Document EvJqrb3nVJ7oNrV6zagKg7L1L

I MR.R. 0. COVINGTON EL PASO. TEXAS PURCHASING DEPARTMENT MARCH 6, 1984 SUBJECT: ORDER 14H-0287, REON. EP3 #1 Converter Installation Herewith three (3) copies of contract properly signed and executed with James & Luther, Inc. Contractors/Services to cover the in accordance with specifications referred to therein. It will be in order for you to hand the signed copy of the Agreement to the contractor, giving him whatever instructions are required to proceed with this work; the remaining two (2) copies are for the plant file. - You will note New York Purchasing Department Order 14H-0287 - f has been assigned to this contract for reference purposes. As soon as the work is completed to the satisfaction of all concerned, the invoices should be paid locally without reference to this office. However, a copy should be sent to New York for recording. Also, you are to note the expiration date of the insurance. Should the work continue beyond the date shown, be sure to obtain an extension to protect the company until the work is completed. FOW:eth Enc. F. 0. WITTWER cc: P. A. DeSantis w/copy of contract. PLAINTIFF'S EXHIBIT DMART 323 TOj ' iPPKOVU BT U*l________________ __ 1............. .... Op*rtt*r Vic* Pr*iM**t RZTURH TO PURCHASING DEPARTMENT CONTRACT FOR Page 1 of 9 Asarco Construction or Repairs Contract Form PD-19 Under $100,000.00 Revised 5/75 #1 Converter Installation (Insert name of job) ASARCO Incorporated's ________ El Paso ______ at El Paso, Texas (Insert town and state) THIS AGREEMENT- made the lstday of February , , 19 84 Plant by and between James 6 Luther, Inc. Contractors/Servic,e^hose address is P. 0. Box 15224, El Paso, Texas 79912 (hereinafter called-tie " "Contractor") and ASARCO Incorporated, a corporation of the State of _K New Jersey, whose address is 120 Broadway, New York, N.Y. 10005 and P. 0. Box 1111, El Paso, Texas 79999_(hereinafter called the) (Insert address of plant or unit)' "Owner"). WITNESSETH: The Contractor and Owner agree as follows: Article 1. Scope of the Work' The Contractor shall furnish all shop drawings, field engineering, labor, tools, equipment, transportation, materials and other facilities, except such items as a-re* hereinafter listed as being furnished or furnished and installed by the Owner, at the for ^ Converter Installation (Insert name of job). El Paso _______________Plant of the Owner at (hereinafter called the "work El Paso, Texas (Insert town & state) in accordance with the drawings and specifications listed below, all of which are incorporated herein by reference and made a part hereof: (List Specifications and Drawings) Job Description - #1 Converter Shell Installation Dated 11-5-83 James and Luther, Inc., Contractors/Services Proposal Dated 1-6-84 James and Luther, Inc. Contractors/Services 1984 Labor Equipment Rate Sheets Dated 1-27-84 Including Schedule A Schedule B #1 Converter Drawing List Dated 11-5-83 Page 2 of 9 Article 2. Time of Cccpletign The work shall be commenced February 1, 1984 and shall be substantially completed_________ February 28, 1984 Article 3. Payment (to be deleted If progress payments are to be made) The Owner shall pay the Contractor for the performance of this Contract, the sum jcgc Not To Exceed Eighty-One Thousand, Five Hundreddollars, ($____ 81,500.00 ), lawful money of the United States of America within ______ Thirty ___ days aftci sut Is iactory completion of the work and submission by the Contractor of evidence (including, if requested, complete releases of all liens arising out of or in connection with the work by all persona, firms or corpora tions on whose behalf such liens could be or were filed) satisfactory to the Owner that all charges for labor and material fne r para ted in the work and all other indebt edness connected with the work for which Liens could be filed have been paid^and that the work is free of all liens and encumbrances. Arrlcle 3. Payments (to be deleted i f progress payments are not to be made) The Owner shall pay the Contractor for the performance of this cpritract, the sum of dollars, ($_ _), lawful money of the Unitpd States, as follows: On or about the'' day of each calendar/lnonth, commencing percent (__ .. 19- the. Owner shall pa# the Contractor^ _%) based^on the cojufract prices, of tha labor and materials incorporated in the work and of material&><uitably stored at the cite thereof up to the end of the next preceding calendar^ofonthvas estimated by tha Owner, less the aggregate of previous payments; andupon completion of the entire work, a sum suff icient to increase the total paymeiu.s to__________ \____________ _percent (X) of the contract'price. FinaJ'payment ot` the remaining X) of the contract price sb%ll iue _days afteKcoopletion of the work. Before eaplrsuch payment is uue, the Contractor shall submit, evidence satis factory to the Owier (including, it requested, partial waivers, or in'tha case of final paymenp^ complete releases, or all liens arising out of or in connotation with the work by'ail persons, forms or corporations on whose behalf such liens cbtU.d be or were fij^a) that all charges tor Jabor and material incorporated in the work ahd all otheryxndebtedness (except, in the case of payments other than final payment, iiwebtedjidss not then due) connected with the work for which liens could be filed have bei lid and that work is free of all liens and encumbrances. Page 3 of 9 Article 4. Payments Withheld The Owner may withhold all or part of any payment to the extent necessary to protect the Owner from lo6s or damage on account of (a) damaged or defective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor or the Owner (c) failure of the Contractor to make payments properly to Subcontractors or for material or labor, (d) a reasonable doubt that this contract can be completed for the balance then unpaid, or (e) damage to the Owner's property or the work of another contractor. Article 5. Liens If any lien remains unsatisfied after payment of the full contract price has been made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs and a reason able attorney's fee. If the Owner has so requested prior to the signing of this Contract, the Contractor, at the option of the Owner, agrees to furnish or permit the owner to secure bonds in the full amount of the contract written by a surety company designated by, or otherwise satisfactory to, the owner, guaranteeing and conditioned for the full, complete and faithful performance of this contract by the contractor and for the payment of claims for labor performed or materials furnished in connection herev?ith, all in accordance with the terms of the bonds. The pretfflom for the bonds will be paid by the Owner and must not be included by the Contractor in the contract price. In the event the owner elects to secure such bonds, the * contractor agrees to sign the required application, to furnish necessary financial statements and financial guarantees, and to otherwise cooperate with the owner, in securing the bonds. Article 6. Title to the Work Title to all work completed or in the course of construction shall be in the owner and title to all machinery, equipment and materials to be in corporated in the work shall be in the Owner as soon as they are delivered on the site of the job. Article 7, Inspection and Repair The Contractor shall provide safe and proper facilities at all times for the inspection of the work by the Owner, and shall as soon as practicable after written notice from the Owner, at the Contractor's expense, replace and repair any materials or portions of the work which the Owner shall deem defec tive and make good all work damaged or destroyed thereby, whether or not there shall be a dispute with respect to any of the foregoing. Any such dispute shall be settled by arbitration. Article 8. Protection bv Contractor The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property and all persons thereon from injury, damage or loss by reason of any act or omission of the Contractor or any Subcontractor. The Contractor shall be responsible, and reimburse the Owner, for any loss or expense to the Owner arising from damage to the work or other property of the Owner caused by the wrongful act or neglect of the Con tractor, any Subcontractor or the employees of the Contractor or any Subcon tractor. UTiere such damage includes damage to the work it shall be repaired -at the expense of the Contractor. Page 4 of 9 The Contractor shall use its best judgement and skill in dealing with labor matters, and take ail reasonable steps to avoid labor dispute. In the event of any strike or threat of strike, slowdowns, featherbedding,, or other like practices, the Contractor shall apprise the Owner of all relevant facts and implications of the particular labor problem involved, and shall consult in good faith with the Owner in an endeavor to reach a mutually satisfactory solu tion to such labor problem and, so far a`s reasonably possible, to protect the Owner against delays affecting the work or damage or losses to its other oper ations . Article 9. Contractor's Liability Insurance The Contractor shall maintain such insurance as will indemnify it against claims under Workmen's Compensation Acts and against any other claims for damages for personal injury, including death, which may arise from opera tions under this contract, whether such operations be by the Contractor or any Subcontractor or anyone directly or indirectly employed by either of them. Prior to commencement of this work the Contractor shall file with the - Owner completed certificates of insurance in form of "Insurance Certificate"--f' attached and shall provide insurance coverage in amounts not less than those- f stated therein. "* Article 10. Indemnity by Contractor The Contractor shall save harmless and indemnify the Owner from and against any expense, loss or damage on account of any claim, demand or suit made by any person whomsoever, including any employee of the Owner, which is in any way caused by or connected with, or grows out of the execution and performance of this Contract by the Contractor or any Subcontractor; provided, however, that the Contractor shall not be required to indemnify the Owner against any loss caused solely by the negligence of willful fault of the Owner or its employees. The Contractor accepts all risk of injury or damage and all responsibility for any claims for damages what soever resulting from the use, misuse, or failure of any hoist, rigging, blocking, scaffolding, or otherlike or unlike equipment used by the Contractor or any Subcontractor even though such equipment be furnished or loaned to the Contractor or any such Subcontractor by the Owner, and shall indemnify the Owner against all such claims Article 11. Owner's Responsibility for Certain Casualties The Owner- shall be responsible for all damage to the work, and to material, temporary structures, and equipment (excluding construction equipment not owned by the Owner) at The site of the job, which is caused by fire, windstorm, smoke, hail aircraft, explosion, vehicles, riot or civil commotion. Article 12. Compliance with Laws and Ordinances The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations, bearing on the conduct of the work as drawn and specified. If the Contractor performs any work contrary to any such law, ordinance, rule or regulations, he shall bear all costs arising therefrom, in particular, but without limiting tiie scope of die foregoing, the Contractor shall, and shall cause any Subcontractor to, comply with the terms and provisions of the Occupational Safety and Health Act of 1970 and all appliable rules, regulations, orders and occupational Safety and health standards promulgated under and issued pursuant to such Act in thi discharge of its duties and obiications hereunder. Page 5 of 9 If for any reason the Contractor's or any Subcontractor's employees or agents acquire a status imposing liability on the Owner for employer's con tributions or taxes under the Federal Insurance Contributions Act, the Federal Unemployment Tax~Act, any State Unemployment Tax Act, or any other Act, the Contractor shall be exclusively liable for, and shall indemnify the Owner against, the same and agrees to comply with all such laws and regulations so as to relieve the Owner from any and all liability therefor and from the re sponsibility of making reports or keeping records with respect thereto. Article 13. Patents The Contractor shall indemnify and save harmless the Owner against and from any and all claims, losses, costs, damages, expenses, actions or other proceedings, growing out of or resulting from infrigement of any patent by the Contractor or any Subcontractor in the performance of this contract, except that this provision shall not apply to patented articles or processes specified in drawing or specifications furnished by the Owner. Article 14. Changes in the Work The Owner, without invalidating this contract, may at any time order extra -- work or make changes by altering, adding to or deducting from the work. Such prefer may be made by the Owner on its own behalf or at the request of the Contractor;- Upon discovery by the Contractor of any discrepancy between the plans and the physical conditions encountered. If such extra work or changes involve a change in cost, the contract price shall be increased or decreased by the fair value thereof. The Owner will itemize the changes to be made and upon receipt of written notice of same, the Contractor will submit promptly to the Owner, in triplicate,- an itemized statement of his calculations of the adjustment in the contract price resulting from the changes or extra work. This must be done before work on the change is begun unless the Owner gives written order to proceed immediately. No work or change shall be made, except by written order of the Owner and no claim for an add ition to the contract price shall be valid unless the additional work was so ordered. Any dispute under this Article shall be subject to arbitration. Article 15. Owner's Right to Terminate Contract If the Contractor should be adjudged a bankrupt, or make an assignment for the benefit of creditors, or if a receiver of the Contractor's property should be appointed or if the Contractor files a petition or if a trustee of the Contractor's property shouldj^e appointed under the reorganization or readjustment provisions of the Bankruptcy Act, or if the Contractor at any time should refuse or neglect to supply enough properly skilled workmen or proper materials, or if he should fail or make'prompt payments to Subcontractors or for material or labor, or disregard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of .any provision of the contract which he shall have failed to correct promptly after service or written notice thereof by the Owner, then the Owner may, without prejudice to any other right or remedy, terminate the employment of the Con tract for the Contractor's default and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method the Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed all the general damages of the Owner caused by the Con tractor's default, including the expense of finishing the work and compensation of the Owner for the Owner's managerial and administrative service, such excess shall be paid to the Contractor. Page 6 of 9 If such damages shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. In the event the Contractor and the Owner are unable to agree upon the amount to be paid or reimbursed the dispute shall be settled by arbitration. Article 16, Correction of Work after Payment Neither payment nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship and the Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom which shall appear within one year from the date of completion of the Contractor's work hereunder. The Owner shall give notice of observed defects with reasonable promptness. Any dispute under this Article shall be subject to arbitration. Article 17. Arbitration. All disputes which are herein stated to be subject to arbitration shall be submitted to and determined by arbitration. Except as- and to the extent otherwise provided by the controlling state, law, no party may have recourse to legal proceedings (other than to enforce this arbitration Article) unless and until an arbitration award has been made. There shall be one arbitrator who shall be chosen by the -- American Arbitration Association, whose arbitration rules shall be followed. _ j. Article 18. Subcontracts -- t.m The Contractor will not employ any Subcontractor without the prior written approval of the Owner and the Contrator shall require each Subcontractor to execute a contract in writing containing provisions similiar to all provisions of this con tract which are in any way applicable to such Subcontractor and which will obligate such Subcontractor to comply with and perform all such provisions herein. Nothing herein shall create a contractual relationship between any Subcontractor and the Owner. Article 19. Assienment The Contractor shall not assign nor subcontract this contract in whole or in part nor shall the Contractor assign any moneys due or to become due Contractor here under without the prior written consent of the Owner. Article 20. Coordination of Work The Contractor shall'conduct the work hereunder so as to cause a minimum of interference with the Owner's operation. Where interference with the Owner's operations become absolutely .necessary, permission shall be requested by the Contractor not less than seventy-two (72) hours in advance. Article 21.~ Undertakings by the Owner The Owner agrees to obtain and pay for any permits, licenses and easements required for permanent structures or changes, and, to the extent practicable without interference with operations, to furnish the Contractor, free of charge, for its use during the construction, electricity, water, steam and compressed air required for construction purposes, at the voltage and pressure currently available at Owner's said plant, to a point adjacent to or within100 feet of the site, but the Contractor will be required to make the necessary connections, provide approved shut-off and safety devices and furnish and install all temporary lines required to bring them to the point of use. Article 22. Applicable Law Page 7 of 9 This contract shall be construed and enforced in accordance with the laws of the state where the work hereunder is to be performed. Article 23. Entirety Clause This contract constitutes the entire agreement between the parties, and except as may be specifically set form herein no changes can be made herein except by an agreement in writing duly executed by the parties or their duly authorized agents. Article 24. Technical Information The Term "technical information" as used in this agreement includes but is not limited to technical data, reports, models, drawings, specifications, operating manuals, designs, computations, formulas, apparatus, processes, pat entable or unpatentable inventions and other engineering data. You agree to accept Asarco's decisions as to whether any particular information is technical information or is technical information which has been made or conceived under this agreement. It is understood that in the course of your performance hereunder you may T learn or have access to technical information of Asarco. You agree that you and - i. your personnel will keep in confidence all such technical information of Asarco " * and that you and your personnel will not use or disclose the same without Asarco's written consent, either during the term of this agreement or at any time thereafter. You agree to disclose to Asarco all technical information made or conceived by you or your personnel in performance, or resulting from performance, under this agreement. You agree that all such technical information made or conceived by you or your personnel shall become and remain the free and unrestricted property of Asarco and that you shall assign or cause the same to be assigned to Asarco. You agree that you and your personnel will keep in confidence all such technical information made or conceived by you or your personnel and that you and your personnel will not use or disclose the same without Asarco's written consent, either during the term of this agreement or at any time thereafter. You agree, upon the request and at the expense of Asarco, to make or cause your personnel to make applications for Letters Patent in such countries as Asarco may designate on those of the aforesaid assigned inventions which Asarco believes to be patentable; and to assign all such applications to Asarco or its order; and to give-Asarco, its-attorneys and solicitors all reasonable assistance in preparing such applications, and in prosecuting such applications in the patent office or offices involved and in defending and enforcing any patent that may be issued upon any such'applications; and to execute all papers that may be reasonably required in the prosecution of such applications or to vest in Asarco or its assigns said inventions,^-applications and Letters Patent. Article 25. Additional Provisions (add such additional provisions, if any, as the particular job requires). Reimbursement shall be based on the 1984 Labor and Equipment Rate Sheets, Schedule A Schedule B. Page 8 of 9 Article 26. Contractor Employee Blood Tests Contractor shall, when requested by ASARCO and at ASARCO's expense, have blood samples taken from his employees. Contractor shall not permit any contractor employee who has a blood lead level deemed excessive by ASARCO to start work or continue to work, as the case may be. Such employee shall, at ASARCO's option, be removed from the job or assigned to other work areas of reduced lead exposure until such time as the employee's blood lead level is within an acceptable range as determined by ASARCO. Article 2 7, OSHA Compliance by Contractor Employees Contractor agrees to enforce all applicable regulations of the Occupational Safety and Health Administration (OSHA) with respect to his employees and to hold ASARCO harmless for any expense, loss or damage on account of any claim,' demand or suit made by any person, including any contractor employee or OSHA, relating to a contractor employee's failure to comply with such regulations. Contractor agrees to remove from the subject job any employee who fails or refuses to comply with applicable health and safety regulations and practices and to assume full responsibility for these actions. Page 9' q 9 IN WITNESS WHEREOF- the parties have executed this contract the day and year first above written. JAMES & LUTHER, INC. CONTRACTORS/SERVK ASARCO Incorporated Owner By 3 ASARCO El Paso Plant 11-5-83 #1 CONVERTER SHELL INSTALLATION A. Assembly at North End of Converter Building 1. Install Riding Rings 2. Install Gear 3. Install End Rings 4. Install One End Plate and Beams with Bolts, Washers Springs (Other end to be installed after converter in place brick work started.) 5. Install Mouth Stack Castings 6. Install Tuyere Plates 7. Re-Use Existing Bustle Pipe Add Extension for Additional Tuyeres*! ~ B. 1. Install Foundations for Temporary Hood Support -v -^ 2. Install Temporary Hood Support Columns, Beams Bracing 3. Remove Hood Door, Hoods, Structural Steel, Bustle Pipe 8 Platforms Around Converter as Required. 4. Remove Pinion Shaft 5. Jack up Converter 8 Remove Trunnions 6. Roll Out Old Shell 7. Roll in New Shell (Overhead Cranes to be Used With Our Operators for Transporting Shells) 8. Re-install Trunnions 9. Install 8 Align Drive 10. Re-install Hood Columns 11. Reinstall Modified Bustle Pipe 12. Install Tuyeres Air Lines 13. Install Mummy Chest' 14. Modify Existing Platform on North End of #1 Converter. #1 CONVERTER INSTALLATION DRAWING LIST 3301 - Cradle Stand Details E15204 - Shell Details E-24992-2 - Tuyere Plate Castings EP-17971-1 - #1 Converter Foundation Plan EP-17829 - Converter Flue System - Plan EP-17834-1 - Ditto - Elevation EP-17832-1 - Ditto - Structural EP-17768 - Converter Hood Arrangement E 25200 - #1 Converter General Arrangement 3320-A - Original Converter Installation James & Luther Inc. Contractors/Services P.0. Box 13224 El Paso, TX 79912 (915) 598-1081 January 6, 1984 ASARCO P.O. Box 1111 El Paso, TX 79999 Re: No. 1 Converter Shell Installation Attn: Mr. Carl Glaser _ Gentlemen: ~ We propose to provide all labor and equipment required to complete the above mentioned job in accordance with your plans and written instructions dated November 5, 1984, all for the sum of $81,500.00. If we are to remove the refractory brick, add the sum of $7,683.00. We have estimated 320 manhours to remove the refractory assuming ASARCO will scar the interior of the converter to remove all possible copper from the walls. If you desire, we would use the above price as a maximum and remove same on a time.and material basis. As per ASARCO's suggestion, it is agreed that we can have use of your overhead crane for a period of four (4) continuous hou-rs if required. This would be in conjunction with.'some, pre-planning with your people. Also it was determined that we would have no downtime due to your operations in the converter aisle. After removal of the existing shell, it will be placed at the north end of the building (as far as the overhead crane can carry same) and ASARCO will then pull it out of the building and dispose of same. Mr. Carl Glaser ASARCO P.0. Box 1111 El PaSb, TX 79999 Re; No. 1 Converter Shell Installation January 6, 1984 Page -2- All materials, with the exception of concrete and forms, are provided by ASARCO. The above figures are based on our cutting, pounding, etc., the existing converter during removal with a possibility of no salvage value thereafter. Hoping the above meets with your approval, we remain; Sincerely, JAMES & LUTHER, INC GDJ/sb c: File '/* James & Luther Inc. Contractors/Services P.0. Box 13224 El Paso, TX 79912 (915) 598-1081 January 27, 1984 ASARCO P.O. Box 1111 El Paso, TX 79999 Re: Labor and Equipment Rates Attn: Mr. Carl Glaser Gentlemen: Enclosed are copies of our labor (Schedule A) and equipment (Schedule B) rates which would prevail for all work that may be performed- outside the limits of a contract, or any work you may request on a time and material basis. If any further information is needed, please contact us. Sincerely, \ NRL/sb c: _File Enclosures SCHEDULE A LABOR RATES Reg. Time Project Manager Coordinator Foreman Millwright Operator Brickmason Carpenter Rigger Fitter Mechanic Welder Helper Timekeeper Painter Ironworker Engineer (Superintendent) $24.50 30.00 20.50 17.25 17.25 17.25 16.75 17.25 17.25 17.25 17.25 10.50 11.50 17.25 17.25 30.00 Overtime $33.57 41.10 28.09 23.63 23.63 23.63 22.95 23.63 23.63 23.63 23.63 14.39 15.76 23.63 23.63 41.10 SCHEDULE B EQUIPMENT RATES Equipment Welding Trailer Power Vise Pickup Truck 600 CFM Compressor 90 LB Jackhammer Sandblast Pot Paint Pot One-Ton Dump Truck Paint Van 8-Ton Crane 15-Ton Crane 40-Ton Crane Backhoe Daily Rate $44.00 16.00 30.00 140.00 34.00 25.00 25.00 65.00 50.00 Hourly Rate $17.75 34.55 57.75 17.75 : - All the above daily rates are based on an 8 to 10 hour day, Monday thru Sunday. Should other equipment be required other than those listed above, the rates will be comparable. Fuel purchased for equipment for your job will be billed at cost with no overhead or profit added. Equipment rates commence, the date that piece of equipment leaves its point of origin, and ceases when it is returned to its point of origin. ri)QM INSURANCE-t ASAHCO,Incorporated :, INSURAHCE-CERTIFICATE ASAHCO,Incorporated REQUIREMENTS EOH CONTRACTORS AND SUBCONTRACTORS. THIS IS TO CERTIFY THAT THE POLICIES Of INSURANCE DESCRIBED BELOW HAVE BEEN'ISSUED TO James Luther, Inc., Contractional Services THESE POLICIES AHE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR ASARCO,Incorporated TM rr,Tn-T #1 Converter Installation at El Paso. Texas IF THESE POLICIES API CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS' PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO ASARCO.Ineorportted. iTTN D. A. DeSantis plant manager. , K1 NO OF INSURANCF NUMBER C ESCR1T1 ON OF POLICY EXPIRES LIMITS OF LIABILITY REOU IRED MINI MUM CONTRACTOR'S PUBLIC LIABILITY (COMPPEHENSIVE INCLUDING CONTRACTUAL)* BOOILY-INJURY PROPERTY.DAMAGE CONTRACTOR'S PROTECTIVE LIABILITY A -4 11 --" BODILY.INJURY - property.DAMAGE AUTOMOBILE BOOILY. INJURY PROPERTY.DAMAGE workmen's COMPENSATION AND tl^LOYER'S LIABILITY V - -r- - -- \/ww H -- C IT* STATE AUTHORIZED REPRESENTATIVE - The Contractor ahell uta harnW'e ind udemn.fv the Owner Iron end efomat ear ezpaieo, ! or deaefo on account of any clam, demand or auit node by inv peraon vhomoovor. includmf any anplovoo of the Owner, obicb ia m nay *ey eeuaad by or connected oith. or frova out of the eteeution and pofor**neo of thio eoatroct by the Coatroctor or any Subcontractor; pro* rttfad. hooarar. that tho Contractor ahell not be required to indemnify tho Owner afomet any lota eeuaad aolaly by itfli* fence or atllful fault of the Owner or ue onployaoa. Tho Contractor accept# nil. rik of injury ar dtmafeaad all raapoaiibility for any elama for dantfaa ohataooror raaultinf fron tho uao, niauea, or failuta of any hniat, riffief, blockihf, aetffeldimf. or other like or unlike equipment uood bv tho Contractor or toy Suboomtraator, toon tkeufk auck equipment bo furmohod or loaned to tho Contractor ar any auck Subceitractor b* the Oar*** *d ahall indemnify the Omtr ifoinat all uch. / ' American Smelting & Refining Co. Januaryfc30, 1982 Page 2 It is reasonable to assume that the slag strata is continuous from TH No.21 to TH No.A3 and to TH No.A9, which would indicate that the existing foundation for Converter No.l is based on the slag strata. Consideration has been taken that the converter has been in place for over 65 years, with accompanying dead load, live load, and vibration. Any consolidation of subsurface materials from the past loads has undoubtedly occurred, and imposition of additional loads should be related, to existing bearing capacity of the sub surface material. Consideration has also been taken that expan sion of the converter foundation or compaction of subsurface material beneath the foundation would be infeasible, and that .it is desired to simply place an additional load on the materiair^on the foundation influence zone. _ j. --K Based upon the Soil and Investigation Reports of Sergent, Hauskins, & Backwith, it is my opinion that a penetration blow count on the slag believed to be under the converter should be no less" than 25, and that bearing capacity of the slag is a minimum of 4,000 pounds per square foot. It is my professional opinion that the proposed additional load may be placed on the existing foundation without failure of the subsurface material. Some additional consolidation may occur; however, it is anticipated that any consolidation will be within tolerable limits and can be corrected by shimming. It has been a pleasure to participate in this interesting project, and I would appreciate being informed of the results of the converter expansion. Sincerely, * * WBE:rlc EL PASO ENGINEERING & TESTING, INC MATERIAL INSPECTION & TESTING 2315 MYRTLE AVE. EL PASO, TEXAS 79901 January 30,1982 Lab# 1284/82 Phone 915/532-3831 532-1249 532-8808 American Smelting & Refining Co. El Paso Plant El Paso, Texas Attn: Mr. Carl Glaser Dear Sir: RE: Proposed Converter Enlargement In accordance with your directions, I have reviewed your proposed plan to enlarge Converter No.l from a 30 foot length to a length of 35 feet.. During the week ending January 22,1982, I inspected the converter site with you, and obtained Soil and Investigation Reports No.E70157 and No.E71-193, performed by Sergent, Hauskins, & Backwith; a copy of your converter foundation plan No.B 4012; and a copy of computations for the Converter No.l Extension by George M. Friedman of your company. I have thoroughly reviewed the Soils Reports, foundation plans, and the question raised by Mr. Friedman regarding bearing capacity of the material under the foundation of Converter No.l. It is my understanding that the existing 30 foot converter drum is proposed to be replaced by a 35 foot drum, utilizing the same existing concrete foundation, increasing the load on the material under the foundation by approximately 14%. I did not check all of Mr. Friedman's calculations, but concentrated my attention on the soil, bearing .capacity. You had commented that Mr. Friedman's calculations had been checked and, with the assumption that the proposed loads are correct, I have determined that the soil pres sures calculated by Mr. Friedman are correct. In -reviewing the Soils Reports, it is noted that TH No.21 encoun tered slag from the surface to a depth of 19 feet with a penetra tion blow count of 25 at 5 feet; TH No.A3 encountered slag from the surface to a depth of 37% feet with a penetration blow count of 32 at 5 feet; and you informed me on January 29, 1982, that a cut excavation to the west of Converter No.l had exposed slag from the surface to a depth of 6 feet. TH No.A9 showed slag to a depth of 10 feet, approximately 220 feet to the west and north of Con verter No.l. CENTRAL ENGINEERING DEPT. DESIGN SECTION ____________ Salt Lake City, Utah January 18, 1982 Mr. Carl Glaser El Paso Plant EL PASO CONVERTER EXTENSION FILE: GENERAL EL PASO The enclosed calculations were prepared in this office by Mr. Friedman who has done extensive structural analy sis for us before on various projects. The purpose of these calculations was to predict the results of your extending an existing 13'x30' converter to a 13'x35' con-, verter using the existing running gear and drive. As you will note we are concerned about soil pressures since the new calculated weight of the unit on the rollers will be 1,172 Kips with copper to within 3" of the centerline (see Page 5 of the review). The calculations clearly illustrate the dangers in arbitrarily increasing the sizes of equipment designed for a specific set of conditions. I recommend you study this information carefully. The specific recommendations itemized on Pages 24, 25 and 26 should be given special attention to ms. AOM: p*> End cc: W.T. WTr. L.C. Sweat Kelly Travis w/encl " A. 0. MARSH, JR. TOi ' APMWVM BY Laftl____________________ Op*r*ti*f Vic* Frtiiiut MTURN TO PURCHASING DEPARTMENT CONTRACT FOR Page 1 of g Asarco Construction or Repairs Contract Form PD-19 Under $100,000.00 Revised 5/75 #1 Converter Installation (Insert name of job) ASARCO Incorporated's ________ El Paso ______ at El Paso, Texas (Insert town and state) Plant THIS AGREEMENT- made the lst day of February ..1984 by and between Luther, Inc. Contractors/Service^y^pgg address is P. 0. Box 13224, El Paso, Texas 79912 (hereinafter called the "Contractor") and ASARCO Incorporated, a corporation of the State of New Jersey, whose address is 120 Broadway, New York, N.Y. 10005 and P. 0. Box 1111, El Paso, Texas 79999(hereinafter called the) (Insert address of plant or unit) "Owner"). WITNESSETH: The Contractor and Owner agree as follows: Article 1. Scope of the Work The Contractor shall furnish all shop drawings,' field engineering, labor, tools, equipment, transportation, materials and other facilities, except such items as. are hereinafter listed as being furnished or furnished and installed by the Owner, at the ~- **____ i Converter Installation (Insert name of job) El Paso _______________Plant of the Owner at (hereinafter called the "work El Paso, Texas (Insert town & state) in accordance-with the drawings and specifications listed below, all of which are incorporated herein by reference and made a part hereof: (List Specifications and Drawings) Job Description - #1 Converter Shell Installation Dated 11-5-83 James and Luther, Inc., Contractors/Services Proposal Dated 1-6-84 James and Luther, Inc. Contractors/Services 1984 Labor Equipment Rate Sheets Dated 1-27-84 Including Schedule A Schedule B #1 Converter Drawing List Dated 11-5-83 APTROVTO BY Tth L..*l-------............. Opriti*( Vie* Pr**Uit RETURN TO PURCHASING DEPARTMENT CONTRACT FOR Page 1 of 9 Asarco Construction or Repairs Contract Form PD-19 Under $100,000.00 Revised 5/75 _____ #1 Converter Installation (Insert name of job) ASARCO Incorporated's El Paso Plant at El Paso, Texas (Insert town and state) THIS AGREEMENT- made the 1stday of February , 1984> by and between J311165 5 Luther, Inc. Contractors/Servic^^^Qgg address is P. 0. Box 13224, El Paso, Texas 79912 (hereinafter called the -- f. "Contractor") and ASARCO Incorporated, a corporation of the State of New Jersey, whose address is 120 Broadway, New York, N.Y. 10005 and P. 0. Box 1111, El Paso, Texas 79999(hereinafter called the) (Insert address of plant or unit) "Owner"). WITNESSETH: The Contractor and Owner agree as follows: Article 1. Scope of the Work The Contractor shall furnish all shop drawings, field engineering, labor, tools, equipment, transportation, materials and other facilities, except such items as-?e hereinafter listed as being furnished or furnished and installed by the Owner, at the for #1 El Paso Converter Installation(hereinafter called the "work (Insert name of job) ' El Paso, Texas Plant of the Owner at______________ (Insert town & state) in accordance with the drawings and specifications listed below, all of which are incorporated herein by reference and made a part hereof: (List Specifications and Drawings) Job Description - #1 Converter Shell Installation Dated 11-5-83 James and Luther, Inc., Contractors/Services Proposal Dated 1-6-84 James and Luther, Inc. Contractors/Services 1984 Labor Equipment Rate Sheets Dated 1-27-84 Including Schedule A Schedule B i\ Couoearou Lsr Page 2 of 9 Article 2. TMmo rrapletlQn The work shall be commenced February 1. 1984and r.hall be substantially completedFebruary 28, 1984. Article 3. Payment (to be deleted if progress payments are to be made) The Owner shall pay the Contractor for the performance of this Contract, the sum Not To Exceed Eighty-One Thousand, Five Hundreddollars, ($____ 81,500.00 J, lawful money of the United States of America within JThix-tydays aftei satisfactory completion of the work and submission by the Contractor of evidence (including, if requested, complete releases of all liena arising out of or in connection with the work by all persona, firms or corpora tions on whose behalf such liens could be or were filed) satisfactory to the Owner that all charges for labor and material lucrn pora ted in the work and all other indebt edness connected with the work for which Liens could be filed have been paid and that the work is free of all liens and encumbrances. Ayricle 3, Payments (to be delaLed 1 f process payments are not to be made) The Owner shall pay the Contractor for the performance of this cprftract, the sum of dollars, ($_ __), lawful money of the United States, as follows: On or about theN _day of each ealendar^-month, commencing percent (_ 19 the.Owner shall paythe Contractor %) based. the iract prices, of tha labor and materials incorporated in the work and of materials uitably stored at the cite thereof up to the end of the next preceding calendar rfont as estimated by the Owner, lest the aggregate of previous payments; and^>rf>on comp! on of the entire work, e sum suff- icient to increase the total payniy to percent (_ *> of the contract-price. Finajr payment of the remaining Z) of the contract price shall bjy-^ue______________ dayB afte^conpletion of the work. Before each^such payment is uue, the Contractor shall submitsevidence satis factory to-the-Owier (including, if requested, partial waivers, or in'tha case of final paymenpf complete releases, or all liens arising out of or in conn&^tion with the work by'all persons, forms or corporations on whose behalf such liens cb^ld be or were iA^a) that all charges tor Labor and material incorporated in the work and all other/indebtedness (except, in the case of payments other than final payment, incfebteapdss not then due) connected with the work for which liens could bs filed have b jraid and that work is free of all liens and encumbrances. Article 4. Payments Withheld Page 3 of 9 The Owner may withhold all or part of any payment to the extent necessary to protect the Owner from lo6s or damage on account of (a) damaged or defective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor or the Owner (c) failure of the Contractor to make payments properly to Subcontractors or for material or labor, (d) a reasonable doubt that this contract can be completed for the balance then unpaid, or (e) damage to the Owner's property or the work of another contractor. Article 5. Liens If any lien remains unsatisfied after payment of the full contract price has been made, the Contractor shall refund to the Owner all moneys that the lattermay be compelled to pay in discharging such lien, including all costs and a reason able attorney's fee. If the Owner has so requested prior to the signing of this Contract, the Contractor, at the option of the Owner, agrees to furnish or permit the owner to secure bonds in the full amount of the contract written by a surety company designated by, or otherwise satisfactory to, the owner, guaranteeing and conditioned for the full, complete and faithful performance of this contract by the contractor and for the payment of claims for labor performed or materials furnished in connection herewith, all in accordance with the terms of the bonds. The premium for the bonds will be paid by the Owner and must not be included by the Contractor in the contract price. In the event the owner elects to secure such bonds, the contractor agrees to sign the required application, to furnish necessary financial statements and financial guarantees, and to otherwise cooperate with the owner, ..in securing the bonds. Article 6. Title to the Work Title to all work completed or in the course of construction shall be in the owner and title to all machinery, equipment and materials to be in corporated in the work shall be in the Owner as soon as they are delivered on the site of the job. Article 7. Inspection and Repair The Contractor shall provide safe and proper facilities at all times for the inspection of the work by the Owner, and shall as soon as practicable after written notice from the Owner, at the Contractor's expense, replace and repair any materials or portions of the work which the Owner shall deem defec tive and make good all work damaged or destroyed thereby, whether or not there shall be a dispute with respect to any of the foregoing. Any such dispute shall be settled by arbitration. Article 8. Protection bv Contractor The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property and all persons thereon from injury, damage or loss by reason of any act or omission of the Contractor or any Subcontractor. The Contractor shall be responsible, and reimburse the Owner, for any loss or expense to the Owner arising from damage to the work or other property of the Owner caused by the wrongful act or neglect of the Con tractor, any Subcontractor or the employees of the Contractor or any Subcon tractor. kTiere such damage includes damage to the work it shall be repaired at the expense of the Contractor. Page 6 of 9 If such damages shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. In the event the Contractor and the Owner are unable to agree upon the qgiount to be paid or reimbursed the dispute shall be settled by arbitration. Article 16. Correction of Work after Payment Neither payment nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship and the Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom which shall appear within one year from the date of completion of the Contractor's work hereunder. The Owner shall give notice of observed defects with reasonable promptness. Any dispute under this Article shall be subject to arbitration. Article 17. Arbitration. All disputes which are herein stated to be subject to arbitration shall be submitted to and determined by arbitration. Except as- and to the extent otherwise provided by the controlling state, law, no party may have recourse to legal proceedings (other than to enforce this arbitration Article) unless and until an arbitration award has been made. There shall be one arbitrator who shall be chosen by the American Arbitration Association, whose arbitration rules shall be followed. --- K Article 18. Subcontracts The Contractor will not employ any Subcontractor without the prior written approval of the Owner and the Contrator shall require each Subcontractor to execute a contract in writing containing provisions similiar to all provisions of this con tract which are in any way applicable to such Subcontractor and which will obligate such Subcontractor to comply with and perform all such provisions herein. Nothing herein shall create a contractual relationship between any Subcontractor and the Owner. Article 19. Assignment The Contractor shall not assign nor subcontract this contract in whole or in part nor shall the Contractor assign any moneys due or to become due Contractor here under without the prior written consent of the Owner. Article 20. Coordination of Work The Contractor shall conduct the work hereunder so as to cause a minimum of interference with the Owner's operation. Where interference with the Owner's operations become absolutely "necessary, permission shall be requested by the Contractor not les3 than seventy-two (72) hours in advance. Article 21. Undertakings by the Owner The Owner agrees to obtain and pay for any permits, licenses and easements required for permanent structures or changes, and, to the extent practicable without interference with operations, to furnish the Contractor, free of charge, for its use during the construction, electricity, water, steam and compressed air required for construction purposes, at the voltage and pressure currently available at Owner's said plant, to a point adjacent to or within100 feet of the site, but the Contractor will be required to make the necessary connections, provide approved shut-off and safety devices and furnish and install all temporary lines required to bring them to the point of use. Article 22. Applicable Law page 7 of 9 This contract shall be construed and enforced in accordance with the laws of the state where the work hereunder is to be performed. Article 23. Entirety Clause This contract constitutes the entire agreement between the parties, and except as may be specifically set forth herein no changes can be made herein except by an agreement in writing duly executed by the parties or their duly authorized agents. Article 24. Technical Information The Term "technical information" as used in this agreement includes but is not limited to technical data, reports, models, drawings, specifications, operating manuals, designs, computations, formulas, apparatus, processes, pat entable or unpatentable inventions and other engineering data. You agree to accept Asarco's decisions as to whether any particular information is technical information or is technical information which has been made or conceived under this agreement. It is understood that in the course of your performance hereunder you may learn or have access to technical information of Asarco. You agree that you and - b your personnel will keep in confidence all such technical information of Asarco and that you and your personnel will not use or disclose the same without Asarco's written consent, either during the term of this agreement or at any time thereafter. You agree to disclose to Asarco all technical information made or conceived by you or your personnel in performance, or resulting from performance, under this agreement. You agree that all such technical information made or conceived by you or your personnel shall become and remain the free and unrestricted property of Asarco and that you shall assign or cause the same to be assigned to Asarco. You agree that you and your personnel will keep in confidence all such technical information made or conceived by you or your personnel and that you and your personnel will not use or disclose the same without Asarco's written consent, either during the term of this agreement or at any time thereafter. You agree, upon the request and at the expense of Asarco, to make or cause your personnel to make applications for Letters Patent in such countries as Asarco may designate on those of the aforesaid assigned inventions which Asarco believes to be patentable; and to assign all such applications to Asarco or its order; and to give "Asarco, its' attorneys and solicitors all reasonable assistance in preparing such applications, and in prosecuting such applications in the patent office or offices irmolved and in defending and enforcing any patent that may be issued upon any such applications; and to execute all papers that may be reasonably required in the prosecution of such applications or to vest in Asarco or its assigns said inventions,'"applications and Letters Patent. Article 25. Additional Provisions (add such additional provisions, if any, as the particular job requires). Reimbursement shall be based on the 1984 Labor and Equipment Rate Sheets, Schedule A 8 Schedule B. To: PURCHASING DEP'T. NEW YORK OFFICE EQUIPMENT - OoUl EQUIPMENT BID TABULATION Fore I PD 8-B Revised 9 jq DATE ___ APPRO. I REQN. I 1TW JeT) PREPARATION - SEE INSTRUCTION SHEET & PURCHASE MANUAL SECTIONS B-2 & C-2. Name of Bidder ^QulJQl) Xiu Manufacturer Model Number Spec. Evaluation Bidder t z 0 Bidder 1 H> Zl Bidder t > 0z Bidder 1 H Zn zQr-jfMLef "IftoOlffi ) ?TDL .r i i Ton*u i 4m r 1 I Sl5oo 22S=too ^ 1 Kuo ^KKoo ------ -_ VK - Wt= dAcrotu^ (levjtuA^ !--------- ^ U.& 1 1 i1 - 4 TtfO V\oj<o )f / LUiU f)o. 5___________________ lootawx. toffU : -it oner -r- GtuiM/kurvrtf 6 TiM ~ DEP'T. BY Page of _______________ Pg' 11-5-83 #1 CONVERTER INSTALLATION DRAWING LIST 3301 - Cradle 5 Stand Details E15204 - Shell Details E-24992-2 - Tuyere Plate Castings EP-17971-1 - #1 Converter Foundation Plan EP-17829 - Converter Flue System - Plan EP-17854-1 - Ditto - Elevation EP-17832-1 - Ditto - Structural EP-17768 - Converter Hood Arrangement E 25200 - #1 Converter General Arrangement 3320-A - Original Converter Installation .* ASARCO, Inc. El Paso Smelter El Paso, Texas Attn: Mr. Carl Glaser QUOTATION SOUTHWESTERN INDUSTRIAL CONTRACTORS AND RIGGERS, INC. 7155 Industrial Ava. P. O. Box 1611 El Paso, Texas 79948 (9151 779-3931 Contractors' Licsnta Nos. Ariiona--31280, 38194, 38195 New Mexico-2358 Nevada--11306,11306A Utah--B1-22788 r>ATF December 21, 1983 project: No. 1 Converter. Shell Replacement location El Paso Smelter Gentlemen: We propose to furnish supervision, labor, tools and equipment as required__ ~ to perform the following items of work: .' --- iK 1. Assemble new converter shell at the north end of converter building. 2. Remove structural steel, bustle pipe and platforms as required to remove existing converter. 3. Remove existing converter and install new shell. 4. Modify and reinstall platforms and bustle pipe as required to complete installation. All work to be performed for the sum of Two Hundred and Twenty-Five Thousand, Nine Hundred Dollars ($225,900.00). Conditions of Quotation: 1. ASARCO overhead cranes to be used to load out old converter and to transport and set. new shell. 2. All refractory work to be performed by others after new shell is in place. 3. Area south of No. 1 converter to be kept clear for use by this contractor. 4. ASARCO to furnish all permanent materials and impact wrench for bolt installation. 5. We exclude removal of refractory in existing converter shell. As an alternate, we shall remove the refractory for the additional sum of $49,800.00. NORMAL CONDITION OF ACCEPTANCE, SALE AND PAYMENT ARE STATED ON REVERSE SIDE OF THIS QUOTATION. QUOTATION CONT'D PAGE__ 2___ OF__ Z DATE December 21, 1983 No. 1 Converter Shell PROJECTReplacement LOCATION El Paso Smelter Conditions of Quotation: (con't.) '-f |6. Schedule: Partial assembly of new shell - start January, 1984. Install converter March or April 1984. Respectfully submitted, SOUTHWESTERN INDUSTRIAL CONTRACTORS AND RIGGERS. INC. President FORM INSURANCE-1 Ren ed s ASARCO.Incorporated imsurahcc-certificate ASAHCO,Incorporated REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO James $ Luther, Inc., Contractional Services__________________________ THESE POLICIES ARE^NOW IN FORCE. COVERING WORK BY THE ASSURED FOR ASARCO. Incorpon ted ON CONTRACT #1 Converter Installation_________________________________________ AT _____________ El Paso. Texas. IF THESE POLICIES ARl CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS' PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO ASARCO,Incorporeted. ,tth D. A. DeSantis------------------------------- plant manager. KIND OF INSURANCE NUMBER DESCRIPTION OF POLICY EXPIRES LIMITS OF LIABILITY REOU IRED MINI MUM CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)* BODILY- INJURY PROPERTY.DAMAGE CONTRACTOR'S PROTECTIVE LIABILITY T7T BODILY-INJURY PROPERTY.DAMAGE AUTOMOBILE 800ILYINJURY ----------------- 1----------- I 1 PROPERTY.OAMAGE WORKMEN'S COMPENSATION AND employer's liability date INSURANCE COMPANY C ITY STATE AUTHbR'lZED REPRESENTATIVE *Tlie Coatraetar aKall atea haralaat and iadaan.lv tKa Owiar froa end atataat aay axpaaaa, late ardaaa|a aa tccouat of day eleia deaend or euit aide by inv pareon wfcoaeeerer. ineludiAf eny'eapJoyee of the Owner, wbieh it it ety wey ceueod by or connected with, or |ro*e out of the elocution end petforaenee e# thie eoetrect by tKe Contractor or tty Subcontrector, pro* tided, however, that the Contractor ehell tot be required i mdeani/y tbt Owner efeinet ety lean etueed eolely by tefli* (tact or willful feuit ef the Owner er itt etployeee. The Coatrector ecceptt til ritk of injury or detect tad til rtepot* tibility for eay diiti for deneft* whtteeertr reeultmf (ram the uee, aieuee, or failure of tty hoitt, ri|fit|. bleehitf, teeffoldiaf. or ether like er unlike e*uipeat ueod ky the Coatrector er eay Jubaontrattar, toon tkaufk etck e^iipsett be furaiehed er leened to the Contreeter or ety each Subeoetrector by the Ow!*t*" **d ehell iadennify the Owaer against ell such clans. James & Luther Inc. Contractors/Services P.0. Box 13224 El Paso, TX 79912 (915) 598-1081 January 6, 1984 ASARCO P.O. Box 1111 El Paso, TX 79999 Re: No. 1 Converter Shell Installation Attn: Mr. Carl Glaser Gentlemen: We propose to provide all labor and equipment required to complete the above mentioned job in accordance with your plans and written instructions dated November 5, 1984, all for the sum of $81,500.00. If we are to remove the refractory brick, add the sum of $7,683.00. We have estimated 320 manhours to remove the refractory assuming ASARCO will scar the interior of the converter to remove all possible copper from the walls. If you desire, we would use the above price as a maximum and remove same on a time and material basis. As per ASARCO's suggestion, it is agreed that we can have use of your overhead crane for a period of four (4) continuous hours if required. This would be in conjunction with some pre-planning with your people. Also it was determined, that we would have no downtime due to your operations in the converter aisle. After removal of the existing shell, it will be placed at the north end of the building (as far as the overhead crane can carry same) and ASARCO will then pull it out of the building and dispose of same. Mr. Carl Glaser ASARCO P.O. Box 1111 El Pas<fc, TX 79999 Re; No. 1 Converter Shell Installation January 6, 1984 Page -2- All materials, with the exception of concrete and forms, are provided by ASARCO. The above figures are based on our cutting, pounding, etc., the existing converter during removal with a possibility of no salvage value thereafter. Hoping the above meets with your approval, we remain; Sincerely, JAMES & LUTHER, INC GDJ/sb c; File