Document ema83p7ODJzZXBnR9E20jDdmE

PLAINTIFF'S EXHIBIT T&4 - Purchasing civkic Uftal Insurance Opereting Vice President APPROVED BY RETURN TO PURCHASING DEPARTMENT 5-a-*y Co(!l| To ' AcJXA6. l*-iS Page 1 of 11 Asarco Construction or Repairs Contract Fora PD-19 Under $100,000.00 Revised 6/87 CONTRACT- FOR Jones School Demolition (Insert name of job) at ASARCO Incorporated's ________ El Paso Plant atEl Paso. Texas (Insert.town and state) THIS AGREEMENT made the 25 day of February, 19 88 , by and between Acme Demolition, whose address is 5124 Hercules, El Paso, Texas 79904 (hereinafter called the "Contractor") and ASARCO Incorporated, a corporation of the State of New Jersey, whose address is 180 Maiden Lane, New York, New York 10038 and P. O. Box 1111 (Insert address ______El Paso, Texas 79999 (hereinafter called the "Owner"). of plant or unit) WITNESSETH: The Contractor and Owner agree as follows: Article 1. Scope of the Work The Contractor shall furnish all shop drawings, field engineering, labor, tools, equipment, transportation, materials and other facilities, except such items as are hereinafter listed as being furnished or furnished and installed by the Owner, for Jones School Demolition (hereinafter called the (Insert name of job) "work") at the El Paso Plant of the Owner at El Paso, Texas (Insert town and state) in accordance with the drawings and specifications listed below, all of which are incorporated herein by reference and made a part hereof: (List Specifications and Drawings) 1. Acme Demolition Proposal Dated 5-1-87, Alternates A & C 2. Request for Quotation Dated April 4, 1987 3. Safety & Health Addendum to Contract 4. Addendum A 5. Asarco Inc. Equal Employment Opportunity Statement A? A RCO ELP OOIOOOO Page 2 of 11 Article 2. Time of Completion The work shall be commenced ____ March 1/ 1988 and shall be completed ______ May 31, 1988. Article 3. Payment (to be deleted if progress payments are to be made) The Owner shall pay the Contractor for the performance of this Con tract, the sum of Eleven Hundred dollars, ($ 1100.00), 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 re leases of all liens arising out of or in connection with the work by all persons, firms or corporations on whose behalf such liens could be or were filed) satis factory to the 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. Article 3. Payments (to be deleted if progress payments are not to be mad* The Owner shall pay the Contractor for the performance of thi^con- tract, theS^um of ./dollars, (?________________________ _), lawful money of the United States, 5 follows: On or about'^Jie day of each calendar commencing _, 19 the Owner shall pay the^JJ^ntractor percent (%) based &n the contract peaces, of the labor and materials incorporated in the work and of materials tfuitably stored at the site thereof up to the end of the next preceding calendar month, as estimated by the Owner, less the aggregate of previous payments; andS^pon completion of the entire work, a sum sufficient to increase the toal paymentWto percent ( of the contract price. Fina)/paynent of the remaking (_ %) of the contract price shall be.due days after coih^letion of the work. Before eaclr/such payment is due, the Contractor shalj submit evidence satisfactory to tfte Owner (including, if requested, partial wavers, or in the case of final payment, complete releases, of all liens arising otvt of or in connection w>^h the work by all persons, firms or corporations on hPse behalf such liens/could be or were filed) that all charges for labor and material in corporated in the work and all ocher indebtedness (except, in the case Of pay- ments/miher than final payment, indebtedness not then due) connected with she work'for which liens could be filed have been paid and that the work is freeN^f liens and encumbrances. ASARCO ELP OOIOOOI Page 3 of 11 Article 4. Payments Withheld The Owner may withhold all or part of any payment to the extent nec essary to protect the Owner from loss or damage on account of (a) damaged or defective work not remedied, (b) claims filed or reasonable evidence indicat ing probable filing of claims by other parties against the Contractor or the Owner, (c) failure of the Contractor to make payments properly to Subcontrac tors or for material or labor, (d) a reasonable doubt that this contract can be completed for the balance then unpaid, or (e) damage to the Owner's prop erty or the work of another contractor. Article 5. Liens If any lien remains unsatisfied after payment of the full contract price has been made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs, expenses and a reasonable attorney's fee. Article 6. Guarantv Bonds If the Owner has so requested prior to the signing of this Contract, the Contractor, at the option of the Owner, agrees to furnish or permit the Owner to secure bonds in the full amount of the contract written by a surety company designated by, or otherwise satisfactory to, the Owner, guaranteeing and conditioned for the full, complete and faithful performance of this con tract by the Contractor and for the payment of claims for labor performed or materials furnished in connection herewith, all in accordance with the terms of the bonds. The premium for the bonds will be paid by the Owner and must not be included by the Contractor in the contract price. In the event the Owner elects to secure such bonds, the Contractor agrees to sign the required application, to furnish necessary financial statements and financial guaran tees, and to otherwise cooperate with the Owner, in securing the bonds. If any change in work is authorized pursuant to the terms of this Contract, Con tractor shall cooperate with Owner so as to ensure Owner's ability to secure and maintain bonds for the same. Article 7. 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 incorporated in the work shall be in the Owner as soon as they are delivered on the site of the job. Article 8. 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 sole expense, replace ASARCO ELP OOI0002 Page 4 of 11 and repair any materials or portions of the work which the Owner, in its sole discretion, shall deem defective or otherwise not in compliance with the speci fications, design or performance requirements set forth in this Contract 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 set tled by arbitration. Article 9. 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. Where such damage includes damage to the work it shall be repaired at the expense of the Contractor. The Contractor shall use its best judgment and skill in dealing with labor matters, and take all reasonable steps to avoid labor dispute. In the event of any strike or threat of strike, slowdowns, featherbedding, or other like practices, the Contractor shall apprise the Owner of all relevant facts and implications of the particular labor problem involved, and shall consult in good faith with the Owner in an endeavor to reach a mutually satisfactory 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 10.___Contractor's Insurance The Contractor shall, for the mutual protection and benefit of both Owner and Contractor, procure, pay for and maintain in full force and effect, at all times during the performance of the work and until final acceptance of the work, policies of insurance issued by carriers acceptable to Owner which afford the following coverages: Workers' Compensation - Statutory Employers' Liability - Not less than $100,000 Comprehensive General Liability including In dependent Contractors', Broad Form Contractual, Broad Form Property Damage, Personal Injury, Completed Operations and Products coverages (such Completed Operations and Products - Not less than $1,000,000 combined single limit for both bodily injury and property damage A ARCO ELP 0010003 Page 5 of 11 coverages shall be pro vided for a period of one year after final comple tion and final acceptance of the work by the Owner), and deletion of any exclu sion pertaining to explosion, collapse, and underground property damage hazards Comprehensive Automobile Liability including Owned, Non-Owned, and Hired Car coverages - Not less than $500,000 combined single limit for both bodily injury and property damage Contractor shall deliver to Owner, at least ten (10) business days prior to any equipment or personnel being brought onto Owner's premises in accordance with the terms of this Contract, a Certificate of Insurance evidencing the above coverages with limits not less than those specified above. Such Cer tificate, with the exception of Worker's Compensation, shall name Owner, its subsidiaries, directors, officers, agents and employees as additional insureds and shall expressly provide that'the interest of same therein shall not be af fected by any breach by Contractor of any policy provision for which such Cer tificate evidences coverage. Further, such Certificate shall expressly pro vide that no less than thirty (30) days' prior written notice shall be given Owner in the event of material alteration to or cancellation of the coverages evidenced by such Certificate. Article 11. Indemnitv bv Contractor Contractor hereby agrees to protect, defend, indemnify and hold harm less the Owner, its affiliated companies and their directors, officers, agents, servants and employees (hereafter individually and collectively referred to as "Indemnitees") from and against any and all penalties, fines, awards, settle ments and losses (economic or otherwise) suffered or incurred by the Indemni tees on account of any suit(s), action(s), demand(s), claim(s), proceeding(s), liability or damages of any character and from and against all costs and ex penses, including attorney fees incidental to the defense and settlement of the same whether alleged, threatened or commenced by or in favor of any gov ernmental or other entity or by any person or persons against the Indemnitees on account of the violation of any applicable laws or ordinances, personal in jury (including death, disability, sickness and any loss arising therefrom) or environmental, property (including the loss of use resulting therefrom) or other damages, arising out of, alleged to arise out of or in any way otherwise attributable in whole or in part to the acts, errors, negligence, omissions (including but not limited to the failure to observe Owner's safety rules and all applicable laws, regulations and ordinances) or misconduct of Contractor, its agents, employees, subcontractors or other party under Contractor's di rection or control occurring in connection with the performance or failure of performance of the services or completion of the work contracted for herein provided that Contractor shall not be required to indemnify the Indemnitees AS^5CO ELP 0010004- Page 6 of 11 against any loss caused by the sole negligence of one or more of the Indem nitees. This indemnity shall survive termination of the Contract. The Con tractor 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 Subcontractor by the Owner, and shall indemnify the Owner against all such claims. Article 12. Owner's Responsibility for Certain Casualties The Owner shall be responsible for all damage to the work, including all materials and equipment owned by Owner on or about the premises intended for permanent use in the project or incidental to the construction thereof and included in the total cost of the work. The Owner may during the process of the work, maintain and pay for property insurance to cover the work during construction with such deductible as it may at its sole discretion choose or Owner may at its sole option com pletely self-insure same. If the Contractor desires any other insurance, beyond that provided by Owner, to protect Contractor's temporary structures, materials, hand tools, machinery and equipment, he may obtain and pay for same. Article 13. Compliance with Laws and Ordinances The Contractor shall give all notices and comply with all laws, ordi nances, rules, and regulations, bearing on the conduct of the work as drawn and specified. If the Contractor performs any work contrary to any such law, ordinance, rule or regulations, he shall bear all costs arising therefrom, in particular, but without limiting the scope of the foregoing, the Contractor shall, and shall cause any Subcontractor, to comply with the terms and provi sions of the Occupational Safety and Health Act of 1970 and all applicable rules, regulations, orders and occupational safety and health standards pro mulgated under and issued pursuant to such Act in the discharge of its duties and obligations hereunder. 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 contri butions or taxes under the Federal Insurance Contributions Act, the Federal Un employment Tax Act, any State Unemployment Tax or Wage Protection 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 regu lation 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 14. Patents The Contractor shall indemnify and save harmless the Owner against and from any and all claims, losses, costs, damages, expenses, actions or other ASARCO ELP 0010005 Page 7 of 11 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 drawings or specifications furnished by the Owner provided any such claim is not attributable to Contractor's negligence in the use of such patented araticles or processes. This indemnity shall survive termination of this Contract. Article 15. Changes in the Work The Owner, without invalidating this contract, may at any time order ex tra work or make changes by altering, adding to or deducting from the work. Such order may be made by the Owner on its own behalf or at the request of the 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 order 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 sub ject to arbitration. Article 16. Owner's Right to Terminate Contract If any proceeding is instituted by or against Contractor seeking to ad judicate it a bankrupt or insolvent, or seeking liquidation, winding up, reor ganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or seeking the entry of an order of relief or the appointment of a receiver, trusteeor other similar official for it or any substantial part of its property, or ifContractor shall admit its inability or fails to pay its debts generally, or shall make a general assignment for the benefit of its cred itors, or if the Contractor at any time should fail, refuse or neglect to supply enough properly skilled workmen or proper materials, or if he should fail or re fuse to make prompt payments to Subcontractors or for material or labor, or dis regard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of this Contract which Contractor 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 default and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method the Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed all the general damages of the Owner caused by the Contractor's default, includ ing but not limited to any financial losses or expenses incurred or suffered by Owner as a result of a delay in the completion of the work and the expense of finishing the work and compensation of the Owner for the Owner's managerial and administrative service, such excess shall be paid to the Contractor. ASARCO ELP 0010006 Page S of 11 If such damages shall exceed such unpaid balance, the Contractor shall pay the difference promptly to the Owner. Article 17. Owner's Right to Terminate Contract without Cause Owner may at any time terminate Contractor's services under the Con tract for any reason whatsoever by giving Contractor not less than fifteen (15) days' written notice of termination setting forth the effective date of termi nation. In the event of such termination, Owner shall pay to Contractor (a) its reimbursable costs for services performed prior to the effective date of such termination, less payments previously paid by Owner on account thereof, (b) all other reimbursable costs and expenses which Contractor may incur as a result of such termination, including relocation of Contractor's field person nel and such other costs and expenses as may be approved by the Owner, (c) an equitable portion of the profit based upon the actual work performed at the time of termination less any payment on account of profit which had been pre viously made. Except as may be otherwise expressly provided herein, Contractor shall not be entitled to demand any damages, compensation or indemnity of any kind as a consequence of such termination. Article 18, Correction of Work after Payment Neither payment nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship and the Con tractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom which shall appear within one year from the date of completion of the Contractor's work hereunder. The Owner shall give notice of observed defects with reasonable promptness. Any dispute under this Ar ticle shall be subject to arbitration. Article 19. Arbitration If any controversy, claim, dispute or question shall arise between the parties in respect of the construction, meaning or effect of this Contract or anything contained in it, or the rights and liabilities of the parties here under or otherwise in relation to this Contract, then every such controversy, claim, dispute or question shall be decided by arbitration in accordance with the rules of the American Arbitration Association. This agreement so to arbi trate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of demand for arbitration will be filed in writ ing with the other party and with the American Arbitration Association. The demand for arbitration will be made within a reasonable time after the contro versy, claim, dispute or question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceed ings based on such controversy, claim, dispute or question would be barred by the applicable statute of limitations. An award rendered pursuant to arbitra tion will be final and judgment may be entered in any court having jurisdiction thereof. ASARCO ELP OOI0007 Page 9 of 11 Article 20. Subcontracts The Contractor will not employ any Subcontractor without the prior writ ten approval of the Owner and the Contractor shall require each Subcontractor to execute a contract in writing containing provisions similar 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 21. 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 Con tractor hereunder without the prior written consent of the Owner. Article 22. Coordination of Work The Contractor shall conduct the work hereunder so as to cause a mini mum of interference with the Owner's operation. Where interference with the Owner's operations become absolutely necessary, permission shall be requested by the Contractor not less than seventy-two (72) hours in advance. Article 23. 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 practi cable without interference with operatons, to furnish the Contractor, free of charge, for its use during the construction, electricity, water, steam and com pressed air required for construction purposes, at the voltage and pressure cur rently available at Owner's said plant, to a point adjacent to or within 3qq feet of the site, but the Contractor will be required to make the necessary con nections, provide approved shut-off and safety devices and furnish and install all temporary lines required to bring them to the point of use. Article 24. 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 25. Technical Information The term "technical information" as used in this agreement includes but is not limited to technical data, reports, models, drawings, specifications, op erating manuals, designs, computations, formulas, apparatus, processes, patentable or unpatentable inventions and other engineering data. You agree to accept Owner's decisions as to whether any particular information is technical informa tion or is technical information which has been made or conceived under this agreement. AS4RCO ELP OOI0008 Page 10 or 11 It is understood that in the course of your performance hereunder you may learn or have access to technical information of Owner. You agree that you and your personnel will keep in confidence all such technical information of Owner and that you and your personnel will-not use or disclose the same without Owner's written consent, either during the term of this agreement or at any time thereafter. You agree to disclose to Owner all technical information made or con ceived by you or your personnel in performance, or resulting from performance, under this agreement. You agree that all such technical information made or conceived by you or your personnel shall become and remain the free and unre stricted property of Owner and that you shall assign or cause the same to be assigned to Owner. You agree that you and your personnel will keep in confi dence all such technical information made or conceived by you or your person nel and that you and your personnel will not use or disclose the same without Owner's written consent, either during the term of this agreement or at any time thereafter. You agree, upon the request and at the expense of Owner, to make or cause your personnel to make applications for Letters Patent in such coun tries as Owner may designate on those of the aforesaid assigned inventions which Owner believes to be patentable; and to assign all such applications to Owner or its order; and to give Owner, its attorneys and solicitors all reasonable assistance in preparing such applications, and in prosecuting such applications in the patent office or offices involved and in defending and en forcing any patent chat may be issued upon any such applications; and to exe cute all papers that may be reasonably required in the prosecution of such ap plications or to vest in Owner or its assigns said inventions, applications and Letters Patent. Article 26. Force Majeure Neither party shall be considered in default in the performance of its obligations hereunder to the extent that performance of such obligations is de layed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the parties hereto which they cannot reasonably have fore seen and guarded against. Force majeure includes but is not limited to, acts of God, labor disputes, financial crisis, fires, riots, civil commotions or civil unrest, incendiarism, interference by civil or governmental authorities, and acts of war (declared or undeclared). Article 27. Entirety Clause This contract constitutes the entire agreement between the parties, and except as may be specifically sec forth herein no changes can be made herein ex cept by an agreement in writing duly executed by the parties or their duly au thorized agents. Article 28. Additional Provisions (Add such additional provisions, if any, as the particular job requires.) None ASARCO ELP 0010009 Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this contract the day and year first above -written. ASARCO Incorporated Owner ASARCO ELP OOIOOIO ACME DEMOLITION 5124 HERCULES EL PASO, TEXAS 79904 (915) 757-1835 nsarco Karl Glasser Dear Gentlemen: LVD: Demolition Jones School S-v-so 2his is my proposal to demolish Jones School, to demolish structure down to concrete. ncne Demolition will pay .-.sarco ;3500.00. Do demolish concrete down to grade, we will charge .'4,000.00, leaving total cost at ;500.00. Do increase limits of insurance from ;5QC,000.00 to ;1,000,000.00 cost is .'l, 500.00. l-leace tahe it into consideration that I am a certified asbestos aoareman contractor and own all necessary equipment to remove asbestos according to local State and federal regulations. Dhis asbestos job is worth between .,3000.00 and ,,;12,0C0.00, will be included in case bid at no extra cost to you. Dhe time that I would require to do this job is 60 days. ! inc erely 0 ** David Hernandez ^ A^ARCO ELP OOIOOII 3q4coi_ D&ucuri6vJ loops' (Aft Foo^ooos : 2^tUCX>K. OF ^4ct_ Kjitrefabu R2-oa>j "5rmr STk'c^r Cooci^tt 3-. (Zg^olA. o<c u-4`4r&L(`{3h | 3. *c<^o2-s. ^c.iocitsre' "To Qtji&oonJio L-<su3-. 3. Q /U 'TlUUtt &Quitted FdtL CcxAUiP^<Tl6tO op WCfc_ ]S* io^uft-JAO^ p<=& Z3 fs feepui&gft C . 4 PeOLPc&UAuvz coiLc_ Bs Ps:?oi^a^ A 3j4i2.<lc^ G^4f^L <3u4sa2- sa-issr ASAPCO ELP 0010012 C SAFETY & HEALTH ADDENDUM TO CONTRACT EL PASO PLANT 1. PURPOSE: The purpose of this Addendum is to provide a uniform set of safety and health rules for all contractors to follow. This Addendum does not supersede or change any portion of the contract. As a general rule, all safety and health requirements applicable to Asarco employees shall be applicable to contractor employees. 2. ASARCO REQUIREMENTS: Asarco expects any contractor working in the Plant to have strict policies to protect employee health and safety as well as to ensure compliance with OSHA standards. Additionally, this Addendum contains Asarco rules and policies pertaining to employee safety and health. Any contractor vio lation of Asarco and/or OSHA regulations will result in disci plinary action. Asarco reserves the right to dismiss any employee and/or suspend cr terminate the construction project for contractor's failure to comply with the terms of this Addendum. 3. OSHA REQUIREMENTS: Contractors shall enforce all applicable regulations of tne Occupational Safety and Health Administration (OSHA). Many OSHA requirements (particularly in the health area) are special to the El Paso Plant because of air contaminants such as lead and arsenic resulting from the smelting of non-ferrous ores. 4. LIAISON: Each contractor will be required to name a safety and health liaison officer. This liaison officer shall periodically meet with Plant safety/health personnel to ensure that the require ments of this Addendum are being met. Prior to commencement of the project, the contractor's safety and health liaison officer shall meet with the respresentatives of Asarco's safety staff and environmental staff. This orientation meeting will be scheduled by Asarco's engineering office prior to the start of work. The contractor's liaison officer is specifically advised to become familiar with the following OSHA standards: 29 CFR 1910.1018; 29 CFR 1910.1025; 29 CFR 1910.1200. 5. MEDICAL EMERGENCIES: In the event of a medical emergency, Asarco first-aid facilities and personnel are available. If it is determined that an ambulance may be needed for assisting in emergencies, the contractor must notify the Plant Security'Control Center (phone #865) which will then make arrangements for the ambulance and notify other personnel, such as the clinic nursing staff. ASARCO ELP 0010013 Safety & Health Addendum Page 2 Asarco in-plant telephone extension .numbers for emergency use follow (arranged by priority): First Aid Clinic Security Control Center Safety Office Engineering Office Environmental Office 853 865 (24 hours) 820/821 855/856 847 (24 hours) 6. IUJURIES/ILLHESSES/EQUIPHEHT DAMAGE: 6.1 Contractors will be required to provide their own arrangements for the handling of job-related injuries and illnesses. 6.2 First-aid equipment and treatment will be provided by the contractor. 6.3 Asarco's engineering and/or safety office will be notified immediately of all serious equipment damage incidents and injury/illness claim by contractor employees. Copies of investigation reports and Employer First Report of Injury Forms must be provided to Asarco. Evaluation of these reports may result in further investigation by Asarco safety/environraental personnel as needed. 7. PROTECTIVE EQUIPMENT: 7.1 General - the contractor will furnish all safety equip ment required to meet OSHA and Plant requirements. This equipment consists of hard hat, safety glasses, res pirators, protective clothing, gloves, and safety shoes. Upon mutual agreement, Asarco may provide any/or all of this safety equipment. The safety equipment must be acceptable to Asarco. Special requirements follow: - Hard hats of an approved type shall be worn by all employees. Aluminum and bump-style caps are prohibited. - Safety glasses shall be worn by all employees. Side shields are strongly recommended. - Welding hoods should be a style to accommodate res pirator wearing while welding. ASARCO ELP 0010014 Safety & Health Addendum Page 3 7.2 Respirators - Respirators shall be worn by all contractors at all times within regulated areas of the Plant. These areas are indicated throughout the Plant by posted signs and/or flourescent orange-painted sauare mark ings. Respirator fit-testing to ensure proper res pirator fit will be provided by Asarco upon mutual agreement. Scheduling of fit-testing must be coordi nated through the Plant Environmental Department (phone ext. 848). - Contractor employees using respirators must he clean shaven. Beards in the Plant are not allowed. Use of facelets and/or fabrics between the respirator body and the face are not allowed. - Upon mutual agreement, Asarco will clean respirators daily if the contractor turns in respirators for daily cleaning. Contractors shall pick up these items daily at Asarco's designated area and shall return then to a designated area for cleaning. Con tractor shall enforce the proper use of respirators and shall be responsible for losses and damage due to negligence. 7.3 Clothing - All contractor employees working in the Plant shall be required to wear protective clothing (work cloth ing or coveralls) meeting OSHA requirements. Upon mutual agreement, Asarco shall launder such clothing. In this case, Asarco will furnish clean work clothing or coveralls daily if the contractor turns in cloth ing for daily cleaning. Contractors shall pick up clothing daily at Asarco's designated area and shall return clothing to a designated area. - Pants and long-sleeve shirts shall be worn by all contractors due to the nature of Plant operations. Cotton fabrics are recommended in hot metal areas and spark-producing environments. The contractor shall enforce the use of proper clothing and shall be responsible for losses and damage to Asarco-provided clothing. asarco ELP OOIOOI5 Safety Health Addendum Page 4 8. HEALTH PROTECTION RULES: 8.1 General - the smelting of non-ferrous ores can result in air contaminants potentially damaging to human health. The Plant has extensive controls to minimize these air contaminants. It is possible that these systems can malfunction or that contractor employees nay be working in an area where controls are not feasible. For these reasons, the contractor must emphasize to his employees that their prime means of protection is proper respirator use. The contractor must institute all the elements of a good respirator program. Any questions on respiratory protection should be referred to the Plant Environmental staff (phone ext. 848). 8.2 Biological Monitoring - biological monitoring involves the analysis of body fluids such as blood and/or urine to determine the concentration of contaminants. This biological monitoring is a good check on the respirator use of any employee. Therefore, Asarco reserves the right to require biological monitoring samples from any contractor employee. Asarco may require sampling at the beginning of a project and at periodic intervals throughout the project. If a contractor employee exceeds the Asarco allowable limits in blood and/or urine. Plant Environmental personnel will notify the contractor and the Asarco Engineering Office and will require the contractor to remove the employee to a low exposure area. Asarco will perform the sampling and the analysis and will furnish the contractor with the results of all biological monitoring tests. The contractor should note that special restrictions and limits are necessary for female employees. 8.3 Foods/Smoking - (Jo smoking is allowed in the Plant, nor can contractor employees carry smoking materials on the job site except in their lunch buckets. Smoking is allowed only in authorized lunchrooms and change rooms. Asarco will furnish an authorized lunchroom and a change room. - The possession and use of food or beverages are prohibited in the Plant except in authorized lunch rooms and change rooms. Again, Asarco will furnish a lunchroom and a change room. ASARCO ELP OOIOOI6 Safety & Health Addendum Page 5 - All contractor employees.shall be instructed and required to wash their hands and face before eat ing or smoking. 9. SAFETY RULES: A complete list of safety rules cannot be pro vided so it is expected that all contractor employees will use common sense and work safely at all times. The Plant Safety Rule Book should be reviev/ed for further information. A copy of the El Paso Plant Safety Rule Book will be provided to each contractor. It will be the responsibility of the contractor to make their employees aware of and to enforce Asarco safety rules. The following rules are considered to be of sufficient importance to be listed below. Remember, failure to adhere to OSHA and/or Asarco safety and health rules may result in employee discharge or suspension/termination of construction work. 9.1 Employees v/orking at a height of 10 feet or higher will be required to wear safety belts/lanyards unless protected by handrails. 9.2 Employees will not ride crane hooks (headache balls) or climb up/descend steel columns. Ladders shall be used. 9.3 Hazardous overhead work in other work areas shall be appropriately posted and/or barricaded as required fcv OSHA. 9.4 Compressed oxygen/acetylene cylinders will be kept upright and secured with valve caps in place at all times. 9.5 Welding torch leads, hoses, etc., will not be left in walkways or near stairs. Hoses, lines, etc., will be so arranged to prevent tripping and housekeeping hazards. 9.6 A safety lockout system shall be used by contractor employees to prevent accidental energization of eouipment. Coordination of equipment being locked out between contractors and Plant personnel will be required. 9.7 Contractor vehicles will observe Plant speed limits. ASARCO ELP 0010017 Safety S Health Addendum Page 6 9.8 Contractor employees will not ride in cr on eouio'mont unless seats are provided. 10. HAZARDOUS MATERIALS AMD CHEMICALS: 10.1 Training - the Plant Environmental staff will provide contractors with information regarding hazardous chemicals to which their employees may he exposed while on Asarco property. The contractor shall he advised regarding measures his employees should follow to reduce the possibility of exposure. Such measures may include: - Use of personal protective equipment, including cloth ing, gloves, and respirators. - Advice on any recommended work practices to follow to reduce exposure. - Steps the Plant has taken to reduce exposure. - Guidelines on personal hygiene to reduce exposure, such as the use of showers; steps to reduce crossexamination between work and street clothing; and smoking and eating in the Plant. The contractor's liaison officer shall be advised to provide this information to its employees prior to entering Asarco property. Upon nutual agreement, Asarco personnel will provide training to contractor employees on hazardous chemicals at the site to which contractor employees may be exposed. 10.2 Material Safety Data Sheets (MSDS) - the contractor's liaison officer can obtain MSDS's on specific chemicals from the Plant Environmental staff. Contractors are required to provide MSDS's for any hazardous materials they may bring into the Plant to which Asarco employees may be exposed. Any unused hazardous materials or chemicals brought into the Plant must be removed at the time of project completion. ASARCO ELP 0010018  ADDENDUM "A Lead is present in varying concentrations at the site where the work under this Contract is to be performed. Inhalation or ingestion of lead can result in chronic or acute lead poisoning the latter of which can be fatal. The Contractor acknowledges that he has been fully warned of these health risks and that he has received a copy of the Material Safety Data Sheets pertaining to lead. Prior to the commencement of work the Contractor agrees to inform his employees and subcontractors, if any, of these risks; provide them with appropriate and complete safety instructions; distribute to each such employee a copy of the attached booklets describing safety precautions to be observed and stressing the health dangers from exposure to lead in general. Contractor further agrees that it shall require each of its employees and those employees of its subcontractors who shall be performing work under this Contract to (1) fully comply with federal OSHA regulations (including, but not limited to, the wearing of approved respirators and protective clothing) and such other regulations,laws, or ordinances as may be or become applicable at any time during the term of this Contract and (2) permit Owner or any person designated by Owner to take such blood, urine or other specimens as may be deemed desirable by Owner to monitor exposure levels and Contractor shall remove from the job any such person whose test, in Owner's opinion, exceeds acceptable levels. The terms of this paragraph are material to the performance of this Contract; any breach will allow Owner to terminate this Contract immediately. The Contractor will indemnify and hold Owner and its subsidiaries harmless from any claims, suits, actions, demands, proceedings, liability or damages of any character which arises or is or alleged to arise out of Contractor's failure to comply with any provision of this paragraph, or the performance of any work under this Contract, including those brought against Owner and it subsidiaries for personal injury, property or other damages. This indemnity shall survive termination of the Contract. APARCO ELP 0010019 El Paso Plant H.A. Schlieper Manager J.R. Shaw Superintendent R.L. Vollmer Accounting Manager R.O. Covington Purchasing Agent June 1, 1984 ASARCO INCORPORATED EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT Our Plant has a long-standing policy that its employment practices shall provide equal opportunity for all employees without regard to race, color, creed, sex or national orgin. 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 oppor tunities for all without regard to race, color, creed, sex or national origin--except where sex is a bonafide occupational qualification. Our hiring practices, promotions and transfers at all levels of employ ment must continue to be based on an individual's qualifications and ability to perform satisfactorily the job requirements with due regard to seniority, while furthering the principles of Equal Employment Opportunity. Within ASARCO our management must provide the lead 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 con tinued promotion and enforcement of this Policy throughout your organizaiton. Mr. A. R. Scasta, Personnel & Safety Director, will continue to administer our Equal Employment Opportunity Program. I know he will have your close and active cooperation in this matter. / ) ASARCC Ir.co.'pora'.ed El Paso. Texas 79999 ASARCO ELP 0010020 FROM MID-CONTINENT. CASUALTY COMPANY Tulsa, Oklahoma ?5ncfn all ^Hrn kg Ikrtr prttrnl*: Thai Ihe MID-CONTINENT CASUALTY COM- PANY, a corporation of the State of Oklahoma, having its principal office in the city of Tutu, Oklahoma, pursuant to the following By-Law, which was adopted by the Stockholders of the said Company on March 1.1th, 1947. to-wit: "Article IV, Section 7. -- The Executive Officers of the Company shall have power and authority to appoint, for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one more Resident Vice President, Rest* dent Assistant Secretaries and Attorncys-in-Fact and at any time to remos'c any such Resident Vice President, Resident Assistant Secretary, or Attorney-in-Fact and revoke the power and authority given him. None of such appointees need be Directors of the Company.** does hereby constitute and appoint Bobby J. Boyles, Anna F. Boyles, Karsha H. Fintell, individually of Cl Paso, Texas its true and lawful attorncy<s)-in-fact, to execute, seat and deliver for and on its behalf as Surely, and as its act and deed. Any and all bonds and undertakings of Suretyship And the execution of such instrument^ in pursuance of these presents, shall be as bind* inf upon the id MID-CONTINENT CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Tuisa, Oklahoma. All authority hereby conferred shall expire and terminate without notice on November 18 19E& termination shall not affect liability under any bond executed prior to that date. 3n JS'Amtt JD^rfiol, The MID-CONTINENT CASUALTY COMPANY hu earned these presents to be signed and its corporate seal to be affixed by its authorized officer this 18th tlay of November ` ^Corporate sea) affixed) STATE OF OKLAHOMA ' COUNTY OF TUI.SA 1 I On Ihit i8eh day of Novetsber . A.D.. 19 66 , before me, % Notary Public of the Slate of OklahoTp in and for the County of Tulsa, came the individual to me personally known to be the officer described in. and who executed the preceding in* slrumcni, and he acknowledged the execution of the same. and. being by me duly sworn, said that he is the therein described and authorized officer of the MID-CONTINENT CASUALTY COMPANY aforesaid, and that the seal affixed to the preceding instrument is the corporate of said Company, and the said corporate seal and his signature as such officer were duly affixed tu the said instrument by the authority and direction of the said Company, and that Article IV. Section 7. of the By-Laws of said Cnmpany, referred to in the preceding instrument, is now In force. _ IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official ical at the City of Tulsa, the day ami year first above written. My Cummminn empires Eecember 2, 1987 KCs ^-tary Public . ^-cAssijtnnt Secretary or'the MID-CONTINENT CASUALTY COMPANY,/to^^gSy certif^tNaV the above and foregoing is a true and correct copy of the onpnjt PuJ^igWrcy >J Comply In Bobby J. Boyle, , Ann, r. Boylc-S harsha Ha Vi is frg 11____ ____ *,jJ J to execute bonds and undertakings as Wherein set forth, amkf.'fA.Hlychy d\utb*e<j.verlify th-j! the viid Power of Attorney has not been revoked imd ts now in X,Y fdtU'.IslKf f&y' IN WlT,ST.&M^'LIJ?&kQ4,;*'l have hereunto subscribed my njmc Secrcillry uml affJicJ^thc corpor;ilL' seal of said Company at Tulw, Oklahoma, this ^_Xfiay of 1 ^ Todil BuZutj 'slant Secretary. ASARCO ELP 0010021 c&c$&e&c$c&c&c&e&c&csc&c&c&c&c&c&c&c&c&e^ : l MID-CONTINENT CASUALTY COMPANY P. 0. BOX 1409 TULSA, OKLAHOMA 74101 PERFORMANCE BOND Approved by The American Institute of Architects A. I. A. Document No. A-311 (February 1970 Edition) BOND NUMBER________ 66070 KNOW ALL MEN BY THESE PRESENTS: m,. ACME CONSTRUCTION AND DEMOLITION . as Principal. hereinafter called Contractor, and MID-CONTINENT CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Oklahoma, Tulsa, Oklahoma, as Surety, hereinafter called Surety, are held and firmly bound nnin ASARCO, INC.____________ as Obligee, hereinafter called Owner, in the amount nl FIFTEEN THOUSAND AND N0/100- lIDoliars is 15,000.00- for the payment whereof Contractor and Surely oind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS Contractor has by written agreement dated- FEBRUARY 29 _ig88 entered into a contract with Owner for DEMOLITION OF JONES SCHOOL in accordance with drawings and specifications prepared by_ hereof, and is hereinafter referred to as the Contract. iHe-e insen lull came. line ana aaare&s) _____________________ _ which contract is by reference made a part NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation snail be null and void: otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension ol time made by the Owner. Whenever Contractor shall be. and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety ot the low est responsible bidder, or. it the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange lor a contract between sucn bidder and Owner, and maxe available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts ot completion arranged under this paragraph) sufficient funds to pay the cost ol completion less the balance of the contract price; but no! exceeding, including other costs and damages tor which the Surety may be liable hereunder, the amount set lorth in the first paragraph hereof. The term "balance of the contract price," as used in lh,s paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this-- In the presence of: 29th _day ot_ FEBRUARY r Corbel 211 [2-701 (J ASARCO ELP 0010022 BOB BOYLES INSURANCE AGENCY INSURANCE - MORTGAGE LOANS 1000 EAST YANDELL DRIVE P. O. BOX 764 EL PASO. TEXAS 79943 PHONEi 333*5315 - 532*5459 February 29, 1988 Mr. David Hernandez Acme Construction & Demolition 3804 Volcanic El Paso, Texas 79904 Dear David: Attached you will find the Certificate of Insurance which you requested for the Jones School Demolition job. Please note that the requirements of $1,000,000.00 liability are being met on this certificate as follows: Your primary automobile policy covering the trucks has limits of $500,000 CSL. The Primary Comprehensive General Liability policy has limits of $500,000 CSL. The Stonewall Surplus Lines policy provides $500,000 Excess Automobile Liability coverage and also $500,000 Excess Comprehensive General Liability coverage, making a total for each coverage of $1,000,000. The Workers' Compensation policy is through the Texas W.C. Assigned Risk Plan, therefore, we have included a copy of the policy and a copy of our letter requesting the company to forward a Certificate of Insurance directly to ASARCO. We trust these enclosures will meet with approval of the ASARCO. ASARCO ELP 0010023 : $ 41 " y ; ----~ * i.*'**'t*-'%^ * - J~ '*? ''>*Sv vr . .... ^s^'4.r. BOB BOYLES INSURANCE AGENCY, INC. P.O. BOX 764 EL PASO, TEXAS 79945 > DAVID HERNANDEZ, dba i ACME CONSTRUCTION & DEMOLITION 3804 VOLCANIC ; EL PASO, TEXAS 79904 i ; ,s TQ crpT!=Y 7".AT?0L ' ' I CT'VITHST^NDiNOAliV r.BTC i~ - :;3L'D Cfl SA'' T-F " i --s c-F sue:- fol:c:so. F..\3AL LI =A 1... CGL 199012 A i t; x..x. . ; xx \ xx CBA 1046 im 02-29-88 MID-CONTINENT CASUALTY COMPANY STONEWALL SURPLUS LINES INSURANCE CO. 09-30-87 09-30-88 12-04-87 12-04-88 500, 500, nil 500, 500, 50, _ 5,.__ j " COVERS BOTH AUTOMOBILE EXCESS & COMPREHENSIVE GENERAL EXCESS S "XX ______ 1-713-771-9800 02-29-88 05:2_9-88 500, 500, j ,1 :....... -J.-.PLC.:: It!' L._U:L,TV PLEASE SEE ATTACHED : . .. . ....................................-- -- i ===== (1) IN THE EVENT OF THE CANCELLATION OF OR MATERIAL CHANGE IN THE ABOVE LISTED POLICIES. jTHIRTY (30) DAYS PRIOR WRITTEN NOTICE WILL BE GIVEN TO THE ADDRESSEE. (2) THE OWNER, ITS SUBSI DIARIES, DIRECTORS, OFFICERS, AGENTS, & EMPLOYEES ARE NAMED ADDITIONAL INSUREDS AND THEIR INTER! :-IN THIS WORK SHALL NOT BE AFFECTED BY ANY BREACH 0F_CONTRACTOR OF ANY POLICY PROVISION------------ -~ fTsscRiPTovcFC^-- V4, ;.S *-.................... .......... CONTAINED HEREIN. jJOB: DEMOLITION OF JONES SCHOOL 1 ASARCO, INC. I EL PASO, TEXAS 79922 * 3 i v . ........... . '-jCt1 ' ASARCO ELP OO10024 C MID-CONTINENT CASUALTY COMPANY P. O. BOX 1409 TULSA, OKLAHOMA 74101 CONTRACT PROGRESS INQUIRY December 22,19 88 To:. ASARCO Our Bond No. .. 66070 P.O. Box 1111. El Paso. TX 79999_________________ (address) Amount $15,000.00 Contractor____ Acme Construction & Demolition (name and address) Description of contract and location:_________________ _____________ _________ __ Qs.mQllt.i.Qn_<?.f..J.ao.es...Schooi_________________________________________________________________________________ Our Company is Surety on the bond covering the above contract. In order to render proper service and complete our records in connection with this contract, it is necessary that we have the information requested below. Without prejudicing your rights or affecting our liability under our bond, we would appreciate the following information. PLEASE RETURN PROMPTLY IF CONTRACT IS UNCOMPLETED: Very truly yours, BONDING DEPARTMENT <Amount now completed $.................................................... or %____OiQ__io Is satisfactory progress being made? (check) YES________ _______ __ NO________________ Probable date of completion _______________________ ___ _________________________________ IF CONTRACT HAS BEEN COMPLETED: When making a final settlement with Contractor, did you obtain swom affidavit that all bills for labor and materials and all accounts due subcontractors WERE PAID IN FULL? Completion date______ Zl.z..RXL_______________________________________________________ Acceptance date ____ q-xY Final contract price paid including extras $.... What part of contract, if any, is guaranteed? .._.J^.QO<L_ Period of maintenance guarantee is______ Q.________ ,,Year(s) ending (expiration date) Have any liens or claims for unpaid labor or material bills been filed? (check) YES________ NO,, kIo (give names and amounts below) Remarks: A-H___________ 19 Date. ____ Signed 8-1221 Address -QS3Ll.li.l..|.33=. ASARCO ELP 0010025 ICO, INC. sq Plant ' :t Purchase A: ORIGINATOR C3u+sai~ "X-t-fcxx. ^ DEPARTMENT Dso/ooi n c*. j 6P`1'4L ITEM NO. ONE TUflE DIRECT? YES ET NO C1F1CATI0NS: FufcuiSd- f (JUiAr&U'ih^ & tz&u>f/)ujiir 212=__QHvJign-J- Dca^nui-noV) % lck&*&~>rex (L&ucxju*- ('7.'7co%- 1 foc^ RIAL USED FOR: ' SUBSTITUTE ADVISE NO SUBSTITUTE: ORIGINATOR INFORMATION PURCHASING INFORMATION SUPER MGR. QUANT. DATE WORK ORDER EQUIPMENT SHIPPING INTERVAL VISOR REQ. REQ. NUMBER NUMBER DATE ft 9-^H % 2 UNIT UJ > COST rftco PURCHASE ORDER DATE NUMBER TYPE Co-*|------ r u>n WOO 11^ n Tf^o^ ASARCO ELP 0010026 ACME DEMOLITION 3804 VOLCANIC EL PASO, TEXAS 79904 (915) 757-1835 4 TO: __ ___A PROJECT: __a @ BILLING WORK SHEET _____________ TYPE OF WORK:. 4Q. /7W ORIGINAL CONTRACT AMOUNT ................................................................................................... CONTRACT CHANGES: ----------------------------------------------------------------------- $------- $----------------------- -------------- ------------------------------------------------------------------------------------------------------------------------------------ ____________ ------------------------------------------------------------------------ $____ TOTAL CONTRACT AND CHANGES .............................................................................................. LIST WORK BY CLASSIFICATIONS ESTIMATE NO.. OATE F-EST4MATE. PERCENT COMPLETE JXlib____ $. <ZlCD ~ $ $ ITEM QUANTITY PRICE --------------------------------------------------------------------------------------------------------- $ --------------------------------------------------------------------------------------------------------- $ --------------------------------------------------------------------------------------------------------- $ ---------------------------------------------------------------------------------------------------------$ TOTAL WORK PERFORMED-GROSS ............................................................................................................................. $ LESS RETAINAGE, % OF GROSS.................................................................................................................................. $ DIFFERENCE.......................................................................................................................................................................$ LESS PREVIOUS PAYMENTS-NET $ LESS OTHER $__________________________________ $ OC> NET AMOUNT DUE THIS INVOICE ....................................... .......................................................................................s.-^20>-Zl AS4RCO ELP OOI0027 ACME DEMOLITION 3804 VOLCANIC EL PASO, TEXAS 79904 (915) 757-1835 BILLING WORK SHEET TO: A-H-/1 ` Cj\aO L2A.--:- - - - - - - - - - - - - - PROJECT: iM ^ TYPE OF WORK:.-AaL.Mac--Q------------- ESTIMATE NO., DATE OF ESTIMATE. kpk. ~i, mb J 3./ __PERCENT COMPLETE do p ORIGINAL CONTRACT AMOUNT ........................................................................................ CONTRACT CHANGES: act- Vvar $______________________________________________ $-----------.-------------------------------------------------------------------------------------------------------------- ______ $___________________$___________________________ TOTAL CONTRACT AND CHANGES ................................................................................... $____________ LIST WORK BY CLASSIFICATIONS ITEM QUANTITY TOTAL WORK PERFORMED-GROSS ................................ LESS RETAINAGE% OF GROSS DIFFERENCE......................................................................... LESS PREVIOUS PAYMENTS-NET $___________________ LESS OTHER $____________________ NET AMOUNT DUE THIS INVOICE ..................................... PRICE $ $. $ $ $ $. $. $_______ s_]JOd go. ASAP C O ELP OOI0028 C ACME DEMOLITION 3804 VOLCANIC EL PASO, TEXAS 79904 (915) 757-1835 BILLING WORK SHEET TO: _..-AAsCUSIOA-f-l-rv Cl)uf,Q,, g^ ESTIMATE NO.. . DATE Or COTtMATE M i, m PROJECT: !Fi ^Xerr^&A IOn %PERCENT COMPLETE. TYPE OF WORK:. tte/iwo Ixiur ORIGINAL CONTRACT AMOUNT .................................... ............................................................................................ iioq XS- CONTRACT CHANGES: ft), -esstr WiW TOTAL CONTRACT AND CHANGES .............................................................................................................................$ . LIST WORK BY CLASSIFICATIONS ITEM QUANTITY PRICE _________________________________ $ --------------------------------------------------------------------------------------------------------- $------------------- ---------------------------------------------------------------------------------------------------------$ TOTAL WORK PERFORMED-GROSS .............................................................................................................................$ LESS RETAINAGE, % OF GROSS................................................................................................................................... $ DIFFERENCE...................................................................................................................................................................... $ LESS PREVIOUS PAYMENTS-NET $ LESS OTHER $__________________________________ $ 2NET AMOUNT DUE THIS INVOICE ................................................................................................................................$__LLl Q___ ASARCO ELP 0010029 -'3'cMg.S- -S&H od___ Q=^ac.mo bL -5=0=30. iQo&j=r____'jJEXF- i 2 |! "D^iuo lb Top OP Coot- i -CS^o.oj^. jfc&- pLS)DO 3 1|_ ! i j. _LL._ !' buo--fc.^Qmoj^LgjgL- Xspop 4 !_ MS.c. 5^. 5 ' Sjfc-fi-xvh. .Ssb. \Ai)A f&c lOcnovo i! 4 %4>qp. !- i$cd 20 *--ji---- 33 f i: 2. ,3, QZaOir to A __ : 'TsJfifrlpN' Qsaf rau Mor/eo4u 11>si: *4(>ao : Ii-sw-m` ---- -- -- -- fojijo^nbjs -fkRfaiiPmos' too, -~4- ' ffiptjrt IkkLdiQdh i! v. cc*Ajr 1-:C4 cee< ASARCO ELP 0010030 ACME DEMOLITION 5124 HERCULES EL PASO, TEXAS 79904 (915) 757-1835 Asarco Karl Glasser RE: Demolition Jones School S-^-S-7 Dear Gentlemen: This is my proposal to demolish Jones School, to demolish structure down to concrete. Acme Demolition will pay Asarco 03500.00. To demolish concrete dov/n to grade, we will charge 04.000. 00, leaving total cost at 0500.00. To increase limits of insurance from 0500,000.00 to 01.000. 000.00 cost is 04,600.00. Please take it into consideration that I am a certified asbestos abareman contractor and own all necessary equipment to remove asbestos according to local State and Federal regulations. This asbestos job is worth between 08000.00 and 012,000.00, will be included in base bid at no extra cost to you. The time that I would require to do this job is 60 days. ASARCO ELP 0010031 F & P DEMOLITION CONTRACTOR F.O. BOX 98 3UNLAND PARK MM 38063 589-7520 589-0078 A3ARC0 CARL GLASER 54I-IB55 May 04, 1937 I;iY DEMOLITION BID FOR JONES SCHOOL IS FOR THE AMOUNT 0? $i4,500.oo (FOURTEEN THOUSAND FIVE HUNDRED DLLS), THIS INCLUDES REMOVAL C? BUILDING, REMOVAL OF ALL MATERIAL FROM SITE EXCEFT CONCRETE WALLS & FLOORS, I HAVE ALL SALVAGE RIGHTS, THE DEBRIS WILL BE DUMP ON LOCATION DE3IG?:ATED 3Y A3ARC0 PROPERTY, AND IN ORDER FOR ME TO PROVIDED INSURANCE THAT YOU ARE REQUIRING, THE AMOUNT OF $5,200.00 (FIVE THOUSAND TWO HUNDRED DLLS) WILL BE ADDED TO THE 3ID. THIS DEMOLITION J03 WILL BE COMPLETED IN 90 DAYS. Sincerely ASA PCO ELP 0010032 F & F DEMOLITION CONTRACTOR P.C. BCX 98 SUNLAND PARK NM 88063 589-7520 589-0073 A3ARCC CARL GLASER 541-1355 May 04, 198? MY DEMOLITION BID FOR THE JONES SCHOOL IS FOR THE AMOUNT OF $19,950.00 (NINTEEN THOUSAND NINE HUNDRED AND FIFTY DLLS) THIS INCLUDES DEMOLITION OF BUILDING, REMOVAL OF MATERIALS FROM SITE, REMOVAL OF CONCRETE WALLS & FLOORS TO GROUND LEVEL, THE DEBRIS WILL 3E DUMP ON LOCATION DESIGNATED 3Y ASARCO, I HAVE ALL SALVAGE RIGHTS AND IN ORDER FOR ME TO PROVIDED THE INSURANCE THAT YOU ARE REQUIRING . THE AMOUNT OF $5,200 (FIVE THOUSAND TWG HUNDRED DLLS) WILL 3E ADDED TO THE EID, THIS DEMOLITION JOB WILL 3E COMPLETED IN 90 DAYS. Sincerly Ui H ASARCO ELP 0010033 proposal ^ Page No. Pages PROPOSAL SUBMITTED TO Asarco ROBLES & SONS, INC. . DEMOLITION CONTRACTORS 7699 Alameda EL PASO. TEXAS 79915 (915) 772-7783 PHONE 541-1855 JOS NAME PATE 4-30-87 CITY. STATE and ZIP coot a66mitect DATE OP PLANS s--------------------------------------------------------------------------------- JOB LOCATION Jones School JOS PHONE y ^VOpQBt hereby to furnish material and labor -- complete in accordance with specifications below, for the sum of: Fourteen thousand . .one hundred Peymsnt to ba made at follows: ____________ Upon completion.of iob .dollars (S A.4 ,.l OQ t QQ AU m*trtl If guaranteed lo be ae apaafiso AS work too* completed we wortmanlAa manner according 10 etanoara praeiieee. Any alteration or diraMn from sMcHteaMna be* io* ifi*oiing edre coete w>u C aiaeutad only upon written orders and win become an it>* cnerge ovr and aboa in* estimate au agreements contingent upon airikaa, acci* dent* or delay* beyond our control Owner to carry lire, tornedo end other neceseery Iniuranea Our workers #ra fully covered by Workman a Companaaiion Inauranca Authorized Sionature . arfAoieee' w r w yu 1 We hereby submit apecihoetions end eatimatea for. Demolish and remove school building* All concrete to be re move to ground level. Debris from buildiny_to be dumped on Asarco property. All salvageable material becomes property of Robles & Sons. Inc. All work to be completed in sixty davs. Note;___ We carry Workman's Comp. (statutory1) 500.000.00 Demo.___ Liability, and 300.000.00 ftuto and truck Liability. Arrpptanrp nf JfrnpnBal -- Tha above prteea, specification* end conditions ere seiisfeeiory end are heraby accaplad. You are authorized to do the wort ea specified. Paymsnt will be made ea outlined above. Signature - Data of Acceptance Signature . 'C*w2<tJ a--ewwn/^r/vc.Qr^ciao ASARCO ELP OOI0034 C