Document NeE75YN7B3kOG0JE7MR1LyyQ

PLAINTIFF'S EXHIBIT Engineering. Architectural And/Or Consulting Services Controct Form n)-58 Order No. CONTRACT FOR Plant at. CONVERSION OF BATH HOUSE TO LUNCHROOM (Insert name of job) ASARCO Incorporated's . El Paso ______ El Paso, Texas________________ (Insert town and state) - THIS AGREEMENT, made the Ith_day of September 19 79 by and between / Pouts, Langford, Gomez, Moore Inc ,, address is 444 Executive Center Blvd, Suite 130 _________ (hereinafter called the El Paso, Tx 79904 ASARCO-Inco rporated "ENGINEER") and , a corporation of the State of New Jersey, whose address is 120 Broadway, New York, N.Y. 10005 and _P. O. Box 1111, El Paso, Tx 79999____________________________________________ (Insert address of plant or unit) (hereinafter called the "Owner"). WITNESSETH: The Engineer and the Owner agree as follows: Article 1. Scope of Work t The Engineer shall furnish and perform the various services required for Provide HVAC, plumbing, electrical .- architectural design,working drawdngs for converting existing Bath House to a Lunchroom as outlined in the specifications listed below. Any attachments referred to ore incorporated herein by reference and made a part hereof. Foots, Langford, Gomez, August 30, 1979 Appendix "B" Moore, Inc. Proposal Dated ASARCO ELP 0007424 6 Article 15. 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 except by an agreement in writing duly executed by the parties or their duly author ized agents. Article 16. Additional Provisions (Add s'uch additional provisions, if any, as the particular job required.) (SEE APPENDIX "B") FOUTS, LANGFORD, GOMEZ, MOORE. T N < Engineer By Ti tie ASARCO INCORPORATED Owner ASARCO ELP 0007425 2 Article 2. Time of Completion " The services outlined above shall be commenced on or about. September 15, 19/9 and shall be completed on or about________ October 19. 1979 ___________________ . Article3, The Contract Price Ir. consideration of the performance of the Contract, the Owner agrees to reimburse the Engineer as follows: Engineer's fee in the amount of'-S. 10,250. 00 work plus the reimbursable costs specified as follows: .for performance of ASARCO ELP 0007426 3 (a) ' Upon receipt of written notice in the form of a final certificate from the Engineer that the work is ready for final inspection and acceptance the Owner shall promptly make such inspection, and if and when it finds the work acceptable under the Contract and that the work provided for in this Contract has been completed, the entire balance due the Engineer, including the amount of his fee, shall be paid by the Owner to the Engineer within 30 days after the date of acceptance of the work by the Owner. (b) Before issuance of the final certificate, the Engineer shall submit evidence satisfactory to the Owner that all payrolls, material bills, and other indebtedness connected wi.th the work have been paid, and that the work is free of all liens and encumbrances. In case of disputed indebtedness or liens the Engineer may submit, in lieu of evidence of payment, a surety bond in form sat isfactory to the Owner, guaranteeing payment of all such disputed amounts. Article 6. Insurance The Engineer shall maintain such insurance as will indemnify it against claims made under Workmen's Compensation Acts and against any other claims for damages for personal injury, including death, which may arise from operations under this contract, whether such operations be by the Engineer or any of its subcontractors or anyone directly or indirectly employed by cither of them. Prior to commencement of this work the Engineer shall file with the Owner completed certificates of insurance in the form of the "Insurance Certificate" attached and shall provide insurance coverage in amounts not less than those stated herein with companies acceptable to the Owner. It is understood Engineer will maintain insurance coverage in such amounts and for such periods as are sufficient to protect Owner from any liability as a result of the professional errors and/or omissions of the insured (Engineers/ Architects) or any person employed by the insured, and will furnish evidence of the same to Owner. Article 7. Title to the Work All drawings, specifications survey reports, models and other items in cluded in the scope of the work completed or in the course of completion and furnished by the Engineer shall be and become the property of the Owner at the ASARCO ELP 0007427 4 completion of this agreement or upon its cancellation, and the said items may be used by the Owner entirely at its own discretion as it may deem advisable at any time. Drawings, specifications survey reports and other data shall at all times be treated as confidentia 1 by the Engineer. This clause shall survive the termination for any reason of this agreement. The Engineer agrees that the Owner shall have full and exclusive mechani cal, process and design patent, copyright,and/or Trademark rights inthis country and abroad on all of the Engineer's work for the Owner insofar as they pertain to the services or work being performed hereunder, without extra cost to the Owner. The Engineer agrees at the Owner's request to cause the'person or persons making any invention or inventions in connection with the concep tion or development of the Owner's processes, products or planLs hereunder, .to sign all papers necessary for Letters Patent on said invention or inventions which Owner shall have prepared, provided said person or persons shall be`in the employ of the Engineer upon presentation of said papers for signature, and to execute any and all assignments necessary to vest all right, title and interest in and to said.inventions, applications and patents in the Owner. 11 isunderstood .that no costs or expenses of any kind inconnection with obtain ing the aforesaid patents, application and assignments shall be imposed on or borne by the Engineer'or by any person associated with the Engineer. (SEE APPENDIX "B") Article 8. Status of Engineer and its Personnel It is understood and agreed that the status of the Engineer hereunder is that of an independent contractor, 'that the personnel of the Engineer perform ing services or work hereunder shall under no circumstances be deemed to be employees of the Owner, and that any workmen's Compensation Insurance coverage for such personnel will be the sole responsibility of the Engineer. Notwith standing the aforesaid understanding, the general instructions of the Owner in connection with accomplishing the work to be done hereunder shall be followed by the personnel of the Engineer. During tenure of contract, Owner shall have prerogative to request changes in personnel of Engineer's employees assigned to this work when in the opinion of the Owner their work is not conducive to required scope of work. Article 9. Compliance with Laws and Ordinances If for any reason the Engineer's or any of its Subcontractor's employees or agents acquire a status imposing liability on the Owner for employer's con tributions or taxes under the Federal Insurance Contribution Act, the Federal Unemployment Tax Act, any State Unemployment Tax Act, or any other Act, Statue or Regulation thereunder, the Engineer shall beexc 1 usively liable for, and shall indemnify the Owner against, the same and it agrees to comply with all such laws and regulations so as to relieve the Owner from any and all liability therefor and from the responsibility of making reports or keeping records with respect thereto. Article 10. Owner's Right to Terminate Contract If the Engineer should commit an act of bankruptcy, or make an assignment for the benefit of creditors, or if a receiver of the Engineer's property should be appointed, or if the Engineer should fi1eavo1untary petition in bankruptcy, or if a trustee of the Engineer's property should be.appointed under the re organization or readjustment provisions of the Bankruptcy Act, or if the Engin eer at any time should refuse or neglect to supply' sufficient properly skilled ASARCO ELP 00074-28 5 personnel, or if he should fail to make prompt payments to subcontractors, or .disregard applicable laws or ordinances or the instructions of the Owner, or should he otherwise violate any provision of the contract and fail to correct such violation promptly after service of written notice thereof by the Owner, then the Owner may, without prejudice to any of its other rights or remedy i'n the premises, terminate the employment of the Engineer, take possession of drawings, specifications, surveys, models, etc. and finish the work by whatever method the Owner may deem expedient. - (SEE APPENDIX "B") Article 11. Arbitration In case of any dispute or difference which may arise as to whether the work done hereunder shall fail.to comply-with the plans and specifications or* with any of the provisions of this contract, such dispute or difference and the question of full performance of the Engineer of the obligations herein imposed shall be'submitted to a board or' arbitration to be selected in the following manner: Unless otherwise provided by law, the parties may agree upon one arbi LraLor; otherwise, there shall be three, one named in writing by eacli party, and the third chosen by these arbitrators. Provided, however, that if either of the parties hereto shall fail to name an arbitrator within ten (10) days after being requested in writing to do so by the other, the arbi trator so named by the latter shall be and act as the sole arbitrator; and provided further, that in the event each of the parties names an arbi trator but the arbitrator so selected shall fail to select a third within ten (10) days, then he shall be designated by the presiding officer of the Bar Association nearest the location of the work. If there be more than one Bar Association in such locality, it shall be the senior associa tion or the one longest established. The decision of the arbitrator or arbitrators shall be in writing and shall be final. (SEE APPENDIX "B") Article 12. Subcontracts The Engineer will not employ any Subcontractor without the prior written approval of the Owner and the Engineer will require each such SubcontracLor to execute a contract in writing containing provisions similar to all provisions of this contract which are in any way applicable to such Subcontractorand which will obligate such Subcontractor to comply with and perform all such pro visions. Nothing herein shall be deemed to create a contractual relationship between any such Subcontractor and the Owner. Article 13. Assignment The Engineer shall not assign or sublet this contract in whole or in part nor shall the Engineer assign any moneys due or to become due i t hereunder with out the prior written consent of the Owner. Article 14. Applicabl-e Law This contract shall be construed and enforced in accordance with the laws of the state where the work hereunder is to be performed. ASARCO ELP 0007429 6 Article 15. Entirety Clause This contract constitutes the entire agreement_be tween the parties, and except as may be specifically set forth herein no changes can be made except by an agreement in writing duly executed by the parties or their duly author ized agents. Article 16. Additional Provisions (Add such additional provisions, if any, as the particular job required.) (SEE APPENDIX "B") FOUTS, LANGFORD. GOMEZ- MOORE. T ;\ Engineer By Title ASARCQ INCORPORATED Owner ASARCO ELP 0007430 Appendix "A" To Contract Form PD-58 "Reimbursable costs" shall be the sum of the costs to the Engineer of the following iterns: A. 1. Direct cost of current actual salaries foral 1 Engineer*s employ ees who actually contribute time to the project in proportion to the time they devote to it. These salaries arc to be in accord ance with the hourly wage rates'shown on Exhibit "B" attached. 2. In addition to the direct salaries, Engineer will be paid percent (_____ %) of such salaries to cover all fringe benefits which include payroll taxes and insurance, vacation, sick leave and holiday allowances. The total for Item A will be the direct salaries, pluspercent ( %) for fringe benefits. B. Overhead as l_ percent (__________ %) of the total of Item A above. C. Actual cost of all out-of-pocket expenses incurred by Engineer in the performance of this work which will include: Actual traveling and living expenses for all personnel when required to leave the District Office on duties directly applicable to the job. Telephone, telegraph, office equipment andsupplies blueprints, postage and other minor expenses directly applicable to the Job. Required inspection and testing. No salaries of the Engineer's executive officers, including and above General Manager, and no part of the expenses of conducting the Contractor's Main Office or regularly established Branch Offices, and no over head expenses of any kind, except as above provided, shall be included in the cost of the Job unless otherwise expressly provided herein. D. It is agreed that the Engineer's "Reimbursable Cost" shall be increased or decreased, as the case may be, by an amount equal to the total effect of the following: 1. Routine changes in salary and wage rates and any statutory changes in payroll taxes. 2. Extra cost of any premium time, or overtime in excess of the regu lar work week, plus______% for fringes affected by the extra cost on such premium time or overtime. All overtime must be first ap proved by the Owner. ASARCO ELP 0007431 August 30, 1979 Mr. Carl Glazer, Engineer EV Paso Smelting Works ASARCO,Inc. El Paso, Texas Dear Carl: This letter is to provide you with a proposal for the HVAC, plumbing, electrical and architectural design working drawings necessary to remodel the existing bath- house into a lunchroom facility. The work to be done is defined'in the enclosed scope of the work. We are also enclosing an hourly rate schedule which can be used to evaluate any cost on work necessary outside the scope of the work. Our proposal is to provide.the working drawings necessary to accomplish the building use change by October 5, 1979. f Our fee for this work will be $10,250.00. v. Thanks for your consideration on this project. If this proposal is acceptable to you, please sign below and re turn a copy to us. Sincerely yours. c EX- CUT! ;E CEM7E'. 3>.VD. SUITE 130 EL PASO. TX 7??0> y (915) S-i-|.-;7-iJ ASARCO ELP 0007432 consulting engineers 4171 NORTH MESA STREET, C-107 (915) 532-4224 EL PASO, TEXAS 79902 .August 17, 1979 Fouts Langford Gomez Moore, 444. Executive Center Blvd. El Paso, Texas 79902 ' Inc Attn: Mr. Joe Melendez Dear Joe; In confirmation of our phone conversation of August 15, 1979, we can complete the HVAC design and plumbing for the remodeling of the exist ing bathhouse into a lunchroom at AS.ARCO for $3,500.00. Our design effort will include: 1. A water wash air system to pressurize the building, including a filtering system in accordance with their criteria. 2. Plumbing sufficient to remove existing shower columns, relocate existing washfountains, and add one small wash basin in each side of lunchroom for utensil clean up. 3. Revamp heating system. 4. Outline specification to be included on the drawings. ' 5. Equipment submittal review. 6. One inspection trip at start-up. Thank you for the opportunity to be of service to you. Sincere!y, WJP./s a e ASARCO ELP 0007433 Scope of FLGM, Inc.'s work for changing the existing bathhouse into a lunchroom. Architectural Work Provide plans, details and specifications to locate and construct new doors or windows, fill in some existing window's, provide new type windows,.provide new floor and wall finishes, provide new toilet partitions, move gang sinks, remove existing lockers, fill in slab where lockers are removed, remove existing showers, redo existing ceiling and do studies and make recommendations pertinent to provide an adequate lunchroom in accordance with governing codes, ordinance, and laws. Electrical-Work Redo lighting to provide fluorescent lighting, chase conduit into walls, provide.-'adequate number of outlets and electrical service, provide electrical service to new HVAC equipment with controls as required. Mechanical Work As indicated on the enclosed letter from Robinet and Avery. It is our understanding that field observation will be done on an on call basis and be charged at hourly rates. ASARCO ELP 0007434 FEE SCHEDULE FOR ARCHITECTURAL AND ENGINEERING SERVICES Following are the hourly charges for'this firm: Principal Architects Principal Engineers Interiors Architect Staff Architects Sr. Draftsmen/Designers Draftsmen II/Designers Draftsmen I Bookkeeper Administrative Secretary Typist Consultants' fees shall be charged at 1-1/2 times their charges to our firm Effective 1 July 1979 WcC.i-< AiOICL-'a 1-- $50.00/hr. $45.00/hr. $35.00/hr. $30.00/hr. $25.00/hr. $22.00/hr. $18.00/hr. $25.00/hr. $18.00/hr. $15.00/hr. "io .00/l-i (?__ ASARCO ELP 0007435 APPENDIX "B Article 16, Engineer's Right to Terminate Work. If the Owner fails to meet the conditions of the contract, the Engineer shall have the right to terminate the contract and be compensated for that portion of the work completed upon termination. .Article 7. Add paragraph: "Engineer shall have a note on the draw-., ings advising that this work is designed only for the El Paso Smelting Works of the American Smelting and Refining Company." Article 10. Add paragraph: "If the Owner-terminates the contract, he shall compensate-the Engineer for that portion of the work com pleted at.the time of termination." Article 11. In Paragraph 1, second line, change "plans and specifi cations" to "scope of the work". ASARCO ELP 0007436  ERICAN SMELTING AND REFINING O 'ANY . FORM tt insurance-! n.Ti.ed 9/ . _______________________________________________ (// INSURANCE-CERTIFICATE AMERICAN SMELTING AND REFINING COMPANY RCOUIREMCNTS FOR CONTRACTORS AND SUDCONTRACTORS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DCSCRIPED DELOW HAVE BEEN ISSUED TO _____ Fonts, Langford, Gomez, Moore, Inc. ____________ _ THESE POLICIES ARE NOW IN. FORCE, COVERING WORK BY THE ASSURED FOR AMERICAN SMCLTING AND REFINING company on contract f Compliance Facilities________________________ .' ______ atSI Paso. Texas____________________________________________________ _________________________ 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 RFFINING COMPANY. ATTN.-----------W- ..KgUX------------------------------- PLANT MANAGER. ' KIND OF INSURANCE numder DESCRIPTION OF POLICY EXPIRES LIMITS OF LIABILITY REQU IRCD MINIMUM ' contractor's public LIABILITY (COMPREHENSIVE 1NCLUDING CON TRACTUAL)" BODILY-INJURY .' PROPERTY-DAMAGE contractor's PROTECTIVE LIABILITY' /" TMP306 4568 ~TMP3'05 4568 12-13-80 12-13-80 EACH OCCURRENCE S EACH OCCURRENCE S 500,000. ^qq qqq 5303.000 5 25,000 BOD 1LY-1NJURY PROPERTY-DAMAGE TMP306 4568 ' TMP306 4568 12-13-80 12-13-80 each occunncNCF. s 500,000. EACH OCCURRENCE S $300,000 $ 25.000 AUTOMOBILE BODILY-INJURY PROPERTY-DAMAGE workmen's compensation AND employer's L1AdILITY CCP390 9671 CCP390 9671 03-01-80 03-01-80 EACH PERSON J EACH OCCUR'.ENCE S EACH OCCURRENCE S 250,000. 500,000. 100,000. WC338 9050 WC338 9050 ____ 03-01-80 Texas - Statutory 03-01-80 EACH OCCURRENCE S 100,000. $100,000 $300,000 S 25.000 comply w ith applicable STATE LAW $ 25.000 date June 7., 1979 Transcontinental Insurance Company INSURANCE COMPANY El Paso, Texas CITY | STATE UDER OF TEXAS, INC. AUTHORIZED REPRESENTATIYE #7h* Contractor #K11 #** haraleaa and indonnify the 0*ner from end any expanse, lose or danage on account of any clain, demand or auil mado by any psraon whoatoover. including any employee of the Owner, hich is in any v*y cauaad by or connected with, or grow* out of the execution and performance of thia contract by tbs Contractor or aoy Subcontractor; pro* Tided, howevor, that tha Contractor ahall nor, be required to indcr.nify the Owner againet any loaa ceutad aoloiy by negli- gonce or willful fault of the Owner or ita enployaaa. The Oinlractor accepta all risk of injury or d jd and *11 roapon* aibility for any claioa for damage* whatsoever resulting froa the use, Biauto, or failure of any heiat, t*L'cin6i blocking, scaffolding, or other like or tintike equipcent used by tho Contractor or any Subcontractor, ara though aucb oquipaaot be furnished or loaned to the Contractor or any such Subcontractor by the Owner, and ahall indemnify tho Oenor against all such claiu*, ASARCO ELP 0007437 Engineering, Architectural And/Or Consulting Services Contract Form FD-58 Order No. CONTRACT FOR to Furchzzi::? Cipcrtment CONVERSION OF BATH HOUSE TO LUNCHROOM (Insert name of job) ASARCO Incorporated's . El Paso Plant at El Paso, Texas________________ (Insert town and state) . THIS AGREEMENT, made the 14th rfay Qf September. i9_Z2__, by and between Fonts, Langford, Gomez, Moore Inc whose address is 444 Executive Center Blvd, Suite 130 r ~El Paso, Tx 79902 ASARCO-Incorporat'ed----------- called the "ENGINEER") and . a corporati on of thc State of New Jersey, whose address is 120 Broadway, New York, N.Y. 10005 and ___________P. O. Box 1111, El Paso, Tx 79999__________ __________________ (Insert address of plant or unit) (hereinafter called the "Owner"), WITNESSETH: The Engineer and the Owner agree as follows: Article 1. Scope of Work I The Engineer shall furnish and perform the various services required for Provide HVAC, plumbing, electrical architectural design;, working drawdngs for converting existing Bath House to a Lunchroom as outlined in the spccifications listed below. Any attachments referred to are incorporated herein by reference and made a part hereof. Fouts, Langford, Gomez, August 30, 1979 Appendix "B" Moore, Inc. Proposal Dated ASARCO ELP 0007438 2 Article 2. Time of Completion The services outlined above shall be commenced on or about September 15, 1979 and shall be completed on or about________ October 19. 1979 Article 3. The Contract Price In consideration of the performance of the Contract, the Owner agrees to reimburse the Engineer as follows: , c 10,250.00 Engineer's fee in the amount o i e___________________ _ work plus the reimbursable costs specified as follows: for performance of M ASARCO ELP 0007439 3 (a) Upon receipt of written notice in the form of a final certificate from the Engineer that the work is ready for final inspection and acceptance the Owner shall promptly make such inspection, and if and when it finds the v/ork acceptable under the Contract and that the work provided for in this Contract has been completed, the entire balance due the Engineer, including the amount of his fee, shall be paid by the Owner to the Engineer within 30 days after the date of acceptance of the work by the Owner. (b) Before issuance of the final certificate, the Engineer shall submit evidence satisfactory to the Owner that all payrolls, material bills, and other indebtedness connected wi.th the work have been paid, and that the work is free of all liens and encumbrances. In case of disputed indebtedness or liens the Engineer may submit, in lieu of evidence of payment, a surety bond in form sat isfactory to the Owner, guaranteeing payment of all such disputed amounts. Article 6. Insurance The Engineer shall maintain such insurance as will indemnify it against claims made under Workmen's Compensation Acts and against any other claims for damages for personal injury, including death, which may arise from operations under this contract, whether such operations be by the Engineer or any of its subcontractors or anyone directly or indirectly employed by either of them. Prior to commencement of this work the Engineer shall file with the Owner completed certificates of insurance in the form of the "Insurance Certificate" attached and shall provide insurance coverage in amounts not less than those stated herein with companies acceptable to the Owner. It is understood Engineer will maintain insurance coverage in such amounts and for such periods as are sufficient to protect Owner from any liability as a result of the professional errors and/or omissions of the insured (Engineers/ Architects) or any person employed by the insured, and will furnish evidence of the same to Owner. Article 7. Title to the Work All drawings, specifications survey reports, models and other items in cluded in the scope of the work completed/ or in the course of completion and furnished by the Engineer shall be and become the property of the Owner at the ASARCO ELP 0007440 4 completion of this agreement or upon its cancellation, and the said items may be used by the Owner entirely at its own discretion as it may deem advisable at any time. Drawings, specifications survey reports and other data shall at all times be treated as confidential by the Engineer. This clause shall survive the termination for any reason of this agreement. The Engineer agrees that the Owner shall have full and exclusive mechani cal, process and design patent, copyright, and/or Trademark rights in this country and abroad on all of the Engineer's work for the Owner insofar as they pertain to the.services or work bein-g performed hereunder, without extra cost to the Owner. The Engineer agrees at the Owner's request to cause the person or persons making any invention or inventions iri connection with the concep tion or development of the Owner's processes, products or plants hereunder, to sign all papers necessary for Letters Patent on said invention or inventions which Owner shall have prepared, provided said person or persons shall be in the employ of the Engineer upon presentation of said papers for signature, and to execute any and all assignments necessary -to vest all right, title and interest in and to said inventions, applications and patents in the Owner. 11 is understood that no costs orexpenses of any kind in connection with obtain ing the aforesaid patents, application and assignments shall be imposed on or borne by the Engineer or by any person associated with the Engineer. (SEE APPENDIX "B") Article 8. Status of Engineer and its Personnel It is understood and agreed that the status of the Engineer hereunder is that of an independent contractor, that the personnel of the Engineer perform ing services or work hereunder shall under no circumstances be deemed to be employees of the Owner, and that any workmen's Compensation Insurance coverage for such personnel will be the sole responsibility of the Engineer. Notwith standing the aforesaid understanding, the general instructions of the Owner in connection with accomplishing the work to be done hereunder shall be followed by the personnel of the Engineer. During tenure of contract. Owner shall have prerogative to request changes in personnel of Engineer's employees assigned to this work when in the opinion of. the Owner their work is not conducive to required scope of work. Article 9. Compliance with Laws and Ordinances If for any reason the Engineer's or any of its Subcontractor's employees or agents acquire a status imposing liability on the Owner for employer's con tributions or taxes under the Federal Insurance Contribution Act, the Federal Unemployment Tax Act, any State Unemployment Tax Act, or any other Act, Statue or Regulation thereunder, the Engineer shall be exclusively liable for, and shall indemnify the Owner against, the same and it agrees to comply with all such laws and regulations so as to relieve the Owner from any and all liability therefor and from the responsibility of making reports or keeping records with respect thereto. Article 10. Owner's Right to Terminate Contract If the Engineer should commit an act of bankruptcy, or make an assignment for the benefit of creditors, or if a receiver of the Engineer's property should be appointed, or if the Engineer should fi 1 e a vo1untary petition in bankruptcy, or if a trustee of the Engineer's property should be.appointed under the re organization or readjustment provisions of the Bankruptcy Act, or if the Engin eer at any time should refuse or neglect to supply sufficient properly skilled ASARCO ELP 0007441 5 personnel, or if he should fail to make prompt payments to subcontractors, or .disregard applicable laws or ordinances or the instructions of the Owner, or should he otherwise violate any provision of the contract and fail to correct such violation promptly after service of written notice thereof by the Owner, then the Owner may, without prejudice to any of its other rights or remedy in the premises, terminate the employment of the Engineer, take possession of drawings, specifications, surveys, models, etc. and finish the work by whatever method the Owner may deem expedient. (SEE APPENDIX "B") Article 11.__ Arbitration In case of any dispute or difference whichmay arise as to whether the work done hereunder shall fail to comply with the plans and specifications or with any of the provisions of this contract, such dispute or difference and the question of full performance of the Engineer of the obligations herein imposed shall be submitted to a board or arbitration to be selected in the following manner: Unless otherwise provided by law, the parties may agree upon one arbitrator; otherwise, there shall be three, one named in writing by each party, and the third chosen by these arbitrators. Provided, however, that if either of the parties hereto shall fail to name an arbitrator within ten (10) days after being requested in writing to do so by the other, the arbi trator so named by the latter shall be and act as the sole arbitrator; and provided further, that in the event each of the parties names an arbi trator but the arbitrator so selected shall fail to select a third within ten (10) days, then he shall be designated by the presiding officer of the Bar Association nearest the location of the work. If there be more than one Bar Association in such locality, itshall be the senior associa tion or the one longest established. The decision of the arbitrator or arbitrators shall be in writing and shall be final. (SEE APPENDIX "B") Article 12. Subcontracts The Engineer will not employ any Subcontractor without the prior written approval of the Owner and the Engineer will require each such Subcontractor to execute a contract in writing containing provisions similar to all provisions of this contract which are in any way applicable to such Subcontractor and which will obligate such Subcontractor to comply with and perform all such pro visions. Nothing herein shall be deemed to create a contractual relationship between any such Subcontractor and the Owner. Article 13. Assignment The Engineer shall not assign or sublet this contract in whole or in part nor shall the Engineer assign any moneys due or to become due ithereunder with out the prior written consent of the Owner. Article 14. Applicabbe Law This contract shall be construed and enforced in accordance with the laws of the state.where the work hereunder is to be performed. ASARCO ELP 0007442 6 Article 15. 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 except by an agreement in writing duly executed by the parties or their duly author ized agents. Article 16. Additional Provisions (Add s'uch additional provisions, if any, as the particular job required.) (SEE APPENDIX "B") c FOUTS, LANGFORD, GOMEZ. MOORE. T N' Engineer ASARCO INCORPORATED Owner By purchasing c Ti tl e ASARCO ELP 0007443 Appendix "A" To Contract Form PD-58 --"Reimbursable costs" shall be the sum of the costs to the Engineer of the following items: Direct cost of current actual salaries for al 1 Engineer's employ ees who actually contribute time to the project iri proportion to the time they devote to it. These salaries are/to be ip accord ance with the hourly wage rates shown on Exhibit "B" attached. 2. In--addition to the direct salaries, Engineer will be paid percent (_____ %) of such salaries to cove/ all fringe benefits which\nclude payroll taxes and insurance, vacation, sick leave and hoirday allowances. The total for I t-m A will be the direct /alaries, plus. (_____ %) for fringe--benefits. .percent B. Overhead as percent (. 5) le total of Item A above. C. Actual cost of all out-of-pocket expenses incurred by Engineer in the performance of this work u-fxich will include: Actual traveling and living e/fxpnses for all personnel when required to leave the District Office/n d\ties directly applicable to the job. Telephone, telegraph, o f f i/e equ i pmervt. and suppl i es blueprints, postage and other minor expenses/directly applicable to the Job. Required inspection arid testing. No salaries of the/Engineer's executive officers, including and above General Manager, /id no part of the expenses of conducting the Contractor's Main Office' or regularly established Branch-Offices, and no over head expenses /f any kind, except as above provided. shall be included in the cost/6f the Job unless otherwise expressly-provided herein. D. It is agreed that the Engineer's "Reimbursable Cost" shal\bc increased or decreased, as the case may be, by an amount equal bp the total effect/of the following: 1. Routine changes in salary and wage rates and any statutory changes ' in payroll taxes. Extra cost of any premium time, or overtime in excess of the regu lar work week, plus______% for fringes affected by the extra cost on such premium time or overtime. All overtime must be first ap proved by the Owner. ASARCO ELP 0007444 / RCHITECTS ENGINEERS August 30, 1979 Mr. Carl Glazer, Engineer El Paso Smelting Works ASARCO, Inc. El Paso, Texas Dear Carl: This letter is to provide you with a proposal for the HVAC, plumbing, electrical and architectural design working drawings necessary to remodel the existing bath house into a lunchroom facility. The work to be done is defined in the enclosed scope of the work. We are also enclosing an hourly rate schedule which can be used to evaluate any cost on work necessary outside the scope of the work. Our proposal is to provide the 'working drawings necessary to accomplish the building use change by October 5, 1979. Our fee for this work will be $10,250.00. Thanks for your consideration on this project. If this proposal is acceptable to you, please sign below and re turn a copy to us. Sincerely yours. ^John Morrison, PE Date *?-a- 'n FOOTS LA .0 GOV2 VCORE. INC. 944 EXECUTIVE CENTER ElvO SUITE 130 EL PASO. TX 79T03 (91SJ 5^.4740 ASARCO ELP 0007445 APPENDIX "B Article 16, Engineer's Right to Terminate Work. If the Owner fails to meet the conditions of the contract, the Engineer shall have the right to terminate the contract and be compensated for that portion of the work completed upon termination. Article 7. Add paragraph: "Engineer shall have a note on the draw ings advising that this work is designed only for the El Paso Smelting Works of the American Smelting and Refining Company." Article 10. Add paragraph: "If the Owner terminates the contract, he shall compensate the Engineer for that portion of the work com pleted at the time of termination." Article 11. In Paragraph 1, second line, change "plans and specifi cations" to "scope of the work". ASARCO ELP 0007446 'ERICAN SMELTING AND REFINING C . FORM H INSURANCE-1 Roii.cd */73 , 5ANY INSURANCE-CERTIFICATE AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUDCONTRACTORS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DCSCRIDED DELOW HAVE BEEN ISSUED TO ___ !____________ Fcmts, Langford, Gomez, Moore. Inc.________ ______ THESE POLICIES ARE NOW IN. FORCE, COVERING. WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING company on contract ^es3n of Compliance Facilities AT _______ El Paso. Texas IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEH DAYS' PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND RFFINING COMPANY. attn----------ILz----Kelly------------------------ plant manager. KIND 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 TMP306 4568 TMP306 4568 BODILY-INJURY PROPERTY-DAMAGE TMP306 4568 TMP306 4568 AUTOMOBILE BOOILY-INJURY PROPERTY-DAMAGE workmen's compensation AND employer's LIABILITY CCP390 9671 CCP390 9671 WC338 9050 WC338 9050 12-13-80 12-13-80 each occunnENCE s EACH OCCURRENCE S 500,000. 100/000. 12-13-80 12-13-80 EACH OCCURRENCE S 500,000. EACH OCCURRENCE S , ,,,,,, 100,000. 03-01-80 03-01-80 EACH PERSON S EACH OCCUR".ENCE S EACH OCCURRENCE S 250,000. 500,000. 100,000. 03-01-80 Texas - Statutory 03-01-80 EACH OCCURRENCE S 100,000. $300,000 $ 25.000 $300,000 $ 25.000 $100,000 $300,000 $ 25.000 COMPLY W ITJ1 applicable STATE LAW $ 25.000 date June 7, 1979 Transcontinental Insurance Company _ INnSURRAANUCCEt COUAMHP'ANNYl El Paso, Texas CITY STATE ALEXANDER & ALKiXANDER OF TEXAS, INC. AUTHOR I ZED REPRESENTAT1VE yhe Contractor ahall harmless and indemnify the Owner fro* end againat any expense, Io r damage ea accouot of any claim, demand or suit made by any poraon whomaoeTer, including ny employe# of the .Owner, *bicK ia in any way cautad by or connectad with, or grow# out of th# execution and performance of this contract by the Contractor r any Subcontractor; pro* Tided, however, that the Contractor shall not be required lo indemnify the Owner #xinet any loaa cauaad solely by negli* gance or willful fault of the Owner or ita employ**#. The Contractor accept# all risk of injury or damage and ell roapon* aibility for any claitae for damage# whatsoever raaulting from the uaa* nieuto, or failure of any koiat, tigging, blocking, scaffolding, or other lika or unlik* equipment uaad by the Contractor or #ny Subcontractor, ev*a though *ucb equipment be furniahad or loaned to the Contractor or any each Subcontractor by the Owner, and ehall indemnify the 0*nor against all auch claim#, ASARCO ELP 0007447 ASARCO RECEIVED Mr. W. R. Kelly El Paso Plant MOV 91979 W. R. KELLY _ M. A. SHARP New York Office Purchasing Department November 7, 1979 Re: Order 19H-2310, Reqn. EP-71 Conversion of Bath House to Lunchroom We are returning herewith all copies of contract executed with Fouts, Langford, Gomez, Moore Inc. to cover the Conver sion of Bath House to Lunchroom in accordance with specifica tions referred to therein. Please have the contractor counter initial the deletion of reference to Appendix "A" on page 2 and the deletion of Appendix "A", returning the original and one copy, as marked, to this office for our reference purposes. You will note New York Purchasing Department Order 19H-2310 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 Attach. cc: R. 0. Covington F. 0. Wittwer ASARCO ELP 0007448 Continental Casualty Company INSURANCE FROM CN/K Offices/Chicago. Illinois architect~ /engineers professici isl liability policy memorandum of insurance -- architects and engineers professional liability__________ To: American Smelting and Refining Company El Paso Smelting Works El Paso, Texas 79902 Attn: Mr. Carl Glaser The following policy has been issued by Ihe Continental Casualty Company and is in force at the dale indicated below: This memorandum is issued as a matter of information only and confers no rights upon, Ihe holder. By its issuance the company does not alter, change, modify or extend the provisions of said policy and does not waive any of its rights thereunder. name of insured' FOUTS LANGFORD GOMEZ MOORE, INC. address of insured: 444 Executive Center Suite 130 El Paso, Texas 79902 ________________________________________________________ policy no. AEP 821 68 88 2/20/80 policy period |Q 2/20/81 Dated at: Washington, D.C. Date: March 27, 1980 cc $1,000,000. limit of liability--per claim and aggregate (claims expenses are included in the limit) VICTOR 0. SCHINNERER & COMPANY, INC. By fjj ajuuu imituu) authorized represent^a!tive O1-10I1S-B ASARCO ELP 0007449 *IU.*fl.*riNGCO-t,.PAJO K0A&43 DATE. MATERIAL REQUISITION El* Paso Plant DEPT. O tism O OTfOStJ Req. Equipment #_ Time of Issue -- Day Night Expense < Description of Work Quant. Recuested DESCRIPTION Unit of Issue Quant. Issued Class Value -t.fS.tu idoaV*. MSB Requisitioned fill-23/0 ~Mk Issued By. ,, rsiKTisS CC-c PASO KOOS-33 DATE 3 ~ 5(^0 MATERIAL REQUISITION El Paso Plant 6WV/jT Req. * DEPT.. Equipment # 'Time of issue -- Day D Night Description of Work. Expense # Cu*XH- /Look* *Jbt/09UtX Quant. Requested PLtsUA DESCRIPTION fjUdOfCc? '&! Unit of Quant. Issue Issued Class Item & Value (i ,ionee*7/ fin-in*Requisiti Issued By. ASARCO ELP 00074*50 INVOICE FOR ARCHITECTURAL SERVICES PROJECT (Name, address) Conversion ; Bath House to Lunch Room ^ate: 6 February 1930 invoice no: One TO: ASARCO Incorporated P0 Box 1111 El Paso, Texas 79999 Attn: Mr. Carl Glaser ARCHITECT'S 79-09-15 PROJECT NO: In accordance with the Owner-Architect Agreement dated September 14, 1979 there is due at this time for architectural services and-foirrbursable itonw on the above Project, for the period ending 31 January 1980 the sum of Ten Thousand Two Hundred Fifty and 00/100-----------------------------------Dollars<s 10,250.00) The above amount shall become due and payable ten INTEREST ON OVERDUE ACCOUNTS SHALL ACCRUE AT The present status of the account is as follows: One days from the date hereof. PERCENT ( 1 %) PER mO . Architectural/engineering services: Design and working drawings for conversion of existing Bath House to a Lunchroom Per Agreement $10,250.00 ARCHITECT: BY: ADDRESS: Fouts Langford Gomez Moore, Inc<X. Jose Melendez, AIA C_-- 444 Executive Center, Suite 130 El Paso, Texas 79902 AIA* FORM fUm INVOICE FOR ARCHITECTURAL SERVICES EC PASO SMELTING' WORKS ENGINEERING DEPT. 1 198Q ....,>' &H- hC AIA TI,E AMERICAN` INSTITUTE OF AKUI1T ASARCO ELP 0007451 DATE. (~~^>Q dept. Coiosr MATERIAL REQUISITION __ El Paso Plant Time of Issue -- Day Night Description of Work_ LoCKglU <otN-/y Req. --______ Equipment #______ Expense #_______ Ouant. Requested DESCRIPTION (Zi'r'sr zr<2>o}$ l>ooo<cc N<T'T-4 Unit of Issue Quant. Issued Class Item # Value T77&*3 Requisitioner.- Ml |J: -J%1 Issued By_ ASARCO ELP 0007452 Albuquerque. N.M. 17125 Farmington, N.M. 8 7401 WE HEREBY CERTIFY THAT THE GOODS COVERED BY THIS INVOICE WERE PRODUCED IN COMPLIANCE WITH ALL APPUCA8LE REQUIREMENTS OF THE FAIR LABOR STANDARDS ACT. AS AMENDED. INCLUDING SECTIONS 6. 7. AND 12 THEREOF. AND OF THE REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION 14 THEREOF. INVOICE COPY EL PASO SMELTING WORKS ENGINEERING DEPT. "EC PASO' SMELTING WORKS ASARCO ELP 0007453 fLW* Mitt MIWTlMO CO -tl UlSO KORtW JrPATE__ dept. vW\sr. MATERIAL REQUISITION El Paso Plant Time of Issue -- Day Night Req. #________ Equipment #________ Expense #_________ Quant. Requested DESCRIPTION ^~L Unit of Ouant. Issue Issued Class Item # Value Requisitioned ^ W - iT-n JaAIssued By.. Hill HUNTING CO-H.PAJO KOAS-J3 DATE, - $r MATERIAL REQUISITION El Paso Plant DEPT. V. Time of Issue -- Day Night &W-7 i Req. Equipment Expense Quant. Requested DESCRIPTION fhlu Unit of Issue Quant. Issued Class Item tt Value Hu -1 vn Requisitioner. Issued By_ ASARCO ELP 0007454 mu. minting go -u pajo kos-u MATERIAL REQUISITION i PD. AETPET_._Q(2-tS0.-^Vg.Oocfoit? El Paso Plant Time of Issue'-- Day Night Description of Work Q*??sI4|l7_______ Req. __ I_ Equipment #________ Expense #________ Quant. Requested DESCRIPTION l~ L->Ua (k5i)Site Unit of Issue Quant. issued Class Item # Value &f?>- Requisitioner_ - Issued By_ L PRIMING CO-CL'*$0 KORS-U 7-3 -a MATERIAL REQUISITION El Paso Plant - So Req. #___ Equipment #___ Time of Issue -- Day Night fo&ryJ those D^bi&O Description of Work. Quant. Requested DESCRIPTION Unit of issue FLliU fuu&ctr p "L* Quant. Issued Expense # Class Item # Value / c>0 kKO ' Requisitioner Issued By ^y ASARCO ELP 0007455 INVOICE FOR ARCHITECTURAL SERVICE AlA DOCUMENT GB02 project (Name, address) Design of Compliance Facilities for ASARCO, Incorporated El Paso, Texas TO: rArnerican Smelting and Refining CoTl PO Box 1111 El Paso, Texas' 79999 [Attn: Mr. Carl Glaser __| engineering services There is due at this time for Eight Hundred Eighteen and 37/100 date 2 January 1980 invoice NO: Two ARCHITECT'S PROJECT NO: 79-05-06 the above Project, the sum of: Dollars $ 818.37 The present status of the account is as follows: Re; Contract dated May 16, 1979 Basic contract Change Order No. 1 9 H - 1547 Total contract amount Paid to date: EP 644-30 EP 644-70 $15,050.00 818.37 $15,868.37 ( 10,000.00) ( 5,050.00) Net amount due $ 818.37 EL PASO SMELTING WORKS ENGINEERING DEPT. ARCHITECT: BY: Fouts Langford Gomez Moore, Inc. 444 Executive Center, Suite 130 El Paso, Texas 79902 ADDRESS: /John G. Morrison AlA DOCUMENT GB02 INVOICE FOR ARCHITECTURAL SERVICE APRIL 1970 EDITION AlA 01770 THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVH., N.W., WASHINGTON, D.C 20006 ONE PAGE ASARCO ELP 0007456 ASARCO New York Office Purchasing Department Mr. W. R. KellyEl Paso Plant Re: Order 19H-2310 _______Reqn. EP-71 December 6, 1979 IVED DEC 1 0 1979 W. it. KELLY A, SHABF We have not as yet received the original and one copy of contracts for Conversion of Bath House to Lunchroom sent back to you on November 7 for counter-initialing of certain statements by the contractor. Your prompt response in returning same will be greatly appreciated. FOW:eth cc R. 0. Covington F. 0. Wittwer ASARCO ELP 0007457 r? 3 ARCHITECTS ENGINEERS ASARCO, Incorporated ______________________ El Paso, Texas Attn: Mr. Carl Glazer LETTER OF) TRANSMITTAL nATr 27 November 1979 RF; Conversion of Bath House to Lunchroom at ASARCO Order No. 19H-2310 WE ARE SENDING YOU El ATTACHED PI UNDER SEPARATE COVER VIA-' n COPIES 2 DATE 9-14-79 NO. DESCRIPTION Owner/Architect Contract THE EOI 1 OWING ITFMS: THESE ARE TRANSMITTED AS CHECKED " FOR APPROVAL EZ for your info SZ AS REQUESTED ED FOR YOUR USE REMARKS. Signed and initialed by Architect ZD FOR review and comment approved as noted approved as submitted MAKE CORRECTION NOTED V?COPIES TO:_ FOUTS LANGFORD GOMEZ MOORE, INC. -SIGNED. 444 EXECUTIVE CENTER, SUITE EL PASO, TX 799D2 [915] 544-4740 ASARCO ELP 0007458 ASARCO RECEIVED Mr. W. R. Kelly El Paso Plant NOV 91979 W. R. KELLY , M. A* SHARP New York Office Purchasing Department November 7, 1979 Re: Order 19H-2310, Reqn. EP-71 Conversion of Bath House to Lunchroom We are returning herewith all copies of contract executed with Fouts, Langford, Gomez, Moore Inc. to cover the Conver sion of Bath House to Lunchroom in accordance with specifica tions referred to therein. Please have the contractor counter initial the deletion of reference to Appendix "A" on page 2 and the deletion of Appendix "A", returning the original and one copy, as marked, to this office for our reference purposes. You will note New York Purchasing Department Order 19H-2310 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 Attach. cc: R. 0. Covington F. 0. Wittwer ASARCO ELP 0007459 October 5, 1979 Mr. W. A. Bennis N. Y. Office' ' RE: EP644 NY4686- COMPLIANCE FACILITIES CONVERSION OF BATHHOUSE TO LUNCHROOM ATTN: F. 0. Wittwer Enclosed arc five contract copies covering design work for the above facility. FLGM Inc. lias satisfactorily completed design work of the lunch room and change house facilities and is well informed of our requirements. For these reasons, we feel they are best suited for this additional work. Carl Glaser CG:il cc W. R. Kelly R. 0. Covington ASARCO ELP 0007460 September 20, 1979 Mr. Carl Glazer El Paso Smelting Works ASARCO, Inc. El Paso, Texas Re: Conversion of Existing Bathhouse to a Lunchroom for ASARCO, Inc. Dear Mr. Glazer: Enclosed are five signed copies of the contract for the above referenced project, along with five copies of the insurance certificate. This is the certificate which was used for the previous project and should still apply for this project. If you require the certificate to specifi cally list the name of the referenced project, we will provide the proper certificate. We would also like to notify you that Robert Borunda, our electrical.engineer, will be unable to schedule v/ork on this project. We will use Robinet and Avery to provide the electrical design. We have done this in order to complete the necessary work as soon as possible. There will be no change on our fee for the work. If you have any questions on this, please contact us. Sincerely, V FOUTS LANGFORD GOMEZ MOORE. INC. 444 EXECUTIVE CENTER BLVD. SUITE 130 EL PASO. TX 79902 (915) 544- IrtUkl JA'lDOIC/'NM ASARCO ELP 0007461 PLANT JOB/APPROPRIATION NO. EP-644/NY-4686 CHANGE ORDER ASARCO Incorporated PURCHASING DEPARTMENT 120 BROADWAY, NEW YORK, N.Y. 1C005 * PAGE 1 QF DATE 9/17/79 ORDER NO. 19H-1547 REQUISITION NO EP-39 1 to: Fouts, Langford, Gomez & Moore, Inc. .-444 Executive Center Blvd. El Paso, Texas 79902 Attn: Mr. J. Morrison, P.E. DATE REQUIRED AT DESTINATION FINAL DEST1NATION-PLEASE NOTE CONSIGNMEN f AS INDICATED ON ORIGINAL ORDER El Paso, Texas (30210") SHIPPING INTERVAL PROMISED SELLER WILL SHIP BEFORE As Arranged- QUANTITY UNIT SPECIFICATIONS ITEM NO. UNIT PRICE (C0-7S-778) THE PURPOSE OF THIS CHANGE ORDER NO._ To add the following to the scope of the/ vtork to be performed against our contract forj eesign of Compliance x'aci! iL'ioc at our E^i^^so, /Texas Plant, as identified by our above''*mm&fe3refI order. 1. Design Bath House Dra 2. Specify Roofing Sys 3. Design Bath House & 4. Redesign Vestj^uTcT^ oc svtem. & Boiler ^fToms, LOT $ 818.37 Above dated I'Vpnrison's letter Mr. Carl Glaser. NOTE TO PLANT: .C. Glaser - Above per your requisition addition dated Sept. 6, 1979. IMPORTANT SST. This change order is not binding on purchaser unless the attached Acknowledgment Card ts signed by an authorized 1S 39cnl ol seller and returned promptly to purchaser. FOR PURCHASING DEPART MENT USE ONLY a $818.00 TVO0 URGERCC oistribution: 3-Plant 603 PC_ -20.6- PLEASE ENTER OUR CHANGE ORDER FOR THE ITEMS SPECIFIED ABOVE SUBJECT TO ALL INSTRUCTIONS AND PROVISIONS ON REVERSE SIDE. ByPURCHASING AGEN1 ASARCO PDlC- REVISED5/75 ASARCO ELP 0007462 Ei...4neerinf., Architectural Ana/Or Dinr.ul t inp Services r-v Contract form ID-58 Order No. CONTRACT FOR DiFo,t1-eat CONVERSION OF BATH HOUSE TO LUNCHROOM (Insert name of job) ASARCO Incorporated's El Paso Plant at El Paso, Texas (Insert town end state) . THIS AGREEMENT, made the 14th jay Df September 19 79 by and between Fonts, Langford, Gomez, f 44* Executive Center Blvd, Suite 130 Moore Inc v.-i.^o address is __________(hereinafter called the El Paso, Tx /,90Z ASARCO-Jncorpo rated "ENGINEER") and , a corporation of the State of New Jersey, whose address is 120 Broadway, New York, N.Y. 10005 and ^P. O. Box 1111, El Paso, Tx 79999 (Insert address of plant or unit) (hereinafter called the "Owner"). WITNESSETH: The Engineer and the Owner agree as follows: Article 1. Scope of Work t The Engineer shall furnish and perform the various services required for Provide HVAC, plumbing, electrical architectural design^ working drawings for converting existing Bath .House to a Lunchroom as outlined in the specifications listed below. Any attachments referred to ore incorporated herein by reference arid made a part hereof. Foots, .Langford, Gomez, August 30, 1979 Appendix "B" Nioore, Inc. Proposal Dated ASARCO ELP 0007463 2 Article 2. Time of Comnletion The services outlined above shall be commenced on or about September 15, 1979 and shall be completed on or about________ October 19. 1979. Artie 1e 3. The Con trac t Price I r. consideration of the performance of the Contract, the Owner agrees to reimburse the Engineer as follows: r . r c 10,250.00 engineer s lee in the amount ol 1for fie r f o rr.a n ce of work plus the reimbursable costs specified as follows: , . c ASARCO ELP 0007464 3 (a) Upon receipt of written notice in the form of a final certificate from .the Engineer that the work is ready for final inspection and acceptance the Owner shall promptly make such inspection, and if and when it finds the work acceptable under the Contract and that the work provided for in this Contract has been completed, the entire balance due the Engineer, including the amount of his fee, shall be paid by the Owner to the Engineer within 30 days after the date of acceptance of the work by the Owner. (b) Before issuance of the final certificate, the Engineer shall submit evidence satisfactory to the Owner that all payrolls, rateiial bills, and other indebtedness connected with the work have been paid, and that the work is free of all liens and encumbrances. In case of disputed indebtedness or liens the Engineer may submit, in lieu of evidence of payment, a surety bond in form sat isfactory to the Owner, guaranteeing payment of all such disputed amounts. Article 6. Insurance The Engineer shall maintain such insurance as will indemnify it against claims made under Workmen's Compensation Acts and against any other claims for damages for personal injury, including death, which may arise from operations under this contract, whether such operations be by the Engineer or any of its subcontractors or anyone directly or indirectly .employed by either of them. Prior to commencement of this work the Engineer shall file with the Owner completed certificates of insurance in the form of the "Insurance Certificate" attached and shall provide insurance coverage in amounts not less than those stated herein with companies acceptable to the Owner. It is understood Engineer will maintain insurance coverage in such amounts and for such periods as are sufficient to protect Owner from any liability as a result of the professional errors and/or omissions of the insured (Engineers/ Architects) or any person employed by the insured, and will furnish evidence of the same to Owner. Article 7. Ti tl e -to the Work All drawings, specifications survey reports, models and other items in cluded in the scope of the work completed or in the course of completion and furnished by the Engineer shall be and become the property of the Owner at the ASARCO ELP 0007465 4 completion of this agreement or upon its cancellation, and the said items may be used by the Owner entirely at its own discretion as it may deem advisable at any time. Drawings, specifications survey reports and other data shall at all times be treated as confidontia 1 by the Engineer. This clause shall survive the termination for any reason of this agreement. The Engineer agrees that the Owner shall have full and exclusive mechani cal, process and design patent, copyright, and/or Trademark rights in this country and abroad on all of the Engineer's work for the Owner insofar as they pertain to the services or work being performed hereunder, without extra cost to the Owner. The Engineer agrees at the Owner's request to cause the person or persons making any invention or inventions in connection with the concep tion or development of the Owner's processes, products or plants hereunder, to sign all papers necessary for Letters Patent on said invention or inventions which Owner shall have prepared, provided said person or persons shall be in the employ of the Engineer upon presentation of said papers for signature, and to execute any and all assignments necessary to vest all right, title and interest in and to said inventions, applications and patents in the Owner. It is understood that no costs or expenses of any kind in connection with obtain ing the aforesaid patents, application and assignments shall be imp>csed on or borne by the Engineer or bv anv person associated with the Engineer.. (SEE! APPENDIX "B") Article 8. Status of Er.cineer and its Personnel It is understood and agreed that the status of the Engineer hereunder is that of an independent contractor, that the personnel of the Engineer perform ing services or work hereunder shall under no circumstances be deemed t.o be employees of the Owner, and that any workmen's Compensation Insurance coverage for such personnel will be the sole responsibility of the Engineer. Notwith standing the aforesaid understanding, the general instructions of the,Owner in connection with accomplishing the work to be done hereunder shall be followed by the personnel of the Engineer. During tenure of contract, Owner shall have prerogative to request changes in personnel of Engineer's employees assigned to this work when in the opinion of.the Owner their work is not conducive to required scope of work. Article 9. Compliance with Laws and Ordinances If for any reason the Engineer's or any of its Subcontractor's employees or agents acquire a status imposing liability on the Owner for employer's con tributions or taxes under the Federal Insurance Contribution Act, the Federal Unemployment Tax Act, any State Unemployment Tax Act, or any other Act, Statue or Regulation thereunder, the Engineer shall be exclusively liable for, and shall indemnify the Owner against, the same and it agrees to comply with all such laws and regulations so as to relieve the Owner from any and all liability therefor and from the responsibility of making reports or keeping records with respect thereto. Article 10. Owner's Right to Terminate Contract If the Engineer should commit an act of bankruptcy, or make an assignment for the benefit of creditors, or if a receiver of the Engineer's property should be appointed, or if the Engineer should fi1e a vo1untary petition in bankruptcy, or if a trustee of the Engineer's property should be appointed under the re organization or readjustment provisions of the Bankruptcy Act, or if the Engin eer at any time should refuse or neglect to supply sufficient properly skilled ASARCO ELP 0007466 5 personnel, or if he should fail to make prompt payments to subcontractors, or .disregard applicable laws or ordinances or the instructions of the Owner, or should lie otherwise violate any provision of the contract and fail to correct such violation promptly after service of written no-tice thereof by the Owner, then the Owner may, without prejudice to any of its other rights or remedy in the premises, terminate the employment of the Engineer, take possession of drawings, specifications, surveys, models, etc. and finish the work by whatever method the Owner may deem expedient. (SEE APPENDIX "B") Article II. Arbitration In case of any dispute or difference which may arise as to whether the work done hereunder shall fail to comply with the plans and specifications or with any of the provi si ons of this contract, such dispute or difference and the question of full performance of the Engineer of the obligations herein imposed shall be submitted to a board or arbitration to be selected in the following manner: Unless otherwise provided by law, the parties cay agree upon one arbitrator; otherwise, there shall be three, one named in writing by each party, and the third chosen by these arbitrators. Provided, however, that if either of the parties hereto shall fail to name an arbitrator within ten (10) days after being requested in writing to do so by the other, the arbi trator so named by the latter shall be and act as the sole arbitrator; and provided further, that in the event each of the parties names an arbi trator but the arbitrator so selected shall fail to select a third within ten (10) days, then he shall be designated by the presiding officer of the Bar Association nearest the location of the work. If there be more than one Bar Association in such locality, it shall be the senior associa tion or the one longest established. The decision of the arbitrator or arbitrators shall be in writing and shall be final. (SEE APPENDIX "B") Article 12. Subcontracts The Engineer will not employ any Subcontractor without the prior written approval of the Owner and the Engineer will require each such Subcontractor to execute a contract in writing containing provisions similar to all provisions of this contract which are in any way applicable to such Subcontractor and which will obligate such Subcontractor to comply with and perform all such pro visions. Nothing herein shall be deemed to create a contractual relationship between any such Subcontractor and the Owner. Article 13. Assignment The Engineer shall not assign or sublet this contract in whole or in part nor shall the Engineer assign any moneys due or to become due i thereunder with out the prior written consent of the Owner. Article 14. 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. ASARCO ELP 0007467 6 Article 15. Entirety Clause This contract constitutes the entire a g r e err.en t _ be tween the parties, and except as way be specifically set forth herein no changes can be made except by an agreement in writing duly executed by the parties or their duly authori zed agen ts. Artie!e 16. Additional Provisions (Add such additional provisions, if, any, as the particular job required.) (SEE APPENDIX "B") FOUTS, LANGFORD, GOV.EZ, MOORE. 1N < Engineer ^_________ By /vice President \J Title. By Title ASARCO INCORPORATED Owner 3 .0:11 &irph2sing Agent ASARCO ELP 0007468 Appendix "A To Contract Form PD-58 ^Reimbursable costs" shall be the sum of the costs to the Engineer of t'fie following items: / Direct cost of current actual salaries for al 1 Engineer's/employees who actually contribute time to the project in proportion to the time they devote to it. These salaries are to be/in accord- nce with the hourly wage rates shown on Exhibit^B" attached. In^ddition to the direct salaries, Engineer will be paid percent (_____ %) of such salaries to cover all/fringe benefits whichNi nc 1 ude payroll taxes and insurance, vacation, sick leave and hol\day allowances. The total for l\em A will be the direct salai les, plus. (_____ %) for fringe benefits. .percent B. Overhead as perVent (_____%) of the total of Item A above. C. Actual cost of all out-cnf - pocket expenses incurred by Engineer in the performance of this workNwhich will /include: Actual traveling and 1 i vi ng \xpenses for all personnel when required to leave the District Office oa,d/iies.direc11y applicable to the job. Telephone, telegraph, o f f i c e etfu l p'- ent andsupplies blueprints, postage and other minor expenses di/ectly gnpli cable to the Job. Required inspection and /testing. No salaries of the Engineer's executive officers, including and above General Manager, andjKo part of the expensesNof conducting theContractor's Main Office oy regularly established Branch Offices, and no over head expenses of 7ny kind, except as above provided, shall be included in the cost of/The Job unless otherwise expre\sly provided herein. 11 i sagreed tdiat th e Engineer's "Reimbursable Cost"\^hall be increased or decreased, as the case may be, by an amount equal to the total the following: Routine changes in salary and wage rates and any statutory changes payroll taxes. Extra cost of any premium time, or overtime in excess of Ll\e regu lar work week, plus______% for fringes affected by the extra cost on such premium time or overtime. All overtime must be first, ap proved by the Owner. /''"N ASARCO ELP 0007469 August 30, 1979 Mr. Carl Glazer, Engineer El Paso Smelting Works ASARCO, Inc. El Paso, Texas Dear Carl: This letter is to provide you with a proposal for the HVAC, plumbing, electrical and architectural design working drawings necessary to remodel the existing bath house into a lunchroom facility. The work to be done is defined in the enclosed scope of the work. We are also enclosing an hourly rate schedule which can be used to evaluate any cost on work necessary outside the scope of the work. Our proposal is to provide the working drawings necessary to accomplish the building use chance by October 5, 1979. Our fee for this work will be $10,250.00. Thanks for your consideration on this project. If this proposal is acceptable to you, please sign below and re turn a copy to us. Sincerely yours. Date *7-/3- tn (") POUTS Li D SC*.<EZ MOORE, INC. w executive center elvd. SUITE 130 EL PASO. 7X 7S?02 ASARCO ELP 0007470 APPENDIX "B" Article 16, Engineer's Riant to Terminate Work. If the Owner fails to meet the conditions of the contract, the Engineer shall have the right to terminate the contract and be compensated for that portion of the work completed upon termination. Article 7. Add paragraph: "Engineer shall have a note on the draw ings advising that this work is designed only for the El Paso Smelting Works of the American Smelting and Refining Company." Article 10. Add paragraph: "If the Owner terminates the contract, he shall compensate the Engineer for that portion of the work com pleted at the time of termination." Article 11. In Paragraph 1, second line, change "plans and specifi cations" to "scope of the work". )o ASARCO ELP 0007471 iERICAN SMELTING AND REFINING C fORM tt INSURANCE-1 Reeieed 9/ \NY INSURANCE-CERTIFICATE AMERICAN smelting and refining company rcouiremcnts for contractors and sudcontractors . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCR | DEO DELOW HAVE DEEN ISSUED TO ___ Fonts, Langford, Gomez, Moore, Inc. THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND. REFINING company ON CONTRACT Design of Compliance Facilities at51 Paso. Texas 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 RFFIN1NG COMPANY. ATTN---------------- .X---------------------------------------------------------------- PLANT MANAGER. KIND OF INSURANCE NUMBER DESCR PTION OF POLICY EXPIRES limits of liability RE0U IRCD M. INI PJM contractor's public LIABILITY (COM?REHENS 1VE INCLUDING CONTRACTUAL)' BODILY-INJURY PROPERTY-DAMAGE contractor's PROTECTIVE LIABILITY TMP306 4568 7EEF3TJ5 4568 BODILY-INJURY PROPERTY-DAMAGE TKP306 4568 Ti'lP 306 12-13-80 12-13-80 EACH OCCURRENCE S EACH OCCURRENCE S 500,000. 100,000. 12-13-80 12-13-80 EACH OCCURRENCE S 500,000. EACH OCCURRENCE S , 100,000. 5300.00) 5 25.000 $300,000 $ 25.000 AUTOMOBILE BOD ILY-INJURY PROPERTY-DAMAGE * WORKMEN'S COMPENSATION AND employer's liability CCP390 9671 CCP390 9671 WC338 9050 WC338 qnsn 03-01-80 03-01-80 EACH PERSON S EACH OCCUR'.INCE t F.ACII OCCURRENCE S 250,000. 500,000. 100,000. * 03-01-80 Texas - Statutory 03-01-80 EACH OCCUHRF.NCE S 100,000. sioo.coo 5300.000 S 25.000 COMPLY W ITJI APPLICADLE STATE LAW $ 25.COO date June 7, 1979 Transcontinental Insurance rnrunsn; INSURANCE COMPANY El Paso, Texas CITY | STATE ALEXANDER & ALEXANDER OF TEXAS, INC. AUTHORIZED REPRESENTATIVE Tbe Contractor ebell her.lee. end indennify tbe Owner fro. .ml eSeiet .ey expenee. J*> or_<!. = c on account ef eny cleic.. dee-end or ,oit redo by tny pereon wbo.eoerer, includinj any .rployo. of tbe Owner, *Ticb ia in er.y wty caused -f or connected witK, or jro.e out of the execution er.d perfor.ence of tliie contrect by tbe Contrector or eny Subcontractor; pre- Tided. bo.ewor, tb.t tbe Contr.ctor ebell not be required to inJcrnify tbe 0'er exeinet eny loee ceve.d .ololy by nrIl- tenc. or willful feu 11 of tbe Owner or it. erplojwee. Tbe Contrector .ccople ell rieb. of injury or d...j0 end ell re.pon. eibility for eny cleiae for deeijel wbeteo.eer r.eultin* fro. tbe oee. .ieuee. or feeler, of eny boiel. rilcinS, blccbinC. effoldinj, or otb.r libe or unlile equijeent need by tbe Contrector or eny Subcontractor, eren tboub eucb oquip.ent b f reiebed or loened to tbe Contrector or eny eucb Subcontretlor by tbe Owner. end .bell inde.nify tbo Oener exeinet ell fwclb ASARCO ELP 0007472 Mr. Carl Glazer, Engineer El Paso Smelting Works ASARCO, Inc. El Paso, Texas ' Dear Carl: This letter is to provide you with a proposal for the HVAC, plumbing, electrical and architectural design working drawings necessary to remodel the existing bath house into a lunchroom facility. The work to be done is defined in the enclosed scope of the work. We are also enclosing an hourly rate schedule which can be used to evaluate any cost on work necessary outside the scope of the work. Our proposal is to provide the working drawings necessary to accomplish the building use change by October 5, 1979. Our fee for this work will be $10,250.00. Thanks for your consideration on this project. If this proposal is acceptable to you, please sign below and re turn a copy to us. Sinceyely yours. ohn Morrison, PE SDate ___________ --A-*?? V_____ :/ FOUTS LANGFORD GOMEZ MOORE, INC. 444 EXECUTIVE CENTER BLVD. SUITE 130 EL PASO. TX 79902 (915) 544-4740 ROBERT FOUTS AIA JIM lA'.SFORD AIA JOSE M. GOMEZ ASA MEFVSN MOORE AIA ROBERT E EORUMDA PF mm, MOEt'Snw P= ASARCO ELP 0007473 FEE SCHEDULE FOR ARCHITECTURAL AND ENGINEERING SERVICES Following are the hourly charges for this firm: Principal Architects Principal Engineers Interiors Architect Staff Architects Sr. Draftsmen/Designers .Draftsmen II/Designers Draftsmen I Bookkeeper Administrative Secretary Typist Consultants' fees shall be charged at 1-1/2 times their charges to our firm Effective 1 July 1979 Mec.KAi'JiOAt_ &o<c,iKie_t $50.00/hr. $45.00/hr. $35.00/hr. $30.00/hr. $25.00/hr. $22.00/hr. $18.00/hr. $25.00/hr. $18.00/hr. $15.00/hr. A3o-oo/ He. ASARCO ELP 0007474 Scope of FLGM, Inc.'s work for changing the existing bathhouse into a lunchroom. Architectural Work Provide plans, details and specifications to locate and construct new doors or windows, fill in some existing windows, provide new type windows, provide new floor and wall finishes, provide new toilet partitions, move gang sinks, remove existing lockers, fill in slab where lockers are removed, remove existing showers, redo existing ceiling and do studies and make recommendations pertinent to provide an adequate lunchroom in accordance with governing codes, ordinance, and laws. Electrical Work Redo lighting to provide fluorescent lighting, chase conduit into walls, provide adequate number of outlets and electrical service, provide electrical service to new HVAC equipment with controls as required. Mechanical Work As indicated on the enclosed letter from Robinet and Avery. It is our understanding that field observation will be done on an on call basis and be charged at hourly rates. ASARCO ELP 0007475 robinet: consulting engineers 4171 NORTH MESA STREET, C-107 (915) 532-4224 S. avery incorporated EL PASO, TEXAS 79902 August 17, 1979 Fouts Langford Gomez Moore, Inc 444 Executive Center Blvd. El Paso, Texas 79902 Attn: Mr. Joe Melendez Dear Joe; In confirmation of our phone conversation of August 15, 1979, we can complete the HVAC design and plumbing for the remodeling of the exist ing bathhouse into a lunchroom at ASARCO for $3,500.00. Our design effort will include: 1. A water wash air system to pressurize the building, including a filtering system in accordance with their criteria. 2. Plumbing sufficient to remove existing shower columns, relocate existing washfountains, and add one small wash basin in each side of lunchroom for utensil clean up. 3. Revamp heating system. 4. Outline specification to be included on the drawings. 5. Equipment submittal review. 6. One inspection trip at start-up. Thank you for the opportunity to be of service to you. Sincerely, /Q)I^Oa^L/ William J. Robinet, T.E. { WJR/sae \ ASARCO ELP 0007476 -J ARCHITECTS -v'l--iL--l L_ ENGINEERS August 30, 1979 Hr. Carl Glazer El Paso Smelting Works ASARCO, Inc. El Paso, Texas Re: ASARCO Bathhouse and Lunchroom Dear Carl: As we had previously discussed, there was a' certain amount of extra work done by FLGH in preparing the documents to construct the new lunchroom and bathhouse facilities at ASARCO and also in agreement with our contract, we would be paid at an hourly rate for this additional work. The additional work that we did on the project, which was not defined in the contract but was needed and you advised us to go ahead on, is: 1) To study the roof of the bathhouse and work out a drainage system as Featherlite had not done so on their drawings. 2) To specify a roof membrane and insulation system and to' work out details to provide for drainage from this system, to waterproof the building in compliance with the above plan on the bathhouse and also on the lunch room. 3) Design a boiler room for the lunchroom and the bathhouse and come up with details for their construction. 4) Study and come up with vestibule location and layouts for the bathhouse as this was varied during the course of our making up working drawings for the project. As I previously discussed with you, I felt that we could pick up a certain amount of this as you felt that we were going to do it even though it was not stated directly in the contract. What I feel is probably fair is for us to split the cost on this extra work, 50 percent for you and 50 percent for us. The extra hours included to provide this work were: John Morrison, Engineer 19-1/4 @ $35 per hour $673.75 Johnny Roberson, Draftsman 53-1/2 0 $18 per hour $963,00 TOTAL $1,636.75 Consider this to be a billing for $818.37 "A FOUTS LANGFORD GOMEZ MOORE. INC. 444 EXECUTIVE CENTER BLYO. SUITE 130 EL PASO. TX 79902 j ( 915 ) 5^-4740 ASARCO ELP 0007477 Hr. Carl Glazer Re: ASARCO Bathhouse and Lunchroom August 30, 1979 Page Two If you have any questions on this, please contact us. We will be happy to work with you on them. Thanks again, we are looking forward to working with you on changing the old bathhouse into a lunchroom. Sincerely yours, John Morrison, PE v_________________________________________ _ FOUTS LANGFORD GOMEZ MOORE. INC. AAA EXECUTIVE CENTER BLVD. SUITE 130 EL PASO. TX 79902 (915] SAA-A1A0 ASARCO ELP 0007478 INVOICE i'cm ARCIimiCTUIIAL SL'IIVICE AIA DOCUMiNT CP02 pROjrcr (Name,address) Design of Compliance facilities for ASAItCO, Incorporated El Paso, Texas TO: rAmerican Smelting and Refining CoTI TO Box 1111 El Paso, Texas 79999 |_Attn: Mr. Carl Glaser _| daic 29 August 1979 INVOICC NO: Ono ARC! IITECT'S PROJCCT NO: 79-05-0G engineering There is due at this time fornrvhncctnraf services'amf-rvtmborsnblcuernstrn the above Project, tire sum of: Fifteen Thousand Fifty and 00/100------------------------ ---------------Dollars $15,050.00 Tire present status of the account is as follows: In accordance with Contract dated May 16, 1979 Completion of plans and specifications for HVAC, plumbing and architectural work for compliance facilities $15,050.00 EL PASO SMELTING WORKS ENGINEERING DEPT. AUG/a 1 1979 ,o 7^<y/-7 /oooo C5bru ARCHITECT: Fouts Langford Gomez Moore, Inc. 444 Executive Center, Suite 130 El Paso, Texas 79902 BY: ADDRESS: ---------- 1- isys^ge^r/John AIA DOCUMENT OOOl INVOICC TO* AtCH|lC(.IUK*i SCfvICf * A*5l UFO CCmTiOn A.AJV ,1770 THE AMttlCAN iNStlTUlf Of A1CHIUCIS. 1733 NEW YOftK AVE., N.W.. WASHINGTON. O.C. 30003 G. Morrison, PE DATE. , MATERIAL REQUISITION r3A 7 ^_______ El Paso Plant JLcDEPT, OU 77 Req. # Equipment #m Time of Issue -- Day Night D Expense *t_____ Description of Work Ouont. Requested DESCRIPTION Umt ol Ouont, luue Issued Oast hem st Val. -- OrtTfy. .JTc2?-7`3,,. __.e V -_3c> Do loo 5-j\ -- .....------------------------------------- ----------------------------------------- Tb n^. _zr: Ftc-r|iii'.itinn<a(. . ________________ l:\unil Uy__ S. f''t' ASARCO ELP 0007479 July 17, 1^7 9 Me- ers returning hc-.revrith ell copies of contract signed end executed with routs, Lr.ngford, Gor.o.r, Moore, Inc. to cover t,h...ac Cccic-r. of cr i- <. Ccrr-IJ&rce re.ciiitJ.es referred to therein. in ccoorc&nca \*lth Tlorse have the con- treater c: :-1r. 1t e 1 vhrrc ve hr.vc r.r.ic- refcrenc-a to -,1 <i i.c., ptecs 1, o end 6, rch r. ri"'ir e. i < re.ct r.r.o one oc; rrrV.c?., to this of: our roc rd purposes. You will Verb lurches<no Drnr;t"cnt Scr 17Y-I547 hr.s beer. i . L U A. v to this contrac---t----f-o---r- -r-e---f-e---r-s-------a nurporcc. I.s torn e.c the terh is cc:.plat crl to the catir.fecticr. of nil concerned, the invoices should be paid locally vithout refer ones to this office. Hovcvcr, c copy should bo cent to Kev icr recording. TO'.; t eth /ittGCh. cc: R. O Covington F. O. Kittver / 7-W-fl ASARCO ELP 0007480 Enfrinccrinc, Arrhitccturnl And/Or Consulti Services Contract Form IU-58 t Order No. __________ CONTRACT FOR DESIGN OF COMPLIANCE FACILITIES (Insert name of job) ASARCO Incorporated's Plant at_____________ El Paso, Texas__________________ (Insert town and state) 1 Paso THIS AGREEMENT, made the I6frh day of M*V 19 Jl by and between Fonts, l.-antlford, O^mez, .-vlooie, Inc.whose address is 444 Executive Center Blvd. Suite 130,___El Paso. 'Texas 79902(hereina f ter called the ASARCO Incorporated "ENGINEER") and X^jaCXXXXXXXEKXXBXBEra^ a corporation of the State, of New Jersey, whose address is 120 Broadway, New York, N.Y. 10005 and P. o Box 1 111, El Paso, Texas 7999 9 (Insert eddr ess of plant or unit) (here inafter call ed th e "Owner"). KIT K E: s s E T H: The Engineer and the Owner agre:e as follows : Artie lo 1. Scope of W ork The Engineer shal 1 furnish and perform the various services required for Prep a ring plans s.nd specifications for If VAC, plumbing and architectural work for compliance facilities as outlined in the specifications listed below. Any,attachments referred to are incorporated herein by reference and made a part hereof. Fonts, Langford, Gomez, Moore, Inc:, proposal dated May 10, 1979 Appendix "B" ASARCO ELP 0007481 2 t. Article 2. Time of Completion The services outlined above shall be commenced on or about and shall be completed on or aboutJune 30, 1979 . Va v ! A. 1 Q 7 9 Article 3. The Contract Price. In consideration of the performance of the Contract, the Owner agrees to reimburse tli t Engineer as follows: Engineer's fee in the amount of 1 5, 050. 00for performance of work plus the reimbursable costs specified as follows: xAsCXiXkKK3dxXKXHlfXK0kkX3?A}tXX X&KXSCX ASARCO ELP 0007482 3 Article 4. Progress Payments (If Specified under Article 3) (a) Upon receipt of written notice in the form of a final certificate from the Engineer that the work is ready for final inspection and acceptance the Owner shall promptly wake such inspection, and if and when it finds the work acceptable under the Contract and that the work provided for in this Contract has been completed, the entire balance due the Engineer, including the amount of his fee, shall be paid by the Owner to the Engineer within 30 days after the date of acceptance of the work by the Owner. (b) Before issuance of the final certificate, the Engineer shall submit evidence satisfactory to the Owner that all payrolls, material bills, and other indebtedness connected with the work have been paid, and that the work is free of all liens and encumbrances. In case of disputed indebtedness or liens the Engineer may submit, in lieu of evidence of payment, a surety bond in form sat isfactory to the Owner, guaranteeing payment of all such disputed amounts. Article 6. Insurance The Engineer shall maintain such insurance as will indemnify it against claims made under Workmen's Compensation Acts and against any other claims for damages for personal injury, including death, which may arise from operations under this contract, whether such operations he by the Engineer or any of its subcontractors or anyone directly or indirectly employed by either of them. Prior to commencement of this work the Engineer shall file with the Owner completed certificates of insurance in the form of the "Insurance Certificate" attached and shall provide insurance coverage in amounts not less than those stated herein with companies acceptable to the Owner. It is understood Engineer will maintain insurance coverage in such amounts and for such periods as are sufficient to protect Owner from any liability as a result of the professional errors and/or omissions of the insured (Engineers/ Architects) or any person employed by the insured, and will furnish evidence of the same to Owner. Article 7, Title to the Work All drawings, specifications survey reports, models and other items in cluded in the scope of the work completed or in the course of completion and furnished by the Engineer shall he and become ihc property of the Owner at the ASARCO ELP 0007483 4 completion of this agreement or.upon its cancellation, and the said items may be used by the Owner entirely at its own discretion as it may deem advisable at any time. Drawings, specifications survey reports and other data shall at all times be treated as confidential by the Engineer. This clause shall survive the termination for any reason of this agreement. The Engineer agrees that the Owner shall have full and exclusive mechani cal, process and design patent, copyright, and/or Trademark rights in this country- and abroad on all of the Engineer's work for the Owner insofar as they pertain to the services or work being performed hereunder, without extra cost to the Owner. The Engineer agrees at the Owner's request to cause the person or persons making any invention or inventions in connection with the concep tion or development of the Owner's processes, products or plants hereunder, to sign all papers necessary for Letters Patent on said invention or inventions which Owner shall have prepared, provided said person or persons shall be in the employ of the Engineer upon presentation of said papers for signature, and to execute any and all assignments necessary to vest all right, title and interest in and to said inventions, applications and patents in the Owner. It is understood that no costs orexpenses of any kind in connection with obtain ing the aforesaid patents, application and assignments shall be imposed on or borne by the Engineer or by any person associated with tjye Engineer. (See Appendix "B") Article 8. Status of Engineer and its Personnel It is understood and agreed that the status of the Engineer hereunder is that of an independert contractor, that the personnel of the Engineer perform ing services or work hereunder shall under no circumstances be deemed to be employees of the Owner, and that any workmen's Compensation Insurance coverage for such personnel will be the -sole responsibility of the Engineer. Notwith standing the aforesaid understanding, the general instructions of the Owner in connection with accomplishing the work to be done hereunder shall be followed by the personnel of the Engineer. During tenure of contract, Owner shall have prerogative to request changes in personnel of Engineer's employees assigned to this work when in the opinion of the Owner their work is not conducive to required scope of work. Article 9. Compliance with Laws and Ordinances If for any reason the Engineer's or any of its Subcontractor's employees or agents acquire a status imposing liability on the Owner for ernployer's'con tributions or taxes under the Federal Insurance Contribution Act, the Federal Unemployment Tax Act, any State Unemployment Tax Act, or any other Act, Statue or Regulation thereunder, the Engineer shall be exclusively liable for, and shall indemnify the Owner against., the same and it agrees to comply with all such laws and regulations so as to relieve the Owner from any and all liability therefor and from the responsibility of making reports or keeping records with respect thereto. Article 10. Owner's Right to Terminate Contract If the Engineer should commit an act of bankruptcy, or make an assignment for the benefit of creditors, or if a receiver of the Engineer's property should be appointed, or if the Engineer should fi1e a vo1untary petition in bankruptcy, or if a trustee of the Engineer's property should be appointed under the re organization or readjustment, provisions of the Bankruptcy Act, or if the Engin eer at any time should refuse or neglect to supply sufficient properly skilled ASARCO ELP 0007484 5 personnel, or if he should fail to make prompt payments to subcontractors, or disregard applicable laws or ordinances or the instructions of the Owner, or should lie otherwise violate any provision of the contract and fail to correct such violation promptly after service of written notice thereof by the Owner, then the Owner may, without prejudice to any of its other rights or remedy in the premises, terminate the employment of the Engineer, take possession of drawings, specifications, surveys, models, etc. and finish the work by whatever method the Owner may deem expedient. (See Appendix "B") ^ /u Article 11. Arbitration In case of any dispute or'difference which may arise as to whether the work done hereunder shall fail to comply with the plans and specifications or with any of the provisions of this contract, such dispute or difference and the question of full performance of the Engineer of the obligations herein imposed shall be submitted to a board or arbitration to be selected in the following manner: Unless otherwise provided by law, the parties may agree upon one arbitrator; otherwise, there shall be three, one named in writing by each party, and the third chosen by these arbitrators. Provided, however, that if either of the parties hereto shall fail to name an arbitrator within ten (10) days after being requested in writing to do so by the other, the arbi trator so named by the latter shall be and act as the sole arbitrator; and provided further, that in the event each of the parties names an arbi trator but the arbitrator so selected shall fail to select a third within ten (30) days, then he shall be designated by the presiding officer of the Bar Association nearest the location of the work. If there be more than one Bar Association in such locality, it shall be the senior associa tion or the one longest established. The decision of the arbitrator or arbitrators shall be in writing and shall be final. (See Appendix "B") Article 12. Subcontracts The Engineer will not employ any Subcontractor without the prior written approval of the Owner and the Engineer will require each such Subcontractor to execute a contract in writing containing provisions similar to all provisions of this contract which are in any way applicable to such Subcontractorand which will obligate such Subcontractor to comply with and perform all such pro visions. Nothing herein shall be deemed to create a contractual relationship between any such Subcontractor and the Owner. Article 13. Assignment The Engineer shall not assign or sublet this contract in whole or in part nor shall the Engineer assign any moneys due or to become due it hereunder with out the prior written consent of the Owner. Article 14. 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. ASARCO ELP 0007485 6 Article 15. 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 except by on agreement in writing duly executed by the parties or their duly author ized agents. Article 16. Additional Provisions (Add such additional provisions, if any, as the particular job required.) (See Appendix "B") FOUTS, LANGFORD, GOMEZ, V.OORS:, IXC. Engineer By Ti tie X//na ASARCO Incorporated Owner By Ti tl c Purchasing Agent ASARCO ELP 0007486 Appendix "A" To Contract Form PD-58 "Reimbursable costs" shall be the sum of the costs to the Engineer of the following items: A. 1. Direct cost of current actual salaries for a 11 Enginccr's employ ees who actually contribute time to the project in proportion to the time they devote to it. These salaries are to be in accord ance with the hourly wage rates shown on Exhibit "B" attached. 2. In addition to the direct salaries, Engineer will be paid percent (_____ %) of such salaries tp cover all fringe benefits which include payroll taxes and insurance, vacation, sick leave and holiday allowances. The total for Item A will be the direct salaries, pluspercent (_____ %) for fringe benefits. B. Overhead aspercent (_____%) of the total of Item A above. C. Actual cost of all out-of-pocket expenses incurred by Engineer in the performance of this work which will include: Actual traveling and living expenses for all personnel when required to leave the District Office on duties directly applicable to the job. Telephone, telegraph, off i ceequipment andsupp1ies blueprints, postage and other minor expenses directly applicable to the Job. Required inspection and testing. No salaries of the Engineer's executive officers, including and above General Manager, and no part of the expenses of conducting the Contractor's Main Office or icgularly established Branch Offices, and no over head expenses of any kind, except as above provided, shall be included in the cost of the Job unless otherwise expressly provided herein. D. It is agreed that the Engineer's "Reimbursable Cost" shall be increased or decreased, as the case may be, by an amount equal to the total e f f ec t of the following: 1. Routine changes in salary and wage rates and any statutory changes in payroll taxes. 2. Extra cost of any premium time, or overtime in excess of the regu lar work week, plus______% for fringes affected by the extra cost on such premium time or overtime. All overtime must be first ap proved by the Owner. ASARCO ELP 0007487 AMERICAN SMELTING AND REFINING COMPANY * FORM tt insurance-) n.ti.ed 3 __________________._________________________________________ INSURANCE-CERTIFICATE; AMERICAN SMELTING AND REFINING COMPANY RCOUIREMCNTS FOR CONTRACTORS AND SUBCONTRACTORS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRI DEO DELOW HAVE DF.EN ISSUED TO ___ !. Fouts, Langford, Gomez, Moore, Inc. THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING company on contract Desj-gn Compliance Facilities_____ _ . atEl Paso. Texas _________________________________________________ ______ IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS* PRIOR WRITTEN NOTICE WILL DE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND RFFINING COMPANY. ATTN_________ Kelly PLANT MANAGER. KIND OF INSURANCE NUMBER description of policy expires LIMITS OF LIABILITY REQUIRED MINI MUM CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)* BODILY-INJURY PROPERTY-DAMAGE TMP306 4568 "THF'JO'6 4568 CONTRACTOR'S PROTECTIVE LIABILITY BODILY-INJURY PROPERTY-DAMAGE TMP306 4568 TMP306 4568 AUTOMOB 1LE BODILY-INJURY PROPERTY-DAMAGE WORKMEN'S COMPENSATION AND employer's liability CCP390 9671 CCP390 9671 WC338 9050 WC338 9050 12-13-80 12-13-80 each occurrence s EACH OCCURRENCE $ 500,000. ^qq qqq 12-13-80 12-13-80 EACH OCCURRENCE S 500,000. EACH OCCURRENCE $ ,,,,,, 100,000. 03-01-80 03-01-80 EACH PERSON J EACH OCCUR'."NCE S EACH OCCURRENCE S 250,000. 500,000. 100,000. 03-01-80 Texas - Statutory 03-01-80 EACH OCCURRENCE $ 100,000. $300,003 $ 25.000 $300,000 S 25.000 $100,000 $300,000 $ 25.000 COMPLY W ITH applicable STATE LAW 5 25.000 DATE June 7, 1979______________ Transcontinental Insurance ciompany INSURANCE COMPANY El Paso, Texas CITY ' STATE OF^TEXAS, INC. AUTHORIZED REPRESENTATIVE Tfc* Contractor shall iit harmless and indemnify tKe Oner fro* and ag#nat any expanse, Ic*a or ^oig# on account of any cl tin, demand or suit msde by any peraon *homsoe*er, including any employee of the Owner, *hich is in any way cauaad by or connectad with, or grows out of tha ax-cution and performance of thia contract by tha Contractor or any Subcontractor; pro vided, howetor, that tha Contractor ahall not ba required to indemnify tha Owner against any loss cauxed aololy by negli gence or willful fault of the Owner or ita employ*#*. The Contractor accepts all risk of injury or damage and all respon sibility for any claitj* for damages whatsoever rasulting free the uae, disuse, or failure of any hoiat, rxgqing# blocking* scaffolding, or other like or unlike equiprent uatd by the Contractor or any Subcontractor, even though aucb equipment ba furnished or loaned to the Contractor or any aueh Subcontractor by tho Oaner* and shall indemnify the 0nor against all such claims* - ASARCO ELP 0007488 ARCHITECTS ENGINEERS May 10, 1979 Mr, Carl Glaser, Engineer American Smelting and Refining Co. El Paso Smelting Works El Paso, Texas Dear Mr. Glaser: I would like to thank you for giving us your time and consi dering us for this work. This letter is written to provide you with a proposal for the HVAC, plumbing and some architectural work as defined in the enclosed scope of work. We are also enclosing an hourly rate schedule which can be used to evaluate any cost on work neces sary outside the scope of work. We can do the work indicated in the scope of the work for $15,050.00. If this is acceptable to you and ASARC0, please indicate by signing one copy of this letter and returning it to us. Once again, thank you for your time and consideration. Sincerely, Date 5~~ /f-*79 _____________________________________________________________________________________ FOUTS LANGFORD GOMEZ MOORE, INC* 444 EXECUTIVE CENTER BLVD. SUITE 130 EL PASO, TX 79902 ------- * -------------~ I^rc < ai a uctviki urvntP AIA IORFIT I. IOKUNDA P ______ j (915] 544-4740 john wowison re ASARCO ELP 0007489 Scope of FLGH Inc.'s Work for Bathhouse and Lunchroom at the El Paso Smelting Works of the American Smelting and Refining Co. Architectural Work 1) Provide slab plans and details at perimeter walls, doors, interior walls, toilet areas, shower areas, and at lockers. 2) Provide all necessary window, door, locker and toilet partition details. 3) Advise ASARCO on wall ceiling and floor finishes. 4) Provide specifications on the drawings for materials that will be shown on FLGM drawings. Mechanical Work 1) HVAC and plumbing system design study A complete system design study shall be made and a system schematic to be developed. This schematic shall be presented to the owner for his approval. The engineering concept shall be based on the ASARCO specifi cations - EA-37-EP. 2) Drawings Complete detailed drawings shall be prepared to be adequate for construction purposes, and in compliance with the El Paso Building Code. Preliminary estimate of drawings to be made: A. HVAC drawings a. Bathhouse 1. Equipment schedules and controls 2. Floor plan 3. Roof plan 4. Section and details b. Lunchroom 1. Equipment schedules and controls 2. Floor plan 3. Roof plan 4. Section and details ASARCO ELP 0007490 B. Plumbing drawings a. Bathhouse 1. Under floor plan 2. Floor plan 3. Riser diagram and fixture schedule b. Lunchroom 1. Under floor plan 2. Floor plan, riser diagram and fixture schedule 3) Specifications A complete HVAC equipment and plumbing specifications for both buildings shall be furnished. Job Observation 1) To be done at owner's request and billed at hourly rate. . ASARCO ELP 0007491 FOUTS LANGFORD GOMEZ MOORE, INC. FEE SCHEDULE FOR ARCHITECTURAL SERVICES (HOURLY RATES) FOR ASARCO JOB Effective 1 June 1979 Category Persons Rates per hour Architects Engineers Interiors Architect Staff Architect Sr. Draftsman/Designers Draftsman II/Designers Draftsman I Accounting Secretary Administrative Secretary Typist Fouts Langford Gomez Moore Melendez Borunda Morrison Hansel Anderson Thacker Tarln Aguilar Scheirman Corona Lopez Thigpin Gallup Roberson Alarcon Simms Tice Gonzalez $45.00 $45.00 $45.00 $45.00 $35.00 $35.00 $35.00 $35.00 $30.00 $25.00 $21.00 $21.00 $21.00 . $21.00 $20.00 $20.00 $20.00 $18.00 $18.00 $20.00 $17.00 $14.00 Consultants' fees shall be charged at 1-1/2 times their charges to our firm. t ASARCO ELP 0007492 APPENDIX "B Article 16, Engineer's Right to Terminate Work. If the Owner fails to meet the conditions of the contract, the Engineer shall have the right to terminate the contract and be compensated for that portion of the work completed upon termination. Article 7. Add paragraph: "Engineer shall have a note on the drawings advising that this work is designed only for the El Paso Smelting Works of the American Smelting and Refining Company." Article 10. Add paragraph: "If the Owner terminates the contract, he shall compensate the Engineer for that portion of the work com pleted at the time of termination." Article 11. In Paragraph 1, second line, change "plans and specifi cations" to "scope of the work". ASARCO ELP 0007493 EP644 KY46S6 Mr. F.O. Wittwcr \(sik ASARCO INCORPORATED P.O. BOX 1111 El PASO, TEXAS 79039 ET-SS This Requisition Is Issued To Record Airrectaeat Entered Into Kith Pouts, Langford, Gcsset, Moore, Inc, Of 444 Executive Center lilvd. Suite ISO, El Paso, Texas 7$982 To Cover Pre paring Plans And Specifications For HVAC, Flushing And Architectural U'ork For Coraplianco Facilities, June 19, 1979 Construction- ASARCO ELP 0007494 continental casualty comr INSURANCE FROM C/VA >y Offices/Chicago, Illinois architect.' Engineers professional liability policy memorandum of insurance -- architects and engineers professional liability wmmmammammmmmmmmmmmmmmmmmmmmmmmmammmammmmBmmaaaammmmmaammaBBmamsaamaaBam To: American Smelting and Refining Company El Paso Smelting Works El Paso, Texas 79902 Attn: Mr. Carl Glaser The following policy has been issued by the Continental Casualty Company and is in force at the date indicated below: This memorandum is issued as a matter of information only and confers no rights upon, the holder. By its issuance the company does not alter, change, modify or extend the provisions of said policy and does not waive any of its rights thereunder. name of insured: FOOTS LANGFORD GOMEZ MOORE, INC. address of insured: 444 Executive Center Suite 130 El Paso, Texas 79902 policy no. AEP 821 68 88 Dated at: Washington, D.C. 2/20/79_______________to policy period 2/20/80 $1,000,000. limit of liability--per claim and aggregate (claims expenses are included in the limit) VICTOR 0. SCHINNERER & COMPANY, INC. By: ^2^6^ authorized representative 01*40115.8 ASARCO ELP 0007495 jr^ACXJunn&oorn s. F^l-- CjM loc V| <- ASARCO ELP 0007496 LA&G& TLAH &&0M p'L.^Kl luc V 2. ASARCO ELP 0007497 `oMALL. CLEAH't&aPM 1 1-- dsj /~~/l i o c. vs -)S '"H ASARCO ELP 0007498 Alexander & Alexander of Texas, Inc. 6044 Gateway Hast P.O. Box 9187 El Paso, Texas 79983 Telephone 915 778-9911 Concord Alexander g^lexander June 8, 1979 Mrs. Edith Simms Victor O. Schfnnerer & Company 5028 V-Msconsln Ave. Washington, D.C. 20016 Dear Edith: Re: Fonts La*.gford Gomez t. Moore, Inc. Pciicy fAEP821 63 83 Expiration, February 20, 1930 Please Issue a certificate of insurance or. the ccptioned policy to: American Smelting and Refining Company, Ef Peso Smelting Works, El Paso, Texas 7/902, attention: Mr, Carl Gloser. We would appreciate you'- issuing this certificate cs soon as possible ond forwarding it to us for delivery. If you have any questions, please call me. Si'cerely. Cc'icord/ALEXANDER & ALEXANDER PAP/pIp ee: Mr. Car! Gloser Asarco El Paso Smelting Works Patricia Ann Plotrowskl Including the former Concord Insurance Agencies ASARCO ELP 0007499 fr 3 LTF ARCHITECTS ENGINEERS TRANSMITTAL DATE - T - 7 1 rbt-f,-/ ~t,k\Cj SvrSA? a: .S .A J5-AJ3. -CO_______________________________________ RE: / c } lsi-- /-V7>r r5>,---/ cr t -rest?* WE ARE SENDING YOU E^AATTTl ACHED UNDER SEPARATE COVER VIA:_ ________________________ COPIES h DATE NO. DESCRIPTION _THE FOLLOWING ITEMS THESE ARE TRANSMITTED AS CHECKED >'fOR APPROVAL C2 for your info C AS-REQUESTED CS^FOR YOUR USE REMARKS. FOR REVIEW AND COMMENT 11__1 APPROVED AS NOTED APPROVED AS SUBMITTED MAKE CORRECTION NOTED . COPIES TO:_ FOUTS LANGFORD GOMEZ MOORE, INC. _SIGNED. 444 EXECUTIVE CENTER, SUIJ^130 -Pn=. _.y EL PASO, TX 79902 Csl-, [915)544-4740 ASARCO ELP 0007500 robinet consulting engineers 417L NORTH MESA STREET, C-107 (915) 532-4224 S. avery incorporated EL PASO, TEXAS 79902 May 29, 1979 Fouts Langford Gomez Moore, Inc. 444 Executive Center Blvd, El Paso, Texas 79902 Attn: Mr. John Morrison Subject: El Paso Smelting Works Dear John: On May 25, 1979, a meeting was held with you and Carl Glaser at ASARCO for the purpose of reviewing the preliminary design for the bath house and lunchroom buildings at ASARCO. Generally, the design utilizing a built-up water wash system with absolute filters was approved. Other conclusions and decisions approved are as follows: 1. Vacuums in lunchroom are not to be spec'd by us. 2. Floor drains are to be relocated toward center of rooms. Locate hose bibs inside for wash down. 3. Only the lunchroom is to be cooled and heated, not the adjacent rooms. 4. Mr. Glaser informed me that the pH balance in the air washer was not critical and that no special coatings or equipment would be needed. 5. The hot water boilers for the bath house are to be located in an adjoining concrete block building to be built for that purpose. We are also to spec a water heater for the lunchroom. 6. The built-up cooling/heating units we proposed were OK'ed. The ductwork is to be run exposed on the roof. ASARCO ELP 0007501 Page Two Mr. John Morrison May 29, 1979 7. The air washers on the units are to operate continuously until the exterior temp, drops below 40 F at which point it will shut down until the exterior temp, rises above 40F. 8. An I-beam type base was approved for the units which are to be mounted as close to a wall as possible with the long axis is the unit parallel to the wall. 9. Lockers are not to be ventilated. 10. It was pointed out that the system proposed would cost about one dollar per CFM or $67,000.00 for the bath house and approximately $10,000.00 for the lunchroom. Sincerely, ROBINET & AVERY CONSULTING ENGINEERS, INC. kuusiL uuiicy cc: Mr. Carl Glasers RT/se ASARCO ELP 0007502 r ARCHITECTS ENGINEERS May 10, 1979 Mr. Carl Glaser, Engineer American Smelting and Refining Co. El Paso Smelting Works El Paso, Texas Dear Mr. Glaser: I would like to thank you for giving us your time and consi dering us for this work. This letter is written to provide you with a proposal for the HVAC, plumbing and some architectural work as defined in the enclosed scope of work. We are also enclosing an hourly rate schedule which can be used to evaluate any cost on work neces sary outside the scope of work. We can do the work indicated in the scope of the work for $15,050.00. If this is acceptable to you and ASARCO, please indicate by signing one copy of this letter and returning it to us. Once again, thank you for your time and consideration. Sincerely, Accepted V FOUTS LANGFORD GOMEZ MOORE, INC. ROBERT FOUTS AIA JIM LANGFORD AIA 444 EXECUTIVE CENTER BLYVD. SUITE 130 EL PASO. TX 79902 JOSE M, GOMEZ AIA MERVIN MOORE AIA ROBERT B. BORUNDA PE J (915) 544-4740 JOHN MORRISON PE ASARCO ELP 0007503 Scope of FLGM Inc.'s Work for Bathhouse and Lunchroom at the El Paso Smelting Works of the American Smelting and Refining Co. Architectural Work 1) Provide slab plans and details at perimeter walls, doors, interior walls, toilet areas, shower areas, and at lockers. 2) Provide all necessary window, door, locker and toilet partition details. 3) Advise ASARCO on wall ceiling and floor finishes. 4) Provide specifications on the drawings for materials that will be shown on FLGM drawings. Mechanical Work 1) HVAC and plumbing system design study A complete system design study shall be made and a system schematic to be developed. This schematic shall be presented to the owner for his approval. The engineering concept shall be based on the ASARCO specifi cations - EA-37-EP. 2) Drawings Complete detailed drawings shall be prepared to be adequate for construction purposes and in compliance with the El Paso Buildi Code. Preliminary estimate of drawings to be made: A. HVAC drawings a. Bathhouse 1. Equipment schedules and controls 2. Floor plan 3. Roof plan 4. Section and details b. Lunchroom 1. Equipment schedules and controls 2. Floor plan 3. Roof plan 4. Section and details ASARCO ELP 0007504 B. Plumbing drawings a. Bathhouse 1. Under floor plan 2. Floor plan 3. Riser diagram and fixture schedule b. Lunchroom 1. Under floor plan 2. Floor plan, riser diagram and fixture schedule 3) Specifications A complete HVAC equipment and plumbing specifications for both buildings shall be furnished. Job Observation 1) To be done at owner's request and billed at hourly rate. ASARCO ELP 0007505 FOUTS LANGFORD GOMEZ MOORE, INC. FEE SCHEDULE FOR ARCHITECTURAL SERVICES (HOURLY RATES) FOR ASARCO JOB Effective 1 June 1979 Category Persons Rates per hour Architects Engineers Interiors Architect Staff Architect Sr. Draftsman/Designers Draftsman II/Designers Draftsman I Accounting Secretary Administrative Secretary Typist Fouts Langford Gomez Moore Melendez Borunda Morrison Hansel Anderson Thacker Tarin Aguilar Scheirman Corona Lopez Thigpin Gallup Roberson Alarcon Simms Tice Gonzalez $45.00 $45.00 $45.00 $45.00 $35.00 $35.00 $35.00 $35.00 $30.00 $25.00 $21.00 $21.00 $21.00 $21.00 $20.00 $20.00 $20.00 $18.00 $18.00 $20.00 $17.00 $14.00 Consultants' fees shall be charged at 1-1/2 times their charges to our firm. ASARCO ELP 0007506