Document VJYZJ3x6o9G2kXODYnpLpEZo
J
JV
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CONTRACT FOR
Construction cr Repairs Contract Fenr 17-19 Under $100,077.00
PLAINTIFF'S EXHIBIT
GriHinc l. Flastinc Slap
(Insert nane of j.ob)
ASARCO Incorporated's
LFO
ASA-1160
~ 1 ant
at_________ El Paso, Tex?.?__________________________
(Insert town and state)^ 4
THIS AGREEMENT- made the ?Qt'~
day of Tun?
, 19_^i,
by and between Rockv Mountain Blasting Co._________
, whose address is
5407 17, "Contrac
Me?:.,
El Paso, Texas 7C0I2
(hereinafter called the
ASARCO Incorporated XMStfELS EXXiLKR XETXXK&X 7C5G7XY ) a corporation of tr.
State of New Jersey, whose address is 120 Broadway, New York 5, N.Y. and
P. G. Box 1111, El Paso, Texas 70000 (Insert address od plant cr unit)
,,,2
.c.xCv.
"Owner").
WITNESSETH:
The Contractor and Owner agree as follows:
Article l Scone of the Work
--
;
^ ...y
The Contractor shall furnish all shop drawings, field engineering, labor, ' tools, equipment, transportation, materials and other facilities, except such items as are hereinafter listed as being furnished or furnished and installed by
the Owner, at the
for Drilling
Blasting Slag(hereinafter called the "work")
(Insert name of job)
~ ~ - Plant of the Owner at___________________ El Paso, Texas
(Insert town & state)
in accprdance with the drawings and specifications listed below, all of which are incorporated herein by reference and made a part hereof:
(List Specifications and Drawings) Payment snail be made on a time and material basis as outlined in the Rocky Mountain Blasting Co. proposal dated 6-15-78. Total estimated price
SIS. =v-. The Owner shall pay the Contractor for the performance of this contract, the,sum not to exceed twenty thousand dollars, ($20,000.0C
Addendum to Proposal of June 23, 1978 which adds to the Rockv Mountain
T2 a 1
------ - -
* "*
ASARCO ELP 0008383
Page 2 of 8
Article 2, Time of Completion The work shall be commenced^
July 15, 1978
and
shall be substantially completed
September 15, 1978
Article 3. Payment (to be deleted if progress payments are to be made)
Jwner shall pay the Contractor for the performance of thie-'Contract,
the sum of_______
^
dollars.
($ ), law5lM>jaoney of theJJtffted States of America within
days afterjs^rfisOfrfcQjy completion of the work and submission
by the Contractor of evMewtTet including, if requestect^o^mplete releases of all liens arising out of^cfxn connection with the work by ali^mrsons, firms or corpora tions on whose^feeSalf such liens could be or were filed) satisfa^tstyto the Owner that all^elrSrges for labor and material incorporated in the work andati>^ther indebtedngss^connected with the work for which liens could be filed have been paiS^ewjd that
le work is free of all liepa and encumbrances.
Article 3. Payments (to be deleted if progress payments are not to be made)
The Owner shall pay the Contractor for the performance of this contract,
the sum ofSee Bottom of Page 1
dollars, ($ On or about the First
August 1, 19 78
), lawful money of the United States, as follows:
day of each calendar month, commencing
the Owner shall pay the Contractor
Ninety
percent (90
%) based on the contract prices, of the labor and materials
incorporated in the work and of materials suitably stored at the site thereof up to
the end of the next preceding calendar month, as estimated by the Owner, less the
aggregate of previous payments; and upon completion of the entire work, a sum suff
icient to increase the total payments to________ Ninetypercent (
90______
%)
.of the contract price. Final payment of the remaining (10%) of the
contract price shall be due
30days after completion of the work.
Before each such payment is due, the Contractor shall submit evidence satis factory to the Owner (including, if requested, partial waivers, or in the case of final payment, complete releases, of all liens arising out of or in connection with the work by all persons, forms or corporations on whose behalf such liens could be or were filed) that all charges for labor and material incorporated in the work and all other indebtedness (except, in the case of payments other than final payment, indebt edness not then due) connected with the work for which liens could be filed have been paid and that work is free of all liens and encumbrances.
ASARCO ELP 0008384
Page 3 of 8
Article 4. Payments Withheld
The Owner may withhold all or part of any payment to the extent necessary to protect the Owner from loss or damage on account of (a) damaged or defective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor or the Owner (c) failure of the Contractor to make payments properly to Subcontractors or for material or labor, (d) a reasonable doubt that this contract can be completed for the balance then unpaid, or (e) damage to the Owner's property or the work of another contractor.
Article 5. Liens
If any lien remains unsatisfied after payment of the full contract price has been made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs and a reason able attorney's fee. If the Owner has so requested prior to the signing of this Contract, the Contractor, at the option of the Owner, agrees to furnish or permit the owner to secure bonds irf 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 pay ant of claims for labor performed or materials furnished in connection herewith, all in accordance with the terms of the bonds. The premium for the bonds will be paid by the Owner and must not be included by the Contractor in the contract price. In the event the owner elects to secure such bonds, the contractor agrees to sign the required application, to furnish necessary financial statements and financial guarantees, and to otherwise cooperate with the owner, in securing the bonds.
Article 6, Title to the Work
Title to all work completed or in the course of construction shall be in the owner and title to all machinery, equipment and materials to be in corporated in the work shall be in the Owner as soon as they are delivered on the site of the job.
Article 7. Inspection and Repair
The Contractor shall provide safe and proper facilities at all times for the inspection of the work by the Owner, and shall as soon as practicable after written notice from the Owner, at the Contractor's expense, replace and repair any materials or portions of the work which the Owner shall deem defec tive and make good all work damaged or destroyed thereby, whether or not there shall be a dispute with respect to any of the foregoing. Any such dispute shall be settled by arbitration.
Article 8. Protection by Contractor
The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property and all persons thereon from injury, damage or loss by reason of any act or omission of the Contractor or any Subcontractor. The Contractor shall be responsible, and reimburse the Owner, for any loss or expense to the Owner arising from damage to the work or other property of the Owner caused by the wrongful act or neglect of the Con tractor, any Subcontractor or the employees of the Contractor or any Subcon tractor. Where such damage includes damage to the work it shall be repaired at the expense of the Contractor.
ASARCO ELP 0008385
Page 4 of 8
The Contractor shall use its best judgement and skill in dealing with labor matters, and take all reasonable steps to avoid labor dispute. In the event of any strike or threat of strike, slowdowns, featherbedding,, or other like practices, the Contractor shall apprise the Owner of all relevant facts and implications of the particular labor problem involved, and shall consult in good faith with the Owner in an endeavor to reach a mutually satisfactory solu- tion to such labor problem and, so far as reasonably possible, to protect the Owner against delays affecting the work or damage or losses to its other oper ations .
Article 9, Contractor's Liability insurance
The Contractor shall maintain such insurance as will indemnify it against claims under Workmen's Compensation Acts and against any other claims for damages for personal injury, including death, which may arise from opera tions under this contract, whether such operations be by the Contractor or any Subcontractor or anyone directly or indirectly employed by either of them.
Prior to commencement of this work the Contractor shall file with the Owner completed certificates of insurance in form of "Insurance Certificate" attached and shall provide insurance coverage in amounts not less than those Stated therein.
Article 10. Indemnity by Contractor
The Contractor shall save harmless and indemnify the Owner from and against any expense, loss or damage on account of any claim, demand or suit made by any person whomsoever, including any employee of the Owner, which is in any way caused by or connected with, or grows out of the execution and performance of this Contract by the Contractor or any Subcontractor; provided, however, that the Contractor shall not be required to indemnify the Owner against any loss caused solely by the negligence of willful fault of the Owner or its employees. The Contractor accepts all risk of injury or damage and all responsibility for any claims for damages what soever resulting from the use, misuse, or failure of any hoist, rigging, blocking, scaffolding, or otherlike or unlike equipment used by the Contractor or any Subcontractor, even though such equipment be furnished, or loaned to the Contractor or any such Subcontractor by the Owner, and shall indemnify the Owner against all such claims
Article 11. Owner's Responsibility for Certain Casualties
The Owner shall be responsible for all damage to the work, and to material, temporary structures, and equipment (excluding construction equipment not owned by the Owner) at the site of the job, which is caused by fire, windstorm, smoke, hail aircraft, explosion, vehicles, riot or civil commotion.
Article 12. Compliance with Laws and Ordinances
The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations, bearing on the conduct of the work as drawn and specified. If the Contractor performs any work contrary to any such law, ordinance, rule or regulations, he shall bear all costs arising therefrom, in particular, but without limiting the scope of the foregoing, the Contractor shall, and shall cause any Subcontractor to, comply with the terms and provisions of the Occupational Safety and Health Act of 1970 and all appliable rules, regulations, orders and occupational Safety and health standards promulgated under and issued pursuant to such Act in th< discharge of its duties and obligations hereunder.
ASARCO ELP 0008386
Page 5 of 8
If for any reason the Contractor's or any Subcontractor's employees or agents acquire a status imposing liability on the Owner for employer's con tributions or taxes under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, any State Unemployment Tax Act, or any other Act, the Contractor shall be exclusively liable for, and shall indemnify the Owner against, the same and agrees to conqjly with all such laws and regulations so as to relieve the Owner from any and all liability therefor and from the re sponsibility of making reports or keeping records with respect thereto.
Article 13. Patents
The Contractor shall indemnify and save harmless the Owner against and from any and all claims, losses, costs, damages, expenses, actions or other proceedings, growing out of or resulting from infrigement of any patent by the Contractor or any Subcontractor in the performance of this contract, except that this provision shall not apply to patented articles or processes specified in drawing or specifications furnished by the Owner.
Article 14. Changes in the Work
The Owner, without invalidating this contract, may at any time order extra work or make changes by altering, adding to or deducting from the work. Such order may be made by the Owner on its own behalf or at the request of the Contractor, upon discovery by the Contractor of any discrepancy between the plans and the physical conditions encountered. If such extra work or changes involve a change in cost, the contract price shall be increased or decreased by the fair value thereof. The Owner will itemize the changes to be made and upon receipt of written notice of same, the Contractor will submit promptly to the Owner, in triplicate, an itemized statement of his calculations of the adjustment in the contract price resulting from the changes or extra work. This must be done before work on the change is begun unless the Owner gives written order to proceed immediately. No work or change shall be made, except by written order of the CVner and no claim for an add ition to the contract price shall be valid unless the additional work was so ordered. Any dispute under this Article shall be subject to arbitration.
Article 15. Owner's Right to Terminate Contract
If-the Contractor should be adjudged a bankrupt, or make an assignment for the benefit of creditors, or if a receiver of the Contractor's property should be appointed or if the Contractor files a petition or if a trustee of the Contractor's property should be appointed under the reorganization or readjustment provisions of the Bankruptcy Act, or if the Contractor at any time should refuse or neglect to supply enough properly skilled workmen or proper materials, or if he should fail or make prompt payments to Subcontractors or for material or labor, or disregard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the contract which he shall have failed to correct promptly after service or written notice thereof by the Owner, then the Owner may, without prejudice to any other right or remedy, terminate the employnent of the Con tract for the Contractor's default and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method the Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed all the general damages of the Owner caused by the Con tractor's default, including the expense of finishing the work and compensation of the Owner for the Owner's managerial and administrative service, such excess shall be paid to the Contractor.
ASARCO ELP 0008387
Page 6 of 8
If such damages shall exceed such unpaid balance,- the Contractor shall pay the difference to the Owner. In the event the Contractor and the Owner are unable to agree upon the amount to be paid or reimbursed the dispute shall be settled by arbitration.
Article 16. Correction of Work after Payment
Neither payment nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship and the Contractor 'shall remedy any defects due thereto and pay for any damage to other work resulting therefrom which shall appear within one year from the date of completion of the Contractor's work hereunder. The Owner shall give notice of observed defects with reasonable promptness. Any dispute under this Article shall be subject to arbitration.
Article 17. Arbitration.
All disputes which are herein stated to be subject to arbitration shall be submitted to and determined by arbitration. Except as and to the extent otherwise provided by the controlling state law, no party may have recourse to legal proceedings (other than to enforce this arbitration Article) unless and until an arbitration award has been made. There shall be -one:arbitrator who shall be chosen by the American Arbitration Association, whose arbitration rules shall be followed.
Article 18. Subcontracts
. The Contractor will not employ any Subcontractor without the prior written approval of the Owner and the Contrator shall require each Subcontractor to execute a contract in writing containing provisions similiar to all provisions of this con tract which are in any way applicable to such Subcontractor and which will obligate such Subcontractor to comply with and perform all such provisions herein. Nothing herein shall create a contractual relationship between any Subcontractor and the Owner.
Article 19. Assignment
The Contractor shall not assign nor subcontract this contract in whole or in part nor shall the Contractor assign any moneys due or to become due Contractor here under without the prior written consent of the Owner.
Article 20. Coordination of Work
The Contractor shall conduct the work hereunder so as to cause a minimum of interference with the Owner's operation. Where interference with the Owner's operations become absolutely necessary, permission shall be requested by the Contractor not less than seventy-two (72) hours in advance.
Article 21. Undertakings by the Owner
The Owner agrees to obtain and pay for any permits, licenses and easements required for permanent structures or changes, and, to the extent practicable without interference with operations, to furnish the Contractor, free of charge, for its use during the construction, electricity, water, steam and compressed air required for construction purposes, at the voltage and pressure currently available at Owner's said plant, to a point adjacent to or within1000feet of the site, but the Contractor will be required to make the necessary connections, provide approved shut-off and safety devices and furnish and install all temporary lines required to bring them to the point of use.
ASARCO ELP 0008388
Page 7 of 8
Article 22. Applicable Law
This contract shall be construed and enforced in accordance with the laws of the state where the work hereunder is to be performed.
Article 23. Entirety Clause
This contract constitutes the entire agreement between the parties, and except as may be specifically set forth herein no changes can be made herein except by an agreement in writing duly executed by the parties or their duly authorized agents.
Article 24. Technical Information
The Term "technical information" as used in this agreement includes but is not limited to technical data, reports, models, drawings, specifications, operating manuals, designs, computations, formulas, apparatus, processes, pat entable or unpatentable inventions and other engineering data. You agree to accept ASARCO's decisions as to whether any particular information is technical information or is technical information which has been made or conceived under this agreement.
It is understood that in the course of your performance hereunder you may learn or have access to technical information of ASARCO. You agree that you and your personnel will keep in confidence all such technical information of ASARCO and that you and your personnel will not use or disclose the same without ASARCO's written consent, either during the term of this agreement or at any time thereafter.
You agree to disclose to ASARCO all technical information made or conceived by you or your personnel in performance, or resulting from performance, under this agreement. You agree that all such technical information made or conceived by you or your personnel shall become and remain the free and unrestricted property of ASARCO and that you shall assign or cause the same to be assigned to ASARCO. You agree that you and your personnel will keep in confidence all such technical information made or conceived by you or your personnel and that you and your personnel will not use or disclose the same without ASARCO's written consent, either during the term of this agreement or at any time thereafter.
You agree, upon the request and at the expense of ASARCO,to.make or cause your personnel to make applications for Letters Patent in such countries as ASARCO may designate on those of the aforesaid assigned inventions which ASARCO believes to be patenable; and to assign all such applications to ASARCO or its order; and to give ASARCO, its attorneys and solicitors all reasonable assistance in preparing such applications, and in prosecuting such applications in the patent office or offices involved and in defending and enforcing any patent that may be issued upon any such applications; and to execute all papers that may be reasonably required in the prosecution of such applications or to vest in ASARCO or its assigns said inventions, applications and Letters Patent.
Article 25. Additional Provisions
(add such additional provisions, if any, as the particular job requires).
ASARCO ELP 0008389
Page 8 of 8 IN WITNESS WHEREOF- the parties have executed this contract the day and year first above written.
ROCKY MOUNTAIN BLASTING CO. Contractor . vi-
By President Title
ASARCO Incorporated Owner
^ LZ___
By
ASARCO ELP 0008390
AMERICAN SMELTING AND REFINING COMPANY 1form K insurance- R.rj.ed 9/7 3INSURANCE-CERTIFICATE
AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISStlFn TO
Rockv Mountain Blastina Co.. Inc.
THESE POLICIES ARE NOW IN FORCE COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING
COMPANY ON CONTACT ..........^ billing_________________________ AT El Paso Smelting Works , El Faso, lexas
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.
attk
W. R-_Kg Me^--------------------------------- plant manager.
KIND OF INSURANCE
NUMBER
DESCRIPTION OF POLICY
EXPIRES
limits of liability
REOUIRED MINIMUM
CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)*
BODILY-INJURY
PROPERTY-DAMAGE contractor's PROTECTIVE LIABILITY
BODILY-INJURY
PROPERTY-DAMAGE
AUTOMOBILE
GL 48326 ' GL 48326
7-15-78 to
9-15-78
7-15-78 9-15-78
75721592 12-30-78
BODILY-INJURY
PROPERTY.DAMAGE workmen's COMPENSATION
AND employer's liability
Same
WC1-391031583017
< ame
12-30-78 11-17-78 11-17-78
EACH OCCURRENCE { EACH OCCURRENCE 1
EACH OCCURRENCE J 300,000.00
EACH OCCURRENCE S
EACH PERSON
* 50,000.00
EACH OCCURRENCE 1 100,000.00
EACH OCCURRENCE ,
Texas EACH OCCURRENCE t 100,000.00
$300,000 $ 25.000
$300,000 $ 25,000
$100,000 $300,000 $ 25.000 COMPLY W ITH APPLICABLE
STATE LAW $ 25,000
dateJuly 10, 1978 ________________________
INSURANCE COMPANY
CITY
STATE
AUTHORIZED REPRESENTATIVE
Tha Contractor ahall aawa hiraUn and indaimify tha Owner fro* and against any expanae, loss or da*iga on account of wy clai*, danand or suit eada by any paraon whoaaoaTar, including any aoployaa of tha Ownar, abieb ia in any way cauaad by or connactad with, or grows out of tha axacution and parfornanca of this contract by tha Contractor or any Subcontractor; pro* idad, howarar, that tha Contractor ahall not ba raquirad to indemnify tha Ownar against any loss oausad solsly by negli* ganca or willful fault of tha Ownar or its aaploysas* Tha Contractor accepts all risk of injury or desagtand all raapon* aibility for any clains for danagas whataoaTar resulting fro* the use, *isuse or failure of any hoiat, rigging, blocking, scaffolding, or othar like or unlike equipment used by tha Contractor or any Subcontractor, OTan though such equipnant bo furnished or loaned to tha Contractor or any such Subcontractor by the Owner, and shall indewnify tha Ownar against all
ASARCO ELP 0008391
CERTIFICATE OF INSURANCE
This is to Certify, that policies in the name of
NAMED ^
insured
Rocky Mountain Blastiny Company
ADDRESS
5407 North Mesa
jEl Paso, Texas 79912
J
THIS CERTiriCATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE
AFFORDED BY ANY POLICY DESCRIBED HEREIN.
are in force at the date hereof, as follows:
KIND OF INSURANCE
WORKMEN'S COMPENSATION
COMPREHENSIVE GENERAL LIABILITY
POLICY NUMBER
MANUFACTURERS' AND CONTRACTORS' LIABILITY
OWNERS', LANDLORDS' AND TENANTS' LIABILITY
CONTRACTUAL LIABILITY
AUTOMOBILE LIABILITY Owned Automobiles O Hired Automobiles I'D Non-Owncd Automobiles
COMPREHENSIVE AUTOMOBILE LIABILITY OTHER:
GL 48326
POLICY PERIOD
(If.
Tx|i
in
Exp
Elf. 7-15-78 Exp. 9-15-78 EH. Exp EH. Exp
LIMITS OF LIABILITY
BODILY INJURY
PROPERTY DAMAGE
Provided by Workmen's Compensation Law--Stale of
HIL
i , 000 fach person s , 000 Each occurrence
$ , 000 Each occurience $ , 000 Aggregate $ , 000 Aggregate
$ , 000 Each person $ 10 0,000 Each occurrence $ 300.000 Each occurrence $ LOO ,000Aggregate
$
, 000 Each person %
, 000 Each occurrence
5
, 000 Each occurrence $
. 000 Aprregate
s , 000 Each person s , 000 Each occurrence
$ . 000 Each occurrence s . 000 Aggregate
EH
, 000 Each person
, 000 Each accident
Exp. $ , 000 Each accident
EH. $ , 000 Each person $ , 000 Each occurrence Exp. $ , 000 Each occurrence
EH.
Exp.
NOTE: In addition to other policy provisions, this policy completely excludes any claim arising out of any explosion or blasting operations. It is also restricted and limited to apply only upon the premises of ASARCO
In the evenlSPatr^natcr^aPchanijc in^Sr^cancfellatK^^fPs^itf policies, the undersigned company will endeavor to give written notice to the party to whom this certificate is issued, but failure to give such notice shaii impose no obligation nor liability upon the company.
/ ***Jff/ 7'/Zc<
. Dated: 6-23--78 Name of GREAT SOUTHWEST FIRE INSURANCE /^epmEttny: COMPANY
//
7CERTIFICATE ISSUED TO: '
j" ASARCO
^ Sf'fJ'
'
--|
....... c^cjL..c. / 3 7<yr UTH0R,Z0 Representative
7/
Southwest Surplus Agency
HRnf
(American Smelting & Refining Co. )
P. O. BOX 1111
address
El Paso, Texas
L
79999
..I
ASARCO ELP 0008392
MiUo
Policy Number
Cor No (loiiot Only'
::::::: / V
III ?/f
oven
qO lg?0 DAYS UNDER 30 OATS
CERTIFICATE OF INSURANCE
PLEASE K1P ON RLE
Ihu lot m h IS-.trnd hy
n The f Kchonqe or Compony rfp$:gnoted <tn the reverse side os number.
1 A iKxt tmuranc? compony, he>em colled the Company
Cry and State
When countersigned by on authorised representative of the Company, this certificate supersedes ony previously issued certificates ond certifies thot the above policy has been issued to the insured for the coverage indicated. This certificate is subject lo oil of the te<ms, conditions and limilolions set forth in the described policy ond endorsements thereto. It is furnished us o mollo' of information only ond does not chnugu, modify or extend the policy in any way.
-- Jhe policy represented by this certificate is o continuous one ond will be in effect untilconcelfed or t+rminatod in accordance with the notice provisions below.
COVERAGES
LIMITS OF UABILITY
[ $r--
,000 eoth person
$/ ^ ,000 eoch occurrence
B -- Property Damage Liability
$ .ooo each occurrence
YEAR AND TRADE NAME
DESCRIPTION "7-4 (.Jl K/ //i.
OF VEHICLE
/>.&_ ' Vvy
, P/L
IDENTIFICATION NUMBER LAST 3 OtCtTS SHOWN
It is hereby agreed thot'prior lo conceltation <^i t^rminoK^n of this policy from ony cause the above Company
will give ten days notice In writing thereof to:
'/<> '-I
ROV h.
7fV c0.5*b'
I ^b.dr.V.^'y
ft
36-0383 12-74 1241 mW*-
PRlNlfiOlf* USA
/1 } ,
rAg- ^ a6cta 4 P- t' 7 ^
0^
/tfUy/ /it*
_______
AutMONiiro RifRcsciiiAuvr
ASARCO ELP 0008393
FARMERS INSURANCE GROUP
The following are inter-insurance exchanges sometimes referred to in the policy, when issued by either of them, as the Company:
1. Farmers Insurance Exchange Los Angeles, Californio
2. Truck Insuronce Exchange Los Angeles, California
The following are stock companies referred to in the policy, when issued by any of them, as the Company:
3. Mid-Century Insurance Comppny Los Angeles, California
** 5. Farmers Insurance Company, Inc. Mission, Kansas
* 7. Farmers Insurance Company oi Arizona Phoenix, Arizona
* 9. Farmers Insurance Company of Oregon Tigard, Oregon
* 4. Illinors Farmers Insurance Company Aurora, Illinois
* 6 Form''-, (i.t.urnnce Company of Idoho Pocatello, Idcho
* 0. Formers Insurance Company of Washington Merccr Island, Washington
* 10. Texas Formers Insurance Company Austin, Texas
* 17. Farmers Insurance Company of Arkansas Little Rock, Arkansas
The following is a mutual company referred to in the policy, when the issuer thereof, as the Company:
* 18. Farmers Texas County Mutual Insurance Compuny Austin, Texas
* Not licensed or operating in the states of Kansas ond Colorado * Not licensed or operating in the state of Colorado
ASARCO ELP 0008394
&T` ^CERTIFICATE OJ= INSURANCE
This is to Certify that
$ locky MountsIk Blasting Co. Inc 5407 Worth Mesa II Paso, TX 75912
LIBERTY MUTUAL
IIVIXfT
tNSURAMCI (0MP4N* UK-Ur mjjuAI fl*l MSIWAKr COMMIT Kr0N
Ii Nome and address of
Insured.
t?
is. at the date >! this certificate. insured by the Coinpan) for the types of insurance and in accordance with the limits of liability,
exclusions conibJic'ns. and o'her terms of the poll **. hereinafter described. This certificate of insurance neither affirmatively or neg*
atively amends, extends or alter* the coverage afforded by the policies listed below.
TYPE OF POLICY
' EXPIRATION 1 DATE
......r POLICY NUMBER
LIMITS OF LIABILITY
WORKERS COMPENSATION
1cOVERAGE AFFOFDED UNDER W C, [lAW OF FOLLOWING STATEIS)
11-17-78 j WCl-391-031563-017
LIMIT Of LlABillTY-COV. 0
noo,000/00
COMPREHENSIVE FOR*4. (~1 t ORV
<OL HZ-l
HKOO'.C'i lOV PlCIEO OPERA' DM
UJ --
2 3UJ <
on
I j T'Ni?>AP*E*NTD06EfN/CT rN'OrtNA.'
'--> tor: pacrEC'.vS
COn t RACT UAfc L*abil:TT
BODILY INJURY
EACH OCCURRENCE
<IN0ICA>( IIM<* ro* (A(H PROPERTY DAMAGE
EACH OCCURRENCE
SAGGREGATE
aggregate!
D Fa <<
f~j owufr.'
| ] !!'><
["j Mlkl (i
EA;h PERSON
i AMI Alt I0f NT Uft Oft'URRENCE
EACH ACClOfMV 'OR Or-flW N l
1j .j.. LOCATION^, or OPRAT:CM l JD3 ,-f Apt-- e.\. e*
DESCRIPTION Of OPERATIONS
NOTICE OF CANCELLATION.
DAYS I ! NT: f' Bf.*AV-
Will N. J *
i ipwi- i
PF-iOPTt. JQ' AP.Ai -'i,'
MAH CD TO
.
American Smelting i Refining Co
p.o. box mi El ?aso, TX 79999
'"AJTHORirED 'REPRESENTATIVE Of HC t
(h l if (..it*;,
/I * * ''(At <N'. .l'ii*ifr
!*.
( OMPA N* . (>. t\ > l.'l I- `
Jiy h ' 'impL >,
< i , i.< iii.-->ii- gs <t ulCiidt J by thoi Co itpony ,t j v /iut#d by lIRfRIY MUTUAL f IRE INSURANCE fc . J , '
ASARCO ELP 0008395
ROCKY MOUNTAIN BLASTING CO.
5407 NORTH MESA EL PASO, TEXAS 79912
TELEPHONE 915/5844460
MIKE MILLER
=>-<. ~TV-cW 5 S / - /i- 2-/
June 15 1978
-- ----
John Shaw, Ass't Superintendent American Smelting & Refining Co. "AS'arco7"lnc. .......f301"Wes L Pafsano~Drive-------------------- 7 -1 -Paso Texas -79946 - --------------- --_______________
Re: Drilling & Blasting Slag
Dear Mr. Shaw: Per my telephone conversation with Mr. Gibson on June 14,
1978 concerning the above subject, I am submitting the following proposal:
Drilling at a rate of $50.00 per Hour*-
Plus Explosives:
Dynamite - Amogel #1 0 42.50 Case or 85.00Cwt. Caps - 150.00C, 30' wires Carbomite "P" - Blasting Agent - 17.25Cwt.
Plus Moving Charge - $200.00 ( Moving on and off premises ).
If this proposal is accepted, please return your purchase order, for authorization, to our Company.
Yours truly.
* Does not include insurance.
JMM/dho
tCT Cc>Z~
ROCKY MOUNTAIN BLASTING CO., INC.
ASARCO ELP 0008396
MIKE MILLER
ROCKY MOUNTAIN BLASTING CO.
5407 NORTH MESA EL PASO, TEXAS 79912 TELEPHONE 915/584-4460
June 23, 1978
----- -American''Smelting & Refining Co.
P.0. Box Till ------------------- .Paso, J.exas.29999 . ...... .. --.
ADDENDUM TO PROPOSAL
Additional Insurance Required:
GREAT SOUTHWEST FIRE INSURANCE COMPANY
Policy Number - GL 48326 - 6/23/78 to 8/22/78
$ 500.00
_____________________________________
ROCKY MOUNTAIN
________________________________________ President
By . V \
ASARCO ELP 0008397
AMERICAN SMELTING AND REFINING COMPANY
FORM n INSURANCE-1 P.ci.d 9 /.7 3
INSURANCE-CERTIFICATE
AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO________________
RflTKY MOUNTAIN Rl ASTTNfi-CfW-INC_______________________________________
THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING
company ON contract
for Drilling & Blasting Slag;
atEl Paso Smelting Works, El Paso, Texas;__________________________________________
IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS'
PRIOR WRITTEN NOTJCE WILL DE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY.
attn............ -Mr.
Kelly
---------------- PLANT MANAGER.
KINO OF INSURANCE
DESCRIPTION OF POLICY
EXPIRES
LIMITS OF LIABILITY
REOUIRED MINI MUM
CONTRACTOR S PUBLIC LIABILITY (COMPREHENSIVE
INCLUDING CONTRACTUAL)*
BOOILY-INJURY PROPERTY.DAMAGE
EACH OCCURRENCE S EACH OCCURRENCE %
$300,000
$ 25.003
contractor's MANUFAC URERS' &
PROTECTIVE LIABILITY
GL-48326
BODILY-INJURY
CONTRACTOR LIABILITY
8-15-78 to 10-15-78
EACH OCCURRENCE $
300,000.00
$300,000
PROPERTY.DAMAGE
GL-48326
EACH OCCURRENCE $ 100,000.00
$ 25.000
In addition to otji er policy provisions, this policy completely Excludes
Automobile any claim arising oat of any explosion or blasting operations,
It is also restri oted and limited to apply only upon the premises of
bodily, injury ASARCtf) located [in El Pasof^Tiafi^0^
*
$100,000
EACH OCCURRENCE $
$300,000
PROPERTY.DAMAGE
EACH OCCURRENCE f
$ 25.000
WORKMEN S COM.PENSATUN AND
COMPLY W ITH
APPLICABLE STATE LAW
employer's liability
EACH OCCURRENCE i
$ 25.000
DATE August 2, 1978
Great .Southwest Firp IrKiiranre Pnmpany
INSURANCE COMPANY
El Paso, Texas
C ITY
STATE
souTHWES^m^F^EM' ve
*Th* Contractor shall a are haralaaa and indemify the Omer from end againat any expanse, lots or dawtga on account of any claim, demand or cult made by any person whomsoever, including any eeployee of tha Omar, which is ia any way caused by or connaeted with, or grows out of the execution end performance of thie contract by the Contractor or a&y Subcontractor; pro* Tided, hoverer, that the Contractor shall not ba required to indemnify the Owner egainet any loss caused solely by nagli* genet or willful fault of the Owner or its employees. The Contractor eccepta all risk of injury or dauage cud ell respon* sibility for any claims for damages whatsoever resulting from tha use, misuse, or failure of any hoist, rigging, blocking, scaffolding, or other like or unlike aquipnant used by the Contractor or any Subcontractor, evtn though such equipment bo furnished or loaned to the Contractor or any such Subcontractor by the Owner* and ehell indemnify the Oner against all
cuoh tlaimti
ASARCO ELP 0008398
AMERICAN SMELTING AND REFINING COMPANY
FQRM W INSURANCE-! R*ied 9 /.7 3
INSURANCE-CERTIFICATE
AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUDCONTRACTORS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO_______________
ROCKY MOUNTAIN BLASTING CO., INC.
CTHOEMSPEANYPOOLNICCIEOSNTRARAECTNOW ^LN FORCE1.1CP1 V"E9R I4NGB-WlOaRKsBtYsT"HSEi, 3AQSSURED FOR AMERICAN SMELTING AND REFINING
1 Paso Smelting Works, El Paso, Texas
AT _________________________
IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS'
PRIOR WRITTEN ^Cj^TICj^l^LL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY,
ATTN..
PLANT MANAGER.
KINO OF INSURANCE
NUMBER
DESCRIPTION OF POLICY
EXPIRES
LIMITS OF LIABILITY
MINI MUM
CONTRACTOR*S PUBLIC L1AB1L1TY (COMPREHENS1VE INCLUDING CONTRACTUAL)*
BOO 1LY- INJURY
PROPERTY.DAMAGE
contractor's PROTECTIVE LIABILITY
EACH OCCURRENCE $ EACH OCCURRENCE $
$300,000 $ 25,000
BODILY*INJURY PROPERTY.DAMAGE
EACH OCCURRENCE I EACH OCCURRENCE
$300,000 $ 25.000
AUTOMOBILE BODILY-INJURY
PROPERTY.DAMAGE WORKMEN'S COMPENSATION
AND employer's liability
WC1-391031583017 same as above
EACH PERSON
EACH OCCURRENCE
EACH OCCURRENCE S
11-17-78
Texas
11-17-78 EACH OCCURRENCE 100,000.00
$100,000 $300,000
$ 25.000
COMPLY w ith APPLICABLE STATE LAW
$ 25.000
DATE ft- 3- nfr
1 ibert.y Mutual
INSURANCE COMPANY
CITY
t
^ A. ScTrAi TTEE
> s.
is
AUTHORIZED REPRESE^TAT I YE
The Contractor shall aaro harmless and indemnify the Owner from and against any erpanas, loss or dewe|W on account of any eltin, demand or soil made by any person whomsoever, including any employee of the Oner, which is in any ray caused by or connected with, or grows out of the execution and performance of this contract by the Contractor or soy Subcontractor? pro* tided, however, that the Contractor shell not be required to indemnify the Ovnor against any loss caused solely by negli* genes or willful fault of the Owner or its employees. The Contractor accepts all risk of injury or damage and all rtapon* aibility 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 suck cquipeent be furnished or loaned to the Contractor or any such Subcontractor by the Owner, end shell indemnify the Owner sgsinst all such clsins.
ASARCO ELP 0008399
AMERICAN SMELTING AND REFINING COMPANY
FORM # INSURANCE.! RtrixiJ 9/7 3-
INSURANCE-CERT1FICATE
AMERICAN SMELTfNG AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO___________________
ROCKY MOUNTAIN BLASTING CO.. INC.
THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING
COMPANY ON CONTRACT for DrT 7 7 TTIff fi_________BlaStTn,"_ ATFT Pasn SwpH-inn V'n-rVg,_____________________________ FT Pagnt TPYa;
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.
ATTNM-r V T7
TV 1 Tv------------- plant MANAGER.
KIND OF INSURANCE
NUMBER
DESCRIPTION OF POL ICY
EXPIRES
LIMITS OF LIABILITY
REOUIRED MINIMUM
contractor's public LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)*
BOOILY-INJURY
PROPERTY-DAMAGE
CONTRACTOR * S PROTECTIVE LIABILITY
EACH OCCURRENCE I EACH OCCURRENCE $
$300,000 $ 25.000
BODILY.INJURY PROPERTY.DAMAGE
EACH OCCURRENCE $ EACH OCCURRENCE S
$300,000 $ 25.000
AUTOMOBILE BODILY-INJURY PROPERTY-DAMAGE
WORKMEN'S COMPENSATION A NO
EhPLOYER *S LIABILITY
75721592 75721592
12-30-78 EACH PERSON
t 100,000.00
EACH OCCURRENCE I 300,000.00
12-30-78 EACH OCCURRENCE S
9^ 000 00
$100,000 $300,000
$ 25.000
COMPLY W ITH
APPLICABLE - STATE LAW
EACH OCCURRENCE $
$ 25.000
OATE
Farmers Insurance Group (Truc^si'fimS^NYExchanRe)
CITY
STATE
Tha Contractor ahall haralaaa and indaamify tha Omar froa and against any axpaaaa, loaa or dcatfa on accosnt of any claia, dtaand or auit aada by any poraon whoeaoaTar, inclu ding any aaployaa of tha Ownar, which ia in any way cauaad by or connaetad with, or grows out of cha axaeution and parforaa nca of thia contract by tha Contractor or any Subcontractor; pro ridad, hovavar, that tha Contractor ahail not ba raquirad to indemnify tha Ownar againat any loaa cauaad aolaly by nagligcnca or willful fault of tha Omr or ita aaployata. Tha Contractor aceapta all riak of injury or dsaaga and ail raaponaibility for any clsias for dsaagas whatsoarar resulting f on tha uaa, aiausa, or failura of any hoiat, rigging, blocking, scaffolding, or othar lika or unlika aquipaant uaad by tha Contractor or any Subcontractor, a*an though auch aquipaant ba faraiahad or loanad to tha Contractor or any auch Subcoatr actor by tha Ovnar, and ahall indaanify tha Ownar againat all
auch claiaa.
ASARCO ELP 0008400
|j
AMERICAN SMELTING AND REFINING COMPANY insurance.! R.Ti..d 0/7 3INSURANCE.CERTIFICATE
l^iKCRICAN SMELTING AND REFINING COMPANY RCOUIRCUCNTS FOR CONTRACTORS AND SUBCONTRACTORS.
THIA IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO
ROGKY MOUNTAIN Bl ASTING CO., INC.
THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING
company on contract
for Drilling S._B.lastinq Slag
ATFI Paso Snip!ting Worlcs. El Paso..-Texas_________________________________________________
IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS'
PRIOR WRITTEN NOTICE WILL 8E GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY.
attn______ Me___ lsLU.--K.el 1y------------------------------ . plant manager.
KIND OF INSURANCE
NUMBER
DESCRIPTION OF POLICY
EXPIRES
LIMITS OF LIABILITY
REOUineo MINI MUM
CONTRACTOR'S PUULIC LIABILITY (COMPREHENSIVE
INCLUDING CONTRACTUAL)**
BODILY-INJURY PROPERTY-DAMAGE
EACH OCCURRENCE $ EACH OCCURRENCE J
$300,000 S 25.000
CONTRACTOR'S PROTECTIVE LIABILITY
BODILY-INJURY
GL-48326
8-15-78
tp 10-15-78
each OCCl RHENCE I 300,000.00
$300,000
PROPERTY-DAMAGE
GL-48326
EACH OCCURRENCE t 100<00(h00
S 25.000
In addition to o tner poiic y provisic ns, this policy completely exclude:
automobile
any clai m arising out of an} explosion or blasting ope rations
It is also restr icted and limited tc apply only upon the premi ses of
BOD ILY. INJURY ASARCO located : n El Paso, EFetCBWSON
s
$100,000
EACH OCCURRENCE I
$300,000
PROPERTY-DAMAGE
EACH OCCURRENCE $
$ 25.000
WORKMEN'S COMPENSATION AND
COMPLY w ITH APPLICABLE STATE LAW
EMPLOYER'S LIABILITY
EACH OCCURRENCE I
$ 25.000
August 2, 1978___________ __
Great Southwest Fire Insurance Company
INSURANCE COMPANY
El Paso, Texas_______
CITY
STATE
AUTHORIZED REPRESENTATIVE
SOUTHWEST SURPLUS AGENCY
*T^ie Contractor shall save harmleaa and indasnify tho Owner from and ageinet any expenee, loa# or damage on account of any claim, demand or suit made by any parson whomsoever, including any employee of tha Owner, which is in any way csusad by or connacted with, or grows out of tha execution and performance of thia contract by ths Contractor or any Subcontractor; pro* Tided, howarar, that tha Contractor shall not ba required to indemnify tha Owner against any loss caused eolaly by nagli* genes or willful fault of tha Owner or its employees* The Contractor accepts all risk of injury or damageand all respon sibility for any claims for dewages whatsoever resulting froo th use, miauae, or failure of any hoist, rigging, blocking, scaffolding, or other like or unlike equipment utad by the Contractor or any Subcontractor, even though aucb equipment ba furnished or loaned to the Contractor or any such Subcontractor by tha Owner, and shall indemnify the Owner against all
such claim.
ASARCO ELP 0008401
,i
AMERICAN SMELTING AND REFINING COMPANY
FORM f INSURANCE 1 Re vi eed V/7 3
INSURANCE-CERTIFICATE
AMERIC/jN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS.
THIS is TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO _____________ ___
_______________ ROCKY MOUNTAIN BLASTING CO.. INC.__________________________
THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND. REFINING
COMPANY ON CONTRACT for 1) T i 11 T TI P fi B 1 3 S t 1 Tl " SlaF
at FI________________________________Fa;o Snel t i ti-g. WarVs, FI__ Fasn,
___________________________
IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS' PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY. ATTN**'' u' P K?? 1 V------------------------------ PLANT MANAGER.
KIND OF INSURANCE
NUMBER
DESCRIPTION OF POLICY
EXPIRES
LIMITS OF LIABILITY
REOUIRED MINIMUM
CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)*
BOOILY-INJURY
PROPERTY.DAMAGE
CONTRACTOR'S PROTECTIVE LIABILITY
EACH OCCURRENCE $ EACH OCCURRENCE $
5300.000
5 25.000
BODILY-INJURY PROPERTY-DAMAGE
EACH OCCURRENCE S EACH OCCURRENCE S
5300.000
5 25.000
AUTOMOBILE BODILY-INJURY
property-damage workmen's compensation
AND employer's liability
75721592 75721592
12-30-78
EACH PERSON
S
EACH OCCURRENCE S
100,000.00 300,000.00
S12-30-78 EACH OCCURRENCE
*> 000 00
5100.000 5300.000
5 25.000
COMPLY W ITH APPLICABLE . STATE LAW
EACH OCCURRENCE S
5 25.000
DATE
Fanners Insurance Groun
(Tru cFsM?rmNYExch an R e )
C ITY
STATE
AUTHORIZED REPRESENTATIVE
TTi* Contractor ahall aara haralaaa and indunnify tha Oanar frou and agaisat any axpanaa, loaa or dabaga on account of any clcift. daoand or auit aada by any paraon vhooaoarar, including any aoployaa of tKa Oanar. ubicb ia in any way cauaad by or connected *ith, or grows out of the execution and performance of this contract by the Contractor or any Subcontractor; pro* tided, however, that the Contractor ahall not ba required to indemnify the Owner afainat any loaa cauaad aolaly by neflifence or willful fault of the Owner or ita employees* The Contractor aecapta all nak of injury or dsmagtand all reapon* aibility for any claims for damages whataoevar raaultiog fro* th* uaa, aieuee, or failure of any hoiat, rifging, blockinf, scaffolding, or ether like or unlike equipment weed by the Contractor or any Subcontractor, even though aucb equipment ba forsiahed or loaned to the Contractor or any aucb Subcontractor by tha Owner, and ahall indemnify tba Owner againat all
auch claim*.
ASARCO ELP 0008402
r AMERICAN SMELTING AND REFINING COMPANY FORM ft INSURANCE.t R.ti.ed 9/73
insurance.certificate
AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO
ROn/Y MflllMTATN Rl flSTTNG ffl , TNP
THESE POLICIES ARE NOW IN FORCE, COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING
company ON contract
for Drilling & Blasting Slag
ATEl Paso Smelting Works. El 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 REFINING COMPANY,
ATTN________tyr, W.,R, .Kelly--------------------------- . PLANT MANAGER.
KIND OF INSURANCE
NUMBER
DESCRIPTION' OF POLICY
EXPIRES
LIMITS OF LIABILITY
REOUIRED MINI MUM.
CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)*
BOOILY-INJURY
PROPERTY-DAMAGE
CONTRACTOR'S PROTECTIVE LIABILITY
EACH OCCURRENCE i EACH OCCURRENCE f
$300,000 S 25.000
BODILY-INJURY PROPERTY-DAMAGE
EACH OCCURRENCE I EACH OCCURRENCE S
$300,000 $ 25.000
AUTOMOBILE BODILY-INJURY PROPERTY-DAMAGE
EACH PERSON . $ EACH OCCURRENCE S
EACH OCCURRENCE $
$100,000 $300,000
$ 25,000
workmen's COMPENSATION AND
employer's liability
date
/- 2 - 1
WCl-391031583017
Same as above
11-17-78
Texas
11-17-78
EACH OCCURRENCE f
inn.non nn
Liberty Mutual
INSURANCE COMPANY
yl/77- 3- A
COMPLY WITH APPLICABLE STATE LAW
$ 25,000
C ITY
STATE
AUTHORIZEDD REPRESENTTA* T I VE
ASSIGNED RISK
The Contractor ahcll car# heracleaa and inder.ni(y the Omer from and efaiaat any expense, loan or denage on aeeonnt of any claix., demand or suit rad by any paraon vho*aoTr, including any employee of the Omar, hich ia in any tay cauaad by or connected vith, r grove out of the execution end perfomance of thia contract by the Contractor or any Subcontractor; pro* Tided, hoverer, that the Contractor ehtll not bo required to indemnify the Oner against any loaa cauaad aolely by uegli* genea or villful fault of the Ovner or ita employee*. The Contractor accepte all riak of injury or dtutge aud all roapon* aibility for any claima for daeagaa vhataoeTor raeulting from the uae, niausa, or failure of any boiat, rigging, blocking, acaffolding, or other like or unlike equipment uaed by the Contractor or any Subcontractor, eToa though such equipaent be furniahed or loaned to the Contractor or cny sueh Subcontractor by the Omar, and ahell indaanify the Omar againat nil
uch elaiaa.
ASARCO ELP 0008403
This form is issued by:
281978
,
The Gxchonge or Company designafed^>VfW reverse side os number
E
A srock insurance compony. herein colt
Ofy ond Side
When countersigned by an authorized representative ooCU&L JSwvTtrnijlpb^'nnyyf,tthhiiss cceerrttiiffiicoate supersedes any previously issued
certificates and certifies that the above policy hos been issued to the insured for the coverage indicated. This certificate
is subject to oil of the terms, conditions and limitations set forth in the described policy and endorsements thereto. It
is furnished as a matter of information only ond does not change, modify or extend the policy in any woy.
insured yZpi ^y M / fJ fj L' r
ond
AddreS! ^v'o7 A/ >'>t- M
\
o.
1SL
~1w -?''?'J-
EFFECIIVE DATE <f7r-" s /Pm
TIME*
/7
MONTH
3
OAY
-7-7
YEAR
(Applies To This Certificate)
mno or
ENTRY
The policy represented by this certificate is a continuous one and will be in effect untilcancelled or terminated in accordance with the notice provisions below.
COVERAGES
UMITS OF LIABILITY
so ofoars
A--Bodily Injury liability
'$ ,000 each person . $/ ,000 each occurrence
B--Property Oomoge Liability
$ Z? ,00 each occurrence
YfcAK ANU lKAUt NAMfc__________________ /
IDENTIFICATION NUMBER
DESCRIPTION "?L CA
OF VEHICLE ' .-2.S-.fr
>f]/
W-4
b ,,yrnS-
LAST 3 DIGITS SHOWN
It is hereby agreed that prior to cancellation or termination of this policy from any cause the above Company
will give ten days notice in writing thereof to:
56-0383 12-74 1241 PRINTED IN U.S.A. <&S
REGIONAL OFFICE COPY
/
ASARCO elp
FARMERS INSURANCE GROUP
The following ore inter-insurance exchanges sometimes referred to in the policy, when issued by either of them, as the Company-.
I. Farmers Insurance Exchange los Angeles, California
2. Truck Insurance Exchange Los Angeles, California
The following are stock companies referred to in the policy, when issued by any of them, as the Company.-
3. Mid-Century Insurance Company Los Angeles, California
* 4. Illinois Farmers Insurance Company Aurora, Illinois
5. Farmers Insurance Company, Inc. Mission, Kansas
7. Farmers Insurance Company of Arizona Phoenix, Arizona
9. Farmers Insurance Company of Oregon Tigard, Oregon
* 6. Farmers Insurance Company of Idaho Pocatello, Idaho
* 8. Farmers Insurance Company of Washington Mercer Island, Washington
* 10. Texas Farmers Insurance Company Austin, Texas
17. Farmers Insurance Company of Arkansas Little Rock, Arkansas
The following is a mutual company referred to in the policy, when the issuer thereof. as the Company:
18. Farmers Texas County Mutual Insurance Company Austin, Texas
Not licensed or operating in the states of Kansas and Colorado Not licensed or operating in the state of Colorado
//. if IS
f
ASARCO ELP 00084-05
ASARCO ELP ASARCO A NYK 7-27-78 R 0 COVINGTON REF. REON. EP-37 CONTRACT WITH ROCKY MOUNTAIN - CERTIFICATE INSURANCE ASARCO FORM #1 NOT ACCEPTABLE AS DOES NOT INDICATE INSURANCE CARRIER NOR HAS IT BEEN SIGNED. RELATIVE OTHER INSURANCE FORMS SUBMITTED ONLY THAT COVERING MANUFACTURER'S AND CONTRACTOR'S LIABILITY SUITABLE SUGGEST YOU OBTAIN PROPERLY EXECUTED ASARCO FORM #1 FORWARDING SAME PROMPTLY. F 0 WITTVER
ASARCO ELP ASARCO A NYK
ASARCO ELP 0008406
HR. F. 0. WITTWER
Aarco Incorporated
P. 0. Box 1111
!-:i Paso, Teras 79999
Contracts & Proposal Attached.
Tills Requisition Is To Record A^reesciit Entered Into Tilth
Rod:y 'Sountai:; Plaitinc Co. For PriIllnp And Slastinr Fla-; .
July 11, 197S YaTfJ ^ Mininn CT*rr
ASARCO ELP 0008407
ROCKY MOUNTAIN BLASTING CO.
5407 NORTH MESA EL PASO, TEXAS 79912
TELEPHONE 915/584-4460
MIKE MILLER
?
~?V-cW 5?/' /A 3/
John Shaw, Ass't Superintendent American Smelting & Refining Co. Asarco, Inc. 2301 West Paisano Drive El Paso, Texas 79946
June 15, 1978 Re: Drilling & Blasting Slag
Dear Mr. Shaw: Per my telephone conversation with Mr. Gibson on June 14,
1978 concerning the above subject, I am submitting the following proposal:
Drilling at a rate of $50.00 per Hour*-
Plus Explosives:
Dynamite - Amogel 1 @ 42.50 Case or 85.00Cwt. Caps - 150.00C, 30' wires Carbomite "P" - Blasting Agent - 17.25Cwt.
Plus Moving Charge - $200.00 ('Moving on and off premises ).
If this proposal is accepted, please return your purchase order, for authorization, to our Company.
Yours truly. J-lUj?[AiZL
J. Michael Miller, President ROCKY MOUNTAIN BLASTING CO., INC.
* Does not include insurance.
JMM/dho
IoTAu EsT Cp&y
IQSfaO
ASARCO ELP 0008408
MIKE MILLER
ROCKY MOUNTAIN BLASTING CO.
5407 NORTH MESA EL PASO, TEXAS 79912 TELEPHONE 915/584-4460
June 23, 1978
American Smelting & Refining Co. P.0. Box 1111 El Paso, Texas 79999
ADDENDUM TO PROPOSAL
Additional Insurance Required: GREAT SOUTHWEST FIRE INSURANCE COMPANY
Policy Number - GL 48326 - 6/23/78 to 8/22/78
$ 500.00
ROCKY MOUNTAIN BLASTING CO., INC. President
ASARCO ELP 0008409
: CERTIFICATE OF INSURANCE
This is||6 Certify that
Mountain Blasting Co. Inc fi North Mesa
o, TX 79912
"l
J
LIBERTY MUTUAL
is, at the date of this certificate, insured by the Company for the types of insurance and in accordance with the limits of liability, exclusions, conditions, and other terms of the policies hereinafter described. This certificate of insurance neither affirmatively or neg atively amends, extends or alters the coverage afforded by the policies listed below.
TYPE OF POLICY
WORKERS' COMPENSATION
EXPIRATION DATE
11-17-78
POLICY NUMBER
LIMITS OF LIABILITY
COVERAGE AFFORDED UNDER W.C. LAW OF FOLLOWING STATE(S):
LIMIT OF LIA8ILITY-C0V. 8
WC1-391-031583-017
TX
$100,000/00
GENERAL LIABILITY
rL~Ji
COMPREHENSIVE FORM
SCHEDULE FORM
f--I PRODUCTS COM-
LJ PlETED OPERATIONS
___ INDEPENDENT CON-
Pl--H
TRACTORS/CONTRACTORS PROTECTIVE
J--I CONTRACTUAL
1__ 1 LIABILITY
n
Q OWNED | | NON-OWNEO
fl HIRED
BODILY INJURY
(INCXATI LIMIT FOt EACH STATE)
PROPERTY DAMAGE
EACH
EACH
$
OCCURRENCE $
OCCURRENCE
$
AGGREGATE $
AGGREGATE
$ EACH PERSON
*
EACH ACCIDENT
EACH ACCIDENT
*
OR OCCURRENCE &
OR OCCURRENCE
LOCATION(S) OF OPERATIONS & JOB # (It Applicable)
DESCRIPTION OF OPERATIONS:
AUTOr
OTHER LIABILITY
NOTICE OF CAttCEUATlON: (NOT APPLICABLE UNLESS A NUMBER OF'
DAYS IS ENTERS) BB.OW). BEFORE THE STATED EXPIRATION DATE THE COMPANY
WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES PRIOR TO____ 10 DAYS AFTER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS mS^RQQ
MAILED TO:
r
American Smelting & Refining Co. P.O. Box 1111 El Paso, TX 79999
~i
LJ
1978
sated
authorized representative
6-5-78
Dallas
DATED
OFFICE
Thli certificate It eiecuted by LIBERTY MUTUAL INSURANCE COMPANY at retpeclt tuch Insurance at It afforded by That Company. It It executed by LIBERTY MUTUAL FIRE INSURANC
ASARCO ELP 0008410
MIKE MILLER
ROCKY MOUNTAIN BLASTING CO.
5407 NORTH MESA EL PASO, TEXAS 79912 TELEPHONE 915/584-4460
June 23, 1978
American iaeltlng & Refining Co. P.0. Box Till El Paso, Texas 79999
ADDENDUM TO PROPOSAL
Additional Insurance Acquiree*.
GREAT SOvTHi-iFRT FIRE Ii'S'Jrinv: F.
Policy Nu~ler - C-L
- V?7'/:
R-.*' I"1
GOC1C1 rSOc'.'i17iIj uLASTI.^i CO., I.'ic. By J- \Lju-cVwCLl
Pres i don't
ASARCO ELP 0008411