Document M4odoBBwMj87QpxLR97aX0wb7

PLAINTIFF'S EXHIBIT ASA-1063 ALL temp INSULATION 00. *}k4uIo.Uok @Mt*actait4 & 6731-A ALAMEDA AVE. EL PASO, TEXAS 79905 PH. 778-6948 r'A'tD March 9, 1978 ASARCO Box 1111 El Paso, TX 79999 Re: Insulation of New Flue Section At Copper Stack Contract Job 100% complete Less previous pmt. AMOUNT DUE INVOICE $11100.00 $11100.00 5494.00 $ 5606.00 .-O' - V .. .* a ** _ t ** * EL PASO SMELTING WORKS ENGINEERING DEPT. ^ /Tccf MARI 6 T978 13 J El Paso Plant - Separate Requisition for Each Item Cost A/c No. ///'ju'i-A'ffCiAJ Of~ FLOG Description of W,,,V S^T7CfJ AT COlpGtl. STACK. pP/n-i ,r, ^>/^//-// Quantity Six* or Part Material fi AlltTeMi * Z\}yoiAvuJ Txf lo /i -7------ :------- :--------- OF 3~?-78/ Ca'i__ Code No. 4 MMtlAC CO--A ASO ASARCO ELP 0006456 All tMP insulation qo. ^K&utat(9K @Ht*acConA- & `THa&n.falir - @aid & "rpecit 6731-A ALAMEDA AVE. EL PASO, TEXAS 79905 PH. 778-6948 - , \ 1 V- \ 3 .. r v \ v V< V -; ` \ v * . .kKOX^ ^ -id H**3* 0 i-.o.J-iOO iio:-: 1 11 1 jl P.V.KO, 7 ;*_ :j_ ,l. 7.::o..o I . r V Jlue Jir.&ck i. v,;i j/j *_/ yj il JT CK C C> Job 557 cor.pl'S'co L s o lO.b 11 00.00 6105.00 ol 1 .0v- $5,494.00 11 EL PASO SMELTING WORKS ENGINEERING DEPT. *c* }lc G ,n78 EElPE?^ - /o 57/- /O El P UaJsVo PI IlUaMnIt -" Separattce r\Rs equisition for Each Item - Cost A/C No.________________ fpAJsTftUCTJQk) neq c?d t_f_t_f_-_c_c__s_Z- ------ --------------- __________ _ Serial No. jfcSulATivJ cp A/pui Flua SecnoJ EPm-icsibKi Descriippttiioonn of Work /|r/ (2pft ^7/^- SIjAlCJsL._______________ _______ _ Quantity Size or Part All-Teh? Material Cost k/of- (MS OLATfOfJ Tji/o ft of- / hc^AeiJ/WHaVr . AZ7-W - .. Code No. Dale "2- -- (d Signori ASARCO ELP 0006457 jiCfO 1 HMUaeaeiNEORMATKIfeONtlC D'BCTEHITC^ArrEJfrrHarCOVER<CJBUFTa AME AND ADDRESS OF AGENCY Professional Insurance Consultants Agency COMPANIES AFFORDING COVERAGES EP&0 f K H -O0S"Z- 816 .V.ontana Avenue J El Paso, Texas, 79902 COMPANY f\ len-EK n national Standard Insurance Company in! NAME ANO ADDRESS OF INSURED .* A' All Temp Insulation Carlos Escobar and Aruturo Escobar dba % 6371 A Alameda Avenue El Paso, Texas, 79905 Bcompany LETTER COMPANY UTTER CUOTMTEPRANY \J COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. COMPANY letter . \ A. TYPE Dr INSURANCE GENERAL LIA3JLITY Qvj CCM'P-.*`Ef.SV H? -0=Lr` j ! i POLICY NUM3ER GL-17307941 POLICY EXPIRATION DATE 09-21-78 Limits of Liability in Thousands (OOP) ACM C:C^RRENCE BOD LY INJURY *300,000 *300,000 FP.*!-:RTYDAV.*GF s 25,000 UNiEF.-OUV' --ABU Hi^k op-:-- |L9JdDn',-- -da. ,.v. svr.. Tv i 1 yj sr>, ^ i j--I - - AUTO.VOa.Lc L ASiLiT-- Sr ;*Tr, \Ei \ , 2L- 17307^-1 ",--Du-21~79- r- LY iS/L'P-' * NO f:nw:.4."C[ C'-.'^NED I | I C. t -w-1 "EXCESS* LUT:lifV ':<j ^ 3 3 3 ` C0'.Loc.V3A'! :C-, i i 3rd : J n.VrLO'i c..5' !_iAo!LiTY* I OTHEr! ~ CS-37153268 ; 12-07-73 : I ^io::; II- -- , !/. or .-a-'O ,,c-c;-nn ,vc ^oonsrscac.-: Oi ACC 9' J - * / / yz-V/7' A 2rscei`ai:-;r.- Sou-cany r : r- aSr..-.. de-i.-noe-j policies t* cer-cciled ;>ef-.>r >' -> .-ihon date thereof ' [ i -10___da>Y .'.r "'.`ice i :>.rFif;ra;e ssunj; com ,, ta.iure !o - j . d. . ._>./ f. 0. Enx 1111 02 Paso, 2'exas, 7<`C!.r C'SrC"..., ! .3 rehard A. 'ilattXd ASARCO ELP 00064-5 8 \ rs I PURCHASING DEPARTMENT January 6, 1978 ORDER 18H-00S2. RBON. EP-60 -INSULATION OF NEW -PLOT!-SECTION AT COPPER STACK______________________ Herewith four (4)_ copies of contract properly signed and executed with All Tamo Insulation to cover the _____________________________________ - ___ Copppy Tmmlafclon 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 fhr*o (7) copies are for the plant file. You will note New York Purchasing Department Order 18H-Q052 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 exten sion to protect the company until the work is completed. FOWreth Enc. F. 0. WITTWBR fcc: r, o. covlngtoni NOTE: I note workmencompensation coverage is indicated as expiring on December 7, 1977. As this type coverage is mandatory, I trust you have, or will obtain, endorsement beyond date stipulated for our review. FOW ASARCO ELP 0006459 P-*i*ed 8/72 TO: .APPROVED; BY 0prti| RETURN TO PURCHASING DEPARTMENT CONTRACT FOR SECTION AT COPPER STACK (Insert name of job) Page 1 of 8 Construction or Repairs Contract. Form PD-19 Under $100,000.00 eMu,Ef- to 91 H - ctv.-'_ EL PASO Plant at EL PASO, TEXAS (Insert town and state) THIS AGREEMENT- made the 2 1 st day of November, 19 77, by and between ALL TEMP INSULATION . ^ whose address is 6731 -A Alameda Ave, , El Paso, Texas 79905(hereinafter called the ASARCO Incorporated "Contractor") and-JU^IGAN--SMELXINGLfo.REPININC-COMPAiK-^-a corporation of the. State of New Jersey, whose address is 120 Broadway, New York 5, N.Y, and . P. O. Box I III, El Paso, Texas' 79999 (Insert address of plant or unit) . (hereinafter called-tl "Owner") . WITNESSETH: The Contractor and Owner agree as follows: Article L Scope of the Work . The Contractor shall furnish all shop drawings, field engineering, labor, tools, equipment, transportation, materials and other facilities, except such items as are hereinafter listed as being furnished or furnished and installed by Insulation of New Flue Section the Owner, for at Copper Stack(hereinafter called the "work") at the (Insert name of job) f:1 Pa cnPlant of the Owner at_________________ El Paso, Texas (Insert town & state) in accordance with the drawings and specifications listed below, all of which are incorporated herein by reference and made a part hereof: (List Specifications and Drawings) All insulation shall be 3-inch thick mesh blanket. Drawing SK-623-9 Converter Gas Bypass Flue Drawing EP-23740-907-M Converter Cottrell Flue to Intermediate Fan Asserri All Temp Insulation Proposal dated November 10, 1977 ASARCO ELP 0006460 <* Article 2.. Time of Completion Page 2 of 8 The work shall he commenced December 12, 1977 and shall be substantially completed ' January 13, 1978 Article 3. Payment (to be deleted if progress payments are to be made) TKfevQjmer shall pay the Contractor for the performance of this Contract, the sum of iollars. ($ . ) playful money of the United j^feafiea of America within days 'after^fiatis factprj^completion of the work and submission by the Contractor of evidence (including, if^equested, complete releases of all. liens arising out of or in connection with the wo^k by all persons, firms or `corpora tions on whose behalf such^liens could be or were fTied) satisfactory to the Owner that all charges for labdr and material incorporated in't-he^work and all other indebt edness connected wi-tb the work for which liens could be filerk.ave been paid and that the work is fpedof all liens and encumbrances. Article 3. Payments (to be deleted if progress payments are not to be. made) The Owner shall pay the Contractor for the performance of this contract, the sum of Eleven Thousand One Hundred and no/100 dollars, ($_ 11. 100. 00 _), lawful money of the United States, as follows: On or about the_ first ___day of each calendar month, commencing January 1 , 19 77 .. the Owner shall pay the Contractor Ninety_____ _ percent (_ 90 %) based on the contract prices, of the labor and materials incorporated in the work and of materials suitably stored at the site thereof up to the end o.f the next preceding calendar month, as estimated by the Owner, less the aggregate of previous payments; and upon completion of the entire work, a sum suff icient to increase the total payments to______ Ninetypercent (9Q %) .of the contract price. Final payment of the remaining (1%) of the contract price shall be due______________ ________________ days after completion of the work. Before each such payment is due, the Contractor shall submit evidence satis factory to the Owner (including, if requested, partial waivers, or in the case of final payment, complete releases, of all liens arising out of or in connection with the work by all persons, forms or corporations on whose behalf such liens could be or were filed) that all charges for labor and material incorporated in the work and all other indebtedness (except, in the case of payments other than final payment, indebt edness not then due) connected with the work for which liens could be filed have been paid and that work is free of all liens and encumbrances. ASARCO ELP 0006461 Page 3 of 8 Article- 4. Payments Withheld The Owner may withhold all or part of any payment to .the extent necessary to. protect the Owner from loss or damage on account of (a) damaged or defective work no) remedied, (b) claims filed or reasonable evidence indicating probable filing of clair by other parties against the Contractor or the Owner (c) failure of the Contractor t< 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 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 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 by 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 1;:: 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. Where such damage includes damage to the work it shall be repaired at the expense of the Contractor. ASARCO ELP 0006462 Page 4 of 8 The Contractor shall use its best judgement and skill in dealing with labor matters, and take all 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 probiem 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 as 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" attached and shall provide insurance coverage in amounts not less than those 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 Subcontracts 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 the scope of the 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 obligations hereunder. ASARCO ELP 0006463 Page 5 of 8 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 coaq>ly 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 order 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 should be 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. ASARCO ELP 0006464- Page 6 of 8 If such damages shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. In the event the Cohtractor 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 he 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. 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 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 within400feet 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. ASARCO ELP 0006465 ''age 7 of 8 Article 22. Applicable Law 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 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 patenable; 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). ASARCO ELP 0006466 Page 8 of 8 IN WITNESS WHEREOF- the parties have executed this contract the day and year first above written. ALL TEMP INSULATION Contractor Owner Cfc^- By ASARCO ELP 00064-67 ., FORM ft INSURANCE*! A FRICAN SMELTING AND REFINING CO/ NY ''' 9/73 _____________________________ INSURANCE-CERTIFICATE AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE OESCRlBEO BELOW HAVE BEEN ISSUED TO____________ ALL TEMP INSULATION . ________________ :' THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING company ON contract For Insulation of New on at r.n-<pa~. stjiflc_______________________ AT__ El Paso Snal-Hng Wnrlrw, PI Parr Tor?o-------------------- --- -----------------------------!,, IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL. AFFECT THIS CERTIFICATE. TEN DAYS* PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY. ATTN. Rt. Kelly... ............. .. PLANT MANAGER. . iv inu or irouttanut NUMBER DESCRIPTION OF POLICY EXPIRES LIMITS OF LIABILITY REQUIRED MINIMUM CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)* BODILY-INJURY PROPERTY-DAMAGE GL17807041 CONTRACTOR'S PROTECTIVE LIABILITY 09,91-78 EACH OCCURRENCE 1300.000. EACH OCCURRENCE $ 25.000. 5300.000 $ 25.000 BODILY-INJURY property-damage GL- 17807941 09-21-78 EACH OCCURRENCE 5300,000. EACH OCCURRENCE S 25.COO. $300,000 $ 25.000 AUTOMOB 1LE BODILY-INJURY PROPERTY.DAMAGE WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY GL17807941 CS971^99*8 no-?] -'*9 19-07-77 EACH PERSON t100,000. EACH OCCURRENCE *500,000. EACH OCCURRENCE S100,000. EACH OCCURRENCE $100,000 $300,000 $ 25.000 COMPLY WITH APPLICABLE STATE LAW $ 25.000 oooa ooSk r~i <s DATE 11-22-77 National standard Tn^in-anco rViwp-^y . INSURANCE COMPANY E.l Paso,Texas. 7992-1 CITY STATE t^B^iomyT^ar^amjLTjms agejey U _________________ . AUTHORIZED REPRESENTATIVE Richard A. Mattinson The Contractor ahall save harmless and indemnify the Owner from and against any axp'onae, loaa or damage on account of any claim, demand or auit made by any peraon whomsoever, including any employee of the Owner, vbich ia in any vay caused by or connected rith, or grows out of the execution and performance of thia contract by the Contractor or any Subcontractor; pro* Tided, however, that the Contractor ahall not be required to indemnify the Owner against any loaa cauaed solely by negligence or willful fault of th# Owner or its erployeo*. The Contractor accepts all risk of injury or damage and all respon* aibility for any claims for damages whatsoever resulting from the use, misuse, or feilura of any hoiat, rigging, blocking, scaffolding, or other like 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 ahall indemnify the Owner ageinat all auch claims. ASARCO ELP 0006468 I ALL TEMP INSULATION INSULATION CONTRACTORS . COLD & HEAT INSULATION MATERIALS COLD & HEAT 6731-A ALAMEDA AVE. EL PASO, TEXAS 79905 PH. 778-6948 542-1844 November 10, 1977 ASARCO Box 1111 El Paso, Texas 79999 Re: By-Pass Flue Copper Stack Gentlemen: We propose to insulate the above referenced project as per specifications for the total sum of $11, 100. 00. This quotation includes the repair work that we discussed. Yours very truly ALL TEMP INSULATION Carlos R. Escobar ms 3 M c s 1} $ n ^ `- t ASARCO ELP 00064-69 PUNT JOB/APPROPRIATION NO. NY-3954/EP-623 PURCHASE ORDER ASARCO Incorporated PURCHASING DEPARTMENT 120 BROADWAY, NEW YORK, N.Y. 10005 DATE 1/4/78 ORDER NO. "DUMMy" 18H-0052 REQUISITION NO. EP-60 TOALL *TEMP INSULATION (Original not to be mailed out. For record purposes only.) DATE REQWREOAT DESTINATION AS ARRANGED SHIPPING INTERVAL PROMISED SELLER WILL SHIP BEFORE POINT OF SHIPMENT AS ARRANGED TERMS F.O.B. POINT AS ARRANGED -- FINAL OESTINATION-PLEASE NOTE CONSIGNMENT BELOW ' EL PASO, TEXAS (30210) CONSIGNMENT-SE* LERW1LLSHIPTO ASARCO Incorporated EL PASO PLANT EL PASO, TEXAS SHIP VIA Render bills as per attached shipping instructions' QUANTITY UNIT ITEM NO. UNIT PRICE THIS PURCHASE ORDER ENTERED INTO WITH ALAMEDA AVENUE, EL, NOVEMBER 21, 1977 SECTION AT COPPER SPECIFICATIONS AND* ol TO RECORD AGREEMENT LATION OF 6731-A 79905 DATED LATION OF NEW FLUE ORDANCE WITH THE REEBRRED TO THEREIN. i;ii,ioo.oo ETH IT --' IMPORTANT-Thlt enter It not binding on purchattr unlttt lb* alltched tcfcnowladgiTMnt card It alerted by art tuthorind agent ol teller and retmned promptly to purchtter. FOR FURCHASING DEPARTMENT USE ONLY tvo $11 f 100 0Qjrger. . cc 601 PC 2 Q_6_____ distribution-. 3--Plant ASARCO ELP 0006470 fteviaed 8/72 TO* t.f.i .APPROVED: BT Page 1 of 8 Construction or Repairs Contract Form PD-19 Under $100,000.00 Optrttiii CONTRACT FOR RETURN TO PURCHASING DEPARTMENT ---------------------------- ------------------------TKQ S&E.TIOO *r ooPPErft(Insert name of job) AMERICAN SMELTING AND REFINING COMPANY'S_ E.l at_____ ^- L iPa-sC. y 1~~ErX/^S (Insert town and state) Plant THIS AGREEMENT- made the_ 11 Sr day of, (\]0t/Ert^l9 77 by and between^ All-"Tim P XVjsu t-A-rtoU , whose address is Co~73 1 - A Al/V Ki?A A s/fEy^1- PA6y 1hS5^afte?tined the "Contractor") and AMERICAN SMELTING AND REFINING COMPANY, a corporation of the State of New Jersey, whose address is 120 Broadway, New York 5, N.Y.. and f?b, on uPa-s<>,T&xas (Insert ad<frress of planf or unit) (hereinafter called th "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 listeOdp aNsJ6b-eWing furnisSheecdT7o0rAfJurnished and installed by the Owner, for flTCofPSTAc tc. _____(hereinafter called the "work") (Insert name of job) ~ ___ at the CL rc60 Plant of the Owner at Et- (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) All irsq.i<LVtfv-- sKfisll (&_ 3iNx-k.TKicW.KAcsk CdfJv/A~re_- 6as bypass Ef ' 23740-3o 7-M OMVEfij-fcfc- CdrrK.E.1-l FLue T* INTERMEDIATE fAtJ AS3Et\6Pf All T&MP luSdt.ATl/Ul PpkD*ca. f)*-rc.rk A\----- -- _ /\ 1/v ASARCO ELP 0006471 rage e, ox Article 2 Time of Completion The work shall be commenced 1)e.c.tAiUr /9*7*7 and shall be substantially completed * la) Article 3. Payment (to be deleted if progress payments are to be made) TRb^wner shall pay the Contractor for the performance of^tfils Contract, the sum of dollars. ($)/""iajjful money of theUrrfted States of America within _days after ^factory completion of the work and submission by the Contractor of evidenetf^Cincluding, if reTqu^sted, complete releases of all liens arising out ofpse^in connection with the work^bj^a 11 persons, firms or corpora tions on whose b^heTf such liens could be or were filed)^a^isfactory to the Owner that all chapgs for labor and material incorporated in the work^and all other indebt edness connected with the work for which liens could be filed have&eett^paid and that the^wtfrk is free of all liens and encumbrances. Article 3. Payments (to be deleted if progress payments are not to be made) The Owner shall pay the Contractor for the performance of this contract, the sum of lyeOf\JL /*if'tk fto/\OQ oo.oo J)dollars, ($_ n; i t lawful money of the United States, as follows: On or about the_ Fi'rsf' _day of each calendar month, commencing I percent (_ , 19*7*7 the Owner shall pay the Contractor l\) l MKm C) rt V %) based on the contract prices, of the labor and materials incorporated in the work and of materials suitably stored at the site thereof up to the end of the next preceding calendar month, as estimated by the Owner, less the aggregate of previous payments; and upon completion of the entire work, a sum suff icient to increase the total payments to ____________ percent ( ^0 %) I 0.of the contract price. Final payment of the remaining ( %) of the contract price shall be due ^__________ days after completion of the work. Before each such payment is due, the Contractor shall submit evidence satis factory to the Owner (including, if requested, partial waivers, or in the case of final payment, complete releases, of all liens arising out of or in connection with the work by all persons, forms or corporations on whose behalf such liens could be or were filed) that all charges for labor and material incorporated in the work and all other indebtedness (except, in the case of payments other than final payment, indebt edness not then due) connected with the work for which liens could be filed have been paid and that work is free of all liens and encumbrances. ASARCO ELP 0006472 Page 6 of 8 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 haye recourse to legal proceedings (other than to enforce this arbitration Article) unless ar-1 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. Article IS. 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 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 within 4--0c3feet 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. ASARCO ELP 0006473 Page 8 of 6 IN WITNESS WHEREOF- the parties have executed' this contract the day and year first above written. Aul Tsrip Tilsit i-atv oyj Contractor By Title AMERICAN SMELTING & REFINING COMPANY Owner By ASARCO ELP 0006474 4- A..-;RICAN SMELTING AND REFINING COX FORM ft INSURANCE* 1 B.rit.d 9/73 .NY INSURANCE.CERTIFICATE AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO____________ _ ALL TEMP INSULATION____ !____________________________________ ______________________ _____ THESE POLICIES ARE NOW IN FORCE, COVERING WORK BY THE ASSUREO FOR AMERICAN SMELTING AND REFINING company on contract For InaulatlQn of Naw : AT____El Pn Sml-Hng Wni-Vg,---- El P*r ________________ . IF THESE POLICIES ARE CANCELLED OR CHANGEO IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS * PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY. ATTN----- R, Kally______________________ --------------- .. PLANT MANAGER. . KINO OF INSURANCE NUMBER DESCRIPTION OF POLICY EXPIRES LIMITS OF LIABILITY MINIMUM CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)* BODILY-INJURY PROPERTY-DAMAGE CONTRACTOR'S PROTECTIVE LIABILITY GL17307047 . EACH OCCURRENCE S 300,0C0. A9-21-78_____ EACH OCCURRENCE $ 25.000. $300,000 $ 25.000 BODILY.INJURY PROPERTY.DAMAGE GL- 17807941 09-21-73 EACH OCCURRENCE S300,000. EACH OCCURRENCE S ^ _ 25.000. $300,000 S 25.000 AUTOMOB 1LE BODILY-INJURY PROPERTY-DAMAGE GL17807041 workmen's compensation AND employer's LIABILITY cs- 37153288 00--07 -Oft i0-07-77 EACH PERSON i 100,000. EACH OCCURRENCE *500,000. EACH OCCURRENCE S1()0>000< EACH OCCURRENCE $100,000. $100,000 $300,000 $ 25.000 COMPLY WITH APPLICABLE STATE LAW $ 25.000 date !1.22-77 National Standard THfiiirnncfiJEoapany______ insurance company El Paso,Texas. 7992-1 city state FMFESgICHAL/I^U^.y^ECpilsyLTAm-S AGELCY authorized representative Richard A. Mattinson The Contractor ahali save harmless and indemnify the Omer from and against any expense, loaa or dsasgo on account of any claim, demand or auit made by any poraon whomsoever, including any employes of tKe Owner, which ia 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; pro* Tided, however, that the Contractor ahtll not be required to indemnify the Owner againat any loaa cauaod solely by negli* gence or willful fault of the Owner or its employeoa. The Contractor eccepta all risk of injury or damage and ell reapon* aibility for any claima for damages whataoevor reaulting from the uae, miauae, or failure of eny hoiat, rigging, blocking, scaffolding, or other liks or unlika equipment used by the Contractor or any Subcontractor, even though aucb equipment be furnished or loaned to the Contractor or any such Subcontractor by the Owner, and shell indemnify the Owner against all I. rk ASARCO ELP 0006475 ' k...cRICAN SMELTING AND REFINING CO). .NY FORM tt INSURANCE. 1 Bri.,J9/73 _________________________________________ INSURANCE-CERTIFICATE AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE OESCRIBEO BELOW HAVE BEEN ISSUED TO__________________ ALL TEMP INSULATION_________________________________________________________________________ _ THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING COMPANY ON CONTRACT For Inaulation of H-- My * r,,n-- -------------! at --El Paio flatiting ftorkg,--ft Pft, Tmaa------------------------------------------------- IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS' PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY. ATTN.. Mr, R. Kelly -------------------------------- PUNT MANAGER. a inu or in^UKAritt NUMBER DESCRIPTION OF POLICY EXPIRES LIMITS OF LIABILITY MINIMUM CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)* BODILY-INJURY PROPERTY.DAMAGE GL17807041 contractor's PROTECTIVE LI ABILITY 00-21-79_ EACH OCCURRENCE S 3QQ qqq EACH OCCURRENCE $ 25-000. $300,000 $ 25.000 BODILY-INJURY PROPERTY.DAMAGE GI* 17307941 AUTOMOB 1LE BODILY-INJURY PROPERTY.OAMAGE SL- 17807541 workmen's compensation ANO employer's liability 37153268 09-21-78 00-21-7A 12-07-77 EACH OCCURRENCE *300,000. EACH OCCURRENCE $ ,, 25.000. EACH PERSON $100,000. EACH OCCURRENCE *500,000. EACH OCCURRENCE *jqq qqq .EACH OCCURRENCE *100,000. $300,000 $ 25.000 $100,000 $300,000 $ 25.000 COMPLY WITH APPLICABLE STATE LAW $ 25.000 DATE 11-22-77 National Standard Insurance Catmaanv_____ INSURANCE COMPANY' 1 Paeo, CITY Texas, 79924 STATE FBCFESSI ONAL INSURANCE CONSULTANTS AGENCY Richard . A. ..^IIORIZEO REPRESENTATIVE Matilnson #Tha Contractor ahall atr# hernias# and indemnify the Owner fro* and agai&at any expense, loat or damage on account of any claim, demand or suit made by any peraon whomsoever, including any employee of the Owner, which ia in any way cauaad by or conneetad with, or growa out of the execution and performance of thia contract by the Contractor or any Subcontractor; pro* Tided, howerar, that the Contractor ahall not bo required to indemnify the Owner againat any lots cauaad solely by negli* gance or willful fault of the Owner or its employees. The Contractor accepts all risk of injury or damage and all reapon* aibility for any claiaa for daoagea whatsoever resulting from the uae, misuse, or failure of any hoist, rigging, blocking, scaffolding, or other like or unlike equipment ueed by the Contractor or any Subcontractor, eren though such equipment be furnished or loaned to the Contractor or any such Subcontractor by tha Owner, and ahall indemnify tha Owner againat all auch claims. ASARCO ELP 0006476 ' * k -;R!CAN SMELTING AND REFINING COK NY ttFORM INSURANCE-1 H.W..4 9/73___________________ _________________________________________ INSURANCESTIFICATE AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUEn TO iU TTUP TttSUUTTfti - ________________ _ THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING COMPANY ON CONTRACT ffttlMI it '~Tn*r fitSSk at --*1 Paso Smelting frorfca,--ffl Peat, Tree* ---------- ~1 "rj~------------H----------------------------- IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE, TEN DAYS* PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY. ATTN---- m* B.R. Kelly----------------------------- PLANT MANAGER. KINO OF INSURANCE NUMBER DESCRIPTION OF POLICY EXPIRES LIMITS OF LIABILITY REQUIRED MINI MUM contractor's public LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)* BOOILY-INJURY PROPERTY-DAMAGE GrrLx-rrcu) CONTRACTOR'S PROTECTIVE LIABILITY no.9i_*F EACH OCCURRENCE S jqq qqq EACH OCCURRENCE $ 25.000. $300,000 $ 25.000 BODILY-INJURY property-damage GL- 17807941 09-21-78 EACH OCCURRENCE $ 300,000. EACH OCCURRENCE S ^25*000. $300,000 $ 25.000 AUTOMOB 1LE BODILY-INJURY PROPERTY.OAMAGE GL- 17907941 workmen's compensation AND employer's liability CS- 37153268 12-07-77 EACH PERSON $ 100,000. EACH OCCURRENCE $500,000. EACH OCCURRENCE $ jqq qqq EACH OCCURRENCE $100,000. $100,000 $300,000 $ 25.000 COMPLY W ITH APPLICABLE STATE LAW $ 25.000 date 11-22-77 national Standard insurant* tvif^y INSURANCE COMPANY 1 F--oTna, 79924 C,TY STATE PRCFESj;:OKAi. INU.A>Ct CONSULTAfcTi KSLUX ' _________________ IlNXfSfflRlChttd A. ^PRESENTAT.VE The Contractor shall save harmless and indemnify tha Owner from and againet any expanse, lose or damage on account of any claim, deaand or auit aade by any person whomsoever, including any eaployae of the Owner, which is in any way caused by or connected with, or grows out of tha execution and perforaance of this contract by the Contractor or any Subcontractor; pro* idad, however, that tha Contractor shall not be required to indemnify the Owner egaiaet any lost ctusad solely by aegli* gence or willful fault of the Owner or its employees* The Contractor accept* ell riek of injury or damage and ell reapon* aibility for any claiaa for daaagss whatsoever raaulting from tha use, misuse, or failure of any hoiet, riggiog, blocking, scaffolding, or other like or unlike equipment uaed by the Contractor or any Subcontractor, even though such equipment be furnished or loaned to the Contractor or any such Subcontractor by the Owner, sad shall indemnify the Owner against ell such claim** ASARCO ELP 0006477 /i (3luJpEj!\s3o - KutlOQ/LlDfe BIST OF BIDDERS - Request for Quotation # BP 614-142 Willard a. Selle, Inc. 215 Poplar EL Paso, Texas (915) 542-1877 ATTN: The ABER Co., Inc. JP.O. Box 2683 fV'Bouston, Texas 77001 (713) 869-4301 ATTN: Mr. G. E. Golden 3. All 3)emp Insulation 4209 E. University Phoenix, Arizona 85034 f ASo, t 4. Western Insulation P.O. Box 1089 Odessa, Texas 79760 ATTN: Sandy ATTN: Clif Chamlee ^77 /' >* StfST l ASARCO ELP 0006478 ALL TEMP INSULATION INSULATION CONTRACTORS COLD & HEAT INSULATION MATERIALS COLD & HEAT 6731-A ALAMEDA AVE. EL PASO, TEXAS 79905 PH. 778-6948 542-1844 November 10, 1977 ASAECO Box 1111 El Paso, Texas 79999 Be: By-Pass Flue Copper Stack Gentlemen: We propose to insulate the above referenced project as per specifications for the total sum of $11, 100. 00. This quotation includes the repair work that we discussed. Yours very truly ALL TEMP INSULATION Carlos B. Escobar ms ASARCO ELP 0006479 MEMBER OF National insulation Contractor* Association ASARCO, INCORPORATED P.0. Box 1111 El Paso, Texas 79946 WILLARD A. _ELLE, INC. CONTRACTORS INSULATION DISTRIBUTORS 215 POPLAR ST. EL PASO, TEXAS 79901 TELEPHONE 542-1877 Serving the Southwest over 25 Years October 28, 1977 Attn: Mr. Bill Eason Engineering Department Re: Insulation for work on Drawings EP 237^0-907 M, Rev.l and SK-623-9 Gentlemen: This win confirm our telephoned price of $11,940.00 for the insulation required on the referenced drawings. Vie appreciate this opportunity to bid your insulation requirements and hope we will be able to do this project for you. CWC/wd Very truly yours, WILLARD A. SELLE. INC. C.W. Cooper Contract Manaei G O M M I- n C I A ! IK'lUirn'm *. T n \v/ v c r n t: r> ; nn ASARCO ELP 0006480 KP&25 mu irrmreR Asareo Incorporate#' * o. eox mi - II f**0# Text* 79Vtt EN40 Contracts, Proposals And Drevlags Attached This ne^oisitioji Is To Record Agreement Stored Into Kith All ?ap Inhalation For Insulation Of ^evr FJne Section At Copper Stack, December 5, 1977 Construction - EP623 Converter By Pass Flue ASARCO ELP 0006481 I : ".:: /W-/t6y Af. ca, -------- - -TF-ll.l. NAME AND ADDRESS OF A'JINCY CONCORD .INSURANCE AGENCIES 6044 Gateway East El Paso, Texas 79905 ^ ,.:.LLLi A ., ..-LI,..) hlai-il-.!.,-.: 'i.".". ivv.^n^ii-.i::-y. v.y.w, 4/0 ' Ox, ,o COMPANIES AFFORDING COVERAGES A.f?ruRNr National Standard Insurance Oomnanv VAME AND ADDRFSS OF INSUREO p. ' ,/<T WYLER INDUSTRIAL WORKS. INC. `^fylSCO i?TC. P. 0,. Box 636 . \ El aso, Texas .79944 */*, COMPANY O LJletter COMPANY P LETTER w company LETTER |L"J| ' \ '* r COMPANY ST LETTER Lm This is to certify that policies of insurance fisted below have been issued to the insured named above and are in force at this time. company letter TYPEOF INSURANCE .. GENERAL LIABILITY 1 1 COMPREHENSIVE FORM f~l PREWiSES*--OPERATIONS PI EXPLOSION AND COLLAPSE J=j HAZARD 1__ 1 UNDERGROUND H\ZAPO n PRODUCTS-COMPlEIEO OPERATIONS HAZARD 1 1 CONTRACTUAL INSURANCE 1 | S^AD FORM PROPERTY j=J DAMAGE1__ J INDEPFNDEN7 CONTRACTORS 1 1 PERSONAL INJURY . . POLICY NUMBER . ' POLICY EXPIRATION DATE Limits of Liability in Thousands (COO) EACH occurrence aggregate BODILY INJURY s J PROPERTY DAMAGE ' s ' S' BODILY INJURY ANO PROPERTY DAMAGE COMEiiNEi s PERSONAL INJURY s 5 AUTOMOBILE LIABILITY C3A COMPREHENSIVE FORM OWNED CD HIRED . CD NON-OWNEO EXCESS LIABILITY 1 1 UMBRELLA FORM 1 1 OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER GL 47307321 7-31-77/73 BCOILY INJURY (EACH PERSON) BODILY INJURY (EACH OCCURRENCE) PROPERTY DAMAGE BODILY INJURY AND .PROPERTY'DAMAGE COMBINED BODILY INJURY AND PROPERTY OAMAGE COMBINED s100,000 *300,000 v-oi'^-o. p'00.000 5 $ s; i: STATUTORY 1?fiSis tf/THACC'iW* 1 .: ^SCRIPT.ON OF CPERAIlO'iS LCCATIONS/YEHICLES Fleet of Trucks and Private Passenoer Autonobiles, Non-Ownership and Hired Car Liability. includino Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com pany will endeavor to mail _L"__days written notice to the below named certificate holder, but failure to moil such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER. American Smelting Refinery Co, P. 0. Box 1111 El Paso, Texas 79999 DATE ISSUED:. August 30, 1977 ; ASARCO ELP 0006482