Document XRQxz5j0Ko6poZxEjMv68menB

9.fH.T.C., 9kc. P o Bsx 69 Wti&fikt lutuioM 70669 (31*) 436-37S* Januar Vista Chemical Company VCM Plant P.D. Box 605 Westlake, LA 70669 ATTENTION: fir. John Tillman SUBJECT: Spool Replacement Project Dear John, Having carefully examined the Instructions to Bidders, by Mr- John Tillman, and the sketches -for the subject project (sketches .1 -- 10) dated October 17, 1905 as well as the premises and the conditions effecting the work, the? undersigned proposes to furnish all labor, equipment, tools, transportation, services, etc:, for completion of the work in accordance with the above documents for the sum of: Twenty Four thousand Seven hundred Fifty dollars & no/100-------------------($24,750.00). If notified of the acceptance of this proposal within th 1 r-ty (30) days of the time set for receiving bids, the undersigned agrees to execute a contract on the subject project and the conditions thereof. The estimated number of calendar days to complete this project is 35 days. We also propose the following qualifications for" this project. A) All pipe material (i.e. Bolts, Gaskets, Nipples, Valves be supplied by Vista. etc.) to EO All Fresh Air equipment & oxygen required to break into existing lines will be supplied by Vista. C) No painting, steam tracing or insulation is included. D) Project is bid on a straight time basis. 5 days per week/3 hrs, per day. E) It was assumed that all blinding and steam out required prior to demolition of existing pipe will be by Vista or handled as an extra to IMTC, Inc. CWH 000008830 F) Estimated Field Manhours is 1275. Ondmtuol. ftituMtotoMi. TuwMAwub Ctmbuidw --A Wetii Sfop CaitffKiM)-- ____ 9.M.T.C., 9hc. ? 0 Bsx 69 lUttfAk. ai*iANa 70669 (318) 436-3788 The undersigned is registered as a Federal and State employer with employer's registration numbers as 'Follows: Federal No- 72-0955989 State Unemployment No. 283846 State 428935i001 State License No. 16964 Very Tru1y Vau rs, Stanley fU Heqener IMTC, Inc:. Corporation Otuiutifdal. HiautfetuiMe. TuwMvMtU & Cw&lnud&te --A Wetii Skef> Ctmpatuj-- CWH 00000(3831 General Services Contract Vista Chemical Company 35^' V? Place Westlake, LA pate November 21, 19 85 1. It is hereby agreed between Vista Chemical Company, a Delaware corporation (herein called "Company'') and_____ IMTC, INC. of P.0. Box 69; Westlake, LA 70669_______ ____________________________________ ______ (herein called "Contractor") that Contractor will, as an independent contractor, complete with reasonable diligence and dispatch Fabricate Condemned Piping (hereinafter "the Work") in conformity with terms hereof and the following documents which are incorporated by reference and made a part hereof and which are listed as follows: I)IMTC Proposal #250-85 ~2)Basis of Bids ^ 3)Appendix G,L,M and the VCM Appendix ^ 4)Contractor Safety Manual Where applicable. Contractor shall sign a Confidentiality Agreement acceptable to Company, and such Agreement shall be made a part hereof. If there is a conflict between this and any other document forming a part of the Contract between the parlies, this document shall control. 2. TERM Contractor shall commence said work nol later than P^Geinber 9 19^,5., and shall use its be6t efforts to complete the work not later than Februa r_y Qi gfl fv;or if this contract is for a definite period of time, the term shall be from 19_____ through___________________________ 19____ - 3. PAYMENT If thjsjs a lump-sum contract (where the Work is subject to a fixed bid), Contractor shall perform the Work for the sum of $21,640Dollars (& 21,640 ) If payment is based on other than fixed bid. Contractor shall be paid in accordance with the fee schedule attached hereto as Exhibit _____ Payment shall be made in full for the Work completed each month upon presentation of invoices in quadruplicate and upon approval of the invoices by Company. Contractor and/or any subcontractor shall promptly and satisfactorily settle all claims for labor performed and equipment, supplies or materials furnished in connection with such Work; and in the event Contractor fails or refuses to promptly and satisfactorily settle any such claims. Company shall, after so notifying Contractor in writing, have the right to settle such claims for the account of Contractor and deduct the amount thereof from amounts payable to Contractor. Payments falling due may be withheld in whole or in part when Company deems such withholding necessary to protect it from claim or loss hereunder. Progress payments made hereunder shall not constitute full or partial acceptance of the Work or any part thereof by Company. 4. INSURANCE Contractor shall provide at its expense the following insurance coverages; 4.1 Insurance which shall comply with all applicable Workers' Compensation and Occupational Disease laws and which shall cover all of Contractor's employees performing the Work. If any of the Work will involve operations on docks, wharves, piers, terminals or other installations on or adjacent to navigable waters within.the territorial limits of the U.S.A., such insurance shall include coverage lor claims under the United States longshommen's^and Harbor Wn ;<ers' Act. 4.2 Employer's Liability insurance shall be provided with a limit of not less than ;1001 030 per occurrence. 4.3 General Public Liability insurance with bodily injury limits of not less than & 300,000----- for one occurrence and with a property damage limit of not less than s 10(1,000 Such insurance shall include coverage for all liability assumed by Contractor under the terms of this Contract with limits not less than those set out above. 4.4 Automobile Liability insurance with bodily injury limits-pLopt les&.than $_100/Q00 _ .. per person and T 300,000 and with a property damage limit of not less than 1UU ,UUU for 0ne occurrence. per occurrence; 4.5 Such other insurance as Contractor considers necessary. The insurance requirements listed above are established by the Company as minimum limits. The Company's requirements are not to be considered as indicative of the ultimate amounts and types of insurance which Contractor may need. Contractor shall require each subcontractor used by it in the performance of the Contract to carry and pay for Workers' Compensation and Occupational Disease insurance which shall comply with all applicable laws, together with such other insurance as Contractor may deem necessary. All insurance policies required to be provided by Contractor under the terms of this Contract shall be written on policy forms and by insurance companies approved by Company. Contractor shall furnish Company at PQ. Box 605; WestlaJce, LA 70669 prior to commencement ol work, certificates of insurance cn forms approved by Company listing all such policies. Such certificates shall provide for not less than ten days' prior written notice lo Company in the event of cancellation or material change affecting Company's interests. OWH 000008832 12. SAFETY 12.1 Contractor, its employees, subcontractors, agents and assigns shall comply with Company's safety procedures while on Company's premises and with all applicable state and federal safety rules and regulations, including but not limited to, OSHA. Contractor shall have the sole responsibility for notifying and training its employees, subcontractors, agents and assigns with respect to Company's safety rules and procedures as contained in Exhibitattached hereto, as well as with any other governmental rules or regulations pertaining to the health or safety of workers. Unless otherwise agreed in writing, Contractor shall supply all health or safety equipment or materials used in or required by Conoco in the performance of this Contract. See Exhibit(s) 12.2 Contractor shall designate a responsible person to supervise health and safety matters and to prevent accidents, and shall give Company the name of such person. In the event of any accident. Contractor or its designee shall notify Company immediately and shall assist Company in completing Company's Accident Report Form for its Safety Department and shall, within 30 days of such accident, furnish Company acopy of all other accident reports relating to the Work. 13. TERMINATION Company shall have the right to terminate Contractor's performance of this Contract at any time by written notice to Contractor. In such event, Company shall pay Contractor in full for the Work done up to the time of such cancellation, providing evidence satisfactory to Company is submitted showing that all bills and claims in connection with the Work have been satisfactorily discharged. Company may withhold payment to the extent of all bona fide claims it may have against the Contractor under or arising out of this Contract until such claims have been settled. Following such settlement, Company shall assume the reasonable obligations for the Work which Contractor may have theretofore in good faith undertaken. 14. INSPECTION Company representatives may monitor or inspect any aspect of the Work, materials, or Contractor's personnel qualifications to determine the fulfillment of Contractor's obligations hereunder, but this shall not constitute approval or Final Acceptance, as provided in Paragraph 24, on the part of the Company. 15. UPKEEP OF WORK AREAS Contractor shall be responsible for keeping the work areas clean and for protecting its work, equipment and materials, whether furnished by Company or Contractor, from loss or damage from any cause whatsoever, until Final Acceptance of the Work. Any equipment or material furnished by Company shall be the responsibility of Contractor, and Contractor shall bear the expense of replacement or repair in the event of loss of or damage to such material and equipment. 16. NON-EXCLUSIVE CONTRACT Company reserves the right to let contracts for other work, equipment, and materials in connection with the Work hereunder, and Contractor shall coordinate its work and cooperate with the other contractors on the job. Contractor reserves the right to contract for similar services with other businesses or with individuals. 17. FORCE MAJEURE Any failure or delay in performance by either party under this Contract shall be excused to the extent caused by occurrences beyond the control of the party affected, including but not limited to decrees or requests of any governmental authority, acts of God, strikes or other concerted acts of workers, fires, floods, explosion, riots, war, rebellion and sabotage. Neither party shall be required to settle a labor dispute against its own best judgment. 18. ASSIGNMENT Contractor shall not assign this Contract or subcontract it in part or as a whole without prior written consent of Company. Company may assign this Contract to any of its subsidiary or affiliated companies or to the transferee of the whole or any part of Company's business. 19. BOND Bond is (waived-reqtifred) in this Contract. If Bond is required, Contractor shall qualify for a performance and payment bond in the full amount of the Contract in a form and with a corporate surety selected by Company. The bond premium shali not be included in the contract price but will be paid by Company to the surety. 20. LABOR CHARGES If this is other than a lump-sum contract, Contractor certifies that the labor charges hereunder do not include any remuneration (including back pay and penalties) paid to employees of Contractor by reason of any order or adjudication of any federal or state agency or court, including any settlement . thereof, as the result of any alleged violation of any federal or state law, rule or regulation. 21. SALES AND USE TAX !f this is a lump-sum contract, Company shall have the right to purchase any material or equipment required to be or which is capitalized. Any sales and/or use tax applicable to such material or equipment purchased by Company shall be the tax obligation of Company. 22. WORK ORDERS AND REGISTER TICKETS All Work Orders and Register Tickets issued pursuant to the Work shall be incorporated by reference into this Conlract. 23. ACCOUNTING RECORDS For all work performed. Contractor shall require its subcontractors, agents or assigns to retain all accounting records relating to such work and all information relating to or having an effect on this Contract or the Work for a period of two years after Final Acceptance, as provided in Paragraph 24. Comoany shall have access to all such records maintained by Contractor or its subcontractors, agents or assigns, and shall have the right to audit such records at any reasonable time. This provision shall survive conclusion of the Work or termination of this Contract. 24. FINAL ACCEPTANCE When Contractor considers it has met all contractual obligations, except for extended material, equipment, and workmanship warranties as provided in Paragraph 9.2, Contractor shall notify Company in wriltng and shall provide evidence in the form of Contractor's Affidavit that all claims tor labor performed and equipment, supplies or materials furnished in connection with the Work have been settled. Company will make an investigation and inspection of all phases of the Contract requirements; and, if all such contractual obligations have been met. a letter of Final Acceptance will be issued where appropriate, but in no case will such acceptance relieve Contractor of ihe material, equipment, and workmanship warranties covered in Paragraph 9.2 above, and other obligations of the Contractor which may be outstanding. CUH 000008834 V EQUAL EMPLOYMENT OPPORTUNITY APPENDIX W Rev. 7*1*79 Page 1 oi 1 Ourtng the performance of this contract, the contractor agrees as follows: t. The contractor will not discriminate against any employee or applicant for employment because of race, creed, sex. religion, color, or national origin The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex. religion, color, or national origin. Such action shall include, but not be limited to the lollowing: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination-, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer selling forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, sex. religion, color, or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24. 1965. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24. 1565, and ot the rules, regulations, and relevant order of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 1 1246 of September 24. 1965. and by the rules.' regulations, and orders ot the Secretary of Labor, or pursuant tnereto and will permit access to his books, records, and accounts by the contracting agency and the Secretary ol Labor for purposes ol investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may De canceled, terminated, or suspenaed in whole or in part and the contractor may oe declared ineligible (or further Government contracts in accordance with procedures authorized in Executive Order 11246 of Seotemoer 24. 1965. and such otner sanctions may be imposed and remedies invoked as proviaed in Executive Order 11246 of Septemoer 24. 1965. or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor wilt include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, reoulations. or oroers ol the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24.1965. so that such provisions will be binding upon each subcontractor or vendor, The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcmg-such provisions including sanctions for noncompliance; Provided, however. That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United Slates' 1o enter into such litigation to protect the interests of the Untied Slates. ' To the extent required by Executive Order 11246 and any rules or regulations or orders issued thereunder or any contracts between Vista jnc> and any government contracting agency, contractor agrees to develop, sign and maintain a written affirmative action compliance program for each ol its establishments and to file complete and accurate reports of Standard Form 100. EE01. with the appropriate government agency or such other form as may be promulgated in its place and to do or permit to be done any and a-t things whicn require Vista fnc. to obligate the Contractor to do or permit to be done. * This certification will be valid for the fife of fhe contract covering _______ _' -Fabricate Condemned Piping Westlake^ LA at _._________________________________________________________________________________________ ~ with ViStanc. CUH 000008836,^ APPENDIX L Rev. 10-14*82 Page 1 of 1 VISTA CERTIFICATION OF NONSEGREGATED FACILITIES The undersigned certifies to Vista Chemical Company and the appropriate agencies of the United States government that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the Equal Opportunity clause required by Executive Order 11246 of September 24, 1965, as amended. As used in this certification, the term "segregated facilities" includes facilities which are segregated byexplicitdirectionorare in fact segregated on the basis of race, religion, color, sex or national origin, because of habit, local custom or otherwise. The term "facilities" as used in this section means waiting rooms, work areos, restaurants, and other eating areas, time clocks, restrooms, wash rooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainmentoreas, transportaion, and housing facilities provided for employees. Provided, that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. The undersigned further agrees and understands that a breach of the assurances contained herein subjects it to the provisions of the Order of the Secretary of Labor at 41 CFR Chapter 60, dated May 28,1968, and the provisions of the equal opportunity clause enumerated in contracts between the United States of America and Vista Chemical Company, or in subcontracts held by Vista Chemical Company from a third party or parties who contract with the United States of America. The undersigned further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications form proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that it will retain such certification in its files. This certification will be valid for the life of the contract covering___________________________________- Fabricate Condemned Piping ______________________________ __________________________ Westlake, LA at -------------------------------------------------------------------------- --------------------------------... , with Vista Chemical Company. Company __________ '/T/ist / d.______ ~~Zaj c. Date -------------------------- V3-32S CUH 000008837 GOVERNMENT REGULATIONS --FEDERAL APPENDIX G Rev. 6-1-02 Page 1 Ql 1 t. The following clauses, where applicable, are incorporated in Ihis conlract by reference as il fully set out: the Equal Opportunity Clause prescribed in 41 CFR 60-1.4; ihe Affirmative Action Clause prescribed in 41 CFR 60-250,4, regarding veterans ana veterans of the Vietnam Era; and the Affirmative Action Clause for Handicapped Workers prescribed in 41 CFR 60-741.4. 2. To the extent required by 45 FR 31026, Contractor agrees that, in awarding subcontracts, it will utilize smalt business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals lo the fullest extent consistent with efficient performance of this contract. Contractor further agrees to cooperate in any studies or surveys that may De conducted by ihe Small Business Administration (SBA), or the contracting agency which may be necessary to determine the extent cf Contractor's compliance with this clause. The terms "small business concern" and "smalt business concern owned and controlled by socially and economically disadvantaged individuals" shall have the meanings set forth in 45 FR 31026. Contractor shall assume that socially and economically disadvantaged individuals include Btack Americans, Hispanic Americans, ana other minorities or any other individual found to ce disadvantaged by the SBA pursuant to Section 8(a) of the Act. Contractor, acting in good faith, may rely on written representations by its subcontractors regarding their status as small business concerns or small business concernsovvned and controlled by socially and economically disadvantaged individuals. If this conlract is in excess of $500,000. Contractor further agrees to carry out the subcontract ing programs set forth in 41 CFR 9-1.710 to the extent required. 3. To the extent required by Executive Order 12130 and regulations thereunder. Conlracloragrees that, in awarding subcontracts, it will use its best efforts to utilize women-owned businesses to fullest extent consistent with efficient performance of this contract. A women-owned business concern means a business that is at least fifty-one percent (51%) owned by a woman or women who also control and operate it. Control in this context means exercising the power to make policy decisions. Operate in this context means being actively involved in the day-to-day management. Women means all women business owners. II this contract is in excess ol $500.COO, Contractor further agrees to carry out the subcontracting programs set lorth in 45 FR 31034 to the extent required. CUH 000008838 9.W.T.C., 9kc. ?. 0. Bat 69 Wttfaki. Ltwimui 70669 (318) 436-3788 October 29, 1985 Vista Chemical Company VCM Plant P. 0. Box 605 Westlake, Louisiana 70669 Attention: Mr. John Tillman Subject: Spool Fabrication & Hydrotest Proposal No. 250-85 Dear John, We propose to supply all material as shown on the noted sketches #1-10, as well as labor and equipment, to fabricate said sketches dated 10-21-85 for a lump sum price of $21,640.00. Any X-Ray required would be at Vista's expense. All bolts, gaskets and fittings to perform Hydrotest will be by Vista. If you should have any question concern ing our proposal, please contact this office. Very truly vours. Stanley AP'Hegener President Mudfoioi WaudamucR. TutMaMjuub & (Whucfou --A Wetii Simp Cwtpomf--