Document dnQxNjvkXeXdkMneMvKmVKkLb

QUOTATION SOUTHWESTERN INDUSTRIAL-CONTRACTORS AND RIGGERS, INC. Formerly: CONSTRUCTION DIVISION, SOUTHWESTERN TRANSFER CO., INC. ] 730 Bottett Av*. P. O. Box 1611 El Paso, Texas 79948 (915) S32-3491 American Smelting end Refining Company______________ P# 0. Box 1111 _______ ____ _______________________ El Paso, Texas ______ ______________________________ nATP 29 April 1975 PROJECT_____ Cadmium____ ________ Crane Building i ocation E1 paso Ke propose to construct the Cadmium Crane Building as shown on the following Drawings for $lLL,52L.OO. We offxthe following deductive alternates for your consideration: 1. Substitute 22 GA. Galv. Corrugated Hoofing and Siding for l6 GA. $7^33-00 2. Use a standard primer on steel th?t docs not require sandblasting $14,900.00 installation. We would suggest that the bridge crane should be installed prior to sheeting the roof of the building. Our proposal is based on using Westinghouse high bay mercury vapor fixtures in lieu of the Stonco fixture. Did. Completion - 20 weeks after notice to proceed. Respectfully submitted, GRH:iz IX>- G. R. Hatch NORMAL CONDITIONS OF ACCEPTANCE, SALE AND PAYMENT ARE STATED ON REVERSE SIDE OF THIS QUOTATION. /^T\ ASARCO V/. ft. KSLir, Wananer p. A. DeSAtlTIS, Superintendent , .RICAN SMELTING AND REFINING CC EL PASO SMELTING WORKS P. 0. Cox mi D Paso, Tcxos 799S9 November 19, 1970 ANY ANDREW LIECERT, Accountin' Manajer P 0. COYINGTOII, Supply Axc.-.t AMERICAN SMELTING AND REFINING COMPANY EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT Our Plant has a long-standing policy that its employment practices shall provide equal opportunity for all employees with out regard to race, color, creed, sex or national origin. We in ASARCO are ever mindful of our obligations and responsibilities to the Communities in which we operate and to the Nation as a whole. One of our chosen responsibilities is to insure equal employment opportunities for all, without regard to race, color, creed, sex or national origin--except where sex is a bona fide occupational qualification. Our hiring practices, promotions and transfers at all levels of employment must continue to be based on an individual's qualifications and ability to perform satisfactorily the job require ments with due regard to seniority, while furthering the principles of Equal Employment Opportunity. Within ASARCO our management must provide the le3d in establishing procedures to continue successfully this declared policy of non-discrimination. The effectiveness of this policy requires a high degree of cooperation on the part of all ASARCO personnel, at every job level within the Company; as Supervisors you are responsible for the continued promotion and enforcement of this Policy throughout your organisation. Mr. A. R. Scasta, Personnel and Safety Director, will continue to administer our Equal Employment Opportunity Program. I know he will have your close and active cooperation in this natter. W. R. KELLY MANAGER APPIOVKO DY TO: AS4n Paee 1 of 4 Lurp Sun Construction or Hcpsirt Ccnlrrcl Forir. FD-20 S00 - 10/57 ORDER NO__________________ Tp.ffif Operating KnvnNTorrraiASiM; fiCPAKPTM CONTRACT FOR Cadmium Crane Building Onaert ti*c of job) at AMERICAN SMELTING AND REFINING COMPANY'S El Paso Plant st El Paso, Texas THIS AGREEMENT, made the 9th day of Southwestern Irn-iUi.t-ii.it Contractors by and between and Riegers. Inc. Wav , 19 72 , , whose address is P. O. Bq.v 3611, El Paso, Texas 799^9 (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 $, N.Y. and P. O. Box 1111, 1 Paso, Texas 79999 (Insert ddre** of pUnl or unit) (hereinafter called the "Owner"). WITNESSETH : The Contractor and the Owner, for the consideration hereinafter named, agree as follows: Article 1. Scope of the Work The Contractor shall furnish all plans, shop drawings, field engineering, labor, materials, transportation, tools, equipment and other facilities, except such items as are hereinafter listed as being furnished or furnished and installed by the Owner, required for Cadmium Crane Building at the (loiert a*e of job) ^ El Paso _______ plant of the Owner atEl Paso, Texas, (I&sert tovn nd tLotr) all in accordance with the requirements and provisions of the attached "General Provisions of the Contract" and the drawings and specifications listed below and those drawings and specifications which may be supplied by the Owner or prepared by the Contractor at the Owner's direction subsequent to the execution hereof and approved by the Owner, all of which are incorporated herein by reference, made a Page 2 of h part hereof and, together with this Agreement, hereinafter referred to collective ly as the Contract: (List Speci(1c*tion* and Dravi&g*) >;.u/ SWICAR Quote Dated 4-29-72 Drawings E13146 thru E13177 .Q'iic3e 2. 7ir-e n,f r.-ir,- (a) The work to be performed under this Contract shall be commenced May 15. 172 and shall be completed by October 1, 1972 , with an extension of tame for completion equal to any tare lost hue to causes which were beyond the control of the Contractor and which were not the result of his fault or negligence. Like extension of time for completion shall also be allowed fer any delays in the progress of the work caused by strikes and other labor disputes, act or neglect of the Owner or of his employees or by other Con tractors employed by the Owner, act of Government, delay in the furnishing of plans and necessary information by the Owner, or by any other cause which in the opinion of the Owner entitles the Contractor to an extension of time. The Con tractor shall notify the Owner in writing within five days of any occurrence which in the Contractor's opinion entitles him to an extension of time for com pletion. Failure to complete the work within the tine stated intljis-ATflcle, including any~5xtoion allowed pursuant heret*, shall entitl--tfee'75wner to deduct from the moneys due tcT'the-JJqntractor as liquidatedjiasages~an amount equal to y for each calen3Sx~~day__of delay-wT'&ie completion of the work. (c) If the Confcracjaw'-'CSmpletes the ervEH,e-Qkcovered ty this Contract' earlier than thed^to-determined in accordance with ParagrSph--the Owner , , s'lall pay_lhe-<Sntractor an additional amount equal to $ ^ for esch^cSlendar day by which the time of completion so determined has been redtd^ Page 3 of k Article 3. The Contract Price The Owner shall pay the Contractor for the performance of this Contract, subject to any additions and deductions herein provided for the sum of One Hundred Forty Four Thousand Five Hundred 1'''' <co!dlars'n($ 144,524_________ /, lawful money of the United States of America, at the time and in the manner here inafter provided. Article h, Progress Payments As soon as practicable after the first day of each calendar month.the Con tractor shall present to the Owner an invoice equal to the percentage of the total amount of the Contract which has been completed from the start of the job up to the end of the preceding month plus the cost of materials suitably stored at the site thereof, together with such supporting evidence as may be required by the Owner. Subject to verification of such invoice by the Owner, the Owner as coon as practicable after receipt thereof shall pay the Contractor Ninety percent ( 90%) of the amount thereof, less the aggregate of previous payments; and upon completion of the entire work, a sum sufficient to increase the total payments to Ninetypercent ( 90%) of th9 contract price. In the event at any tine prior payments by the Owner equal such percentage of the contract price, no further payments shall be made until final payment is due. Article 5. Acceptance and Final Payment (a) Upon receipt of written notice from the Contractor that the work is ready for final inspection and acceptance, the Owner shall promptly make such in spection, and if and when it finds the work acceptable undor the Contract and the Contract fully performed it shall promptly issue a final certificate stating that the work provided for in this Contract has been completed. The entire balance shall be paid to the Contractor by the Owner within 30 days after the date of said final certificate. (b) Before issuance of the final certificate, the Contractor shall sub mit evidence 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 lien3 and encumbrances. In the case of disputed indebtedness or liens the Contractor may submit, in lieu of evidence cf payment, a surety bond satis factory to the Owner, guaranteeing payment of all such disputed accounts when ad judicated. Article 6. Insurance Certificate 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 7. 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. Page k of h Article 8. Entirety Clause This Contract constitutes the entire agreenent between the parties, and except as may be specifically set forth herein no changes can be made herein ex cept by an agreenent in writing duly executed by the parties or their duly auth orized agents. It? VIT1ESS VKERECF, the parties have executed this Contract the day and year first above written. SOUTHWESTERN INDUSTRIAL CONTRACTORS AND RIGGERS. INC. Contractor Title President AMERICA." S/SLTTIT- AKD RErllJIKG COlirAIvT' ASLR Form PD 20 General Provisions of the Contract INDEX Article 1. Article 2. Article 3. Article b. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article ljj. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Article 2li. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. Article 31. Article 32. Article 33. Article 3li. Article 35. Article 36. Notice Intent of Contract Documents Drawings and Specifications Order of Completion; Schedules Contractor's Understanding Materials, Appliances and Temporary Facilities Employees of Contractor Patents Surveys, Permits and Regulations Protection of the Public and of Work and Property Inspection of Work Supervision and Superintendence Qualification and Performance of Contractor's Employees Changes in the Work Deductions for Uncorrected Work Correction of Work before Final Payment Correction of Work after Final Payment Owner's Right to Terminate Contract Removal of Equipment Use of Completed Portions Payments Withheld Contractor's Liability Insurance Indemnity by Contractor Owner's Responsibility for Certain Casualties Damages to Owner's Property Surety Bonds Liens Assignment Coordination of Work Subcontracts Arbitration Title to the Work Use of Technical Information Cleaning Up _ Adaptability of Plans and Specifications Engineering Approval Page 1 Page 1 Page 1 Page 2 Page 2 Page 3 Page 3 Page li Page h Page 5 Page 5 Page 6 Page 6 Page 7 Page 8 Page 8 Page 9 Page 9 Page 10 Page 10 Page 11 Page 11 Page 11 Page 12 Page 12 Page 12 Page 12 Page 13 Page 13 Page lli Page 1U Page 15 Page 15 Page 15 Page 16 Page 16 Page 1 of 16 Article 1. Notice Written notice shall be deemed to have been duly served if delivered by hand or sent by registered mail, in each case to the address or addresses of each party set forth on the first page of this Contract or at such other address subsequently designated by either party. Article 2. Intent of Contract Documents In case of conflict between plans and specifications, the specifications shall govern. The intention of this Contract is to include all labor and mater ials, equipment and transportation necessary for the proper execution of the work. Work not specifically shown on the drawings or enumerated herein but that is reasonably necessary for the proper completion of the project shall be provided by the Contractor the seme as if shown on the dravrings or enumerated herein. Materials or work described in words which so applied have a well-known tech nical cr trade meaning shall be held to refer to such recognised standards. Article 3. Drawings and Specifications The Owner agrees to furnish without charge to the Contractor, five sets of specifications and prints of all drawings listed in the specifications. Yhere revised or additional drawings and specifications are prepared as hereinafter provided the Owner will furnish three sets of same to the Contractor. The .Owner agrees to furnish supplemental drawings as may be required to clarify the contract drawings. Supplemental drawings shall not enlarge nor de crease the scope of the work. Wnere alterations in the contract drawings and specifications affect the extent of the work, the changes shall be governed as provided in Article llj of these General Provisions. " The Contractor agrees to furnish to the Owner for approval three sets of prints of the following drawings beforo proceeding with the work covered therein: A. All of the Contractor's drawings which are made for this job. Page 2 of 16 B. Any shop drawings, detail sheets or erection diagrams required for any phase of the work. C. Certified dimension sheets, wiring diagrams and per formance curves covering any equipment purchased by the Contractor for the job. The Contractor shall make any corrections required by the Owner in draw ings submitted for his approval. The Owner's approval as to design of such draw ings shall not relieve the Contractor of responsibility for errors or, discrepan cies of any sort. The Contractor also agrees to furnish to the Owner five sets of operation and installation instructions and parts lists for all equipment furnished by the Contractor, not later than the date the equipment is shipped, including two cer tified copies of dimension sheets, wiring diagrams and performance curves of same. As soon as the drawings referred to in subparagraphs A and B above are completed, checked and approved, the Contractor shall furnish three complete final sets of prints to the Owner, Ol'CSi' CC'!-H'5-6^ic,r;! 45 The Contractor shall complete any portion or portions of the work in such order of precedence as the Owner shall require, and the times of completion of the -various portions or divisions of the work will be determined by schedules mutually agreed upon by the Owner ar.:- the Contractor. Article $. Contractor's Understand: The Contractor shall satis.'; itself as- to the nature and location of the work, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract, The Contractor may examine such logs of test borings and/or records of such other underground or submarine exploration as may be available. Page 3 of 16 Article 6. faterials, Appliances and Temporary Facilities The Owner will not supply electricity, water, light, power, steer., con- pressed air or other utilities required for construction purposes unless speci fically so provided in the Contract. Where such items are not supplied by the Owner they shall be furnished by the Contractor, and the Contractor shall, in either case, be required to make the necessary connections, provide approved shut-off and safety devices and furnish and install all temporary lines re quired to bring them to the point of use. Unless otherwise specified, all materials incorporated in the perm anent work shall be new and both workmanship and materials shall be of the best quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. The Contractor shall construct and maintain all necessary temporary facilities for the completion of the work. Upon completion of the work all such facilities shall, unless the Owner shall otherwise direct, be removed from the premises and the site cleared. Article 7. Employees of Contractor 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 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. The Contractor shall at all tiroes enforce strict discipline and good order among his employees, and shall seek to avoid employing on the work any unfit person or anyone not skilled in the work assigned to him. Page k of 16 Adequate sanitary facilities shall be provided ar.d r.aintained by the Contractor. Article 8. Patents The Contractor shall indemnify and save harmless the Owner against and fro.-n any and all claims, losses, costs, damages, expenses, actions or other pro ceedings, growing out of or resulting from the 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 drawings or specifications furnished by the Owner. Article 9. Surveys, Permits and Regulations If involved in the subject matter of this Contract, the base lines and mean datura will be established by the Owner; the control lines and levels and all general layout work will be the responsibility of the Contractor. All con trols established by the Contractor shall be preserved and r.aintained through out the life of the Contract, Unless otherwise specified, the Owner shall furnish all land surveys required. Permits and licenses of a temporary nature necessary for the pro secution of the work shall be secured and paid for by the Contractor. Permits, licenses and easenents for any permanent structures or any permanent changes in existing facilities shall be secured and paid for by the Owner, unless other wise specified. The Contractor shall give all notices and comply with all laws, ordin ances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and^specifications are at variance therewith, Contractor shall promptly notify the Owner in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be con trary to any such law, ordinance, rule or regulation, and without such notice to the Owner, Contractor shall bear all costs arising therefrom. Page 5 of 16 Article 10. Protection of the Public and of Work and Property The Contractor shall provide and maintain all necessary watchmen, bar ricades, red lights and warning signs and take all necessary precautions for the protec-ion and safety of employees on the work, of all other persons and of ad jacent private and public property. 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 Contractor or any Subcontractor. In an emergency affecting the safety of life or of the work or of ad joining property, the Contractor is, without special instructions or authorisa tion from the Cvner, hereby authorised to act at Contractor's discretion to pre vent such threatened loss or injury. Contractor shall also so act if so in structed by the Owner. Any compensation claimed by the Contractor on account of emergency work of this nature shall be determined by mutual agreement and failing which, by arbitration. Article 11, Inspection of V.'ork The Owner and its representative= shall at all times have access to the work and the Contractor shall provide safe and proper facilities for such access and for inspection. If the specifications, the Owner's instructions, lavs, ordinances, or any public authority require any item of material, equipment or work to be specially tested or approved, the Contractor shall give the Owner timely notice in writing of its readiness for inspection, and if the inspection is by another authority than the Owner, of the date fixed for such inspection. Inspections by the Owner shall be promptly made, and where practicable at the source of supply. Pago 6 of 16 If any work should be covered up before examination by Owner without approval or consent of the Owner, it must, if required by the Owner, be un covered for examination and properly covered again at the Contractor's expense. Even though the Owner has examined a particular item of work, the Owner nay . -N , order re-examination of such work, and if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract, the Owner shall pay the cost of re-examination and replacement. If such work is not in accordance with the Contract, the Contractor shall pay such cost. Article 12. Supervision and Superintendence The Contractor shall maintain a competent staff at all times to super vise the work. The Contractor shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Owner. Directions by the Owner may be given to the superintendent and shall be binding on the Contractor. Directions shall be confirmed in writing upon the written request or Coiitracuor. The Contractor shall use its best judgement and skill in dealing with labor natters, and take all reasonable steps to avoid labor disputes. 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. iir.plicatior.3 of the particular labor problem involved, and shall consult in good faith with the Owner in an endeavor to reach a mutually satisfactory solution 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 operations. Article 13. Qualification and Performance of Contractor's Employees The Contractor shall at all tines supply a sufficient number of skilled workmen to diligently pursue the work. All workmanship and materials shall be the best in its class and shall conform to all codes, rules, regnTs-tions and ordin Page 7 of 16 ances applying thereto. Where required by such codes, rules, regulations and ordinances, all workmen engaged in such vork shall present evidence by certificat or otherwise that they are qualified to do the work in conformity with such codes rules, regulations and ordinances. If any conflict occurs between the above mentioned codes, rules, etc., and the specifications or the drawings, the code requirements shall govern. Article lk. Cbanjro3 in tho Work The Owner, without invalidating this Contract, may at any time order extra work or make changes by altering, adding to cr deducting from the vork. If such extra 'work or changes involve a change in cost or in the time required for completion, the contract price shall be increased or decreased by the fair value thereof and the tine for completion shall be increased or decreased by the reasonable tine allocable thereto. The Owner will itemize the changes to be made and upon receipt of written notice of same the Contractor agrees to submit promptly to the Owner, in triplicate, an itemized statement of the ex tension or recuction in ine tiiiie for conpxezxon ox zhxs uonuracz wnxcn mae con tractor deems such reasonable time, and his calculation of the adjustment in the contract price, resulting from the changes or extra work. This must be done before work on the changes is begun unless the Owner gives written order to proceed immediately. In case the parties shall be unable to agree upon the increase or decrease, in the time for completion or in the contract price, resulting from such extra work or changes, the Contractor shall nevertheless proceed with the work, including such extra work or changes, and the dispute shall be settled by arbitration. No extra work or change shall be r. except by written order of the Owner, and no claim for an addition to the i -.-.tract price or increase in the time for completion shall be valid unless the. additional work was so ordered. Page 8 of 16 If the Contractor, in the course of the vork, finds any discrepancy between the plans and the physical conditions encountered or any errors or omissions in plans or in the layout as given by survey points and instructions, the Contractor shall immediately inform the Owner, in writing.. After such discovery, no vork shall be done by the Contractor involving such discrepancy, error or omission until authorized by the Owner; otherwise it will be done at the Contractor's risk. If the correction of such discrepancies, errors or omis sions involves an increase or decrease in costs or time of completion, the con tract price or time of completion shall be adjusted accordingly in the manner provided above as in the case of a change in the vork. Article 1$, Deductions for Unccrrected Vork If the Owner deems it inexpedient to correct work that has been damaged through the fault or neglect of the Contractor, or that was not done in accord ance with the Contract, an amount to compensate the Owner fully for such damage or non-compliance shall be deducted from the contract price. If the parties can not agree on the amount of such deduction, it shall be determined by arbitration. Article 16, Correction of Work before Final Payment At any and all times before final payment, Contractor shall promptly re move from the premises all materials, whether incorporated in the work or not, and take down all portions of the work, condemned by the Owner as failing to meet contract requirements. The Contractor shall promptly replace and reexecute the Contractor's own work in accordance with this Contract and without expense to the Owner and shall bear the expense of maldng good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within 10 days after written notice, the Owner may remove them and may store the material at the expense of the Contractor, If the Contractor does not pay' the expense of such removal within ten days* tirra thereafter, the Owner may. Pago 9 of 16 upoa ten days' written notice, sell such materials at auction or at private sale and shall pay to the Contractor the net proceeds thereof, after deducting all the cost and expense that should have been borne by the Contractor. The Con tractor waives all rights to claim damages for sale of materials at auction or private sale. Any dispute under this Article shall be determined by arbitra tion. Article 17, Correction of Work After Finn! Payment Neither the final certificate nor final payment nor any provision in this Contract shall relieve the Contractor of liability for faulty materials or workmanship and the Contractor shall replace such materials and remedy such workmanship and any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within one year from the date of com pletion. The Owner shall give notice of observed defects with reasonable promptness. Any dispute under this Article shall be determined by arbitration. Article IP. Owner's Fight 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 re adjustment 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 to make prompt payments to Subcontractors or for material or labor, or disregard law's, 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 witten 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 default and take possession of the premises and Qf all Page 10 of 16 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 Contractor's default, including the expense of finish ing the work and compensation to the Oraer for the Owner's managerial and administrative services, such excess shall be paid to the Contractor. 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 19. Removal of Equipment In the case of termination of this Contract before completion from any cause whatever, the Contractor shall promptly remove any part or all of Con tractor's equipment and supplies from the property of the Owner, failing which the Owner shall have the right to remove such equipment and supplies at the ex pense and at the risk of the Contractor, without liability of the Owner for any damage to, or loss of the same. Article 20, Use of Completed Portions The Owner shall have the right to take possession of and use any com pleted or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired; but such tak ing possession and use shall not be deemed an acceptance of any work not completed in accordance with this Contract. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to extra compensation in reim bursement thereof, or extension of time equal to the delay or both, as the parties may agree upon, and failing agreement the dispute shall be determined by arbitration. Page 11 of 16 Article 21. Payments Withheld The Owner may withhold all or part of any progress or final 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 proable filing of claims by other parties against the Contractor or 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 within the time specified. (e) Damage to the Owner's property or the work of another Contractor. Article 22. Contractor's liability Insurance Unless otherwise specifically provided, the Contractor shall maintain such insurance as will protect Contractor from claims under Workmen's Compensa tion Acts and from claims for damages for personal injury, including death, which may arise from operations under this Contract, tfnether such operations be by the Contractor or any Subcontractor or anyone directly or indirectly employed by either of them. Article 23. 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 perform ance of this Contract by the Contractor or any Subcontractor; provided, however, that the Contractor shall not be required to indemnify the Owner against ary loss caused solely by the negligence or willful fault of the Owner or its employees. The Contractor accepts all risk of injury or damage and all responsi bility 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 equip ment be furnished or loaned to the Contractor or any such Subcontractor by the Omer, and shall indemnify the Owner strainst all such claims. Page 12 of 16 Article 2h. Piraeus Responsibility for Certain Casualties The Owner shall be responsible for all damage to the vork 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 2g. Damages to Owners Property 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 Contractor, any Sub contractor or of the employees of the Contractor or any Subcontractor. Where such damage includes damage to the vork it shall be repaired at the expense of the Contractor. Article 26. Surety Bonds If the Owner has so requested prior to the signing of this Contract, the Contractor shall furnish bend covering the faithful performance of this Contract and the payment of all obligations arising thereunder, in such form as the Owner nay prescribe and vith such sureties as it nay approve. If such bond was required by instructions given previous to the receipt of bids, the premium shall be paid by the Contractor; if subsequent thereto, it shall be paid by the Owner. Article 27. liens Neither the final payment nor any progress payment shall become due until the Contractor, if required, shall deliver to the Owner a complete > release of all liens arising on account of labor, materials, machinery or equipment in respect of which such payment is to be made, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as Contractor has knowledge or information the releases or receipts include all the labor and materials for which a lien could be filed; but the Contractor may, if any Subcontractor refuses to furnish a release or receipt in full. Page 13 of 16 furnish a bond satisfactory to the Owner, to indemnify the Owner against any lien. If any lien remains unsatisfied after all payments are made, the Con tractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. Article 28. Assignment The Contractor shall not assign nor sublet this Contract in whole or in part, nor shall the Contractor assign any monies due or to become due it here under without the prior written consent of the Owner. Article 29, Coordination of Work The Contractor shall conduct the work so as to cause a minimum of inter ference with the Owner's operations, there interference with the Owner's oper ations becomes absolutely necessary, permission shall be requested by the Con tractor not less than seventy-two (72) hours in advance, then other Contractors or the Owner's forces are working on the job on idie immediate premises, the Contractor agrees to so schedule the Contractor's work as not to make it necessary for the Contractor to cut into or otherwise alter any work that has been completed by such other persons. If the Contractor fails to do so, then the Contractor shall replace or repair the damaged work at Contractor's own expense and in a manner satisfactory to the Owner. If any part of the Contractor's work depends for proper execution or results upon the work of any other person, the Contractor shall inspect and promptly report to the Owner any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure so to inspect and report shall constitute an acceptance of such other work as fit and proper for the reception of Contractor's work, except as to defects which may develop in such other work after the execution of Contractor's work. Page II; of 16 Article 30. Subcontracts The Contractor shall, as soon as practicable after the execution of this Contract, notify the Corner in writing of the names of any Subcontractors proposed to be employed in any part of the work and shall not employ any such Subcontractor without the prior approval of the Owner in writing and shall terminate the employment of any which the Owner nay at any time object to as incompetent or unfit. The Contractor agrees to require each Subcontractor to execute a con tract in writing binding such Subcontractor to the terms of this Contract inso far as applicable to his work, and requiring such Subcontractor, to the extent applicable, to assume toward the Contractor all the obligations and responsibili ties that the Contractor assumes toward the Owner, unless specifically noted to the contrary in a written subcontract approved in writing by the Owner. The Contractor shall be fully responsible to the Owner for the acts and omissions of ell Subcontractors and of persons directly or indirectly employed by them. Nothing in this Contract shall create any contractual relationship between any Subcontractor and the Owner, The wore. "Subcontractor", as employed herein, shall mean one having a direct contract with the Contractor, including one who furnished material worked to a special design according to the plans or specifications cf this work, but excluding one who merely furnished material not so worked. Article 31. Arbitration All disputes which are herein stated to be subject to arbitration shall be submitted to and determined by arbitration. Demand for arbitration shall be filed in writing by either party with the other within a reasonable time after cause thereof has arisen and in no case later than the time for final payment. No one shall act as an arbitrator who is in any way financially interested in this Contract or is or has been connected or interested in the business affairs of either the Owner or the Contractor. The award of the arbitrator shall be in Page If? of 16 writing and shall be binding on both parties. Except as and to the extent other wise provided by tho controlling state law: no party nay have recourse to legal proceedings (other than to enforce this arbitration Article) unless and until an arbitration award has been made; the award of the arbitrator shall not be open to objection on account of the form of the proceeding or the award; and there shall be one arbitrator who shall be chosen by the American Arbitration Association, whose arbitration rules shall be followed. Article 32. 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 33. Use of Technical Information All blueprints, drawings, specifications and bills of material furnished to the Contractor by the Omer or prepared by the Contractor under the direc tion of the Omer are and shall at all times' remain tho property of the Ovner and are considered loaned to the Contractor only for use in the performance cf this Contract and the Contractor shall not use or permit the use of any of them for any other purpose without tile Owner's prior written consent. Said blue prints, drawings, specifications and bills of material shall be treated as con fidential information by the Contractor, who agrees not to disclose, dispose of, reproduce, copy or publish, or permit the reproduction, copying or public ation of them or any part of them without the written consent of the Owner, and will take all reasonable precautions to prevent any such <5ccurrences. Article 3b. Cleaning Up The Contractor shall at all times keep the premises free from accumu lations of waste material or rubbish caused by Contractor's employees or the work, and at the completion of the work Contractor shall remove all Contractor's Page 16 of 16 rubbish from and about the site and all Contractor's tools, scaffolding and surplus materials and shall leave the work "broom-clean" or its equivalent, unless more exactly specified. Article 3g. Adaptability of Plans and Specifications Except in the case of patented products for which there is no ade quate substitute, the Contractor will not, without the prior written approval of the Owner, prepare any drawings or specifications or do any engineering or planning for the prospective use or installation of any tool, piece of equipment, or material in the work which is of such a character that such drawings, specifi cations, engineering or planning could not be used with equal facility in connec tion with tie product of all or most manufacturers of such tools, equipment or materials, or any substitute therefor. Article 36, Engineering Approval The Contractor agrees to order no material or equipment and to do no actual construction, and to permit no work to be done by any Cr.hr.ontrsr.toy nr supplier of materials or equipment until the drawings relating thereto, the lists and specifications of materials, the equipment to be used and the supplier have been approved by the Owner. During construction, the Contractor shall make no substitutions of material without the prior written approval of the Owner, AMERICAN SMELTING AND REFININC FORM A INSURANCE-1 Rc i <J. 11/S6 )MPANY INSURANCE-CERT IF 1C A' AMERICAN SMELTING ANO REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO______ 3octhMB*tarn Industrial Contractor* end Kir fa. It*. THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING company on contract >lai* Onl-sium Crtzvg tfull/llng_________________________________________________ AT n rr.mn nrwitdr^ n, El Friaof Ta.ini 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. KIND OF INSURANCE NUMBER DESCRIPTION OF POLICY EXPIRES LIMITS OF LIABILITY RCOUIRCO MINIMUM contractor's public LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)* CCL-55U88 BODILY.INJURY 6-1-73 property-damage contractor's PROTECTIVE LIABILITY CCL-55U08 6-1-73 BODILY.INJURY CO-551188 6-1-73 PROPERTY-DAMAGE co-55U88 6-1-73 EACH PERSON $100,000 EACH ACCIDENT $300,000 EACH ACCIDENT $1 00,000 EACH PERSON $1<OfGUO ACn ACCIDENT each accident $1tC,000 $100,000 $300,000 $ 25.000 SIOD.OOO $300,000 $ 25.000 AUTOMOB 1LE BODILY-INJURY property.damage All-591037 6-1-73 AI-5V1C37 6-1-73 EACH PERSON $ 100,000 each accident S 300,000 each accident $ 100,000 $100,000 $300,000 $ 25.000 WORKMEN'S COMPENSATION AND wc-56792 6-1-73 - coMPLr with APPLICABLE STATE LAW EMPLOYER'S liability each accident $ $ 25.000 date Key 6, 1972 1 taeo, Tezra CITY STATE Employer* Casualty Cqppany and Tjeb toployw Influence Association INSURANCE COMPANY a/A-/W-< * ingrAUTHORIZED REP*SSEENN1TATIVE X-. i:. Im&w #The Contractor shell safe haraless end indemnify the Owner froa end against any expense, lose ordtasge oft account of eny elsia, deasnd or suit aede by eny person whoaaoewer, including sny eaployce of the Owner, which is in sny way reused by or connected with, or (rows out of the execution end perforasnee of this contract by the Contractor or sny Subcontractor; proided, however, that the Contractor shell not be required to iadeaaify the Owner against sny Joss caused solely by nepli* genet or willful fault of the Owner or its capleyees* Tba Contractor accepts all risk of injury or daaage and all responaibility for any claias for daaaget whatsoever resulting fro* the uae, aisuee, or failure of any hoist, rigging, blocking, scaffolding, or other like or unlike equipaest used by the Contractor or any Subcontractor, even though such equipaent b* furnished or loaned to the Contractor or any such Subcontractor by the Owner, and shall iadeanify the Owner against all such claias* 5h hi