Document Rj88XXYvNNnL4oZ78XqwXDoO8
PLAINTIFFS i>n 4 EXHIBIT
I ASA-66
VIA AIRMAIL
MR. P. A. DeSANTIS EL PASO PLANT
SUBJECT: ORDER 12H-1283, REQN. EP-38 BLAST FURNACE BAGHOUSE STACK
"and breeching INSUIXTION
. JUCIIASING DEPARTMENT New York June 22, 1972
t" I i-c:
Herewith all copies of contract properly signed and executed with Willard A. Selle, Inc. to cover the Blast Furnace Baghouse Stack and Breeching Insulation in accordance with specifications referred to therein.
Please have the contractor counter-initial the change made under Article 3, "Payment", returning the original and one copy, as marked, to this office for our record purposes.
You will note New York Purchasing Department Order 12H-1283 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 - a/m
7-7-72-
OO'QJ-
HER 0000059
A S A R Coatr.et #1 2M-6/53
INSTRUCTIONS: Attiefc ni Iiniri *itfc Iaqairy fr No. 352. To bo cooplotod ud r.tors.d eootroetor'o propel.
CONTRACT FOR
_________ frfltitfTr ^irhi_______
at
AMERICAN SMELTING AND REFINING COMPANY'S _______gl Pmb
at g.1 PM*.
_____ ________
Plant
THIS AGREEMENT, made the 24 day of November , 19 53,
by and between______*Ulard A, telle Ca. Inc,_________________________________ ,
whose address is
111 N Psylar fttftti, II Pm, Tm
(hereinafter called the "Contractor") and AMERICAN SMELTING AND REFINING COMPANY,
a corporation of the State of New Jersey, whose address is 120 Broadway, New York
5, N.Y. and P. O. Boa 1111, El Paso, Texas
(hereinafter called the "Owner").
WITNESSETH: The Contractor and Owner agree as follows:
Article 1. Scope of the Work
ill *.ti
The Contractor shall furnish alllabor, tools, equi
ment and materials, except such items as are hereinafter listed as being furnish
or furnished and installed by the Owner, for insulation far aloe tad Cottrell
(hereinafter called the "work") at the __ H Pub
of the Owner at ________M Pao, Texas
____________________ as shown cn the
drawings and specifications (attached hereto) fennlrled Insulation (><
furnished byPmp Plant___________________ ana dated Wow. n. km-------------r:
and shall erect, Install, and complete the work ia good and workmanlike manner a:x
in compliance with all applicable cedes, rules, regulations and ordinances.
Article 2. Time of Completion
The work shall be commenced Whan work |o fro Uwulsttd is ready and shall be substantially completed _______________________________________ Blowor piping Insulation will rtfttn li working day* i S days par wcox
Cottrsli iaialttiM will roquiro SO working days 6 I day* par wuk.
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Article 5 Payment
The Ownen shall pay the Contractor for the performance of this contract,
the. au^of
^ Haadred Twenty Tw>
($ '* * 0 ), lawful money of the United States of America 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 have been or be filed) 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.
The Owner may withhold payment to the extent necessary to protect the Owner from loss on account of damage to the work, or to the person or property of the Owner, claims or probable claims arising from damage to another contractor,
or any other person, which is in any way connected with, grows out of, or has any thing to do with the execution and performance of this contract by the Contractor or any subcontractor.
Article k. Liens
If any lien remain unsatisfied after payment has been made, the Con tractor shall refund to the Owner all moneys that the latter may be compelled to
pay in discharging such a lien, including all costs and a reasonable attorney's fee. The Contractor shall, at any time requested by the Owner, deliver a bond satisfactory to the Owner indemnifying It against any lien and expenses occasioned thereby.
Article 5. Title to the Work
Title to all work completed or in the course of construction, and all tools, equipment, or materials on account of which any payment has been made, shall be in the Owner.
Article 6. 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 his own expense remove, take- down, replace and repair any materials or portions of the work vhich the Owner shall deem unsatis factory or not in conformity with this contract or specifications, and make good all work damaged or destroyed thereby, whether or not there shall be a dispute with respect to any of the foregoing. Any such dispute shall be settled by arbi tration in the manner hereinafter provided.
Article 7- Protection of the Work
The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property from injury or loss arising in connection with this contract. If any loss or expense to the Owner or damage to the property owned by it results from, or in connection with, the performance
of this contract by the Contractor, or any subcontractor, the Contractor shall fully indemnify the Owner. If the work is damaged in any manner whatsoever, it
shall be repaired at the expense of the Contractor.
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The Contractor shall fully save harmless and indemnify the Owner against any expense, loss or damage on account of any claim, demand or suit made by any person whomsoever including any employee of the Owner, which is in any way connected with, grows out of or has anything to do with the ex ecution and performance of this contract on the part of the Contractor or any subcontractor; and the Contractor agrees that the Owner shall not be liable for any injury, or other loss or damage of any nature, that might be sustained by the Contractor itself or its employees or subcontractors in the execution and performance of this contract, regardless of whether such injury, loss or damage is caused in whole or in part by negligence on the part of the Owner or its employees.
Article 8. Contractor's Liability Insurance
The Contractor shall maintain such insurance as will protect it from claims under workmen's compensation acts and from any other claims for damages for personal injury, including death, which may arise from operations under this contract, whether such operations be by the Contractor or any subcontractor or anyone directly or indirectly employed by either of them.
Prior to commencement of this work the Contractor shall file with the owner completed certificates of insurance in form of "Insurance Certificate" attached for the Contractor and each subcontractor, and the Contractor and each subcontractor shall provide insurance coverage in the amounts not less than those stated in the attached form.
Article 9. Compliance with Laws and Ordinances
The Contractor shall give all notices and comply with all laws, ordi nances, rules and regulations. Federal, State or Municipal, bearing on the con duct of the work and the performance of this contract and shall bear all fines, penalties and losses incurred by reason of the violation of any such law, ordi nance, rule or regulation. If for any reason the contractor's or any subcon tractor's employees or agents acquire a status imposing liability on the Owner for employer's contributions or taxes under the Federal Insurance Contributions Act, the Federal U.'.eroloyment Tax Act, any State Unemployment Tax Act, or any other Act, the Contractor shall be exclusively liable for, and shall indemnify the Owner against, the same and agrees to comply with all such laws and regula tions 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. Patents
The Contractor shall indemnify, protect and save harmless the Owner from and against any and all claims, losses, costs, damages, expenses, actions, suits or other proceedings, growing out of or resulting from infringement of any patent or other similar industrial property right by the Contractor in the performance of this contract, except that this provision shall not apply to . patented articles or processes specified in drawings and specifications furnished by the Owner.
Article 11. Owner*8 Right to Terminate Contract
If the Contractor should be adjudged a bankrupt, or make an assignment for the benefit of creditors, or if a receiver should be appointed on account of
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the Contractor's insolvency, or If a trustee of his property should be appointed under the reorganization or readjustment provisions of the Bankruptcy Act, or if the Contractor at any time should refuse or neglect to supply enough properly shilled workmen or fail to prosecute the work with diligence or in any other re spect should violate this contract, the Owner, without prejudice to any other remedy it may have, shall be entitled upon three days' written notice to the Con tractor, to terminate the employment of the Contractor and take possession of the work and all materials, tools and appliances on the site and finish the work by whatever metnod the Owner deems 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 the expense of finishing the work, Including a reasonable allowance for additional managerial and adminis trative service, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner.
Article 12. Correction of Work after Payment
Neither payment nor any provision in the contract shall relieve the Con tractor of responsibility for faulty materials or workmanship and the Contractor shall remedy any defects due thereto and pay for any damage to other work resultin therefrom, which shall appear within one year from the date of completion. The Owner shall give notice of observed defects with reasonable promptness. Any dis pute under this article shall he subject to arbitration as hereinafter provided.
Article 13. Arbitration
All questions subject to arbitration under this contract shall be sub mitted to arbitration at the choice of either party to the dispute. Unless other wise provided by controlling statutes, there shall he one arbitrator who shall be chosen by the American Arbitration Association, whose rules shall be followed.
Article 14. Assignment
The Contractor shall not assign this contract nor sublet it as a whole without the written consent of the Owner, nor shall the Contractor assign any moneys due or to become due it hereunder without the prior written consent of the Owner.
Article 15. Co-ordination of Work
The Contractor shall conduct his work so as to cause a minimum of inter ference with Company operations. Where such becomes absolutely necessary, per mission tc do so shall be requested and arrangements made through the Plant Engineer's office not less than seventy-two (72) hours in advance.
Article 16. By the Owner
The Owner agrees to obtain and pay for any building permits required; to carry fire insurance with extended coverage fully covering the Contractor and/or his subcontractors for all material and equipment delivered for the Job and for all labor and material brought into the work as their interests may appear; and, to the extent practicable without interference with operations, to furnish the Contractor, free of charge, for its use during construction, electric ity, water, steam and compressed air required for construction purposes, at the
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voltage and pressure currently available at the plant, to a point adjacent to or within ItOfeet of the site, hut the Contractor will be required to sake 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 17. Additional Provisions
(Add such additional provisiona, if any, aa the particular job required).
FfKlliuUn iteil el Nmmksr 11* 1912 and driving* t 10966-C, CP 7912 and CP 7976 ara ktnby mid* a part < this contract.
IN WITNESS WHEREOF, the parties have executed this contract the dem and year first above written.
WIULAilS A. 6ELLE C2. INC.
AMERICAN SMELTING AND REFINING COMPANY Owner
V director of Purchases
HER 0000064
AM. CAN SMELTING AND REFINING COMP.
INSURANCE-CERTIFICATE
AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS WORKING ON PROJECTS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO _____
A. MB-
THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING
COMPANY ON CONTRACT*NUMBER
A W4-0
>T A
IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS' PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY. SAMUEL METZGER. JR.. 120 BROAOWAY. NEW YORK 5. N.Y.
KIND OF INSURANCE
NUMBER
DESCRIPTION OF POLICY
EXPIRES
LIMITS OF LIABILITY
REOU1 RED MINI MUM
CONTRACTOR'S PUBLIC
a&hsmLIABILITY (COM>REHENSIVE)
BODILY*INJURY
MpA
PROPERTY-DAMAGE CONTRACTOR'S PROTECTIVE LIABILITY
BODILY.INJURY
PROPERTY.DAMAGE AUTOMOBILE
BODILY*INJURY
PROPERTY.DAMAGE WORKMEN'S COMPENSATION
AND
oatBit
mb.tsm
GOLkSm
iiaij
ft* U*5J If X JBOPflt M-*
Each person
9
$Each accident
SSOffiOOm
Each accident 9
Each person
9
$Each accident BflflfrrfWflSi
Each person 9 Xffl|p0OQ fOObOOQ*Each accident 9
Each accident 9
9100.000
3300.000 9 25.000
$100,000 $300,000 $ 25.000
$100,000 9300.000 $ 10.000 COMPLY WITH APPLICABLE
STATE LAW
EMPLOYER'S LIABILITY
DATE
190
Each accident 9
$ 25.000
mbj> sms nsajff tm aouusir aow
INSURANCE COMPANY
a
CITY
STATE
HER 0000065
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HER 0000066