Document XRwejxVXJgj8e87Zm2RjQVg84

December 1, 1953 Willard A. Selle Company, Inc 215 North Poplar Street El Paso, 'Texas Gentlemen: I am enclosing executed copy of contract dated November 24, which is to cover insulation work to be done at our El Paso plant, in accordance with the attached specifications. Our Mr. J. W. English will keep in touch with you and advise dates for commencing each undertaking. Yours truly, Original signed by Ben Roberta BEN ROBERTS. encs. / bcc: Mr. J. W. English - enc ASARCO ELP 0006266 A S4 R Contract #1 2M-6/S3 INSTH/CTIONS: Attach and forward with Inquiry Fora No. 352* To be coapleted and returned aa contractor's proposal. CONTRACT FOR Insulation Work* Page 1 I at AMERICAN SMELTING AND REFINING COMPANY'S El P*p' at El Pu>, T>m Plant THIS AGREEMENT, made the 24 day of November , 19 53, by and between_______WUUrd A. Selle Co, Inc. ' whose address is SIS N. Poplar Street, El Pm, TtM (hereinafter called the "Contractor") and AMERICAN SMELTING ANd'REFINING COMPANY, V a corporation of the State of New Jersey, whose address is 120 Broadway, New York 5, N.Y. and P. O. Box 1111, 1 Pa*o. Texas'J_\ (hereinafter called the "Owner"). WITNESSETH: The Contractor and Owner agree as follows: Article 1, Scope of the Work The Contractor shall furnish all^5J^^^5fe!f3y^^5^S labor, tools, equip ment and materials, except such items as are hereinafter listed as being furnished or furnished and installed by the Owner, for ImaUttoa (ot pipe and Cottrell (hereinafter called the "work") at the rt p...plant of the Owner at El Pa*Q Tm_______________ as shown on the drawings and specifications (attached hereto! (entitled unt.w ___________ furnished by El P Pitotand dated Ww. llf iw ) and shall erect, install, and complete the work in good and workmanlike manner and in compliance with all applicable cedes, rules, regulations and ordinances. Article 2. Time of Completion The work shall be commenced Uhta work to ho inatinted to rnady and shall be substantially completed _____________________________________________ _________ , Blawar piping insulation will raqatra IS working day* 6 S days par waak Cottrell insolation will raqulra <1 SO working day* 6 $ days par waak. ASARCO ELP 0006267 Article 3. Payment Page 2 ($ * v ), lawful money of the United States of America within /thirty days after satisfactory completion of the work and submission by the Contractor of evidence (including, if requested, complete releases of all liens arising out of or in connection with the work by all persons firms or corporations on whose behalf such liens could have been or be filed) satisfactory to the Owner that all payrolls, material bills, and other indebtedness connected with the work have been paid and that the work is free of all liens and encumbrances. The Owner may withhold payment to the extent necessary to protect the Owner from loss on account of damage to the work, or to the person or property of the Owner, claims or probable claims arising from damage to another contractor, or any other person, which is in any way connected with, grows out of, or has any thing to do with the execution and performance of this contract by the Contractor or any .subcontractor. Article k. Liens If any lien remain unsatisfied after payment has been made, the Con tractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. The Contractor shall, at any time requested by the Owner, deliver a bond satisfactory to the Owner indemnifying it against any lien and expenses occasioned thereby. Article 5, Title to the Work Title to all work completed or In the course of construction, and all tools, equipment, or materials on account of which any payment has been made, shall be in the Owner. Article 6. Inspection and Repair The Contractor shall provide safe and proper facilities at all times for the inspection of the work by the Owner, and shall as soon as practicable after written notice from the Owner, at his own expense remove, take down, replace and repair any materials or portions of the work which the Owner shall deem unsatis factory or not in conformity with this contract or specifications, and make good all work damaged or destroyed thereby, whether or not there shall be a dispute with respect -to any of the foregoing. Any such dispute shall be settled by arbi tration in the manner hereinafter provided. Article 7. Protection of the Work The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property from injury or loss arising in connection with this contract. If any loss or expense to the Owner or damage to the property owned by it results from, or in connection with, the performance of this contract by the Contractor, or any subcontractor, the Contractor shall fully Indemnify the Owner. If the work Is damaged in any manner whatsoever, it shall be repaired at the expense of the Contractor. ASARCO ELP 0006268 Page 3 The Contractor shall fully save harmless and indemnify the Owner against any expense, loss or damage on account of any claim, demand or suit made by any person whomsoever including any employee of the Owner, which is in any way connected with, grows out of or has anything to do with the ex ecution and performance of this contract on the part of the Contractor or any subcontractor; and the Contractor agrees that the Owner shall not be liable for any injury, or other loss or damage of any nature, that might be sustained by the Contractor itself or its employees or subcontractors in the execution and performance of this contract, regardless of whether such injury, loss or damage is caused in whole or in part by negligence on the part of the Owner or its employees. Article 8. Contractor's Liability Insurance The Contractor shall maintain such insurance as will protect it from claims under workmen's compensation acts and from any other claims for damages for personal injury, including death, which may arise from operations under this contract, whether such operations be by the Contractor or any subcontractor or anyone directly or indirectly employed by either of them. Prior to commencement of this work the Contractor shall file with the owner completed certificates of insurance in form of "Insurance Certificate" attached for the Contractor and each subcontractor, and the Contractor and each subcontractor shall provide insurance coverage in the amounts not less than those stated in the attached form. Article 9. Compliance with Laws and Ordinances The Contractor shall give all notices and comply with all laws, ordi nances, rules and regulations, Federal, State or Municipal, bearing on the con duct of the work and the performance of this contract and shall bear all fines, penalties and losses incurred by reason of the violation of any such law, ordi nance, rule or regulation. If for any reason the contractor's or any subcon tractor's employees or agents acquire a status imposing liability on the Owner for employer's contributions or taxes under the Federal Insurance Contributions Act, the Federal 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 regula tions so as to relieve the Owner from any and all liability therefor and from the responsibility of making reports or keeping records with respect thereto. Article 10. Patents The Contractor shall indemnify, protect and save harmless the Owner from and against any and all claims, losses, costs, damages, expenses, actions, suits or other proceedings, growing out of or resulting from infringement of any patent or other similar industrial property right by the Contractor in the performance of this contract, except that this provision shall not apply to patented articles or processes specified in drawings and specifications furnished by the Owner. Article 11. Owner'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 should be appointed on account of ASARCO ELP 0006269 Page k the Contractor's insolvency, or if a trustee of his property should he appointed under the reorganisation 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 fail to prosecute the work with diligence or in any other re spect should violate this contract, the Owner, without prejudice to any other remedy it may have, shall he entitled upon three days' written notice to the Con tractor, to terminate the employment of the Contractor and take possession of the work and all materials, tools and appliances on the site and finish the work hy whatever method the Owner deems expedient. In such case, the Contractor shall not he entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including a reasonable allowance for additional managerial and adminis trative service, such excess shall he paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Article 12. Correction of Work after Payment Neither payment nor any provision in the contract shall relieve the Con tractor of responsibility for faulty materials or workmanship and the Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within one year from the date of completion. The Owner shall give notice of observed defects with reasonable promptness. Any dis pute under this article shall be subject to arbitration as hereinafter provided. Article 1$. Arbitration All questions subject to arbitration under this contract shall be sub mitted to arbitration at the choice of either party to the dispute. Unless other wise provided by controlling statutes, there shall be one arbitrator who shall be chosen by the American Arbitration Association, whose rules shall be followed. Article lU. Assignment The Contractor shall not assign this contract nor sublet it as a whole without the written consent of the Owner, nor shall the Contractor assign any moneys due or to become due it hereunder without the prior written consent of the Owner. Article 15. Co-ordination of Work The Contractor shall conduct his work so as to cause a minimum of inter ference with Company operations. Where such becomes absolutely necessary, per mission to do so shall be requested and arrangements made through the Plant Engineer's office not less than seventy-two (72) hours in advance. Article 16. By the Owner The Owner agrees to obtain and pay for any building permits required; to carry fire insurance with extended coverage fully covering the Contractor and/or his subcontractors for all material and equipment delivered for the job and fc-r ail labor and material brought into the work as their interests may appear; and, to the extent practicable without interference with operations, to furnish the Contractor, free of charge, for its use during construction, electric ity, water, steam and compressed air required for construction purposes, at the ASARCO ELP 0006270 Page 5 voltage and pressure currently available at the plant, to a point adjacent to or within _ m______ ___ feet of the site, hut the Contractor will he required to make the necessary connections, provide approved shut-off and safety devices and furnish and install all temporary lines required to bring them to the point of use. Article 17. Additional Provisions (Add such additional provisions, if any, as the particular job requires). Spciflcatiea *hct *i November 11, Iff! and drawings lOttt-D, P 79)2 sad P 7970 ar* hsrsby mad* a part of this cataract. IH WITNESS WHEREOF, the parties have executed this contract the day and year first above written. yiLkARD A. SELL!! CO. INC. Contractor AMERICAN SMELTING AND REFINING COMPANY Owner Director of Purchases ASARCO ELP 0006271 AM CAN SMELTING AND REFINING COMP INSURANCE-CERTIFICATE AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS WORKING ON PROJECTS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO ______ KXTIiRfl A. ims, ac. THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING COMPANY ON CONTRACT-NUMBER ^ ________________ AT _____________________ IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE, TEN DAYS' PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING AND REFINING COMPANY. SAMUEL METZGER, JR., 120 BROAOWAY. NEW YORK 5. N.Y. KIND OF INSURANCE NUMBER DESCRIPTION OF POLICY EXPIRES LIMITS OF LIABILITY REQUIRED MINIMUM CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE) GSLktm BODILY-INJURY PROPERTY-DAMAGE CONTRACTOR'S PROTECTIVE LIABILITY CCt 45366 BODILY-INJURY PROPERTY-DAMAGE AUTOMOBILE BODILY-INJURY PROPERTY-DAMAGE WORKMEN'S COMPENSATION AND CCL45J KAUfcJS U9A55 z soom Each person $ S50|WK Each accident $ 5O0*QOCQ a Each accident $ SOOgOOtS * Each person $ Each accident $ Each person $ 2$Qf090J 90B&000Each accident $ 3 EACH ACCIDENT $ 90j0QQ $100,000 2300,000 S 25,000 $100,000 $300,000 $ 25,000 $100,000 $300,000 $ 10,000 COMPLY WITH APPLICABLE STATE LAW EMPLOYER'S LIABILITY DATE Iter. aOtt, lfjtj Each accident $ $ 25.000 t*na> st&sks ixoajsT m tmsam co+ INSURANCE COMPANY tiHm, CITY STATE ASARCO ELP 0006272 ASARCO ELP 0006273 .- - - - - - - - - - - - - - - - 5- *iv n-. "^ O* ^'Ty>*? ASARCO ELP 0006274