Document VJo4qM9xyMMm4Z8Z71aEo21Nw

'I r j July lU, 1967 \o 'A. i iP PLAINTIFF'S EXHIBIT ASA-1259 Willard A Belle Company, Inc. 21? N. Poplar Street EL Paso, Texas 79901 Attention^ Mr. Bob Crockett Gentlemen: I am enclosing herewith a copy of our contract with you covering Insulating air pipes and burner manifold on gas fired preheaters at our reverberatory furnace. This contract has been approved and signed' by our New York Purchasing Department and is for your file. Years very truly. JWE:nsg end. J. W. English Plant Engineer h' ASARCO ELP 0009919 Revised 3/63 TO: APPROVED BY Page 1 of 7 Construction or Repai Contract Fora PD-19 Under $100,000.00 ORDER NO. ^ ft Operating RETUI\N TO PURCHASING DEPARTMENT CONTRACT FOR ipurnishing 8 Installing Insulation (Insert name of job) 61 Paso AMERICAN SMELTING AND REFINING COMPANY'S P.1 Paso, Texas at_____________________ THIS AGREEMENT, made the .(Insert town and state) ____ day of Jun Plant 19. 67 by and between ******* A InC____________ 215 North Poplar Street, 61 Paso, Texas 79901 ., whose address is ..(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* 0. Box 1111 El Paso, Texas 79999 (Insert address of plant or unit) (hereinafter called the "Owner"). WITNESSETH: The Contractor and Owner agree as follows: Article 1. Scope of the work The Contractor shall furnish all shop drawings, field engineering, labor, tools, equipment, transportation, materials and other facilities, except such items as are hereinafter listed as being furnished or furnished and installed by Insulation the Owner, for(hereinafter called the "work") B1 P*SO (Insert name of job) J PtSO, T*XSS ` at theplant of the Owner at (Insert town & state) in accordance with the drawings and specifications listed below, all of which are incorporated herein by reference and made a part hereof: As per two Willard A. April 21, 1967, nd Juno 19, 1967, covering insulation of Air Prehoator piping and burner Manifold, ASARCO ELP 0009920 Page 2 of 7 ] Article 2. Time of Completion ---------------------------------- ---------- About .July 15, 1967 The work shall be commencedand shall be substantially complete rtthln SO day* Article 5. Payment (to be deleted if progress payments are to be made}-:.- The Owner shall pay the Contractor for the performance of this Contract, *lx thoutand *ight hundred seventy `six the sum of. dollars, __________ )> lawful money of the United States of America within 50 days after satisfactory completion of the work and sub mission by the Contractor of evidence (including, if requested, complete releases of all liens arising cut of or in connection with the work by all persons, firms or corporations on whose behalf such, liens could be or were filed) satisfactory to t)ie 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. Pwywww*1?' (*... ... TU' l"V HM ........................*""~ ie* 5wile* " s ita'LY' ?ay "tee",'ont r actor *for* 117 " "per?or*r.anc * *o" tin" contract,"" --**"*'* -Af-------- ------- -- a follows: On or about the day of each calendar month, commencing - . 19 . the Owner shall pav the Contractor per cent. ( f?) based on the contract prices, of the labor and" materials incorporated xn me work anci of materials suitably stored at the site thereof up to the end pletion of the entire work, a sum sufficient to increase the total payments to ....... Refit^^(ib.'^b.^?Ea%t.i.'iufi..ba.0trae46'.a ]>).*&]ti.*don .......... J^cab^8i5^..a%^e...Bdb.'W..eot*!witof. ......... QJWieUbixw.ttUi a 1 apesswiB* .itme*#ae *Mm*# 4+ Sllftiu iuatf sojiW. b< <AiViic. ind4 .thai. aU Wbi. e*4 .net# w *eeL ... dATi-'fluaAwJ. u .tixe.'aorJr. .raid* n .bnebtaebaa *.(**-*<<:. k* *ti*)oem . <py .* * TBftPis.Q.tUte.'UUtfui<U.(i3,'iect<. aatd abba:ak.9a.#efc.t*>e.io'4"'W*r*#fro.Jw*4?4he ... .. iSWjf'liJJ,iii'l)aJi&ij.'i.xeu'Li, fce filed have been paid and that the work is free of all liens and encumbrances. ASARCO ELP 0009921 Page 3 of 7 Article -1. Payments Withheld Owner ;-.ay y;iaid all or par;, of a::y : a;.~ sary t - to't t:.- 3-.vr.-r fro-r loss or damage.- :r: fi.-e*. L-.-- v; rk - 0 / --Laim.? f i i--.i n -'iM-- fill :.g of ; in::::.- :y oti.er parties a-a: ::s : t (e) faiiur-- 'f to make pajT.ents ;-r:-;.-vr ` r ir.-it.-rial -:r ianr, {-1) a reasonal"le ieubt that thi .'Ict-.-d for tr.-- raiarsee ti:>*n unpaid, cr (e) damage `-c ti the w> f another o '.-r rar t or. Article S. Liens to t !.-- - x t--r:t nee os rf 'a) ia.-nag'-'i or d'-- n -- in i irat in,-, r.trarv-r -.-r i.h-- Own- r ; Su:traitors or cr.trrK-t -'an be eomOwner's |roperty or Tf any lien remain unsatisfied after payment of the full contract trie-. athe- Contractor shall refund to the Owner all moneys that l-.t'.-r may to c. m:-ailed to pay in discharging such lien, including all costs :-.r.d a :! tee.oabie attorney's fee. The Contractor shall, at any. time requested b\ G.vtir-r, d-.-livc-r a bond satisfactory to the Owner indemnifying it against nr.y lien and expenses occasioned thereby. Art - o 1 e 6. Title to the iV'ork Title to all wort: completed-or in the course of construction shall be ir. 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. 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 relevent 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. ASARCO ELP 0009922 Page 4 of 7 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 then 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 per formance 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 C^ntractor 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 Subcon tractor 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, wind storm, smoke, hail, aircraft, explosion, vehicles, riot or civil commotion. Article 12, Compliance with Lavs 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 regulation, he shall bear all costs arising therefrom. 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 comply 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. Fatents 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 drawing or specifications furnished by the Owner. ASARCO ELP 0009923 Pape b of 7 Article 14. Changes in the V.'ork The Owner, without invalidating this contract, may at any time order extra work of make changes by altering, adding to or deducting from the work. Such order may be made the Ov.'ner on its own behalf or a:- t:.a request of the Con tractor, 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 be fore work on the change is begun unless the Owner gives written ordfr 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 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 readjust ment provisions of the Bankruptcy Act, or if ilK` Contractor at any time should refuse or neglect to supply enough properly skilled workmen or proper materials, or if he should fail 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 the contract which he 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 de fault and take possession of the premises and of all materials, tools and ap pliances ttiereon and finish.the work by whatever method the Owner may deem ex pedient. 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 con tract 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 to 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 bal ance, 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 re imbursed the dispute shall be settled by arbitration. Article 16. Correction of '.Vork after Payment Neither payment nor any provision in this contract shall relieve the Contractor of responsibility lor faulty materials or workmanship and -the Con tractor shall remedy any defects due thereto and pay for any damage to other work resulting there fro::: wrier, shall appear withir. cr.e year frerr. zhe 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. ASARCO ELP 0009924 Page 6 of 7 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 Contractor shall require each Subcontractor to execute a contract in writing containing provisions similiar 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 Sub contractor 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 hereunder 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 (78) hours in advance. Article 31. Undertakings by the Owner The Owner agrees to obtain and pay for any permits, licenses and ease ments required for permanent structures or changes, and, to the extent practic able without interference with operations, to furnish the Contractor, free of charge, for its use during construction, electricity, water, steam and compress ed air required for construction purposes, at the voltage and pressure currently available at Owner's said plant, to a point adjacent to or within feet 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 tempo rary lines required to bring them to the point of use. Article 23. 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. Additional Provisions (Add such additional provisions, if any, as the particular iob requires). ASARCO ELP 0009925 Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written. JfiUnrd A* KeU, Inc* Contractor ByTitle 4- AMERICAN SMELTING AND REFINING COMPANY , Owner By. L-L. / ASARCO ELP 0009926 AMERICAN SMELTING AND REFINING CuMPANY F0RM * insurance-I ni,,d 11/56INSURANCE-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_____________ WILLARD A. SELLE, INC.: THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING COMPANY ON CONTRACT ATRT, PASO SMF.T.TTMG WORKS, RT, PASO, TRXAS 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 BROADWAY, NEW YORK, N.Y. KINO OF INSURANCE NUMBER DESCRIPTION OF POLICY EXPIRES LIMITS OF LIABILITY REQU 1 RED MINI MUM contractor's PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)* BODILY-INJURY ice 50017 PROPERTY-DAMAGE ice 50017 contractor's PROTECTIVE LIABILITY 1-1-68 1-1-68 BODILY-INJURY LCC 50017 1-1-68 PROPERTY-DAMAGE COMPREHENSIVE AUTOMOB 1LE BODILY-INJURY LCC 50017 1-1-68 3TC 1131 1-1-68 PROPERTY-DAMAGE OTC 1131 1-1-68 EACH PERSON $ 250,000 EACH ACCIDENT $ 500,000 EACH ACCIDENT $ 200,000 EACH PERSON 8 250,000 EACH ACCIDENT S 500,000 EACH ACCIDENT $ 200,000 EACH PERSON 8250,000 EACH ACCIDENT 8500,000 EACH ACCIDENT 8 100,000 $100,000 8300,000 $ 25.000 5100.000 8300.000 S 25.000 8100.000 $300,000 , 8 25.000 workmen's compensation and TPJ1107 1-1-68 , COMPLY W ITH applicable STATE LAW EMPLOYER'S LIABILITY TPJ .1107 1-1-68 EACH ACCIDENT $500,000 8 25.000 date June 26, 1967 UNITED STATES FIDELITI AND GUARANTY CO. _____ AND FIDELITI & GUARANTY INS. UNDERWRITERS, INC. Saunders & McArance cofARY- .> El PasoTexas_______________________ CITY STATE AUTHORIZED REPRESENTATIVE The Contractor shall save haritless 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; pro vided, however, that the Contractor shall not be required to indemnify the Owner against any loss caused solely by negli gence or willful fault of the Owner or its employees. The Contractor accepts all risk of injury or damage and all respon sibility 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 0009927 : . ..^Telephone 533-1458'.215 N.. Poplar,Sr. . EL PASO, TEXAS'79901 July 26,1967 cr v,*:v?;. ...A*;-' V*ii:* i?fV*-... Itv' f& " ' . ^v- ' **' . ` Ik-7 m`iVV -' ' *y- ifc fclAt - 1 <\ * ASA-P.GO box mi El Paso, Texas '.:entle--en: Vhio ie to advi Workers Looal 7'jt Albuquerque, New Vexioo will be terminated effective July 3!, 19-^7 Although we anticipate no worh etopi Ns . ,:-ege, wo feel we should notify you regarding the possibility Of a labor dispute, ';-Va: \:W At the present U*e, we Are no,qotinting with Looal # 76, and we are hopeful that a new oontract will 1967, .' are doing all that i poenible be to ealvgonieddablyabJourlyd3is1 : pute} however, should, thin situation develop*, we will certainly appreciate your cooperation* - Your* very truly,^; Jm$ y| WILLED 1. fi^LLK, IhVV 1,,0 * . '/ I 'J #Ji Xnass '. ;.-v ?3 Jl/bp ft ECE I V.E O .!\M ?/! Stf*- T. J, WtU!,.s(jJ'E^' . i*-C, 'rx*\ i$ ' . ASARCO ELP 0009928 WILLARD A. SELLE, luc. Telbphonh 535-1438 215 N. Poplae St. EL PASO, TEXAS 79901 June 19, 1967 American Smelting & Refining Co* P* 0* Box 1111. 1 Paso, Texas Attn: Mr* Bill Nasymth Gentlemen: Re: Reverb Blower Header We are pleased to quote the total sum of $633*00 to furnish and apply insulation in connection with the above referenced project. Our quotation is based on a complete insulation job for the areas shown on your Drawing Number E10702. We will furnish all materials, labor, tools, scaffolding, etc., necessary for a complete job as outlined below in our proposal. We propose to remove the exLsting insulation. The Header will then be re-insulated with Owens-Coming Fiberglas Corporation*s Metal Mesh Blankets, 4n thick, with poultry netting on both sides* The blankets shall be plastered with insulating cement. All plastered surfaces and the stiffners on the Header shall be covered with poultry netting and weatherproofed with mastic. Applicable state taxes are included in our quotation. We appreciate the opportunity to quote on this project, and hope we may be of service. Respectfully submitted, WILLARD A. SELLE, INC. BC:R Bob Crockett Listribufors Fur- ASARCO ELP 0009929 "-T-7T \kilXARD A. S^ELLE, Ac. Telipuoni 333-1438 * 215 N. Poplax St. BL PASO, TEXAS 79901 April 21, 1967 American Smelting & Refining Co. P. 0. Box 1111 1 Paso, Texas Attn: Mr. Bill Naysmith Gentlemen: Re: "Thermo" Hot Blast Heaters and Connecting Hot Air Piping He are pleased to quote the total sum of $6,243*00 to furnish and apply insulation in connection with the above referenced project. Our ({notation is based on a complete insulation job for the areas shown on your Drawing Number D-64&9 and Drawing Number -12470. He will furnish all materials, labor, tools, scaffolding, etc. necessary for a complete job as outlined below in our proposal. We propose to insulate the various areas as follows: 3V IIS*** The air manifold of both Hot Blast Heaters from the baffle to the cupola air outlet and the transition from the cupola air outlet to the 30&" 14). pipe shall be insulated with Owens Coming Fiberglas Corporation's Kaylo Block Insulation, 4n thick. The insulation shall be applied is two. 2* layers and shall, be wired on using lugs that are welded on. The blocks shall be plastered with insulating cement and then covered with poultry netting. A weatherproof mastic shall be applied over all insulated surfaces. 2. The transitions from the existing 50" I.D. Burner Manifold to the new 30" I.D. piping shall be insulated as outlined in 1. above. 3. The new 30&" I.D* Hot Air Piping shall be insulated with Owens-- Corning Fiberglas Corporation's Metal Mesh Blankets, 4" thick, with poultry netting on both sides. The blankets shall be wired and/or banded in place. Straight runs of insulated pipe shall be weather-- --pgflpfed witlL-galvanised metal jacketing secured with bands. Elbows and bends shall be plastered with insulating cement, covered with poultry netting, and weatherproofed with mastic. No expansion joints or butterfly valves are to be covered. We exclude the furnishing or welding of necessary lugs. Applicable state taxes are included in our quotation. Thank you for allowing us to quote on this project. We hope we may be able to serve you. ^ ! Respectfully submitted, Zb Iup BC:K Distributors For OWEHS-C01RIHQ FIBZIOIAS COBPOKATIOH TOHKS-WXKVILII! ASARCO ELP 0009930 m.i/V ASARCO ELP 0009918