f.,y Ci.T.rr.:-------r. KEOUGHAN . rv. Courtv, Texas Jw.a 1, 19.^ EXX 007569 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Hr. H. J. Mason Gentlemen: ` i We will perform the additional work described by Design Change # 10 for a lump sum price of $ 645.00. This additional work will necessitate no days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. EME :ns E. M. Eastham CONTRACT CHANGE ORDER NO(A- CONTRACT no C-oe-lZ 7^-^nATPD- ^^ 7^<> ADDITION/t2fc=aSii) $ /// 7^ Humble Oil & Rerr.ingCompany: _____ DATE-----------------------------------EXCERPTS A/fi PROJ. ENCV /3,Ci/> thJmL OWNER:` .v.onts Included 'Z:- Order------A _j _. __ Amount /t-Z/q L? 4- 7 7,^ i Total // / 7\c' ------------------------------ yt--------------------------- EXX 007570 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Hr. Gentlemen: H. J. Mason ` i We will perform the additional work described by Design Change # 11 for a lump sum price of $ ^72.00, This additional work will necessitate no days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BRCWN 4 ROOT, INC. EME: ns E. M. Eastham EXX 007571 'Pv Humble Oil & Refining Company Baytown, Texas Attention: Mr. H. J. Mason Gentlemen: \ { We have incurred an additional expense of $1,102.75 for x-rays on welds made in our shop for which Humble has agreed to reimburse Brown & Root. This does not include x-rays on welds that have been re-worked. It is my understanding that Mr. E. B. Williams and Mr. W. J. Plocheck have made this agreement with Brown & Root, Inc. Thank you for your attention in regard to this matter. Yours very truly, BRCWN & ROOT, INC. EME:ns 2l E. M. Eastham | CONTRACT CHANGE ORDER NO_____ L. j CONTRACT no. /6 %Z-79-<TnATFr> ^ Z2- 7 \ ADDITION/ t // ^ 2- C7 * i Humble 0 ining J^mpany: at: pair: W/7/^ FXCFRPTS Wo PROJ. FNG: Q c WNFR: EXX 007572 ArB^rofwn & Root, inc. fyn/ii >ice7<J Condtiuct&w ICE BOX S. HOUSTON. TEXAS 77001 CABLE ADDRESS: DROWNBILT December 19, 1968 Contract C-00- 4279-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 44 45 46 47 48 49 50 51 58 59 222.15 129.83 266.50 281.91 837.35 511.34 410.18 387.80 454.95 1,868.88 Total This change $ 12,564 .23 60 142.92 61 374.73 62 291.71 63 1,897.35 64 2,821.53 65 1,271.97 66 137.09 67 256.04 Very truly yours. BROWN & ROOT, INC. EME:ns Attachment E. M. Eastham CON" *07 CH'N . 000.1; NO___________________ CU......... , J 4-21Q-C DATED\Jkh2MjL-- ,/ -- / Z-.S"6 4- \2 s Humble Oil <L p \ Company; ArPOO'.'O'J: __________ yfoi ^dLis^jM.-------------------------- AJo : F!-: QUL/hsmS nWNFR: _____________________________________________________________ --J ** 7573 Brown & Root, INC. ConA&ucc&yid ror OFFICE BOX S, HOUSTON. TEXAS 77001 CABLE ADDRESS: RROWNBILT December 10, 1968 Contract D -00- 4410-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: ' We will perform the additional work described by Design Chdnge # ___ 1 for a lump sum price of $ 371.00 . This additions work will nec ssitate NO days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly BROWN & ROOT, INC. EME :ns E. M. Eastham . CONTRACT -W/^Xna-rcrv /&/?//. ? 3: ADDITION/ (DELETION) S 7/ j Hum! j APPROVED: 'v . ( f DATE-7 /^//y //*? j XCERPTS_Ak PR0J. ENG:/iW-ftA j2t'rT\WNJCD. J EXX 007574 Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: t j We will perform the additional work described by Design Change # 2____ for a lump sum price of $ 399.00. This additional work will necessitate NO days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. -- Q1E :ns E. M. Eastham ''contract change ORDER NO. -------- , CONTRACT f)ATE; /?/? /JL \ AUDITION / (DELETION) $ ^ <7Cl-.?S--------------------------- Humble Oil & Refining tympany: APPROVED: ,y- C'-V rr.DATE:____6 - /> e /6- {- I EXCERPTS , 'Vei ?RO>, E ;:*> f- ;rp._ j EXX 007575 Brown & Root,inc. CcridfoucZow POST OFFICE BOX 9. HOUSTON. TEXAS 77001 CABLE ADORESS: BROWNBILT December 9, 1968 Contract D -00-4410 -C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. FIELD CHANGE " wgh 1 wgh 2 AMOUNT $ 62.52 308.29 FIELD CHANGE AMQUNT I Total This change $ _________ 370.81 Very truly yours, BROWN & ROOT, INC. E. M. Eastham EME:ns ) CONTRACT CHANGE ORDER NO. i CONTRACT Nn2>-S>0-WM'Otffrvn-/&/?./& Attachment ADDITION/ (DS^^rJ) $ X 6 b /-b Humble Oil & Re^ining^Qmpany: APPROVED: DATF^ /A/.-V./A f \ PROJ. FNQ-/4 -/'S-Cz A Attachments Included in Change Order Letter Amount </?V __________S- /-\ ' Total EXX 07576 ; Brown & Root, INC. &n^ine&ui Ccmdttuc&yw POST OFFICE SOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: 8ROWNBILT December 13, 1968 Contract D-00- 4410-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. > FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT wgh 3 wgh 4 $375.24 119.10 Total This change $ 494.34 Very truly yours BROWN & ROOT, INC EME:ns Attachment E. M. Eastham EXX 007577 Brown & Root, inc. -..-.eu CcmdZfruc&nt} POST OPPICE SOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT November 22, 1968 L - Contract D-00-4345-C Design Change No. 3 Humble Oil & Refining Company Baytown, Texas Attention: Mr. H. J. Mason ( Gentlemen: ' Please refer to our letter dated November 5, 1968, and revise to read: ...lump sum price of $220.00 (TWO HUNDRED TWENTY DOLLARS). Thank you for your usual attention, we remain. Yours truly, BROWN & ROOT, INC. EME:ns E. M. Eastham CONTRACT Ch ANGE ORDER N0._^i CONTRACT NO./?) -CG~ S(hhTVT\' i5/2 a /te? ADDITION/ (MS * 7.2-0 ~ Humble Oil & Refining Company: APPROVED DATE EXCERPTS a/-. 0*PROJ. ENG: &P / ownfp- N EXX 007578 X7-f>32' Brown & Root, inc. &i^n^ Co7idtkucZou FOST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT December 9, 1968 Contract K-00- 7494-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. , FIELD CHANGE AMOUNT FIELD CHANGE AMOUNT 1 $448.76 Total This change $ _____ 448.76 Very truly yours BROWN & ROOT, INC EME :ns Attachment E. M. Eastham EXX 007579 l-' BROWN & ROOT,INC. On^ineete CcmA^ucctou POST OFFICE BOX 3. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT November 26, 1968 Contract No. K-00-7534-C Repairs and Revisions to NRU Enjay Chemical Company Baytown, Texas Attention: Mr. A. B. O'Brien Gentlemen: ` i } We wish to offer a rate for the following qualification which is required for the above captioned project, but for which rate was inadvertently omitted: Classification Straieht Time Overtime Instrument Technician $8.81 $11.36 Thanking you for the opportunity of submitting this additional rate, we remain, Yours very truly, BRCWN & ROOT, INC. CEL:ns C. E. Littlepage I CONTRACT CHANGE ORDER NO--------------------r-- CONTRACT ATED: //././W^jL ADDITION/ (BEfeEBN) njay Chemical Company: APPROVED:Jtkfc-ChA \ ^--------------- DATE------------------------------ ;.'.Er!PTS^=. , _ , fNiv sis, WNJFP-I^// EXX 0075S0 Brown & OOT, INC. S/npime&ul Condfoucfott) POST OFFICE SOX 3. HOUSTON. TEXAS 77001 CABLE AOORESS: BROWNBILT u December 9, 1968 Contract G -00- 4387-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. H. J. Mason Gentlemen: Enclosed are the field changes listed below. It is requested that a contract change order be issued accordingly. > FIELD CHANGE AMOUNT FIELD CHANGE t AMOUNT 1 $448.32 Total This change $ _______ 448.32 Very truly yours, BROWN & ROOT, INC. EME:ns Attachment E. M. Eastham CONTRACT CHANGE ORDER NO.--/I_________ CONTRACT Nn&0O-CnaTFrv ADDITION/ (PEfcLTivT:) * __________ PROJ. END- __ -IVohef nwMrp- EXX 007581 Brown & Root.inc. CbnA&utc&yu) POST OFFICE BOX S. HOUSTON. TEXAS 77001 CABLE ADDRESS: BROWNBILT December 9, 1968 Contract D-00-4410-C Humble Oil & Refining Company Baytown, Texas Attention: Mr. A. B. O'Brien Gentlemen: > In accordance with an agreement with Mr. W. J. Plocheck, we{ have had x-rays made on subject job in our shop. We have incurred an additional expense of $240.35 for this service, and hereby request reimbursement in this amount. Thank you for your attention. Yours very truly, BROWN & ROOT, INC. EME:ns E. M. Eastham - ^1 ^ACT CHANGE ORDFR NO / ` .:jntp,act M/6 ^CnaTFn. /s/7 /7 j ^ O'r'ON/(DELETION) ______________ _ Humble Oil & Refining Company: APPROVED:. Cj DATE:------- Ig/lt/kT----------------- 1------- I EXCERPTS PROJ. j I EXX 007582 Brown & Root, inc. c&nti&utc&yu) ^OST OFFICE BOX 3. HOUSTON. TEXAS 77001 - CABLE ADDRESS: BROWNBILT November 22, 1968 Contract K -00- 7494-C Humble Oil & Refining Company P. 0. Box 4019 Baytown, Texas 77520 Attention: Mr. A. B. O'Brien Gentlemen: i J We will perform the additional work described by Design Change # i for a lump sum price of $ 885.00. This additional work will nec ssitate NO days extension to the original contract schedule provided we are authorized to proceed immediately. Yours very truly, BROWN & ROOT, INC. EME:ns E. M. Eastham -- CONTRACT CHANGE ORDER NO.-Z. j CONTRACT NODATED ! ADDITION/ (BSJ5ElflN) %LL~z. I Enjay Chemical pomj^anv: * j ftPPPnv/FTv -------------- \??C> nP&? TF- j EXCERPTS^ /?-/ / L-'k'- - - - - - - - - - - - - - - - - - | PROJ. ENfi-/ A? OWNER:^. / H Jr,<rJF US EXX 007583 () 27-5232 H U M i B L E * E X XI i o N BATES NO. 011489-011860 Brown fRoot, Inc. Post Office Box Three, Houston, Texas 77001 Sline Industrial Painters, Inc P. 0. Box 2726 Houston, Texas 77001 Attention: Chas. E. Pox, President Be: Subcontract Bo. 27-5232-2622 L` Gentlenen: Attached you will find your copy of Subcontract Buber 27-5232-2622 dated July 31, 1969. This Subcontract baa been duly executed by a neater of our organi zation and is for your peraaneat file. He acknowledge receipt of your Payaeot and Ferforaance Bonds. Very truly years. Janes L. Worthington Purchasing Agent HDT:ga Attachment cc: R. E. Plack R. V. Stephens 0. M. Bakken Drew Paraer By: W. D. Tellnan (1 v/original attachaent) (2 w/attachaent) (less attachaent) (less attachaeat) Serving Progress rv Year, 1919-1969 EXX 007213 t. U R UOWHIH.T BROWN & ROOT, INC. P ?: SUB-CONTRACT Job Nan,str--r --- -- r-:- - ' " - Subcontract No------t_Tt____________ P 0. N. .. ____ THIS AGREEMENT, made thi* _ ~.-3tday of'--AAT______________________________________ -------------'fby and between BROWN & ROOT, INC., a Texas Corporation. 4100 Clinton Drive. Houston. Texas. <P 0 Box 3* hereinafter called the "General Contractor", andIliGe Ir.ras dr .a, riir.te r 3, --A.'-- C*r Corporation Delaware Civ Sli* of inrorportion tnd w-Binr roriormon 34r.r>rrsft,p > :iroonr; hereinafter called the "Subcontractor". WITNESSETH Texas th principal office^ at '"'x: j ..njay Chemical Co. of Owner Package "A" at Partownr <Ntur* of conttruction under Gr\*r, Com rsl> City Texas ,n strict accordance with the General Contract, specifications, schedules, drawings, and general conditions, which are all collectively hereinafter called the "General Contract", and WHEREAS, Subcontractor desires to perform that portion of the work as required by the General Contract, which is described below as "The Sublet Work"; NOW THEREFORE, it is agreed by and between General Contractor and Subcontractor as follows; I. SPECIAL CONDITIONS l The Subie: Work consists of Furnish labor, material, supervision and equipment as required to sand-blast and paint piping and other related items in accordance with Injay Chemical Co. drawings and specifications and with the "General Conditions" and "Safety RegulationsM which are hereby made a part of this Subcontract. 2 The price for the Sublet Work shall be a firm lump sum TOTAL CF FETE TA'LL l< TKTV CATC 3IX rAT.TrZC TF'.TirrV-FT.T Am TC/100 COLLARS /;17,675.0O; which includes, Texas State ant Local Tales and Ise Taxes but excludes the reimbursable fee cost of the 117,6''t.CC Payment and Performance Pond 'invoice fee charge separately'. -- Continued on Page 2 -- EXX 007214 Page 2 of The 'me f completion )f tne S-nie: Work sha ant 'or cates r. paragrapn 4 of the 'jem ; T^i* ner:`,rn:ance pon<: providec for :r. 'ne Genera. Cono.tiers m.-si .oe jehvereo before any payment becomes :ue to Sjp -at'.'r rere^-'o-.'' un,e*i oenvery at tms time is waivea Immeaiate Denver;.' of Bond is- Waived___________P.eqmrea to ''trer speca! provision? of tr.is subcontract are. iai ar.: mi 3 ;e lla.neous workmen's supplies. 3'UC C 0r.0 rfi. - tor must furnish Dvr. 2. reh.OUS mg (b) All inquiries that the Subcontractor might have concerning this Subcontract must be male tr.rough the General Contractor's Gob Superintendent and not directly to the fz\ Subcontractor to contact the General Contractor's Gob Superintendent to schedule and co-ordinate this Guocontract. (i) Before commencing work and before this Subcontract becomes effective, the Subcontractor shall furnish the General Contractor with his Insurance Certificate and the required ri^o^.X Performance and Payment Bonds. -- Continued on Page. > is a numbered but otherwise blank page for use as a continuation sheei `or paragraph otnerwise insert "4" wr.icr 15 the start oi General Conditions i EXX 007215 II. UKNEKAI. I'UMHTIONS t-.r '?re-en:* tr tne Suoiet We rnera. Cur.;rat-'.'-'- . ;a- a pj:- f ,,pc intruct .v.tr rtractjr agree- ,.ound to t j^ner.i. ana of iht? 'iciga: g rtf.-pen'it j.-suniH- ; tne Owner except a-- express, previQeU r.erem. anc, Genera. - rifa'.t v al. of tne ob.urations tnat tne Owner assume? : --e ler.era; Contractoi ur.,:e'- '/,v icv -ereo'' affording *emedie* ana reores* to me >jc e-a 1 Gr.traetor fiom me 1 >w -x.e: : rere:r. S_rtu ontractor ?na.i rave an opportune lu :e preren: ana to suomst evidence :r a-". .. .,\-!ig ni* -ignts. provided such is agreeaote to me <iwnei Subcontractor snail make arv .a m ,.f time aix -.din, for damage? or utrerw'se wnich are a-tnorned v. '.hi' Supcor,tract an; .t-nera. ` ont.-act or ;r tr;- SuOCuntract '.o tne Genera. C>rtrac:or ir me manner provide-: tr r--ije-t - ana notice- ov m.e Genera. '.ontractor upon me `June: except tnat Subcontractor ug ann notice? snail oe maoe weG enougr. in advance to ai.ow Genera. Contractoi to f'onirac: and Suocor.tractor agrees to be found by tne Owner - decision thereon n a.. ne o<1 u r, . to t rve ' menu" am: n\ ail ft-' ' .**' expre>.siv nror proceed- a i <>r ; act : or i*e t-at an *uer. claims 'ubcontractor agrees to perform the Sublet Work in a oaiefu. and workmanlike manne: - a. mi nance win: tne nest ron- nr.ictice- and this Subcontract, and !' furnish all -ure---. -inn. ianor. -.upplie? tnoi-. equmnn nt. :.ic:i:t;e- -td-ige. and ateria.? 1 evcent a- owner ur Genera: Contractor specificaiiv ag->e- oerem to furni*hi and a. r.r.e- "-*1: -.-s-arv - e- up.- tv Perform the Sublet \\ orK. Genetai Contractor agrees to pay Subcontractor for the performance of the Sublet Woik T.e amount specified m Para- grapr, of Section 1 and to make payments, both partial and fina tv Subcontiactoi within ten ; |m> cav* after suer, pavments for 'e Sumei Work are received by Contractor from Ow-ner under the provisions of the General Contract, except that General Con tractor mail retain ten percent i Hr i of the amount of each estimate on tre Sub.e: Woi k until fina. omp.eiion of Subcontractor's voik ar.-t tr.e balance -hall be paid withm thirty 11501 days afte- fina completion and acceptance of Subcontractor- work by i'ner f".>r .i prope1 sru-nce submitted by Subcontractor accompanied ov ar affidavit that all bills foi .ano-. materia,s. taxes. md vper en*t- of the Sunlet Work have oeen paid ana :nden:r, : .-g Genera! Contractor ;neit:rr, and -i reiea*e nv Sun- r.fjf 1 o*` an' fjrtne* claim* against General Contractor Paxmert ,i~v installment may be wvvr.ne.d urt;: Suocontractor G-t:-*-- -u'.-fjc: > s moof of pavnient of ail bill- for lanor mate-ia.- tax-- *er\ice* and other eM'en^e- connection with the '.met tturh ar.o a.l claim* for cnaree? or extra wnr\ nave aee^ -etlieu Vr.:.i final completion and >:e.rre!\ of tne Sublet Work, a . fjnijs paid to Subcontractor shall oe held in Trust for application so.e v to pavnient of laborer* ma'ena.men. faoricators. sub- ontractor- and otners furmsmng elements of the Supiet Work Sun ec: performance bv Geneta. 1 ir.tra:ti>r of it* obligations -.ereuncer t to aii material* components, fabricated '.terns, and wors ir. process intended foi the Supiet Work, and the oeneficia: merest :r. a nurenase orders oi subcontracts tnerefor shall vest in General Contractor immediateiv upon delivery to the job site. ider.v.f.cation to this Subcontract, or commencement of fabrication in SuDContractor's ot a supplier * stop. awa' : of a nurcna*e r->r o- -u.ocontract. provided, tnat :n; provision shall not relieve Subcor.ti actor of tne absolute <vutv to imp,etc arc deiiser -'-r,e` tt org .r go<'d condition, or any otner ooiigation hereunder J Sjcicontiacto- agrees to commence tne Sublet Work immediateiv wnen instructed an.; to m-i'C.-ame in cou'-amation * tht of otner- and with sufficient equipment, supervision arc manpower to insure i.ommet'on of >>aci: part of tr.e Suoiet t 'r>, -.vudrin tne t nie of comnietion nerein provoeo so as not to cau*e damage or delay in the woik of otr.er- Suocontractor shali nerjorm t'-e pur,.*-: t\ ,,r, at tne times anc in tne sequence directed ov Genera; Contractor, or f.iwne* from t.me to lime. and. in t-.p ar,-erce of such instructions from Genera; Contractor or Owner, at the times and in the seouerce reasonably necessary to jvo:d de.av in tne perfotmance of the work required by the General Contract at wnatever rate of pr^gre*- Genera! Contractor m;i\ make ;n performing tne work In the event Subcontractor be ie.aved bv the Ow-ner, Generai Cortractor. o: anotnei contractor rmmg *otk -m the project, or nv the ordering -if extra wor-. General ''or.'.racto! *hai'. <>we Su'cor.'ract ; -in.\ an i \ter-:vn tin'e anc then ^r.,\ :f written request therefor :* maoe by Subcontractor witnm forty-eight r -I S i no-"- f-on. ,.r.e oegir.mr.g of .t a";, par' of Suncontractor * -iori aeT'en-:*. for prope- execution or results, upon the - 0; unt i dctui -na.. ir.spect the wor-, if tne otner contractor and nromptiv resort to Genera. Cent r tne performance t.nereof that a-: v H'-^ei*. affe/-t- 'ne proper execut.or anc tne intaimng of tr. ` ' ' ' ^-0':or.*ra'''.cr - fa..^i>t.- r:-t.or* arc report anv suen le^ect- ;~a. .'vn.st.tute an acrertanc < - :.t anc prope-.'. nei termed. .Suocontractor snail endeavor tr. *: e v. greemen: tr aroit ra tier. -r.c'-rt: ar-.c' materia.man ,.tre- arising from. Suncort a - `ur act- or umissior.-. of an-. "tt"- -.ortractor. an-, effect.- in suen wor? a> or *atis:i ar.-.- .jocmert rendered 'ne-e:n against (jf-er3. Contractoi >- G.v-e- arc pa-, a . "jrred :v i`,enerai roj-,;i actoi oi (i.vne; f ar . ,nf a -tat- t- `Mr, i-xper.-f, : : j>. are a . re to tr- due ar..: lawful pi psec at r--.-,- nj; easement -e-tr:ction "-m<-r-,a. agenc-. o- autnoiif. and < iw r.e: t 'A -- ( n!'.t::rje': EXX 007216 . a eueu ,./ nave of.'^ f' ,, e'cm "(f-por.siiiMlv fo: :re -.>.e .eu ..rcnce of 'leoeu. 1 '*rfact t j a.. e u e i t ~ a ic f 'itiK-ia Cu.m' ;u : < :uc; tr.at "F :'- , . '' .1. ; u ,t-1a m;;" c ne ui u\ i * .oi.- >.: J-'j 1 du a: ^ - .i - - .. ni e- a. * - y t u" - .a. nu c' t- t> > . ot on;: acto t * e-; ..pu.m;- * -r/n a:'.1. ,i.......... , ; . 'i\wv` Gene'j, * r.tia 1 i". trc S-ivont: dctoi ' re. ; .... , t >. Xu'icr'u". kit.:1.1 S-t-w-' a \ a'./^a: . t ne': \e--e.' r * *. . *. . > v . n 11<> Suo.et Worm S ,"i "r.iac. " .i_.....- a1 t r;if.c n uete: m manor. refute miniem'tin wnik .'.a'. < u**" ve"'-.- a'*1 --aw *. ar ; -..c too,- ar*.- aue.j.<aU' fui tne -afe peifortnar.ee of tne wor* SMttiac'.ui . <c>* tnat -arr to-'.' 'ouipmeo*. ~r v,>.-e.s aie a ' . ' ji ni>ne<: an.: a? tented o\ Suncontr act nr wi: hout * ananv. i en: e septan or. o\ i,enei a. i. nr:: acto1 n: 1 >wrc- a - ' t.nei '..-..r tw.uir. 'ac v?"e.s. too.' ar.c <; j: pmer.t t - Gem-a '7/:'tra"'.oi oi Ownei a-. tr.e r t-< " " - ,c- ..-i -an'*.- or, a - .we". ece:\ eu. ot o inary w eai am: teat ?< cep tec ar-: : t ridentr ifv and non: ,> cnc j . r j a and `a nei na'-:i: a a.-n- .'enur'd.' cause* of act:.''*. a.-.. . - e *.. .:;m rrom Suoconti at: : - -a;.; Wn- an : i-ivr: .n< anc:a ini' :en:ar,<;.' . a - o: act :on, :ama j-. - .1 vt- J t:nu from o\ a., l . .t * t .rv, :u`i.'dLrcnco ` '.-ri-ra ('ontraoto! oi dune:, di fiont trie mdiequac;. ni -n 'ea w oi t i;ne?' of vei-'ei.'. tooi- an.: c: _:pn:er,t foi the perform ance of tne .Suoiet W oi k i'j In toe event after seven i?i oa>' wruen notice fion: Oeneia; t' .r,tractor t-. S ji>cont i actoi potntinjr nut teneialK am aefmencie-- either in te-peci to the nature of the Sublet Wi.u oi m e-pect t<> the promptrc" with which the Sublet ^ Mf * entr performed. Snbcontractoi has not collected "jer. oeiiciencie- to tr.e satisfaction -.f tne :rto: idual :n cnarce V t.n,' .ot :.n (.enera' t'ontiactor :n tne field. (lenera; I'ontt ac -r.a; n.f. tr.e ii*rrt - jrn.er.e-' .* ' : f Sjoc-'O- tase w%ei comp.etei;. the oertoi mance it the ' n-jir.ce' 'he Sunlet W.iu v t- - - t nrei- Saocontractui erant? Genera. Pontiac;, tne 't>t on tc u-e ail oi an;. ra:t : nt ., net", matetta.; and supplies tner. in ,n. pert r.e S-tilet Woth and in ft '.n' r `v.11 a, ('-inti act h 1 e it rent. a:a k--.e.- Tetefoi and no cicdit dC'- e: :r eveept insofar .n\ lenta; cr.jrire tnu- teduce- tne it y o.etin.^ the Suolet Woik Suncont. ,i-:t-i aw e\pie-viy waive- \ men he coj'd a--e'' :n connection tneiewith foi se 'ucn eoutnnieru t whoie '' - ru" n t-e' i meets and i"t ."Dated tneieon auiinp the permd -ucr eoui: ent : an;, pmuon tnen-ot aiv '<> -t.r.t-o 'o Genei at Conn ac - icance wun thi- provision or anv provision? o the Genera! Contract. In the event tr.e oo-t if su ppiementi ntr hi.' 'he Suoiet Work is mote than the amount ":.'ne> S jncont i actoi i- entitled to or: the pr.ce oast* pto- oed heiein. .Vuncontractor aeree4 to pay to Geneiai Contrac -non demand the amount of sucr co-t. and m tne -v.if. . jc" ,f 'uppiemeniink: oi completmi; the Suniet i- .es- than the amount of nv-ne' j.-t 11 . - emit ted tne .j-i*. specified herein. Geneiai Conttact'.i aaiee' t</ pj\ S j nconti actoi upon demand the amount uch c :: e: nre "e'w.een pnee and cot: provided that :f Geneia ('.inti actoi na!l sjppiement -n c^mniete w . >:tr. m- .v.tr ............ 1 nti.iri.ii niav cnaiee Su ocont i actoi w t.n an additional ten i lb . i percent if the ' 're'eof Thi- iijrnt > ' -veiC'cd urn time to time a? deemed piopei and mu> e eseici-ed even pnoi t-i the t::ve -oecif ed cmpletion n- '.i-.f, ''-I-, .in: -acn evetci-e shall not '.e tieated a- i lenudiation --f t h i - Sure.-nti ac .nteiteiehte v-tr. *ne ' - 'iiti.i.t.u :n tne peiiuimance of the Suniet Wui*. ar.c tr.e e\eici-e ol 'pen riLrht- -hai! ..e reiraided .i' leiievinc uncmti actui ot hi- dutu*' m te?pect to the perfoimartce of the Su'.iet Wnik. noi shall the eveioi-e "i non-eve i ci .- -uch l"" m*- jo ice urn otnei remedv the Geneiai ('ontiacto: n Hwhe1 h`,i' n.i\e including, ''itmtu' .m.itat:..:- t. .... -;ec:;ico '*. 'itneru. (ontiac; Sui.contractoi airvee- that the UecMur of tr,e - jpe: intendeht .r, e\ei'.:-.nu' tr iiL'r.t- movided ' ''H.o -n.i.' ;,na, and conclusive nut if Su nc mt i acto; *. ec - j rtd di-nu tes t he judgment of t nt- .! i .tai" erdent r.e ".w r.ei e: i on., aithir. -aid T aav nenod. an e\<crv ft.^^- t 1 lenei ^ 'hfactot deivrh.".'eo t- - o.--'. t 'lenera, factoi j no tr.e w nfen decision oi `hat ae-iunated ff ce: aite: nea'in*; S-uc>nti actoi 'ha,: .e :.'-j 'e-- .:t..a. :i;.-d Su--- "' ` `C'.'-'i .iL"ee< to coopeiate fuiii with Geneia! ' rtia.;-: .. nd - : t mti.j:" .neieafte1 if tm- ...-'e' ; * - .py.e .i cumnlet:nt: the Suniet Woik nee t toi :cn: 'e; let \V ac ' :t -Oenencen S- e' -- Cv'nt!r;,jed P;iKri? g -- 007817 V:\ue . o.. r >re. i:: i!- <u: ace .ne'< r: n,... *ii* v o l..jJ .. -m/O .\p;iv. except ..por * c-l" -te: ed n:.. . !r toe mv" .' . n 11 .u'toi > >; a:n ra't . 1 (.`Ki;: t/ t.n.r. t*\ei -ucr S .c 1. i' t < i C'.mipiv uitn tne i1 -r'.i.; '-a jji.ued mt" :":.ir.ie- a. .'em.rue to </enoiaI Conir:ic'': a net urut U'.v cm'.'.', .ic'. m - pe' -1 : in u woik tn connection t'v^a >: r c- i i .u ..no Tv n . -- -naP w enuoi-ed .iccojq.t. .mo (^'v.urv -.c j i once I: m.nim mei .it ..o- .m involved iid."-mem- -nail pi Aide maritime v .::r-Lr \ -a unt.u v- Ma i me Enanr-ement. 'mte: ''r'.irental Sheif , ij-.o l S !, .ML'-n'M eman - A: Hat no: w m kci - Acl< i :n v-.t-i.v t- P mdc L.aiuhr. .enoui.-ed t. include c<>n': act-ini and completed wi u cxei.iL'e r.ei enndci < :i .d '. In in;. Piopeitt Damacrv K <m.t i v e .' >u ned oi N'on-Ou ned i Bodih |niur> FOopei'tv Danube ' M.n.ne *.'e - * * . - a-e irn. o\ed Huli Protection and Indemnit;. insurance cyiiMi.ii. pe' per-on pe: accident S; nri.on.i per accident 5100.000 pei person S300.000 per accident pe: accident Fa:1 Value FC: Va: ue ".ut not letnan ?JuO.OOO Trvic -r.a:] --v im change in the unit prices, if an\ de-cimed in paragraph 'J of Section I if thi- Suticr>nM act due an. .nurrv etuevn e-tminted and actual ouamitie- the Suoiet W'.itk and there *nail he due and ow.ni: :: r. '^eneiai i ontrac'.m i.` -JT. -cim- a- fnmi the annhcation of the unit prees, ;f a"', de-cv.'.^d in that paragraph to tn<- j jr.t'tie- of the Sum \\ ... DHjf.inn'd f .1 niiich tjeneial ror.trac*oi received oat men: fioni tne Ownei. ' emt i actor -na.. -.ee;: tne menu-e- undei ni cor.: in, neat and ordenv a; all vme- arc. -r.u.' :eii'.i a'' t:a-n and ii'Ho daily and at the end 'ne o<nt:ac: 1'. 1 ? j i.cMit i uct.-i airiee- .'-.tne' e: . i ** mere: m.' toin-n a net fm nunce -.Td w.T:r -er c.v. - ho>.:.d Ceneia. 1 n: S . .v 'A n .u at am. time "efo- -'rv.met: r c the .v.r.iot Worn S.cr <-r i ral` .*. -..-u ..no ' tr. i: * . e- -.r..-fart.a v to Cenera, '? anti actm . ar.c . - --c" amount a- m:r. :e 'nec.feo 'jer.eia. < r.t'ai." . ..deoj.ite t ' e1 i <_; `. " nnce tne Sj'.ie' \\ orh and ans dantaite- tnat max le-ait froni tne vacr. o' t* - - .'.i'.>nti .vc ^ - a. . . c'j .o nee:a i- .%;~ s<.- - > ; , . na!! pa\ tr n I en11..n ! 'ed .a' te. i. ........ ... . '``t i t c date I'' ' ifi'i'i a! 1 .r.v. actoi -nali pa\ tne nmnia. meiv.i'am .f tne nonO i- lep-ned :. -lene'a .ru .mfi at Su'-COIV.I ,iC' had. C` .n O' -r.i. .n:"j j-s' . . t.- nv-e-' t.r.d.iic a -atV . piact.ce- and i vou 11 emento rei-tu. ..i >va\ ,-e inspected at (Jen.'a. ..te-; practice- in pe: f o m.i nee p'-c; .] (,enera! Contractu: ',e 'm'lact-u office p . ' '' o- and :>v..' f 'fttruct o' - eur^ent -a:Vv, The : 'Tei ..'tml .r :-t.. j " u ' r. a- t r.e : f .ij-'tv ..............1 ' i 'r.e i. a t e - c ' n -e-nect t ' ne \ o, r eouited -v tne Cene'a. " .."O ' aL''"vd -rat tn;- S a |.c''r't: ac: r.a- - t ev a-ed -pn an. "ra e;i e. r- v :-r v-ent.nu' .im past, neiet-. ana tr.at tnt- eement - tneiefme "ii-ed entoe.. ;p-t. t.- ' -i'" ' cm'". -e rart e- i - .re: -ece- .... :: -n.. -a.- ar.c "ei;- atmr. n". n: . 0 tn.r T.-. ac-eeinent -r.al' r...-, cnar.^ed m.'.Qif.ed. j'uirated -jpe'-eceo ,.n i: `.nt' .ir.e -icrec . i.t.n na:t:e- Jr. -ne even: ,, C.:cr,a-e urde- 'A'. :< " )? >! t-v - r.f.i a 'tr. tn.- r,t i act " - .tcei - ood t ra- a" r.rmted ni ov : -: -.n- of iacr r.e: t ^o'C' ' tf. nt'act : -in, a:... pur' ii n^r, a: Te type "tter. o nunc u :ten : - a n: .. r a t '. i ,-:or,- ,i -^cr Continued on Pape EXX 0072IB v-rm DK:.i: : - Page T of 7 nt:t par*. hereof and shall re :or - 'An r :r.f zraw.ng? ? drawing- -na.. oe con-idir*'< all of the printed, tvpew *;;.'.er. tre specifications " un; eouired under thi agreemerv rid handw \ : a n.cn -... wiv rue: >r x.. n an necessar. .mt'. tnr - justomar.. CT.e :n oe storming this type s: -a irr. ^ oart s-.ie: W.jfiv f tne crawir.es and - :n Owner or Genera .uir.ir.g :o tne Sublet e oerformed O'. tne 1`, in-n-jra, ' sr.trartrr.ax at ant time m a "Change Order" m m r.i'.ne signed ox General Contractor's authorized renre-t-n:j-..\e and witr.ou: notice to the sureres :n ary pond, mange n issue additional instruction-. cnange or issue add,- r'u -nec;ficat.:n- and pians. and change, omit or require extra -r additional work to be performed oy Subcontractor In -,-cr event. Genera. Contractor will have full autnoritx to specify tne amount and kind of work to oe done, or omitted, the naiena.- ;> i-e used, and the equipment to oe furnished as fuliy as though such changes had oeen set forth ^n this subcon tract W hen an cnange order shall authorize extra or additional work, Suocontractor shall make every effort to complete thi. '-ji.et work as cnanged within the time originally agreed upon for completion, the time for completion not being extended .me-- expresGx extended by General Contractor in writing The General Contractor is authorized to make changes in the work A.n.o- not sj.'jstantiali;. increase the cost of the suDie; work without the Subcontractor being entitled to any additional com- :'er,.-jt..,n tnerefor If -ucr change order? substantially increase t decrease tne cost cf the sublet work to Subcontractor, there r.j, i- an increa--- r cecrea-e :r the consideration to suocontractor lit in accordance with the unit prices specified in \r.- --ivor.tiact agreement or. if General Contractor agrees trat the unit prices are not applicable, either |2 pursuant to a .jmp -urn proposal acceptaole to General Contractor or 13 D> the actual direct cost to Subcontractor of such change in tne -^tlet w.tirv piu< ten percent thereof, which costs directlx related thereto will be supported by approved payrolls and paid \ ..vvic.j. ,,n additions to the suolet w'ork and by agreed estimates of labor and materials deleted for decreases in the sublet '!>. Subcontractor further agree? that no extra work, or changes in the Sublet Work, or in the Suncontract will be recognized :\ud for unless agreed to in writing and approved b\ General Contractor and Owner before such work is done or such changes -.e made -'4. Suocontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, or sex. Subcontractor agrees that it will comply with all applicable Federal, State and local Fair Employment Practices Act. or similar Act. Rules and Regulations, and whether or not applicable will comply with the Federal Civil Rights Act of 1964. The terms and provisions of Executive Order 11246 and any Executive Order superseding same, are incorporated herein with respect to any Sublet Work suuject thereto. Regard less of any provision hereof or of any approval hereof the Owner is not a party to this Subcontract and the Suocontractor agree? mat the Owner isunder no obligation to Subcontractor 26. The Pages of this Subcontract consist cf Pages i, 2, 4, 5, 6, " and the Safety Peculations. PPRflVEO Date BROWN & ROOT. INC. EXX 007219