Document RakxVG4yaQeZvm8G17R38GdjX

OrfLi fjoT November 1, 1990 Cf/wot tyi'cDU'W- Mr. Carl Glazier ASARCO P. 0. Box 1111 El Paso, Texas 79999 Re: Transite removal and demolition of Old Fan House Building Dear Mr. Glazier, Bierlein Demolition Contractors, Inc., is pleased to furnish labor and services to remove the old "Fan House Building" for the lump sum price of fifty-nine thousand nine hundred forty-four dollars ($59,944.00). Bierlein proposes the following qualifications: 1. All concrete slabs, footings, and machine piers to remain in place. 2. All scrap becomes the property of the contractor. 3. Building will be washed down before work begins. 4. No guarantee is given on maintaining the structural integrity of the adjoining "Lead Bag House Building". Should you have any questions, please contact our office or Dennis Terrian on site. We wish to thank you for the opportunity to quote ASARCO on this project. Sincerely, or. vice president - Operations PW/lk pc: Dennis Terrian Hans Geyer P.O.BOX 8078 2903 SOUTH GRAHAM ROAD SAGINAW, MICHIGAN 48608-8078 FAX: (517) 781-2752 PHONE:(517)781-1810 ASARCO ELP 0010079 12/08/00 12:04 517 7812752 BIERLEIN SAGINAW @1002 December 6, 1990 ASARCO, Inc. P.O. Box 1111 El Paso, TX 79922 Attnt Thomas E. Martin Techinieal Service Manager Dear Mr. Martin* I would like to take this opportunity to thank you for taking the time to review the possibilities for additional work at the El Paso Plant. Per your request we have reviewed our quotation on the abatement and demolition of the old fan house building, and we propose to do the transite removal and disposal portion of that work for a lump sum price of $19,938.00. This price is based on the being able to start this work utilizing, the present abatement crew.on or before the completion of current contract asbestos abatement work. We appreciate the opportunity to provide addtional service to Anareo. Sincerely, BIERLEIN DEMOLITION CONTRACTORS, INC. Charles B. Brennen Manager - Southern Region CBB/tt P.O. BOX 8078 2903 SOUTH GRAHAM ROAD SAGINAW, MICHIGAN 48608-8078 FAX: (517) 781-2762 PHONE: (517) 781-1810 ACAD/'n tr i d rn-irnDr ; j i - :*i * 1.1, i w* n*i tit*: DEMOLITION CONTRACTORS December 6, 1990 Asarco, Inc. '/'30.1 W. Paisano Dr. El Paso, Texas 79922 Attn: Mr. .Tim Rice Be: Additional Asbestos Work Time and Material Rates X?Si'i.' *J i./u Per your request for additional work, we are plea ;ed to offer the following Time and Material Rates: Asbestos Laborer Tyvek Suit Duct Tape Poly 6 Mil Spray Adhesive Disposal Bags Glove Bags Forklift Exposure Sampling Asbestos Disposal Per Hour Each Per Roll Per Roll Per Can Per Bag Per Bag Per Hour Per Sample Per Cubic lard $20.45 $2.85 $ 3.S5 $41.15 $ 3.40 $ .42 $ 4.80 $28.25 $20.00 $31.15 Overhead Profit 5% 10% be completed within IT to 15 sen seven hundred fift; - nine hundred dollars ($750.00 - $900.00). If you have any further questions, please do not hesitate to contact me. Sincerely,- BIERLEIN DEMOLITION CONTRACTORS, INC. Bertram k. Snead AsiH>stos Services Manager BSS/lk pc: Mike BierT.ein . P.O.BOX 8078 p.o. aoaasoaTH graham road 2903 SOUTH GRAHAM ROAD SAGINAW, MICHIGAN 48608-8078 SAGINAW, MICHIGAN 48608-8078 FAX: (517) 701 -2 FAXW^&S!1-1 PHONE: (517) 781-1810 ararco pi p nninnpi El Paso Plant J.R. Shaw Plant Manager L.W. Castor Operations Manager R.L. Vollmer Financial Manager T.E. Martin Technical Services Manager G. A. Parham Maintenance Manager .A.A. Gonzales industrial Relations Manager H. J. Smith Purchasing Agant ASARCO January 10, 1991 Bierlein Demolition Contractors, Inc. 2903 South Graham Road Saginaw, Michigan 48608-807 Attn: Mr. Hike Bierlein Gentlemen: Enclosed please find four copies of our contract covering the Pan House Demolition and Miscellaneous Asbestos Removal. Please sign and return all copies if the contract as written is acceptable to you. If you have any questions please feel free to contact the undersigned. Very truly yours, Ends. CG/ie CARL -GLASER Plant Engineer ASARCO Incorporated P.O. Box 1111 El Paso. Texas 79999 (915) 541-1800 Tolor>rr\ior (Qtc;\ Krfl.lQRR A<3APno fi p noinnfto DEMOLITION CONTRACTORS < January 10, 1991 Mr. Carl Glaser Plant Engineer ASARCO, Inc. 2301 West Paisano El Paso, Texas 79922 Dear Mr. Glaser: Enclosed please find the four executed copies of the contract covering the miscellaneous asbestos removal and Fan House demolition. Should you have any questions, please contact our office, and we will give it our immediate attention. We look forward to working with you on this project. Sincerely, BIERLIEN DEMOLITION CONTRACTORS. INC. Michael Bierlein President MB/jw P.O.BOX 8078 2903 SOUTH GRAHAM ROAD SAGINAW, MICHIGAN 48608-8078 FAX: (517) 781-2752 PHONE: (517) 781-1810 ASARCO ELP 0010083 C Page 1 of 11 Asarco Construction or Repairs Contract Form PD-19 Under $100,000.00 Revised 11/90 CONTRACT FOR FAN HOUSE DEMOLITION (Insert name of job) | f- at ASARCO Incorporated's EL PASO Plant at EL PASO. TEXAS (Insert town and state) THIS AGREEMENT made the 11th day of January. 19 91 . by and between _Bierlein Demolition Contractors. Inc., whose address is P.O. Box 8078. Saaninaw. Michigan 48608-8078_____ (hereinafter called the "Contractor") and ASARCO Incorporated, a corporation of the State of New Jersey, whose address is 180 Maiden Lane, New York, New York 10038 and P. O. Box 1111 (Insert address EL PASO, TEXAS 79999 (hereinafter called the "Owner"), of plant or unit) WITNESSETH: The Contractor and Owner agree as follows: Article 1. Scope of the Work The Contractor shall furnish all shop drawings, field engineering, labor, tools, equipment, transportation, materials and other facilities, except such items as are hereinafter listed as being furnished or furnished and installed by the Owner, for FAN HOUSE DEMOLITION (hereinafter called the (Insert name of job) "work") at the El Paso Plant of the Owner at EL PASO. TEXAS (Insert town and state) in accordance with the drawings and specifications listed below, all of which are incorporated herein by reference and made a part hereof: (List Specifications and Drawings) SAFETY & HEALTH ADDENDUM ADDENDUM "A" ASARCO INC., EQUAL OPPORTUNITY STATEMENT BIERLEIN DEMOLITION CONTRACTORS, INC., PROPOSAL DATED DEC. 19, 1990 "" " " CLARIFICATION LETTER DATED DEC. 19, 1990 "" " " PROPOSAL DATED DEC. 6, 1990 ASARCO ELP OOlOOfld C Page 2 of 11 article 2. Time of Completion The work shall be commencedJanuary 11. 1991 and shall be completed February 15. 1991|. Article 3. Payment (to be deleted if progress payments are to be*^made) The Owner shall pay the Contractor for the performance of this Contract, the sum of not to exceed Sixty Thousand Eight Hundred Forty Four 00/100 dollars, ($ 60,844.00), lawful money of the United States of american within THIRTY days after satisfactory completion of the work and submission by the Contractor of evidence (including, if requested, complete releases of all liens arising out of or in connection with the work by all persons, firms or corporations on whose behalf such liens could be or were filed) saftisfactory to the Owner that all charges for labor and material incorporated in the work and all other indebtedness connected with the work for which liens could be filed have been paid and that the work is free of all liens and encumbrances. article 3. Payments (to be deleted if progress payments are not to be made) The Owner shall pay the Contractor for the performance of this ccntrt, the sunN^f______________________________________________________________ dollars, ($__________ __________ )' lawful money of the United States, as follows: day of each calendar monthy/dommencing _, the Owner shall pay the Contactor percent (. _%) based on the contract prices, of th^labor and materials incorporated in the work and of iftaterials suitably stored at the site thereof up to the end of the next preceding calendar month, as estimated by the Owner, less the aggregate of previous payments; andsuDjan completion of the entire work, a sum sufficient to increase the total n^ymenthOto percent (_ .%) of the contract price. Final payment of the remaining (_ _%) of the contract price shall be du^/days after coni^i^tion of the work. Before eapn such payment is due, the ContractorNshall submit evidence satisfactory to the Owner (including, if requested, partialNtaivers, or in the case of final /payment, complete releases, of all liens arisiqg out of or in connection vUA the work by all persons, firms or corporations onswhose behalf such liens/could be or were filed) that all charges for labor ahd material incorporated in the work and all other indebtedness (except, in theN^ase of payments other than final payment, indebtedness not then due) connected wibk the worjj^ for which liens could be filed have been paid and that the work is free'xjf liens and encumbrances. ACAor.n v= i d nrnnonn; Page 3 of 11 Article 4. Payments Withheld The Owner may withhold all or part of any payment o the extent necessary to protect the Owner from loss or damage on account of (|) damaged or defective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor or the Owner, (c) failure of the Contractor to make payments properly to Subcontractors or for material or labor, (d) a reasonable doubt that this contract can be completed for the balance then unpaid, or (e) damage to the Owner's property or the work of another contractor. Article 5. Liens If any lien remains unsatisfied after payment of the full contract price has been made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs, expenses and a reasonable attorney's fee. Article 6. Guaranty Bonds If the Owner has so requested prior to the signing of this Contract, the Contractor, at the option of the Owner, agrees to furnish or permit the Owner to secure bonds in the full amount of the contract written by a surety company designated by, or otherwise satisfactory to, the Owner, guaranteeing and conditioned for the full, complete and faithful performance of this contract by the Contractor and for the payment of claims for labor performed or materials 1 furnished in connection herewith, all in accordance with the terms of the bonds. The premium for the bonds will be paid by the Owner and must not be included by the Contractor in the contract price. In the event the Owner elects to secure such bonds, the Contractor agrees to sign the required application, to furnish necessary financial statements and financial guarantees, and to otherwise cooperate with the Owner, in securing the bonds. If any change in work is authorized pursuant to the terms of this Contract, Contractor shall cooperate with Owner so as to ensure Owner's ability to secure and maintain bonds for the same. Article 7. Title to the Work Title to all work completed or in the course of construction shall be in the Owner and title to all machinery, equipment and materials to be incorporated in the work shall be in the Owner as soon.as they are delivered on the site of the job. Article 8. Inspection and Repair The Contractor shall provide safe and proper facilities at all times for the inspection of the work by the Owner, and shall as soon as practicable after written notice from the Owner, at the Contractor's sole expense, replace and repair any materials or portions of the work which the Owner, in its sole ASARCO PI P nniODRfi Page 4 of 11 discretion, shall deem defective or otherwise not in compliance with the speci fications, design or performance requirements set forth in this Contract and make good all work damaged or destroyed thereby, whether or not there shall be a dispute with respect to any of the foregoing. Any such dispute shell be settled by arbitration. r Article 9. Protection bv Contractor The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property and all persons thereon from injury, damage or loss by reason of any act or omission of the Contractor or any Subcontractor. Where such damage includes damage to the work it shall be repaired at the expense of the Contractor. The Contractor shall use its best judgement and skill in dealing with labor matters, and take all reasonable steps to avoid labor dispute. In the event of any strike or threat of strike, slowdowns, featherbedding, or other like practices, the Contractor shall apprise the Owner of all relevant facts and implications of the particular labor problem involved, and shall consult in good faith with the Owner in an endeavor to reach a mutually satisfactory solution to such labor problem and, so far as reasonably possible, to protect the Owner against delays affecting the work or damage or losses to its other operations. Article 10. Contractor's Insurance The Contractor shall, for the mutual protection and benefit of both Owner and Contractor, procure, pay for and maintain in full force and effect, at all times during the performance of the work and until final acceptance of the work, policies of insurance issued by carriers acceptable to Owner which afford the following coverages: Workers' Compensation - Statutory Employers' Liability - Not less than $100,000 Comprehensive General Liability including Independent Contractors', Broad Form Contractual, Broad Form Property Damage, Personal Injury, Completed Operations and Products coverages (such Completed Operations and Products coverages shall be provided for a period of one year after final completion and final acceptance of the work by the Owner), and deletion of any exclusion per taining to explosion, collapse, and underground property damage hazards - Not less than $1,000,000 combined single limit for both bodily injury and property damage (= i p oni nnn7 Page 5 of 11 Comprehensive Automobile Liability including Owned, Non-Owned, and Hired Car coverages - Not less than $500,000 combined single limit for both bodily injury and property damag| Contractor shall deliver to Owner, at least ten (10) business days prior to any equipment or personnel being brought onto Owner's premises in accordance with the terms of this Contract, a Certificate of Insurance evidencing the above coverages with limits not less than those specified above. Such Certificate, with the exception of Worker's Compensation, shall name Owner, its subsidiaries, directors, officers, agents and employees as additional insureds and shall expressly provide that the interest of same therein shall not be affected by any breach by Contractor of any policy provision for which such Certificate evidences coverage. Further, such Certificate shall expressly provide that no less than thirty (30) days' prior written notice shall be given Owner in the event of material alteration to or cancellation of the coverages evidenced by such Certificate. Article 11. Indemnity by Contractor Contractor hereby agrees to protect, defend, indemnify and hold harmless the Owner, its affiliated companies and their directors, officers, agents, servants and employees (hereafter individually And collectively referred to as "Indemnitees") from and against any and all penalties, fines, awards, settlements seand losses (economic or otherwise) suffered or incurred by the Indemnitees on account of any suit(s), action(s), demand(s), claim(s), proceeding(s), liability or damages of any character and from and against all costs and expenses, including attorney fees incidental to the defense and settlement of the same whether alleged, threatened or commenced by or in favor of any governmental or other entity or by any person or persons against the Indemnitees on account of the violation of any applicable laws or ordinances, personal injury (including death, disability, sickness and any loss arising therefrom) or environmental, property (including the loss of use resulting therefrom) or other damages, arising out of, alleged to arise out of or in any way otherwise attributable in whole or in part to the acts, errors, negligence, omissions (including but not limited to the failure to observe Owner's safety rules and all applicable laws, regulations and ordinances) or misconduct of Contractor, its agents, employees, subcontractors or other party under Contractor's direction or control occurring in connection with the performance or failure of performance of the services or completion of the work contracted for herein provided that Contractor shall not be required to indemnify the Indemnitees against any loss caused by the sole negligence of one or more of the Indemnitees. This indemnity shall survive termination of the Contract. The Contractor accepts all risk of injury or damage and all responsibility for any claims for damages whatsoever resulting from the use, misuse, or failure of any hoist, rigging, blocking, scaffolding, or other like or unlike equipment used by the Contractor or any Subcontractor, even though such equipment be furnished or loaned to the Contractor or any such Subcontractor by the Owner, and shall indemnify the Owner against all such claims. ASARCO ELP 0010088 Page 6 of 11 Article 12. Owner's Responsibility for Certain Casualties The Owner shall be responsible for all damage to the work, including all materials and equipment owned by Owner on or about the premises! intended for permanent use in the project or incidental to the constructicji thereof and included in the total cost of the work. The Owner may during the process of the work, maintain and pay for property insurance to cover the work during construction with such deductible as it may at its sole discretion choose or Owner may at its sole option completely self-insure same. If the Contractor desires any other insurance, beyond that provided by Owner, to protect Contractor's temporary structures, materials, hand tools, machinery and equipment, he may obtain and pay for same. Article 13. Compliance with Laws and Ordinances The Contractor shall give all notices and comply with all laws, ordi nances, rules, and regulations, bearing on the conduct of the work as drawn and specified. If the Contractor performs any work contrary to any such law, ordinance, rule or regulations, he shall bear all costs arising therefrom, in particular, but without limiting the scope ofithe foregoing, the Contractor shall, and shall cause any Subcontractor, to comply with the terms and provisions of the Occupational Safety and Health Act of 1970 and all applicable rules, regulations, orders and occupational safety and health standards * promulgated under and issued pursuant to such Act in the discharge of its duties and obligations hereunder. If for any reason the Contractor's or any Subcontractor's employees or agents acquire a status imposing liability on the Owner for employer's contri butions or taxes under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, any State Unemployment Tax or Wage Protection Act, or any other Act, the Contractor shall be exclusively liable for, and shall indemnify the Owner against, the same and agrees to comply with all such laws and regu lation 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 14, Patents The Contractor shall indemnify and save harmless the Owner against and from any and all claims, losses, costs, damages, expenses, actions or other proceedings, growing out of or resulting from infringement of any patent by the Contractor or any Subcontractor in the performance of this contract, except that this provision shall not apply to patented articles or processes specified in drawings or specifications furnished by the Owner provided any such claim is not attributable to Contractor's negligence in the use of such patented articles or processes. This indemnity shall survive termination of this Contract. asarco fi p nmnnfiQ Page 7 of 11 Article 15. Changes in the Work The Owner, without invalidating this contract, may at |ny time order extra work or make changes by altering, adding to or deducting from the work. Such order may be made by the Owner on its own behalf or at the request of the Contractor, upon discovery by the Contractor of any discrepancy between the plans and the physical conditions encountered. If such extra work or changes involve a change in cost, the contract price shall be increased or deceased by the fair value thereof. The Owner will itemize the changes to be made and upon receipt of written notice of same, the Contractor will submit promptly to the Owner, in triplicate, an itemized statement of his calculations of the adjust ment in the contract price resulting from the changes or extra work. This must be done before work on the change is begun unless the Owner gives written order to proceed immediately. No work or change shall be made, except by written order of the Owner and no claim for an addition to the contract price shall be valid unless the additional work was so ordered. Any dispute under this Article shall be subject to arbitration. Article 16. Owner's Rioht to Terminate Contract If any proceeding is instituted by or against Contractor seeking to adjudicate it a bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or seeking the entry of an order of relief or the appoint ment of a receiver, trustee or other similar official for it or any substantial t part of its property, or if Contractor shall admit its inability or fails to pay its debts generally, or shall make a general assignment for the benefit of its creditors, or if the Contractor at any time should fail, refuse or neglect to supply enough properly skilled workmen or proper materials, or if he should fail or refuse to make prompt payments to Subcontractors or for material or labor, or disregard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of this Contract which Contractor shall have failed to correct promptly after service of written notice thereof by the Owner, then the Owner may, without prejudice to any other right or remedy, terminate the employment of the Contractor for the Contractor's default and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method the Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed all the general damages of the Owner caused by the Contractor's default, including but not limited to any financial losses or expenses incurred or suffered by Owner as a result of a delay in the completion of the work and the expense of finishing the work and compensation of the Owner for the Owner's managerial and administrative service, such excess shall be paid to the Contractor. If such damages shall exceed such unpaid balance, the Contractor shall pay the difference promptly to the Owner. / AfiARP.O FI P ooi onoo c Page 8 of 11 Article 17. Owner's Right to Terminate Contract without Cause Owner may at any time terminate Contractor's services under the Contract for any reason whatsoever by giving Contractor not lessfethan fifteen (15) days' written notice of termination setting forth the effective date of termination. In the event of such termination. Owner shall pay to Contractor (a) its reimbursable costs for services performed prior to the effective date of such terminaton, less payments previously paid by Owner on account thereof, (b) all other reimbursable costs and expenses which Contractor may incur as a result of such termination, including relocation of Contractor's field personnel and such other costs and expenses as may be approved by the Owner, (c) an equitable portion of the profit based upon the actual work performed at the time of termination less any payment on account of profit which had been previously made. Except as may be otherwise expressly provided herein, Contractor shall not be entitled to demand any damages, compensation or indemnity of any kind as a consequence of such termination. Article 18. Correction of Work after Payment Neither payment nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship and the Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom which shall appear within one year from the date of completion of the Contractor's work hereunder. The Owner shall give notice of observed defects with reasonable promptness. Any dispute under this Article shall be subject to arbitration. Article 19. Arbitration If any controversy, claim, dispute or question shall arise between the parties in respect of the construction, meaning or effect of this Contract or anything contained in it, or the rights and liabilities of the parties hereunder or otherwise in relation .to this Contract, then every such controversy, claim, dispute or question shall be decided by arbitration in accordance with the rules of the American Arbitration Association. This agreement so to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of demand for arbitration will be filed in writing with the other party and with the American Arbitration Association. The demand for arbitration will be made within a reasonable time after the controversy, claim, dispute or question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such controversy, claim, dispute or question would be barred by the applicable statute of limitations. An award rendered pursuant to arbitration will be final and judgment may be entered in any court having jurisdiction thereof. Article 20. Subcontracts The Contractor will not employ any Subcontractor withgut the prior written approval of the Owner and the Contractor shall require each 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 provisions herein. Nothing herein shall create a contractual relationship between any Subcontractor and the Owner. asARr.o fi p ooinnoi Page 9 of 11 Article 21. Assignment The Contractor shall not assign nor subcontract this contract in whole or in part nor shall the Contractor assign any moneys due or |o become due Contractor hereunder without the prior written consent of the Owner* Article 22. Coordination of Work The Contractor shall conduct the work hereunder so as to cause a minimum of interference with the Owner's operation. Where interference with the Owner's operations become absolutely necessary, permission shall be requested by the Contractor not less than seventy-two (72) hours in advance. Article 23. Undertakings by the Owner The Owner agrees to obtain and pay for any permits, licenses and easements required for permanent structures or changes, and, to the extent practicable without interference with operations, to furnish the Contractor, free of charge, for its use during the construction, electricity, water, steam and compressed air required for construction purposes, at the voltage and pressure currently available at Owner's said plant, to a point adjacent to or within 100 feet of the site,^ut the Contractor will be required to make the necessary connections, provide approved shut-off and safety devices and furnish and install all temporary lines required to bring them to the point of use. Article 24. Applicable Law This contract shall be construed and enforced in accordance with the laws of the state where the work hereunder is to be performed. Article 25. Technical Information The term "technical information" as used in this agreement includes but is not limited to technical data, reports, models, drawings, specifications, operating manuals, designs, computations, formulas, apparatus, processes, patentable or unpatentable inventions and other engineering data. You agree to accept Owner's decisions as to whether any particular information is technical information or is technical information which has been made or conceived under this agreement. It is understood that in the course of your performance hereunder you may learn or have access to technical information of Owner. You agree that you and your personnel will keep in confidence all such technical information of Owner and that you and your personnel will not use or disclose the same .without Owner's written consent, either during the term of this agreement or at any time thereafter. ASARCO ELP 0010092 Page 10 of 11 You agree to disclose to Owner all technical information made or conceived by you or your personnel in performance, or resulting from performance, under this agreement. . You agree that all such technical information made or conceived by you or your personnel shall beconje and remain the .free and unrestricted property of Owner and that you shall assign or cause the same to be assigned to Owner. You agree that you and your personnel will keep in confidence all such technical information made or conceived by you or your personnel and that you and your personnel will not use or disclose the same without Owner's written consent, either during the term of this agreement or at any time thereafter. You agree, upon the request and at the expense of Owner, to make or cause your personnel to make applications for Letters Patent in such countries as Owner may designate on those of the aforesaid assigned inventions which Owner believes to be patentable; and to assign all such applications to Owner or its order; and to give Owner, its attorneys and solicitors all reasonable assistance in preparing such applications, and in prosecuting such applications in the patent office or offices involved and in defending and enforcing any patent that may be issued upon any such applications; and to execute all papers that may be reasonably required in the prosecution of such applications or to vest in Owner or its assigns said inventions, applications and Letters Patent. Article 26. Force Maieure Neither party shall be considered in default in the performance of its obligations hereunder to the extent that performance of such obligations is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the parties hereto which they cannot reasonably have foreseen and guarded against. Force majeure includes but is not limited to, acts of God, labor disputes, financial crisis, fires, riots, civil commotions or civil unrest, incendiarism, interference by civil or governmental authorities, and acts of war (declared or undeclared). Article 27. Entirety Clause This contract constitutes the entire agreement between the parties, and except as may be specifically set forth herein no changes can be made herein except by an agreement in writing duly executed by the parties or their duly authorized agents. Article 28. Additional Provisions requires.) (Add such additional provisions, if any, as the particular job NONE ASARCO ELP 0010093 Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written. h Bierlein Demolition Contractors, Inc. Contractor By Title Michael Bierlein. President ASARCO Incorporated Owner By Title ____________ Plant Manager ASARCO ELP 0010094 DEMOLITION CONTRACTORS December 19, 1990 Asarco, Inc. P.O. Box 1111 El Paso, TX 79999 Attn: Mr. Carl Glazier FAXED: (915) 541-1811 Dear Mr. Glazier: I have reviewed my correspondence file on the project and disposal of the brick to an outside land fill was to Bierlein's account. If Asarco would provide on site dumpinqwe would allow_a $4,000.00 deduct._ , dUfcvJGeO % ZefueS 4DOtho4ck\ In regards to^our proposal to abate and demolish the Old Fan House 'HfTVVoVa.L. Building for $59^J4^-Sl[Lwe are in agreement to do this work on the basis^/Xj^ ' of not exceeding the quoted amount. If during the process of abatement ''-flU-- and/or demolition Asarco observes that our activities are disturbing the integrity of the Lead Bag House Building then Bierlein can be asked to cease work. Payment on the contract will be time, material, and equip ment rates to establish the percent of completion and to be paid for by Asarco. It is anticipated that the notice to proceed on this work will be such that we can utilize the existing crews and equipment. If you have any questions, please do not hesitate to contact me at (713) 443-8400. Sincerely, BIERLEIN DEMOLITION CONTRACTORS, INC. 7, / .______ Charles B. Brennen Manager-Southern Region CBB/js cc: Mike Bierlein Dick Donna P.O. BOX 8078 2903 SOUTH GRAHAM ROAD SAGINAW, MICHIGAN 48608-8078 FAX: (517) 781-2752 PHONE: (517) 781-1810 ASARCO ElP OOIOOQS December 19, 1990 Asarco, Inc. P.O. Box 1111 El Paso, TX 79999 Attn: Mr. Carl Glazier Dear Mr. Glazier: FAXED: (915) 591-1811 In my letter this morning and our subsequent conversation, it was determined that the brick disposal I was referring to had to do with the firebrick in our original contract. The clarification you actually wanted dealt with the brick from the Old Fan House Building. We would like to advise you that on the Old Fan House brick we believed you were going to have Bierlein haul this to a nearby Asarco location for disposal. There is not a $9000.00 deduction available on this material. Please do not hesitate to contact me, should you need any additional information. Sincerely, BIERLEIN DEMOLITION CONTRACTORS, INC. yd 'fyu/ Charles B. Brennen Manager-Southern Region CBB/js cc: Mike Bierlein Dick Donna P.O. BOX 8078 2903 SOUTH GRAHAM ROAD SAGINAW, MICHIGAN 48608-8078 FAX: (517)781-2752 PHONE: (517) 781-1810 ASARCO ELP 0010096 C il in; i *iS i.;. i AsarcO/ Inc. 230.1 W. Paisano Dr. El Paso, Texas 79922 Attn: Mr. .Tim Rice Re i Additional Asbestos Work Time and Material Rates .Tint. Per your request for additional work, we are plea ;ed to offer the following Time and Material Rates: Asbestos Laborer Tyvek Suit Duct Tape Poly 6 Mil Spray Adhesive Disposal Bags Glove Bags Forklift Exposure Sampling Asbestos Disposal Per Hour Each Per Roll Per Kol.l Per Can Per Bag Per Bag Per Hour Per Sample Per Cubic Yard $20.45 $2.85 $ 3.65 $41.15 $ 3.40 $ .42 ? 4.80 $28.25 $20.00 $31.15 Overhead Profit 5% 10% The additional work should be completed within 1J to 15 manhours at a cost of between seven hundred fift2 - nine hundred dollars ($750.00 - $900.00). If you have any further questions, please do not hesitate to contact me. Sincerely, BIERLEIN DEMOLITION CONTRACTORS, INC. Bertram 1:. Snead Ash-is tns Services Manager SHE/Ik pc: Mike Bierlein . P.O.BOX 8078 P.O. BQK338TH GRAHAM ROAD 2903 SOUTH GRAHAM ROAD SAGINAW, MICHIGAN 48608-8078 SAGINAW, MICHIGAN 48608-8078 FAX: (517)781- FAxrmwniw PHONE: (517) 781-1810 ASARCO ELP 0010097 AMRH. CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) [~1 09-06-90/rp PHODUCER Republic Hogg Robinson of Texas, Inc. P. 0. Box 5800 Lubbock. Tx 79495 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE INSURED Bierlein Demolition Contractors, Inc. P. 0. Box 8078 Saginaw, MI 48608-8078 COMPANY LETTER M g@iiraipCC! COMPArWU LETTER |jTP5 COMPANY n LETTER ^ spp i - >9pn leto$&*CO INCOp^at^ & indemnity Company f* CARL GLASER JOE SMITH FILE company LETTER c 1EXAS COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/OD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY aCLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROTJ i _____________________ i AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS OARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS* LIABILITY 71 WZ CL5336 GENERAL AGGREGATE PRODUCTS-COMP/OPS AGGREGATE PERSONAL I. ADVERTISING INJURY EACH OCCURRENCE FIRE DAMAGE (Any one lire) MEDICAL EXPENSE (Any one person) i COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident] PROPERTY DAMAGE EACH 9OCCURRENCE 05-25-90 05-25-91 STATUTORY 500" "5otr "500" (EACH ACCIDENT) (DISEASE-POLICY LIMIT) (DISEASE-EACH EMPLOYEE] DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS State of Texas CERTIFICATE HOLDER A.S.A.R.C.O. 2301 West Paisano Dr. El Paso, Tx 79922 CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAliriL-- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT/bUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 'OF ANY KIND UPON THE COMPANYrS>w5ENTsi>R REPRESENTATIVES. ACORD 25-S (3188) ACORD CORPORATION 1988 ASARCO ELP 0010098 AMRD. CERTIFICATE OF INSURANCE ISSUE DATE (MMIOOfYY) 9-7-90 dmu THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Republic Hogg Robinson of Michigan, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 5090 State Street - Building C POLICIES BELOW.___________________________________________________________ Saginaw, Michigan 48603 COMPANIES AFFORDING COVERAGE t ACOMPANY LETTER Home Insurance Company rf- Bierlein Demolition Contractors, Inc P.0. Box 8078 Saginaw, Michigan 48608-8078 LETTER COMPANY f\ LETTER ^ DCOMPANY LETTER ECOMPANY LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO -TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. OWNER'S & CONTRACTOR'S PROT. x XCU GLR9096381 AUTOMOBILE LIABILITY A X ANY AUTO ALL OWNEO AUTOS SCHEDULED AUTOS HIRED AUTOS NQN*OWNEO AUTOS GARAGE LIABILITY BAF160618 10/1/89 10/1/89 10/1/90 GENERAL AGGREGATE 'Unlimited 51,000PRODUCTS-COMP/OP AGG. *1,000PERSONAL & AOV. INJURY EACH OCCURRENCE *1,000 * ' 50FIRE DAMAGE (Any one lire) MED. EXPENSE (Any one person) * 6 10/1/90 COMBINED SINGLE LIMIT BODILY INJURY (Per person) 1,000 BODILY INJURY (Per accident) PROPERTY DAMAGE s EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER EACH OCCURRENCE' AGGREGATE t % STATUTORY LIMITS EACH ACCIDENT $ DISEASE--POLICY LIMIT S PISEASE-EACH EMPLOYEE < DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER ASARC0 P.0. Box 1111 EL Paso, Texas 79999 Attn: Mr. Steve 3ones ACOBD 25-S (7/90) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ^0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OFV.NY KIND UPON ^HE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RE ACORD CORPORATION 1990 ASARCO ELP 0010099 A0ORD. CERTIFICATE OF INSURANCE ISSUE DAATTEE ((MMMM//DDDD//YYV) 9/7/90 PRODUCER EEPUBUC HOGG BCBINSCN OF MI, INC. 5090 SIKEE ST., BLDG. C s&smm, MI 48603 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE u LETTERNY a rTTCT.TW ENVIKIWENiaLllNS. CO. CODE INSURED COMPANY q LETTER BIERLEIN INDUSTRIAL SERVICE, INC. P.O. BOX 8078 S&GBffiW, ML 48608-8078 COMPANY LETTER COMPANY LETTER COMPANY | LETTER 1 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/OD/YY) DATE (MM/OO/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY AEC392300228 CLAIMS MADE X OCCUR. OWNER'S A CONTRACTOR'S PROT. X Asbestos Abatement AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY 5/8/89 10/1/90 GENERAL AGGREGATE *2,000 *Incl.PRODUCTS-COMP/OPS AGGREGATE PERSONAL S ADVERTISING INJURY *2,000 EACH OCCURRENCE *2,000 FIRE DAMAGE (Any one fire) S EXCl MEDICAL EXPENSE (Any one person) $ 5 COMBINED SINGLE LIMIT S BODILY INJURY (Per person} S BODILY INJURY $ (Per accident) PROPERTY DAMAGE * EXCESS LIABILITY OTHER THAN UMBRELLA FORM EACH $ $OCCURRENCE AGGREGATE WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY (EACH ACCIDENT) (OISEASE--POLICY LIMIT) (OISEASE--EACH EMPLOYEE] DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CERTIFICATE HOLDER AsarcD 2301 W. Paisano Drive EL Paso, Texas 79922 ACORD 25-S (3/88) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAN 1 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACORD CORPORATION 1988 ASARCO ELP OOIOIOO i i ASARCO ELP OOIOIOI El Paso Plant J.R. Shaw . Plant Manager L.W. Castor Operation# Manager R.L. Vollmer i/ financial Manager SJr.E. Martin ,;ag;^Taehnlcal Services Manager ilpG'.A. Parham r. Maintenance Manager ^A.A. Gonzales Industrial Relations Manager H.J. Smith Purchasing Agent ASARCO t January 17, 1991 Bierlein Demolition Contractors, Inc. 2903 South Graham Road Saginaw, Michigan 48608-807 Attn: Mr. Mike Bierlein Gentlemen: Enclosed please find one fully executed copy of our contract covering the Fan House Demolition and Miscellaneous Asbestos Removal. If you have any questions please feel free to contact the undersigned. Very truly yours. Ends. ; CG/ie CARL GLASER Plant Engineer ASARCO Incorporated P.O. Box 1111 El Paso, Texas 79999 (915) 541-1800 Telecopier (915) 541-1866 ASARCO ELP 0010102